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
Senate
July 03, 2023 |
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.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 site, based on a site inspection, if both of the following conditions apply to that site:SEC. 4.
Section 3236 of the Public Resources Code is amended to read:3236.
(a)(b)If the conviction is for a second or subsequent violation of subdivision (a), the owner or operator, or employee thereof, 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.
(c)If the act that violated subdivision (a) caused great bodily
injury, or caused a substantial probability that death could result, the person convicted under this section shall 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 subdivision (a) and may be fined up to two hundred fifty thousand dollars ($250,000) for each day of violation.