DIVISION 3. OIL AND GAS [3000. - 3865.]

Division 3 enacted by Stats. 1939, Ch. 93.

§§ 3000–3865 · 509 sections

1. CHAPTER 1. Oil and Gas Conservation §§ 3000–3473 · 298 sections

   1. ARTICLE 1. Definitions and General Provisions §§ 3000–3017 · 18 sections

      • § 3000 Unless the context otherwise requires, the definitions hereinafter set forth shall govern the construction of this division.
      • § 3001 “Department,” in reference to the government of this state, means the Department of Conservation.
      • § 3002 “Division,” in reference to the government of this state, means the Geologic Energy Management Division in the Department of Conservation; otherwise “division”…
      • § 3003 “Director” means the Director of Conservation.
      • § 3004 “Supervisor” means the State Oil and Gas Supervisor.
      • § 3005 “Person” includes any individual, firm, association, corporation, or any other group or combination acting as a unit.
      • § 3006 “Oil” includes petroleum, and “petroleum” includes oil.
      • § 3007 “Gas” means any natural hydrocarbon gas coming from the earth.
      • § 3008 (a) “Well” means any oil or gas well or well for the discovery of oil or gas; any well on lands producing or reasonably presumed to contain oil or gas; any…
      • § 3009 “Operator” means a person who, by virtue of ownership, or under the authority of a lease or any other agreement, has the right to drill, operate, maintain, or…
      • § 3010 “Production facility” means any equipment attendant to oil and gas production or injection operations including, but not limited to, tanks, flowlines, headers,…
      • § 3011 (a) The purposes of this division include protecting public health and safety and environmental quality, including reduction and mitigation of greenhouse gas…
      • § 3012 The provisions of this division apply to any land or well situated within the boundaries of an incorporated city in which the drilling of oil wells is now or…
      • § 3013 This division shall be liberally construed to meet its purposes, and the director and the supervisor, acting with the approval of the director, shall have all…
      • § 3014 “District” means an oil and gas district as provided for in Section 3100.
      • § 3015 For the purpose of implementing Section 503 of the Natural Gas Policy Act of 1978, the supervisor may make the determinations entrusted to state agencies…
      • § 3016 For purposes of this chapter, abandoned underground personal property, including a well, of an operator shall become the property of the mineral interest owner…
      • § 3017 (a) It is the intent of the Legislature that the oil and gas industry pay for all necessary costs of plugging and abandonment and site restoration of oil and…
   2. ARTICLE 2. Administration §§ 3100–3115 · 18 sections

      • § 3100 For the purposes of this chapter, the state is divided into districts, the number and boundaries of which shall be fixed by the director. The director and the…
      • § 3101 The supervisor shall appoint one chief deputy and at least one district deputy for each of the districts provided for in this chapter, and shall prescribe…
      • § 3103 The chief deputy shall be a competent engineer or geologist, preferably licensed in the state, and experienced in the development and production of oil and gas.
      • § 3104 Each district deputy shall be a competent engineer or geologist, preferably licensed in the state, and experienced in the development and production of oil and…
      • § 3105 An office under the supervision of a district deputy may be maintained in each district. The office shall be conveniently accessible to the oil and gas…
      • § 3106 (a) The supervisor shall so supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment…
      • § 3106.1 (a) Notwithstanding any other law, and notwithstanding any notice of intention, supplemental notice, well stimulation treatment permit, or similar…
      • § 3106.5 Acting with the approval of the director, the supervisor may annually expend, from the amount appropriated to the division, up to ten thousand dollars…
      • § 3107 A district deputy in each district, designated by the supervisor, shall collect all necessary information regarding the oil and gas wells in the district, with…
      • § 3108 (a) On or before the first day of October of each year the supervisor shall make public, for the benefit of all interested persons, a report in writing…
      • § 3108.5 (a) (1) On or before July 1, 2026, the supervisor shall make all public information collected or maintained by the division, with priority given to well…
      • § 3109 The supervisor may publish any publications, reports, maps, or other printed matter relating to oil and gas, for which there may be public demand. If these…
      • § 3110 All money paid to the Treasurer pursuant to Article 7 (commencing with Section 3400) shall be deposited to the credit of the Oil, Gas, and Geothermal…
      • § 3111 (a) All money received in repayment of repair work done as provided in this chapter shall be returned and credited to the Oil, Gas, and Geothermal…
      • § 3112 Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901)…
      • § 3113 (a) Notwithstanding Section 10231.5 of the Government Code, the division shall, in compliance with Section 9795 of the Government Code, annually prepare and…
      • § 3114 (a) By July 30, 2019, and annually thereafter, the Department of Conservation, in consultation with the State Water Resources Control Board, shall report to…
      • § 3115 On or before July 1, 2023, the division shall develop and implement an education and outreach program to provide training to local governmental entities on…
   3. ARTICLE 2.3. Oil, Gas, and Geothermal Administrative Fund: Labor Standards for Funding §§ 3125–3125.3 · 4 sections

      • § 3125 All work to plug and abandon wells, decommission production facilities, or otherwise remediate well sites that is undertaken, funded, or financed by the…
      • § 3125.1 (a) Not later than June 30, 2024, the California Workforce Development Board shall consult with the division in developing and implementing the Oil and Gas…
      • § 3125.2 (a) The division, with assistance from the Labor and Workforce Development Agency, shall develop a procurement process to group multiple projects involving the…
      • § 3125.3 (a) This section applies only to work performed by contractors licensed by the Contractors State License Board under contracts for the performance of…
   4. ARTICLE 2.5. Underground Injection Control §§ 3130–3132 · 3 sections

      • § 3130 For purposes of this article, the following terms mean the following: (a) “Beneficial use” has the same meaning as set forth in subdivision (f) of Section…
      • § 3131 (a) To ensure the appropriateness of a proposal by the state for an exempted aquifer determination subject to any conditions on the subsequent injection of…
      • § 3132 (a) For purposes of this section, the following definitions apply: (1) “Carbon dioxide capture project” means a project that uses a process to separate carbon…
   5. ARTICLE 3. Well Stimulation §§ 3150–3161 · 12 sections

      • § 3150 “Additive” means a substance or combination of substances added to a base fluid for purposes of preparing well stimulation treatment fluid which includes, but…
      • § 3151 “Base fluid” means the continuous phase fluid used in the makeup of a well stimulation treatment fluid, including, but not limited to, an acid stimulation…
      • § 3152 “Hydraulic fracturing” means a well stimulation treatment that, in whole or in part, includes the pressurized injection of hydraulic fracturing fluid or fluids…
      • § 3153 “Well stimulation treatment fluid” means a base fluid mixed with physical and chemical additives, which may include acid, for the purpose of a well stimulation…
      • § 3154 “Proppants” means materials inserted or injected into the underground geologic formation that are intended to prevent fractures from closing.
      • § 3155 “Supplier” means an entity performing a well stimulation treatment or an entity supplying an additive or proppant directly to the operator for use in a well…
      • § 3156 “Surface property owner” means the owner of real property as shown on the latest equalized assessment roll or, if more recent information than the information…
      • § 3157 (a) For purposes of this article, “well stimulation treatment” means any treatment of a well designed to enhance oil and gas production or recovery by…
      • § 3158 “Acid well stimulation treatment” means a well stimulation treatment that uses, in whole or in part, the application of one or more acids to the well or…
      • § 3159 “Flowback fluid” means the fluid recovered from the treated well before the commencement of oil and gas production from that well following a well stimulation…
      • § 3160 (a) On or before January 1, 2015, the Secretary of the Natural Resources Agency shall cause to be conducted, and completed, an independent scientific study on…
      • § 3161 (a) The division shall finalize the regulations governing this article on or before January 1, 2015. Notwithstanding any other laws, the regulations shall…
   6. ARTICLE 3.5. Natural Gas Storage Wells §§ 3180–3187 · 10 sections

      • § 3180 (a) As used in this article, “gas storage well” means an active or idle well used primarily to inject natural gas into or withdraw natural gas from an…
      • § 3181 (a) The operator of a gas storage well shall submit for the supervisor’s approval the following materials: (1) Data describing the gas storage project and gas…
      • § 3181.5 (a) (1) The operator of a gas storage well shall provide to the division a complete chemical inventory of the materials, of any phase, that may be emitted from…
      • § 3182 On a weekly basis, the division shall post a list of notices received pursuant to Section 3203 on the division’s Internet Web site. Copies of any notice shall…
      • § 3183 (a) The division, in consultation with the State Air Resources Board, shall determine and adopt by regulation what constitutes a reportable leak from a gas…
      • § 3184 (a) Within 72 hours of being notified of a reportable leak, pursuant to Section 3183, the supervisor shall determine if the reportable leak poses a significant…
      • § 3185 The division shall perform unannounced random onsite inspections of some gas storage wells annually. The results shall be posted and available to the public on…
      • § 3186 An operator of a gas storage well shall develop and maintain a comprehensive gas storage well training and mentoring program for those employees whose job…
      • § 3186.3 On or before July 1, 2021, in response to the independent root cause analysis of the 2015 well leak at the Aliso Canyon gas storage facility prepared by Blade…
      • § 3187 All materials provided to the division and approved by the supervisor to comply with Sections 3181, 3184, and 3185 shall be posted and available to the public…
   7. ARTICLE 3.6. Gravity-Based Energy Storage Well Pilot Program §§ 3190–3190.9 · 10 sections

