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 26, 2023 |
Amended
IN
Assembly
April 06, 2023 |
Amended
IN
Assembly
March 23, 2023 |
Introduced by Assembly Member Hart (Coauthors: Assembly Members Addis and Muratsuchi) |
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(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.
(2)If the conviction is for a second or subsequent violation of subdivision (b), the person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months, or in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) for each day of violation, or by both that fine and imprisonment.
(3)If the act that violated subdivision (b) caused great bodily injury, or caused a substantial probability that death could result, the person convicted under this subdivision of violating subdivision (b) may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three years, in addition and consecutive to the term specified in paragraph (1) or (2), and may be fined up to two hundred fifty thousand dollars ($250,000) for each day of violation.
(4)Each day or partial day that a violation occurs is a separate violation.
(b)An owner or operator, or an employee of the owner or operator, and every person, whether as principal, agent, servant, employee, or otherwise, who does any of the following is subject to the punishment prescribed in subdivision (a):
(1)Refuses to permit the supervisor or the district deputy, or the supervisor’s or the district deputy’s inspector, to inspect a well.
(2)Willfully hinders or delays the enforcement of the provisions of this chapter.
(3)Fails to comply with any order of the supervisor or the director.
(4)Makes any false statement or representation in any application, record, report, permit, notice to comply, or other document filed, maintained, or used for the purposes of compliance with this chapter.
(5)Violates, fails, neglects, or refuses to comply with any provision of this chapter.
(6)Willfully renders a false or fraudulent report.
(7)Destroys, alters, or conceals any record required to be maintained pursuant to this chapter.
(8)Withholds information regarding a real and substantial danger to the public health, natural resources, or safety when that information has been requested by the supervisor, and is required to carry out the responsibilities of the supervisor in response to a real and substantial danger.
(9)Fails or neglects or refuses to furnish any report or record that may be required pursuant to the provisions of this chapter.
(c)In addition to any other fine set forth in this section, a person convicted of violating this section shall pay a fine in an amount equal to the cost to plug and abandon any well associated with the violation. The cost to plug and abandon any well associated with the violation is to be determined by the supervisor using any reasonable method, including, but not limited to, consideration of the factors listed in subdivision (b) of Section 3205.3 or the cost estimation criteria described in subdivision (b) of Section 3205.7, or consultation with a contractor to obtain an estimate of the cost to plug and abandon the well. The moneys collected pursuant to this subdivision shall be deposited in the Oil and Gas Environmental Remediation Account established pursuant to Section 3261.
SEC. 4.
Section 3236 of the Public Resources Code is amended to read:3236.
(a) Any owner or operator, or employee thereof, who refuses to permit the supervisor or the district deputy, orSEC. 6.SEC. 5.
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) for each separate violation or, for continuing violations, for each day that violation continues. An act of God or a criminal act of vandalism beyond the reasonable control of the operator is not a violation.(i)
(j)
(k)
(l)