Bill Text: CA AB631 | 2023-2024 | Regular Session | Amended
Bill Title: Oil and gas: enforcement: penalties.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2023-10-07 - Chaptered by Secretary of State - Chapter 337, Statutes of 2023. [AB631 Detail]
Download: California-2023-AB631-Amended.html
Amended
IN
Assembly
April 06, 2023 |
Amended
IN
Assembly
March 23, 2023 |
Introduced by Assembly Member Hart |
February 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 338.1 of the Code of Civil Procedure, as amended by Section 7 of Chapter 258 of the Statutes of 2022, is amended to read:338.1.
An action for civil penalties or punitive damages authorized under Chapter 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), or Chapter 6.95 (commencing with Section 25500) of Division 20 of, or Part 2 (commencing with Section 78000) of Division 45 of, the Health and Safety Code, or Chapter 1 (commencing with Section 3000) of Division 3 of the Public Resources Code, shall be commenced within five years after the discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.SEC. 2.
Section 3224 of the Public Resources Code is amended to read:3224.
The supervisor shall order those tests or remedial work as in the supervisor’s judgment are necessary to prevent damage to life, health, property, and natural resources; to protect oil and gas deposits from damage by underground water; or to prevent the escape of water into underground formations, or to prevent the infiltration of detrimental substances into underground or surface water suitable for irrigation or domestic purposes, to the best interests of the neighboring property owners and the public. An order to undertake remedial work under this section may include an order to cease and desist specified activities that threaten to damage life, health, property, or natural resources, including waters suitable for irrigation or domestic purposes, or that violate the requirements of this chapter or a regulation implementing this chapter. The order shall be in writing, signed by the supervisor. It shall be served upon the owner of the well, or the owner’s local agent, either personally or by mailing a copy of the order to the post office address given at the time the local agent is designated. If a local agent has not been designated, the order shall be served by mailing a copy to the last known post office address of the owner, or if the owner is unknown, by posting a copy in a conspicuous place upon the property, and publishing it once a week for two successive weeks in some newspaper of general circulation throughout the county in which the well is located. The order shall specify the conditions sought to be remedied and the work necessary to protect the deposits from damage from underground water.SEC. 3.
Section 3224.5 is added to the Public Resources Code, to read:3224.5.
(a) After making a determination, based upon a site inspection, that a well poses a risk to life, health, property, or natural resources, the supervisor may order an operator, owner, or property owner to secure the site if both of the following conditions apply to that site:(d)An operator, owner, or property owner who fails to comply with an order of the division issued pursuant to this section is subject to a civil penalty of up to twenty-five thousand dollars ($25,000). In determining the amount of a civil penalty to be imposed, the
court shall consider all relevant circumstances, including, but not limited to, the economic assets of the operator, owner, or property owner and whether the operator, owner, or property owner has acted in good faith. If the operator, owner, or property owner fails to secure and post the site, the supervisor shall secure and post the site pursuant to subdivision (b) within 30 days of the expiration of the five-day period and shall seek recovery of the costs of that securing and posting from the operator, owner, or property owner. If the well is abandoned, as defined in Section 3208, if the well cannot be traced to a specific owner or operator, or if the operator, owner, or property owner is the subject of an order for relief in bankruptcy, the supervisor shall secure and post the site, using any source of funds, pursuant to subdivision (b).
SEC. 4.
Section 3236 of the Public Resources Code is repealed.SEC. 5.
Section 3236 is added to the Public Resources Code, to read:3236.
(a) (1) An owner or operator, or an employee of the owner or operator, who commits any of the acts specified in subdivision (b) shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than two thousand dollars ($2,000), nor more than twenty-five thousand dollars ($25,000) for each day of the violation, or by imprisonment for a term not exceeding six months, or by both that fine and imprisonment, for each offense.SEC. 6.
Section 3236.2 is added to the Public Resources Code, to read:3236.2.
(a) Upon referral by the supervisor, a person who violates this chapter or a regulation implementing this chapter is subject to a civil penalty of not more than fifty thousand dollars ($50,000)(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
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