      • § 3190 For purposes of this article, the following definitions apply: (a) “Federal agency” means the United States Environmental Protection Agency, including Region 9…
      • § 3190.1 (a) The supervisor, after consulting with the State Water Resources Control Board and an appropriate regional water quality control board, may authorize the…
      • § 3190.2 A well that has been permitted or operated as a Class II well, as defined in Section 3130, shall not be authorized for use as a gravity-based energy storage…
      • § 3190.3 (a) For purposes of this section, “plan” means the plan required pursuant to paragraph (2) of subdivision (a) of Section 3206. (b) An idle well that is…
      • § 3190.4 (a) The division shall require mechanical integrity testing before the conversion of a well to a gravity-based energy storage well, and not less than annually…
      • § 3190.5 A gravity-based energy storage well that has lost its mechanical integrity shall be plugged and abandoned within one year or scheduled for plugging and…
      • § 3190.6 Except as otherwise provided in this article, a gravity-based energy storage well shall meet all requirements applicable to a well specified in this division.
      • § 3190.7 The division shall identify all wells converted to or being operated as gravity-based energy storage wells on its internet website.
      • § 3190.8 (a) On or by January 1, 2033, the division, in consultation with entities operating gravity-based energy storage wells, the Secretary for Environmental…
      • § 3190.9 (a) Except as provided in subdivision (c), this article shall remain in effect only until January 1, 2035, and as of that date is repealed. (b) The…
   8. ARTICLE 4. Regulation of Operations §§ 3200–3238 · 58 sections

      • § 3200 An owner or operator of a well or production facility shall designate an agent, giving his or her address, who resides in this state, to receive and accept…
      • § 3201 (a) The operator of a well or production facility shall notify the supervisor or the district deputy, in writing, in the form that the supervisor or the…
      • § 3202 (a) A person who acquires the right to operate a well or production facility, whether by purchase, transfer, assignment, conveyance, exchange, or other…
      • § 3203 (a) The operator of any well, before commencing the work of drilling the well, shall file with the supervisor or the district deputy a written notice of…
      • § 3203.5 (a) The division shall require a copy of the local land use authorization that supports the installation of a well at the time an operator submits the notice…
      • § 3204 (a) An operator who, on or after January 1, 2018, engages in the drilling, redrilling, deepening, or in any operation permanently altering the casing, of a…
      • § 3205 (a) An operator who engages in the drilling, redrilling, deepening, or in any operation permanently altering the casing, of 20 or more wells at any time, may…
      • § 3205.1 (a) Notwithstanding Sections 3204 and 3205, a person who engages in the drilling, redrilling, or deepening, or in any operation permanently altering the…
      • § 3205.2 (a) Notwithstanding Section 3204, any person who engages in the operation of a class II commercial wastewater disposal well, as defined in subdivision (d),…
      • § 3205.3 (a) The division may require an operator filing an individual indemnity bond pursuant to Section 3204 or a blanket indemnity bond pursuant to Section 3205, as…
      • § 3205.5 In lieu of the indemnity bond required by Sections 3204, 3205, 3205.1, 3205.2, 3205.8, and 3206, a deposit may, with the written approval of the supervisor, be…
      • § 3205.6 Before July 1, 2020, the supervisor shall do all of the following: (a) Evaluate and estimate the costs associated with the decommissioning, including plugging…
      • § 3205.7 (a) (1) Commencing July 1, 2022, the division shall begin requiring each operator of an oil or gas well to submit a report to the supervisor that demonstrates…
      • § 3205.8 (a) (1) Notwithstanding any other provision of this chapter, a person who acquires the right to operate a well or production facility, by purchase, transfer,…
      • § 3206 (a) No later than May 1 of each year, the operator of any idle well shall do either of the following: (1) For each idle well that was an idle well at any time…
      • § 3206.1 (a) By June 1, 2018, the division shall review, evaluate, and update its regulations pertaining to idle wells. The update shall include idle well testing and…
      • § 3206.1.5 (a) On or before March 1, 2025, the division shall identify all low-production wells that are located in a county of the first class in an oil field that is…
      • § 3206.2 (a) (1) The division, in consultation with the State Air Resources Board, shall initiate a study to be conducted by independent experts of fugitive emissions…
      • § 3206.3 (a) (1) Notwithstanding Section 10231.5 of the Government Code, on or before July 1, 2019, and annually thereafter, the supervisor shall, in compliance with…
      • § 3206.5 (a) Any city or county may request from the supervisor a list of all idle wells, as defined in subdivision (d) of Section 3008, within its jurisdiction. (b)…
      • § 3207 (a) Any individual or blanket indemnity bond issued in compliance with this chapter may be terminated and canceled and the surety relieved of all obligations…
      • § 3208 (a) For the purposes of Sections 3206 and 3207, a well is properly abandoned when it has been shown, to the satisfaction of the supervisor, that all proper…
      • § 3208.1 (a) To prevent, as far as possible, damage to life, health, and property, the supervisor or district deputy may order, or permit, the reabandonment of any…
      • § 3209 The provisions of Section 3207 as to termination and cancellation shall also apply to all bonds which have been heretofore filed with the supervisor as then…
      • § 3210 The owner or operator of any well shall keep, or cause to be kept, a careful and accurate log, core record, and history of the drilling of the well.
      • § 3211 The log shall show the character and depth of the formation passed through or encountered in the drilling of the well. The log shall show completely the…
      • § 3212 The core record shall show the depth, character, and fluid content of cores obtained, so far as determined.
      • § 3213 (a) The history shall show the location and amount of sidetracked casings, tools, or other material, the depth and quantity of cement in cement plugs, the…
      • § 3214 The log shall be kept in the local office of the owner or operator, and, together with the tour reports of the owner or operator, shall be subject, during…
      • § 3215 (a) Within 60 days after the date of cessation of drilling, rework, well stimulation treatment, or abandonment operations, or the date of suspension of…
      • § 3216 The owner or operator of any well, or his local agent, shall file with the supervisor a copy of the log, history, and core record, or any portion thereof, at…
      • § 3219 Any person engaged in operating any oil or gas well wherein high pressure gas is known to exist, and any person drilling for oil or gas in any district where…
      • § 3219.5 (a) On or before July 1, 2001, the Department of Conservation shall report to the Governor and the Legislature on options for ensuring the existence of blowout…
      • § 3220 The owner or operator of any well on lands producing or reasonably presumed to contain oil or gas shall properly case it with water-tight and adequate casing,…
      • § 3222 The owner or operator of any well shall, at the request of the supervisor, demonstrate that water from any well is not penetrating oil-bearing or gas-bearing…
      • § 3223 The district deputy or an inspector designated by the supervisor may be present at the test for shutoff. If the test is personally witnessed by the district…
      • § 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…
      • § 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…
      • § 3225 (a) An order of the supervisor or a district deputy issued pursuant to this chapter shall provide a clear and concise recitation of the acts or omissions with…
      • § 3226 (a) Within 30 days after service of an order pursuant to Sections 3224 and 3225, or Section 3237, or if there has been an appeal from the order to the…
      • § 3226.3 The division shall annually provide to the State Water Resources Control Board and the California regional water quality control boards an inventory of all…
      • § 3227 (a) The owner of any well shall file with the supervisor, on or before the last day of each month, for the last preceding calendar month, a statement, in the…
      • § 3227.5 The supervisor shall compile from statements filed pursuant to Section 3227 and publish monthly statistics, within 90 days of the end of each calendar month,…
      • § 3227.6 As used in Sections 3227 and 3227.5, the following terms have the following meaning: (a) “Field” means the same general surface area which is underlain, or…
      • § 3228 Before abandoning any well in accordance with methods approved by the supervisor or the district deputy, and under his or her direction, the owner or operator…
      • § 3229 Before commencing any work to abandon a well, the owner or operator shall file with the supervisor or the district deputy a written notice of intention to…
      • § 3230 The notice of intention to abandon shall contain the following information: (a) The total depth of the well to be abandoned. (b) The complete casing record of…
      • § 3232 The supervisor or the district deputy shall, within 10 days after the receipt of a written report of abandonment, furnish the owner or operator with a written…
      • § 3233 (a) The division may develop field rules which establish volumetric thresholds for emergency reporting by the operator of oil discharges to land associated…
      • § 3234 (a) (1) Except as otherwise provided in this section, all the well records, including production reports, of any owner or operator that are filed pursuant to…
      • § 3235 (a) The supervisor may upon their own initiative or shall upon receipt of a written complaint from a person owning land, residing, or operating wells within a…
      • § 3236 (a) An owner or operator, or employee thereof, who refuses to permit the supervisor or the district deputy, or the district deputy’s inspector, to inspect a…
      • § 3236.2 (a) (1) 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…
      • § 3236.3 (a) When the supervisor determines that a person has engaged in, is engaged in, or is about to engage in any acts or practices that constitute or will…
      • § 3236.5 (a) A person who violates this chapter or a regulation implementing this chapter is, at the supervisor’s discretion, subject to an administrative civil penalty…
      • § 3236.6 The supervisor, or the supervisor’s designee, may recover from the owner or operator all response, prosecution, and enforcement costs incurred by the division…
      • § 3237 (a) (1) The supervisor or district deputy may order the plugging and abandonment of a well or the decommissioning of a production facility that has been…
      • § 3238 (a) For oil and gas produced in this state from a well that qualifies under Section 3251 or that has been inactive for a period of at least the preceding five…
   9. ARTICLE 4.1. Abandoned Wells §§ 3240–3243 · 3 sections

      • § 3240 The supervisor, in cooperation with appropriate state and local agencies, shall conduct a study of abandoned oil and gas wells located in those areas of the…
      • § 3241 The supervisor, in cooperation with appropriate state and local agencies, shall develop a strategy for extracting existing accumulations of methane gas and…
      • § 3243 (a) On or before July 1, 2022, the supervisor shall establish a collections unit within the division. (b) The collections unit shall be responsible for…
   10. ARTICLE 4.2. Hazardous Wells and Facilities §§ 3250–3258 · 10 sections

       • § 3250 The Legislature hereby finds and declares that hazardous and certain idle-deserted oil and gas wells and hazardous and deserted facilities, as defined in this…
       • § 3251 For the purposes of this article, the following definitions apply: (a) “Deserted facility” means a production facility determined by the supervisor to be…
       • § 3251.5 (a) Notwithstanding Section 3251, a well shall be deemed a hazardous well if it has been determined by the supervisor to pose a present danger to life, health,…
       • § 3252 As used in this article, “natural resources” includes land, water, air, minerals, vegetation, wildlife, historical or aesthetic sites, or any other natural…
       • § 3253 If any provisions of this article or the application thereof in any circumstances or to any person or public agency is held invalid, the remainder of this…
       • § 3254 This article shall be liberally construed and applied to promote its purposes.
       • § 3255 (a) Notwithstanding any other provision of this division, the supervisor may order to be carried out, or may undertake, any of the following operations, as…
       • § 3256 (a) The division is hereby authorized to accept, and hold for and in the name of the state, by gift, exchange, purchase, negotiation, or eminent domain…
       • § 3257 To effect the purpose of this article, the division is authorized to enter into agreements with any person, public agency, corporation, or other entity for the…
       • § 3258 (a) The division shall not make expenditures from the Oil, Gas, and Geothermal Administrative Fund pursuant to this article that exceed the following sum any…
   11. ARTICLE 4.3. Oil and Gas Environmental Remediation Account §§ 3260–3262 · 3 sections

       • § 3260 For purposes of this article, “account” means the Oil and Gas Environmental Remediation Account established under Section 3261.
       • § 3261 (a) Notwithstanding any other provision of this chapter, including the expenditure limitations of Section 3258, the division shall administer and manage the…
       • § 3262 The division may adopt regulations to implement this article.
   12. ARTICLE 4.4. Regulation of Production Facilities §§ 3270–3270.6 · 7 sections

       • § 3270 (a) The division shall, by regulation, prescribe minimum facility maintenance standards for all production facilities in the state. The regulations shall…
       • § 3270.1 Within three months of its acquisition of a production facility or at the time of the initial production at its production facility, the facility operator…
       • § 3270.2 The division shall inspect production facilities to ensure compliance with the standards prescribed in the regulations promulgated pursuant to subdivision (a)…
       • § 3270.3 In addition to any other remedy provided by law, the supervisor, upon his or her determination or that of the district deputy that a production facility is…
       • § 3270.4 (a) In addition to the bonding requirements under Article 4 (commencing with Section 3200), for an operator with a history of violating this chapter or that…
       • § 3270.5 (a) (1) By January 1, 2018, the division shall review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that…
       • § 3270.6 Upon the discovery of a leak from an active gas pipeline that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline…
   13. ARTICLE 4.5. Interstate Cooperation in Oil and Gas Conservation §§ 3275–3277 · 3 sections

       • § 3275 The Legislature of the State of California hereby ratifies and approves “The Interstate Compact to Conserve Oil and Gas,” and the amendment, extension, and…
       • § 3276 The provisions of the interstate compact referred to in Section 3275 are as follows: An Agreement to Amend, Extend and Renew the Interstate Compact to Conserve…
       • § 3277 The Governor is hereby designated as the official representative of the State of California on the Interstate Oil Compact Commission provided for in the…
   14. ARTICLE 4.6. Health Protection Zones §§ 3280–3291 · 13 sections

       • § 3280 For purposes of this article, the following definitions apply: (a) “Area” means surface area, and all measurement of distances is on the surface of the land.…
       • § 3281 (a) Notwithstanding any other law, commencing January 1, 2023, the division shall not approve any notice of intention under Section 3203 within a health…
       • § 3281.5 (a) The Legislature finds and declares that development of oil and gas fields into nonfossil fuel production and injection and related uses, including, but not…
       • § 3282 Commencing July 1, 2026, all oil or gas production facilities or wells with a wellhead within a health protection zone shall be in compliance with all of the…
       • § 3283 (a) All operators with a production facility or well with a wellhead in a health protection zone shall develop a leak detection and response plan that shall be…
       • § 3284 (a) Before commencing any work that requires a notice of intention under Section 3203 in the health protection zone, the operator shall contact property owners…
       • § 3285 (a) Every operator shall submit to the division by July 1, 2025, a sensitive receptor inventory and map that includes the following: (1) A list of all…
       • § 3286 (a) Commencing July 1, 2030, and no less than annually on a date to be determined by the division, an operator with a wellhead or other production facility or…
       • § 3287 Notwithstanding Section 10231.5 of the Government Code, on or before July 1, 2030, and annually thereafter, the division shall provide a legislative report to…
       • § 3288 The division, the State Air Resources Board, and the State Water Resources Control Board may prescribe, adopt, and enforce any emergency regulations as…
       • § 3289 (a) No provision of this article is a limitation on the authority or jurisdiction of the State Water Resources Control Board, the regional water quality…
       • § 3290 The State Air Resources Board, relevant local air districts, the State Water Resources Control Board, and relevant local water quality control boards shall…
       • § 3291 This article does not diminish or alter the authority of the supervisor to deny, revoke, or suspend permits to meet the division’s purpose to protect public…
   15. ARTICLE 5. Unreasonable Waste of Gas §§ 3300–3314 · 15 sections

       • § 3300 The unreasonable waste of natural gas by the act, omission, sufferance, or insistence of the lessor, lessee or operator of any land containing oil or gas, or…
       • § 3301 Whenever the supervisor finds that it is in the interest of the protection of oil or gas from unreasonable waste, the lessors, lessees, operators or other…
       • § 3302 Upon complaint being made to the director by any person operating in any oil field that there is occurring or threatened an unreasonable waste of gas in any…
       • § 3303 Notice of the time and place of the hearing shall be given by publication in a newspaper printed and published in the county in which the unreasonable waste of…
       • § 3304 The place of hearing shall be in the county or in any of the counties in which the unreasonable waste of gas is alleged to be taking place or to be threatened.
       • § 3305 At the hearing all persons interested are entitled to be heard and may present testimony either oral or written. All witnesses shall be sworn, and a transcript…
       • § 3306 Upon the conclusion of the hearing, the supervisor shall determine whether or not there is an unreasonable waste of gas in the field, in existence or…
       • § 3307 If it appears that gas is being produced from any oil well or wells in quantities exceeding a reasonable proportion to the amount of oil produced from the same…
       • § 3308 If the waste of gas is found to be unreasonable, an order shall be made by the supervisor directing that the unreasonable waste of gas be discontinued or…
       • § 3309 A copy of the supervisor’s order shall be posted in a conspicuous place upon the property affected, and the order shall become final 10 days after posting,…
       • § 3310 When the decision of the supervisor that there is an unreasonable waste of gas occurring or threatened has become final, a certified copy thereof shall be…
       • § 3311 In those suits, a restraining order shall not be issued ex parte, and a temporary or permanent injunction issued in the proceedings shall not be refused or…
       • § 3312 Whenever it appears to the director that the owners, lessors, lessees, or operators of any well or wells producing oil and gas or oil or gas are causing or…
       • § 3313 In such suits a restraining order shall not be issued ex parte, and a temporary or permanent injunction issued in such proceedings shall not be refused or…
       • § 3314 Proceedings to enjoin waste as contemplated by this chapter shall be special proceedings restricted to the single issue whether gas is being produced or is…
   16. ARTICLE 5.5. Subsidence §§ 3315–3347 · 53 sections

       • § 3315 It is hereby found and determined: (a) That the people of the State of California have a direct and primary interest in arresting and ameliorating the…
       • § 3316 Unless the context otherwise requires, the general provisions and definitions contained in this chapter govern the construction of this article.
       • § 3316.1 As used in this article, “person” means any natural person, corporation, association, partnership, limited liability company, joint venture, receiver, trustee,…
       • § 3316.2 “Pool” means an underground reservoir containing, or appearing at the time of determination to contain, a common accumulation of crude petroleum oil or natural…
       • § 3316.3 “Field” means the same general surface area which is underlaid or reasonably appears to be underlaid by one or more pools.
       • § 3316.4 “Repressuring operations” means gas injection operations, water injection operations, water flooding operations, or any combination thereof, or any other…
       • § 3316.5 “Subsidence” means sinking, lowering, collapsing, compaction or other movement of the land whether covered by water or not.
       • § 3316.6 “Unit area” means all or part of a pool or pools included within the area embraced by a unit created pursuant to an order of the supervisor as provided in…
       • § 3316.7 “Unit production” means all oil, gas and other hydrocarbon substances produced from a unit area from the effective date of the order of the supervisor creating…
       • § 3316.8 “Fieldwide repressuring plan” means a plan based upon a competent engineering study or studies, prepared by a petroleum engineer licensed by the State, of all…
       • § 3316.9 “Unit agreement” means and includes, in addition to the unit agreement, any unit operating agreement, consent agreement and other agreement entered into in…
       • § 3316.10 “Increased production” means that portion of the oil or gas produced from all wells bottomed within a unit area, or within any other area where the supervisor…
       • § 3316.11 “Working interest” means an interest held in lands by virtue of fee title, including lands held in trust, a lease, operating agreement or otherwise, under…
       • § 3316.12 “Working interest owner” means a person owning a working interest.
       • § 3316.13 “Royalty interest” means a right to or interest in oil and gas produced from any lands or in the proceeds of the first sale thereof other than a working…
       • § 3316.14 “Royalty interest owner” means a person owning a royalty interest.
       • § 3316.15 “Unit operator” means the person or persons designated by the unit agreement or in accordance with subdivisions (g) and (j) of Section 3322 as operator or…
       • § 3316.16 “Land” means both surface and mineral rights.
       • § 3317 This article applies only to lands, referred to in Section 3315, overlying or immediately adjacent to a producing pool or pools, when such lands are subsiding,…
       • § 3318 An order of the supervisor which involves tide or submerged lands which may have been granted to any city, county, or city and county, or district, shall…
       • § 3319 (a) The supervisor, upon the supervisor’s own motion, may, or shall, upon the application of any city, county, or city and county, any part of which is in a…
       • § 3319.1 Prior to the adoption of a fieldwide repressuring plan and general specifications of the work to be done thereunder, as provided in Section 3319, the…
       • § 3320 (a) The policy of conducting voluntary repressuring operations in a pool or pools, or portions thereof, in order to arrest or ameliorate subsidence, or for any…
       • § 3320.1 (a) An agreement for the management, development and operation of two or more tracts in a pool or pools, or portions thereof, in a field as a unit without…
       • § 3320.2 If the supervisor determines that sufficient of the working interest owners and royalty interest owners to make repressuring operations feasible in any pool or…
       • § 3320.3 In determining, as required by Section 3320.2, whether the estimated cost of initiating and conducting such repressuring operations will exceed the estimated…
       • § 3320.4 In order to encourage the initiation and conduct of repressuring operations with the greatest possible speed in a subsidence area, the State, or any city, or…
       • § 3320.5 No working or royalty interest owner shall be liable for any loss or damage resulting from repressuring or other operations connected with the production of…
       • § 3321 (a) Subject to the limitations specified in this article, the supervisor shall have the power to issue a compulsory unit order upon the petition of a city,…
       • § 3322 An order of the supervisor requiring unit operation, pursuant to Section 3321, may include lands owned by any person as defined in Section 3316.1, and shall…
       • § 3322.1 No order of the supervisor creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the plan of…
       • § 3323 Notice of the time and place of any hearing to be held by the supervisor shall be given by publication in a newspaper of general circulation printed and…
       • § 3324 At hearings all persons interested are entitled to be heard and present evidence, both oral and written. All such persons shall be sworn, and a transcript of…
       • § 3325 The supervisor shall make and enforce all rules and regulations necessary or proper to accomplish the purposes of this article or to administer or enforce any…
       • § 3326 An order requiring unit operation may be amended for good cause by a subsequent order entered by the supervisor, except that no such order or amendment shall…
       • § 3327 Subject to the limitations in this article governing the creation of the unit previously established, the supervisor, by entry of a new order after a public…
       • § 3328 (a) The portion of unit production allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from such tract, and…
       • § 3329 The unit operator shall be authorized on behalf of and for the account of all the respective owners or possessors of the mineral rights within the unit area to…
       • § 3330 When unit expenses incurred by a unit operator on behalf of the unit have not been paid, the unit operator may, in order to secure payment of the amount due…
       • § 3331 Any order issued by the supervisor pursuant to this article, from its effective date, shall be binding upon each person owning or claiming any legal or…
       • § 3332 Within 30 days after the written notice of the entry of a final order of the supervisor, or within such further time as the supervisor may grant for good cause…
       • § 3333 (a) A final order of the supervisor shall be subject to judicial review by filing a petition for a writ of mandate in accordance with the provisions of Chapter…
       • § 3334 The pendency of actions before the superior court or proceedings for review before any other court of competent jurisdiction of itself shall not stay or…
       • § 3335 If an action for judicial review has not been commenced within the time prescribed for such action, or, if filed, the time within which to process an appeal by…
       • § 3336 The supervisor upon his own motion may, or shall upon the application of any interested person, hold a public hearing for the purpose of determining and…
       • § 3337 The division shall exercise surveillance over all repressuring operations in the state.
       • § 3341 At the termination of oil and gas production from a unit area established or approved pursuant to this article and the abandonment of attempts to obtain…
       • § 3342 To the extent necessary to conform to the provisions and requirements of this article, and to any order of unitization or other order, rule or regulation of…
       • § 3343 (a) Any person who willfully violates any provision of this article or any rule, regulation or order of the supervisor, shall be subject to a penalty of one…
       • § 3344 (a) Whenever it appears that any person is violating or threatening to violate any provision of this article, or any rule, regulation or order of the…
       • § 3345 No finding or determination made by the supervisor under the provisions of this article or by any court in proceedings involving the enforcement or review of…
       • § 3346 The provisions of this article shall supersede any conflicting provisions contained in any legislative grant of tide and submerged lands, or in any law…
       • § 3347 If any section, subsection, subdivision, sentence or clause of this article is adjudged to be unconstitutional or invalid, such adjudication shall not affect…
   17. ARTICLE 6. Appeals and Review §§ 3350–3359 · 10 sections

       • § 3350 (a) The operator of a well or a production facility to whom the supervisor or district deputy has issued an order pursuant to this chapter may file a notice of…
       • § 3351 (a) A hearing shall be provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code only in…
       • § 3352 (a) A hearing conducted by the director shall adhere to the following: (1) When an order is not issued as an emergency order, within 30 days from the date of…
       • § 3353 (a) Within 30 days after the close of a hearing conducted by the director, the director shall issue a written decision affirming, setting aside, or modifying…
       • § 3354 (a) Following a hearing conducted by the director pursuant to Sections 3352 and 3353 or subdivision (b) of Section 3350, the operator may obtain judicial…
       • § 3355 When an operator seeks judicial review of a decision of the director, including a decision following a hearing conducted in accordance with Chapter 5…
       • § 3356 (a) If the operator does not appeal an order, if the operator does not timely seek judicial review of a decision affirming or modifying an order within the…
       • § 3357 (a) In any proceeding before the director, and in any proceeding instituted by the supervisor for the purpose of enforcing or carrying out the provisions of…
       • § 3358 Witnesses shall be entitled to receive the fees and mileage fixed by law in civil causes, payable from the Oil, Gas, and Geothermal Administrative Fund.
       • § 3359 In case of the failure or neglect on the part of any person to comply with any order of the supervisor or the director, or any subpoena, or upon the refusal of…
   18. ARTICLE 7. Assessment and Collection of Charges §§ 3400–3434 · 38 sections

       • § 3400 The charges directed to be levied by this article are necessary in the exercise of the police power of the State and to provide a means by which to supervise…
       • § 3401 (a) The proceeds of charges levied, assessed, and collected pursuant to this article upon the properties of every person operating or owning an interest in the…
       • § 3402 There shall annually be imposed upon the person operating each oil well in this state, or owning royalty or other interests in respect to the production from…
       • § 3403 There shall annually be imposed upon the person operating each gas well in this state, or owning royalty or other interests with respect to the production from…
       • § 3403.5 (a) The Legislature finds that there are underground storage facilities for gas that utilize depleted or partially depleted oil or gas reservoirs. Purchased…
       • § 3403.6 (a) For the purposes of this section, “gravity-based energy storage well” has the same meaning as set forth in Section 3190. (b) To support the regulatory…
       • § 3404 The charges authorized by this article are in addition to any and all charges, taxes, assessments, or licenses of any kind or nature paid by or upon the…
       • § 3405 The department shall prescribe the form and contents of all reports for making the charge or for other purposes to carry out the intent and provisions of this…
       • § 3406 Every person chargeable under this article, shall on or before March 15th of each year, file a report with the department. The report shall show all items of…
       • § 3407 The department may, for good cause shown, by order entered upon its records, extend for not exceeding thirty days, the time for filing any report required by…
       • § 3407.5 If the person filing the report required under Section 3406, by error or otherwise fails to include the full amount of oil or gas production in the report, the…
       • § 3408 (a) If any person chargeable under this article fails or refuses to file with the department, within the time prescribed in this article, the verified report…
       • § 3410 The department shall, on or before June 15th of each year, acting in conjunction with the Department of Finance, make an estimate of the amount of money which…
       • § 3412 On or before June 15 of each year, the department shall determine the rate or rates that will produce the sums necessary to be raised as provided in Section…
       • § 3413 Between the first of March and the 15th of June in each year, the department shall assess and levy the charges as provided in this article. The assessment…
       • § 3417 The notice shall state: (a) That the assessment of property and levy of charges under this article has been completed. (b) That the records of assessments…
       • § 3417.5 (a) The division shall send a notice to each operator subject to a fee pursuant to Section 3206 by April 1 of each year. The notice shall do both of the…
       • § 3418 The department shall prepare each year a record called the “Record of Assessments and Charges” in which shall be entered each assessment and levy or charge…
       • § 3419 On or before the first of July the department shall deliver to the State Controller the record of assessments and charges, certified to by the director, which…
       • § 3420 (a) (1) No charges shall be levied for assessments on oil and gas production of less than ten dollars ($10). (2) The charges levied for assessments are due and…
       • § 3421 Every payment on a delinquent charge shall be applied as follows: (a) First, to any interest due on the charge. (b) Second, to any penalty imposed by this…
       • § 3423 (a) If any person fails to pay any charge or penalty imposed under this chapter at the time that it becomes due and payable, the amount thereof, including…
       • § 3423.2 A warrant may be issued by the Controller or his or her duly authorized representative for the collection of any charges, interest and penalties and for the…
       • § 3423.3 Notwithstanding any provisions of law to the contrary, the owner of said land may redeem from any execution sale within a period of three years upon payment of…
       • § 3423.4 The sheriff shall receive, upon the completion of his or her services pursuant to a warrant, and the Controller is authorized to pay to him or her the same…
       • § 3423.6 In the event that the lien of the charges, penalties or interest attaches to real property from which the oil or gas is extracted and more than one parcel of…
       • § 3423.9 It is expressly provided that the remedies provided herein of the state shall be cumulative and that no action by the Controller shall be construed to be an…
       • § 3424 All charges assessed and levied shall be paid to the State Treasurer upon the order of the Controller. The Controller shall record the payment of any charge.
       • § 3425 Errors appearing upon the face of any assessment on the record of assessments, or overcharges may be corrected by the Controller, with the consent of the…
       • § 3426 The Controller shall, on or before the thirtieth day of May next following the delinquency of any charge, bring an action in the name of the people of the…
       • § 3427 The Attorney General shall commence and prosecute any such action to final judgment.
       • § 3428 In such actions the record of assessments and charges, or a copy of so much thereof as is applicable, duly certified by the Controller, showing unpaid charges…
       • § 3429 Payment of the penalties and charges, or the amount of the judgment recovered in the action, shall be made to the State Treasurer.
       • § 3430 Any person claiming and protesting that the assessment made or charges assessed against him are void, in whole or in part, may bring an action against the…
       • § 3431 Whenever an action is commenced under the provisions of Section 3430, a copy of the complaint and of the summons shall be served upon the treasurer or his…
       • § 3432 (a) The Attorney General shall defend the action. (b) The provisions of the Code of Civil Procedure relating to pleadings, proofs, trials, and appeals are…
       • § 3433 Failure to begin the action within the time specified in section 3430 is a bar to recovery of the charges. In any such action the court may render judgment for…
       • § 3434 (a) If the department determines between June 15, 2024, and March 1, 2025, that the estimate made pursuant to Section 3410 of the amount of money that will be…
   19. ARTICLE 8. Recommendation of Maximum Efficient Rates of Production §§ 3450–3451 · 2 sections

       • § 3450 The Legislature takes notice of the existence of the Conservation Committee of California Oil Producers and of the fact that said committee for a number of…
       • § 3451 “Maximum Efficient Rate,” commonly referred to as “MER,” is defined as the highest daily rate of production which can be sustained economically from a…
   20. ARTICLE 9. Used Oil Recycling Act §§ 3460–3473 · 8 sections

       • § 3460 (a) As used in this article: (1) “Used oil” has the same meaning as defined in subdivision (a) of Section 25250.1 of the Health and Safety Code. (2) “Recycle”…
       • § 3462 The Legislature finds that almost 100 million gallons of used automotive and industrial oil are generated each year in the state; that used oil is a valuable…
       • § 3463 It is the intent of the Legislature in enacting this article that used oil shall be collected and recycled to the maximum extent possible, by means which are…
       • § 3465 The board shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil in order to conserve…
       • § 3466 (a) The board shall prescribe guidelines for providing safe and conveniently located facilities for the deposit of used oil by persons possessing not more than…
       • § 3469 The board, and every state officer and employee, shall encourage the purchase of recycled oil products represented as substantially equivalent to products made…
       • § 3470 (a) All rules and regulations of the board shall be adopted, amended, and repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of…
       • § 3473 If any provision of this article or the application of it to any person or circumstance is held invalid, such invalidity shall not affect other provisions or…
2. CHAPTER 1.5. Used Oil Collection Demonstration Program §§ 3475–3494 · 21 sections

   1. ARTICLE 1. Short Title and Definitions §§ 3475–3479 · 7 sections

      • § 3475 This chapter shall be known and may be cited as the Used Oil Collection Demonstration Grant Program Act of 1990.
      • § 3476 The definitions in this article govern the construction of this chapter.
      • § 3477 “Administrative costs” means those costs directly associated with regulation of the implementation of a used oil collection project.
      • § 3477.1 “Board” means the California Integrated Waste Management Board.
      • § 3477.5 “Capital outlay” means those costs directly associated with the purchase of equipment necessary to implement a used oil collection project. The costs may…
      • § 3478 “Local agency” means a city, county, or city and county.
      • § 3479 “Used oil collection project” means a project undertaken by a local agency to encourage the collection, recycling, and proper disposal of used oil generated at…
   2. ARTICLE 2. Grants for Used Oil Collection Demonstration Projects §§ 3480–3490 · 11 sections

      • § 3480 (a) The board shall develop and administer a used oil grant program. The board shall adopt regulations for the administration of this chapter and make grant…
      • § 3481 The purpose of the used oil collection demonstration grant program is to encourage the establishment of public used oil collection projects and to provide…
      • § 3482 (a) A local agency shall not use more than 5 percent of any grant for administrative costs. (b) The board shall not use more than 10 percent of funds made…
      • § 3483 The board shall establish criteria for the granting of funds for used oil collection projects conducted by local agencies, including, but not limited to,…
      • § 3484 (a) Local agencies which have established public used oil curbside collection projects on or before January 1, 1991, are eligible for grants under this article…
      • § 3485 Grant funds shall be made available on a competitive basis to local agencies if requests for grants exceed available funds.
      • § 3485.5 The following criteria shall be used to evaluate grant applications: (a) The need for a used oil collection project within a jurisdiction. (b) The commitment…
      • § 3486 The board shall determine the contents of grant applications and the methods for evaluating the applications.
      • § 3487 The board shall evaluate each grant application for its potential to satisfy the requirements of this chapter and shall award the grant based on the…
      • § 3489 A local agency that establishes or otherwise expends grant funds provided pursuant to this chapter shall: (a) Comply with the requirements in the regulations…
      • § 3490 Storage containers, such as drums and tanks, used to store used oil shall be in good condition and shall meet any applicable design and construction standards.
   3. ARTICLE 3. Financing §§ 3491–3494 · 3 sections

      • § 3491 There is hereby created in the State Treasury the Used Oil Collection Demonstration Grant Fund. Notwithstanding Section 13340 of the Government Code, the money…
      • § 3492 (a) Notwithstanding Sections 13340 and 16361 of the Government Code, and to the extent permitted by federal law, the sum of one million dollars ($1,000,000) of…
      • § 3494 Funds transferred from the Petroleum Violation Escrow Account by this article shall be transferred by the Controller, subject to approval by the Director of…
3. CHAPTER 2. Wasting of Natural Gas §§ 3500–3503 · 4 sections

   • § 3500 All persons, firms, corporations, and associations are prohibited from wilfully permitting natural gas wastefully to escape into the atmosphere.
   • § 3501 Any person, firm, corporation, or association who digs, drills, excavates, constructs, or owns, or controls a well from which natural gas flows shall, upon the…
   • § 3502 Any person, firm, corporation, or association who wilfully violates any of the provisions of this chapter is guilty of a misdemeanor, punishable by a fine of…
   • § 3503 Each day during which natural gas is wilfully allowed wastefully or unnecessarily to escape into the atmosphere is a separate and distinct violation of this…
4. CHAPTER 3. Spacing of Wells and Community Leases §§ 3600–3609 · 14 sections

   • § 3600 Except as otherwise provided in this chapter, any well hereafter drilled for oil or gas, or hereafter drilled and permitted to produce oil or gas, which is…
   • § 3601 Where several contiguous parcels of land in one or different ownerships are operated as a single oil or gas lease or operating unit, the term “outer boundary…
   • § 3602 Where a parcel of land contains one acre or more, but is less than 250 feet in width, there may be drilled on the parcel of land not more than one well to each…
   • § 3602.1 Where a parcel of land contains one acre or more and the hydrocarbons to be developed are too heavy or viscous to produce by normal means, and the supervisor…
   • § 3602.2 In determining the area of parcels of land for the purposes of this chapter, the area of the oil and gas mineral estate shall be used exclusively.
   • § 3603 For the purposes of this chapter, an alley which intersects or lies within any block or other subdivision unit is not a public street or road.
   • § 3604 Each day in which the drilling of any well is carried on, or on which it is permitted to produce oil or gas in violation of this chapter is a separate nuisance.
   • § 3605 The provisions of this chapter do not apply to any field producing oil or gas on August 14, 1931.
   • § 3606 Notwithstanding any other provisions of this chapter, where a parcel of land contains one acre or more and where all or substantially all of the surface of…
   • § 3606.1 The 150-foot restriction in Sections 3600 and elsewhere in this chapter shall apply only to wells drilled and producing from the same zone or pool; provided,…
   • § 3607 The prohibition set forth in Section 3600 against drilling within 100 feet of any public street or highway shall not apply in the case of any street or highway…
   • § 3608 Where land aggregating less than one acre is surrounded by other lands, which other lands are subject to an oil and gas lease aggregating one acre or more, and…
   • § 3608.1 The owner or operator of any leasehold, into which land has been included under the provisions of Section 3608, shall cause to be recorded an appropriate…
   • § 3609 Notwithstanding any other provisions of this chapter, if the supervisor determines, pursuant to rules and regulations and after a public hearing, that the…
5. CHAPTER 3.5. Unit Operation §§ 3630–3690 · 41 sections

   1. ARTICLE 1. Declaration of Policy §§ 3630–3631 · 2 sections

      • § 3630 The Legislature hereby finds and declares that the management, development, and operation of lands as a unit for the production of oil and gas aids in…
      • § 3631 Nothing in this chapter shall be construed in such a manner as to conflict with the provisions of Article 2 (commencing with Section 6826) of Chapter 3 of Part…
   2. ARTICLE 2. Definitions §§ 3635–3637.3 · 14 sections

      • § 3635 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
      • § 3635.1 “Person” means any natural person, corporation, association, partnership, limited liability company, joint venture, receiver, trustee, executor, administrator,…
      • § 3635.2 “Land” means both surface and mineral rights.
      • § 3635.3 “Pool” means an underground reservoir containing, or appearing at the time of determination to contain, a common accumulation of crude petroleum oil or natural…
      • § 3635.4 “Field” means the same general surface area which is underlaid or reasonably appears to be underlaid by one or more pools.
      • § 3635.5 “Tracts of land” means land areas under separate ownership which are all of the following: (a) Contiguous either on the surface or in the subsurface. (b)…
      • § 3636 “Unit agreement” means and includes, in addition to the unit agreement entered into pursuant to the provisions of Article 3 (commencing with Section 3640) of…
      • § 3636.1 “Unit area” means all lands included within an area subject to a unit agreement entered into pursuant to the provisions of Article 3 (commencing with Section…
      • § 3636.2 “Unit production” means all oil, gas, and other hydrocarbon substances produced from a unit area from the effective date of a unit agreement approved by the…
      • § 3636.3 “Unit operator” means the person or persons designated by the working interest owners as operator or operators of the unit area.
      • § 3637 “Working interest” means an interest held in lands by virtue of fee title, including lands held in trust, a lease, operating agreement, or otherwise, under…
      • § 3637.1 “Working interest owner” means a person owning a working interest.
      • § 3637.2 “Royalty interest” means a right to or interest in oil and gas produced from any lands or in the proceeds of the first sale thereof other than a working…
      • § 3637.3 “Royalty interest owner” means a person owning a royalty interest.
   3. ARTICLE 3. Unit Agreements §§ 3640–3659 · 21 sections

      • § 3640 Tracts of land may be unitized as provided in this article to provide for the management, development, and operation thereof as a unit to prevent, or to assist…
      • § 3641 An agreement for the management, development, and operation of two or more tracts of land in the same field or in the same producing or prospective pool as a…
      • § 3642 Any proposed agreement for unit operation of tracts of land which has been consented to by persons who own title to working interests which aggregate at least…
      • § 3643 The unit agreement shall be approved, if, after a public hearing, the supervisor finds all of the following: (a) The unit area of the proposed agreement for…
      • § 3644 A tract of land’s fair, equitable, and reasonable share of the unit production shall be measured by the value of such tract for oil and gas purposes and its…
      • § 3645 Upon giving his approval to the unit agreement pursuant to Section 3643, the supervisor shall issue an order directing unit operations of the unit area in…
      • § 3646 The supervisor’s order shall include fair and reasonable provisions for all of the following: (a) The date when all tracts of land not theretofore committed to…
      • § 3647 The owner of any working interest or royalty interest in a tract which is the subject of a unit agreement who did not consent to the proposed unit agreement…
      • § 3648 Any unit agreement approved by the supervisor shall contain a provision under which a party whose surface land is being utilized for the benefit of the unit…
      • § 3649 Any proposed modification of an approved unit agreement shall be submitted by the unit operator to the supervisor for his review and approval. No modification…
      • § 3650 If at any time after the entry of an order of unitization issued pursuant to Section 3645, it develops that all or a portion of a further tract or tracts of…
      • § 3651 The supervisor shall issue his order that such further tract or tracts of land insofar as they contain the pool or pools, or portions thereof, and the…
      • § 3652 The supervisor’s order issued pursuant to Section 3651 shall contain a fair basis for allocating production to such further tract or tracts of land and make…
      • § 3653 Any disagreement with respect to the unit operation between persons owning any interest in the pool or pools, or portions thereof, subject to the unit…
      • § 3653.5 A petition requesting approval of a unit agreement and each copy thereof shall contain or have attached to it: (a) A request that the supervisor approve the…
      • § 3654 Any and all decisions or determinations made by the supervisor under the provisions of this chapter shall be appealable to any court of competent jurisdiction…
      • § 3655 The three-fourths interests referred to in Sections 3642, 3649, and 3651 shall be determined as follows: (a) A total value, composed of the combined value of…
      • § 3656 No unit agreement approved by the supervisor pursuant to the provisions of this chapter shall effect or result in, or be construed to effect or result in, the…
      • § 3657 Operations incident to the drilling, producing, or operating of a well or wells on any portion of a unit area under a unit agreement approved by the supervisor…
      • § 3658 Any order of the supervisor issued pursuant to this article shall, from and after its effective date, be effective as to, and be binding upon, each person…
      • § 3659 Prior to any public hearing held by the supervisor pursuant to this chapter, the supervisor shall give reasonable written notice of the hearing to all persons…
   4. ARTICLE 4. Liens §§ 3680–3681 · 2 sections

      • § 3680 A person to whom another is indebted for expenses incurred in carrying on unit operations may, in order to secure payment of the amount due, fix a lien upon…
      • § 3681 The lien shall be a first lien on the production and otherwise shall be of the same nature and subject to foreclosure in the same manner and within the same…
   5. ARTICLE 5. Regulations § 3685 · 1 section

      • § 3685 Within three months after the effective date of this chapter, the supervisor shall, after one or more public hearings, adopt regulations governing the…
   6. ARTICLE 6. Preemption § 3690 · 1 section

      • § 3690 This chapter shall not be deemed a preemption by the state of any existing right of cities and counties to enact and enforce laws and regulations regulating…
6. CHAPTER 4. Geothermal Resources §§ 3700–3776 · 94 sections

   • § 3700 It is hereby found and determined that the people of the State of California have a direct and primary interest in the development of geothermal resources, and…
   • § 3701 For the purposes of this chapter, “geothermal resources” shall mean geothermal resources as defined in Section 6903 of this code.
   • § 3702 For the purposes of this chapter, “geothermal resources area” means the same general surface area which is underlaid, or reasonably appears to be underlaid, by…
   • § 3703 “Well” means any well for the discovery of geothermal resources or any well on lands producing geothermal resources or reasonably presumed to contain…
   • § 3703.1 “Low-temperature geothermal resources” are fluids that have value by virtue of the heat contained therein and have a temperature that is not more than the…
   • § 3704 “Department”, in reference to the government of this state, means the Department of Conservation.
   • § 3705 “Division,” in reference to the government of this state, means the Geologic Energy Management Division in the Department of Conservation.
   • § 3706 “Director” means the Director of Conservation.
   • § 3707 “Supervisor” means the State Oil and Gas Supervisor.
   • § 3708 “Person” includes any individual, firm, association, corporation, or any other group or combination acting as a unit.
   • § 3709 “Operator” means any person drilling, maintaining, operating, pumping, or in control of any well.
   • § 3710 “Owner” includes “operator” when any well is operated or has been operated or is about to be operated by any person other than the owner.
   • § 3711 “Operator” includes “owner” when any well is or has been or is about to be operated by or under the direction of the owner.
   • § 3712 This chapter shall be liberally construed to meet its purposes, and the director and the supervisor, acting with the approval of the director, shall have all…
   • § 3714 The State Oil and Gas Supervisor shall so supervise the drilling, operation, maintenance and abandonment of geothermal resources wells as to encourage the…
   • § 3714.5 The supervisor, pursuant to regulation, shall designate geothermal resources areas and may exclude from the operation of this chapter certain wells within such…
   • § 3715 The supervisor shall also supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of such wells to…
   • § 3715.5 (a) For the purposes of the California Environmental Quality Act (commencing with Section 21000), the division shall be the lead agency as defined in Section…
   • § 3716 The district deputy in each district shall collect all information regarding the wells in the district necessary for the proper supervision of the wells. The…
   • § 3717 Upon request, the supervisor shall notify the Department of Fish and Game and the California regional water quality control board in the area affected of the…
   • § 3718 Nothing in this chapter shall be construed as superseding any of the provisions of Division 7 (commencing with Section 13000) of the Water Code or Division 6…
   • § 3719 The supervisor shall publish any publications, reports, maps, statistical data or other printed matter relating to geothermal resources, for which there may be…
   • § 3720 For the purposes of this chapter, the state may be divided into one or more districts, the boundaries of which shall be fixed by the director.
   • § 3721 Every owner or operator of any well shall designate an agent, giving his or her address, who resides in this state, to receive and accept all orders, notices,…
   • § 3722 The owner or operator of any well shall notify the supervisor or the district deputy, in writing, in such form as the supervisor or the district deputy may…
   • § 3723 Every person who acquires the ownership or operation of any well, whether by purchase, transfer, assignment, conveyance, exchange, or otherwise, shall, within…
   • § 3723.5 Any person who acquires the ownership or operation of any well or wells, whether by purchase, transfer, assignment, conveyance, exchange, or otherwise, shall,…
   • § 3724 The owner or operator of any well, before commencing the original drilling of a well or the redrilling of an abandoned well, shall file with the supervisor or…
   • § 3724.1 An owner or operator may submit to the supervisor for approval a written program to drill a shallow well or wells for temperature-gradient monitoring purposes.…
   • § 3724.2 If, after study by the supervisor, it is determined that one or all of the wells proposed pursuant to Section 3724.1 require additional supervision, the…
   • § 3724.3 Drilling of program wells, as described in Section 3724.1, shall not commence until approval is given by the supervisor or the district deputy. If the…
   • § 3724.32 When an operator fails to pay a civil penalty imposed pursuant to Section 3754.5, comply with an order of the supervisor issued pursuant to this chapter, or…
   • § 3724.35 The supervisor may adopt regulations governing intermediate and deep wells drilled for temperature-gradient monitoring purposes. The regulations may specify…
   • § 3724.4 The proposal, and all other data submitted as required by Sections 3724.1, 3724.2, and 3724.3, shall be maintained in a confidential status as provided for in…
   • § 3724.5 To provide funds for the supervision of geothermal resource wells, the supervisor shall establish an annual well fee, and penalties for late payment, to be…
   • § 3724.6 The permit application fees established in Sections 3724 and 3724.1 shall be made payable by the operator to the Department of Conservation, and the annual…
   • § 3725 Every person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of any well, except a low-temperature geothermal well, shall file…
   • § 3725.5 Any person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of any low-temperature well, as defined in Section 3703.1, shall file…
   • § 3726 Any person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of one or more wells at any time, may file with the supervisor one…
   • § 3728 Any individual or blanket indemnity bond issued in compliance with this chapter may, with the consent of the supervisor, be terminated and canceled and the…
   • § 3728.5 In lieu of the bond required by Sections 3723.5, 3725, 3725.5, and 3726, a deposit may, with the written approval of the supervisor, be given pursuant to…
   • § 3729 For the purposes of Section 3728, a well is properly abandoned when it has been shown to the satisfaction of the supervisor that all proper steps have been…
   • § 3730 The owner or operator of any well shall keep, or cause to be kept, a careful and accurate log, core record, and history of the drilling of the well.
   • § 3731 The log shall show the character and depth of the formation passed through or encountered in the drilling of the well, the amount, size and weight of casing…
   • § 3732 The core record shall show the depth, character, and fluid content of cores obtained, so far as determined.
   • § 3733 The history shall show the location and amount of sidetracked casings, tools, or other material, the depth and quantity of cement in cement plugs, the shots of…
   • § 3734 The log shall be kept in the local office of the owner or operator and, together with the tour reports of the owner or operator, shall be subject, during…
   • § 3735 Upon the completion or abandonment of any well or upon the suspension of operations upon any well, true copies of the log, core record, history, and, if made,…
   • § 3736 The owner or operator of any well, or his local agent, shall file with the supervisor a copy of the log, history, and core record, or any portion thereof, at…
   • § 3737 A well is completed, for the purposes of this chapter, 30 days after it has commenced to produce a geothermal resource unless drilling operations are resumed…
   • § 3739 Any person engaged in operating any wells wherein high pressures are known to exist, and any person drilling for geothermal resources in any district where the…
   • § 3740 The owner or operator of any well on lands producing or reasonably presumed to contain geothermal resources shall properly case it with watertight and adequate…
   • § 3741 The supervisor shall require such tests or remedial work as in his judgment are necessary to prevent damage to life, health, property, and natural resources,…
   • § 3742.2 Any person having drilled a well or wells on state, federal or private lands which are producing or, according to the supervisor, are capable of producing…
   • § 3743 (a) An order of the supervisor or a district deputy issued pursuant to this chapter shall provide a clear and concise recitation of the acts or omissions with…
   • § 3744 (a) Within 30 days from the date of service of an order made pursuant to Section 3743, or if there has been an appeal from the order to the director, within 30…
   • § 3745 The owner of any well producing geothermal resources or injecting fluids associated with geothermal operations shall file with the supervisor, on or before the…
   • § 3746 Before abandoning any well in accordance with methods approved by the supervisor or the district deputy, and under his direction, the owner or operator shall…
   • § 3747 Before any work is commenced to abandon any well, the owner or operator shall give written notice to the supervisor or the district deputy of the owner’s or…
   • § 3748 The supervisor, or the district deputy, shall before the proposed date of commencing work to abandon such well, furnish to the owner or operator either: (a) A…
   • § 3749 If the supervisor or the district deputy fails to give the owner or operator a written report or request within the specified time, such failure shall be…
   • § 3750 Within 60 days after the completion of abandonment of any well, the owner or operator of the well shall make, in such form as the supervisor or the district…
   • § 3751 No person, whether as principal, agent, servant, employee, or otherwise, shall remove the casing or any portion thereof, from any well without first giving…
   • § 3752 (a) (1) Except as otherwise provided in this section, all the well records, including production records, of an owner or operator that are filed pursuant to…
   • § 3753 Upon receipt by the supervisor or by a district deputy of a written complaint, alleging a condition in violation of this chapter, specifically setting forth…
   • § 3754 Any owner or operator, or employee thereof, who refuses to permit the supervisor or the district deputy, or his or her inspector, to inspect a well or…
   • § 3754.5 (a) Any person who violates this chapter or any regulation implementing this chapter is subject to a civil penalty not to exceed five thousand dollars ($5,000)…
   • § 3755 The supervisor or his deputy may order the abandonment of any well that has been deserted whether or not any damage is occurring or threatened by reason of…
   • § 3756 Whenever the supervisor finds that it is in the interest of the protection of geothermal resources from unreasonable waste, the lessors, lessees, operators, or…
   • § 3757 Any well hereafter drilled for the discovery and production of geothermal resources, which is located within 100 feet of an outer boundary of the parcel of…
   • § 3757.1 Notwithstanding any other provisions of this chapter, where a parcel of land contains one acre or more and all or substantially all of the surface is…
   • § 3757.2 For the purpose of developing low-temperature geothermal resources, the supervisor may approve the exemption of any low-temperature geothermal well from…
   • § 3758 Where several contiguous parcels of land in one or different ownerships are operated as a single geothermal resources lease or operating unit, the term “outer…
   • § 3759 For the purpose of this chapter, an alley which intersects or lies within any block or other subdivision unit is not a public street or road.
   • § 3760 Each day in which the drilling of any well is carried on, or on which it is permitted to produce geothermal resources in violation of this chapter is a…
   • § 3761 The provisions regarding the location of geothermal resources wells do not apply to any wells producing geothermal resources on the effective date of this act.
   • § 3762 (a) The operator of a well to whom the supervisor or district deputy has issued an order pursuant to this chapter may file a notice of appeal to the director…
   • § 3763 (a) A hearing shall be provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code only in…
   • § 3764 (a) A hearing conducted by the director shall adhere to the following: (1) When an order is not issued as an emergency order, within 30 days from the date of…
   • § 3765 (a) Within 30 days after the close of a hearing conducted by the director, the director shall issue a written decision affirming, setting aside, or modifying…
   • § 3766 (a) Following a hearing conducted by the director pursuant to Sections 3764 and 3765 or subdivision (b) of Section 3762, the operator may obtain judicial…
   • § 3767 When an operator seeks judicial review of a decision of the director, including a decision following a hearing conducted in accordance with Chapter 5…
   • § 3768 If the operator does not appeal an order, if the operator does not timely seek judicial review of a decision affirming or modifying an order within the time…
   • § 3769 In any proceeding instituted by the supervisor for the purpose of enforcing or carrying out the provisions of this chapter, or for the purpose of holding an…
   • § 3770 Witnesses shall be entitled to receive the fees and mileage fixed by law in civil causes, payable from the Oil, Gas, and Geothermal Administrative Fund.
   • § 3771 In case of the failure or neglect on the part of any person to comply with any order of the supervisor or the director, or any subpoena, or upon the refusal of…
   • § 3772 (a) If any person fails to pay any charge or penalty imposed under this chapter at the time that it becomes due and payable, the amount thereof, including…
   • § 3772.2 A warrant may be issued by the Controller or his or her duly authorized representative for the collection of any charges, interests and penalty and for the…
   • § 3772.4 The sheriff shall receive, upon the completion of his or her services pursuant to a warrant, and the Controller is authorized to pay to him or her the same…
   • § 3772.6 In the event that the lien of the charges, penalties or interest attaches to real property from which geothermal energy is extracted and more than one parcel…
   • § 3773 The Controller shall, on or before the 90th day following the delinquency of any charge, bring an action in the name of the people of the state, in the county…
   • § 3774 The Attorney General shall commence and prosecute any such action to final judgment.
   • § 3775 In such actions the record of charges, or a copy of so much thereof as is applicable, duly certified by the Controller, showing unpaid charges against any…
   • § 3776 Payment of the penalties and charges, or the amount of the judgment recovered in the action, shall be made to the State Treasurer, and shall be returned and…
7. CHAPTER 5. Oil Sumps §§ 3780–3787 · 8 sections

   • § 3780 As used in this chapter, an “oil sump” is any open depression or basin in the ground, whether manmade or natural, which contains oil or a combination of oil…
   • § 3781 The Legislature hereby finds and declares that it is essential in order to protect the wildlife resources of California that all hazardous exposed oil sumps in…
   • § 3782 The supervisor shall promulgate rules and regulations for the adequate screening of oil sumps to protect wildlife and shall order the closure of any oil and…
   • § 3783 Whenever the supervisor receives notification from the Department of Fish and Game pursuant to subdivision (a) of Section 1016 of the Fish and Game Code that…
   • § 3784 Whenever the supervisor receives notification from the Department of Fish and Game pursuant to subdivision (b) of Section 1016 of the Fish and Game Code that…
   • § 3784.5 Extension of the 10-day period specified in Section 3784 may be granted only in cases where the supervisor and the Department of Fish and Game have determined…
   • § 3785 The supervisor and the Department of Fish and Game shall develop a joint program to coordinate their respective responsibilities under this chapter and Section…
   • § 3787 No provision of this chapter shall be construed as a limitation on the authority and responsibilities of the supervisor with respect to the enforcement or…
8. CHAPTER 6. Disposition of Geothermal Revenues §§ 3800–3827 · 19 sections

   1. ARTICLE 1. Purpose § 3800 · 1 section

      • § 3800 The purpose of this chapter is to provide for the allocation of revenues distributed to the state pursuant to Section 35 of the Mineral Lands Leasing Act of…
   2. ARTICLE 2. Definitions §§ 3805–3810 · 7 sections

      • § 3805 The definitions set forth in this article shall govern the construction of this chapter.
      • § 3805.5 “Commission” means the State Energy Resources Conservation and Development Commission.
      • § 3806 “County of origin” means any county in which the United States has leased lands for geothermal development.
      • § 3807 “Local jurisdiction” means any unit of Indian government, any city, county, or district, including, but not limited to, a regional planning agency and a public…
      • § 3808 “Geothermal resources” means geothermal resources designated by the United States Geological Survey or the Department of Conservation, or by both. The…
      • § 3809 “Private entity” means any individual or organization engaged in the exploration and development of geothermal energy for profit.
      • § 3810 (a) (1) “Award repayment or program reimbursement agreement,” including a “royalty agreement,” as specified in subdivision (b), means a method used at the…
   3. ARTICLE 3. Allocation and Use of Revenues §§ 3820–3827 · 11 sections

      • § 3820 (a) The Geothermal Resources Development Account is hereby created in the General Fund. (b) All revenues received by the state pursuant to Section 35 of the…
      • § 3821 (a) Upon receipt and deposit of revenues in the Geothermal Resources Development Account, 40 percent of the revenues derived from the sale of a lease, and any…
      • § 3822 (a) Thirty percent of the revenues received and deposited in the Geothermal Resources Development Account shall be available for expenditure by the commission…
      • § 3822.1 Notwithstanding any other provision of law, commencing with the 1984–85 fiscal year and in each fiscal year thereafter, any revenues not granted pursuant to…
      • § 3822.2 (a) Notwithstanding any other provision of law, the State Energy Resources Conservation and Development Commission may expend funds, from that portion of the…
      • § 3823 Revenues disbursed to counties of origin pursuant to Section 3821 and grants or loans made to local jurisdictions or private entities pursuant to Section 3822…
      • § 3824 Subject to the requirements of Section 3824.5, revenues disbursed to counties of origin pursuant to Section 3821 may be expended for the repair and maintenance…
      • § 3824.5 Revenues disbursed to counties of origin pursuant to Section 3821 may be expended for purposes unrelated to geothermal development only in counties where there…
      • § 3825 Thirty percent of the revenues received and deposited in the Geothermal Resources Development Account shall, upon receipt by the Controller, be transferred to…
      • § 3826 For all lands of the United States which are received by the State Lands Commission as indemnity lands pursuant to Section 851 of Title 43 of the United States…
      • § 3827 If federal geothermal lease lands are transferred to the state for any reason, the lease revenues shall continue to be deposited into the accounts specified…
9. CHAPTER 7. Methane Gas Hazards Reduction §§ 3850–3865 · 10 sections

   1. ARTICLE 1. General Provisions §§ 3850–3853 · 4 sections

      • § 3850 This chapter shall be known and may be cited as the Methane Gas Hazards Reduction Act.
      • § 3851 The Legislature finds and declares that methane gas hazards, as identified in the study conducted pursuant to Chapter 4.1 (commencing with Section 3240) of…
      • § 3852 The Legislature further finds and declares that, due to the cost and complexity of methane hazard mitigations, property owners and local governments are often…
      • § 3853 The Legislature further finds and declares, therefore, that it is essential that the state, in cooperation with local governments, provide funds to mitigate…
   2. ARTICLE 2. Definitions § 3855 · 1 section

      • § 3855 As used in this chapter: (a) “Methane gas hazards” means collections of biogenic or thermogenic gases identified as hazards in the study conducted by the…
   3. ARTICLE 3. Methane Gas Hazards Reduction Assistance §§ 3860–3863 · 4 sections

      • § 3860 The director may award grants to eligible jurisdictions for purposes of planning, equipment purchases, installation, and other measures related to the…
      • § 3861 Prior to receiving grants under this chapter, each eligible jurisdiction shall submit a report to the director describing how the funds are to be expended.…
      • § 3862 Prior to receiving any grants pursuant to this chapter, an eligible jurisdiction shall do all of the following: (a) Implement a zoning ordinance for areas…
      • § 3863 The department shall adopt rules and regulations implementing the grant program authorized by this chapter.
   4. ARTICLE 4. Methane Gas Hazard Reduction Account § 3865 · 1 section

      • § 3865 The Methane Gas Hazard Reduction Account in the General Fund is hereby created. The moneys in the account shall be available for purposes of this chapter upon…