Section § 3100

Explanation

This law allows the state to be divided into districts, whose number and boundaries can be changed by the director and supervisor to manage tasks efficiently. They must seek public opinion before making any changes to these districts.

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 supervisor shall have the authority to redefine the districts as needed to ensure the efficient administration of this chapter. The director and the supervisor shall solicit public input before revising the districts.

Section § 3101

Explanation

This law requires a supervisor to appoint a chief deputy and at least one district deputy for each district mentioned in the chapter, and outline their responsibilities.

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 their duties.

Section § 3103

Explanation

This law requires that the chief deputy must be a qualified engineer or geologist. Ideally, this person should hold a state license and have experience in oil and gas development and production.

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.

Section § 3104

Explanation

This law requires that each district deputy must be a skilled engineer or geologist with experience in oil and gas development. Ideally, they should be licensed in the state.

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 gas.

Section § 3105

Explanation

This law allows for an office to be established in each district, under the supervision of a district deputy, to assist oil and gas operators. The office should be easy for these operators to access.

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 operators in the district.

Section § 3106

Explanation

This law states that a supervisor is responsible for overseeing the complete process related to oil and gas wells. This includes drilling, operating, maintaining, and abandoning wells, as well as handling tanks and related facilities. Their role is to prevent damage to life, health, property, and natural resources and avoid pollution of water sources.

The supervisor enables oil operators to use industry methods that maximize oil and gas extraction, provided these methods are approved. The law also offers guidelines on how lessees and operators can reasonably explore and extract hydrocarbons.

Additionally, the supervisor can require operators to set up systems to monitor and detect any spills or leaks into soil and water. The overall goal is to wisely develop oil and gas resources in a way that meets the state's needs while minimizing waste and environmental damage.

(a)CA Public Resources Code § 3106(a) The supervisor shall so supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production, including pipelines not subject to regulation pursuant to Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code that are within an oil and gas field, so as to prevent, as far as possible, damage to life, health, property, and natural resources; damage to underground oil and gas deposits from infiltrating water and other causes; loss of oil, gas, or reservoir energy, and damage to underground and surface waters suitable for irrigation or domestic purposes by the infiltration of, or the addition of, detrimental substances.
(b)CA Public Resources Code § 3106(b) The supervisor shall also supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of the wells to utilize all methods and practices known to the oil industry for the purpose of increasing the ultimate recovery of underground hydrocarbons and which, in the opinion of the supervisor, are suitable for this purpose in each proposed case. To further the elimination of waste by increasing the recovery of underground hydrocarbons, it is hereby declared as a policy of this state that the grant in an oil and gas lease or contract to a lessee or operator of the right or power, in substance, to explore for and remove all hydrocarbons from any lands in the state, in the absence of an express provision to the contrary contained in the lease or contract, is deemed to allow the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to do what a prudent operator using reasonable diligence would do, having in mind the best interests of the lessor, lessee, and the state in producing and removing hydrocarbons, including, but not limited to, the injection of air, gas, water, or other fluids into the productive strata, the application of pressure heat or other means for the reduction of viscosity of the hydrocarbons, the supplying of additional motive force, or the creating of enlarged or new channels for the underground movement of hydrocarbons into production wells, when these methods or processes employed have been approved by the supervisor, except that nothing contained in this section imposes a legal duty upon the lessee or contractor, or the lessee’s or contractor’s successors or assigns, to conduct these operations.
(c)CA Public Resources Code § 3106(c) The supervisor may require an operator to implement a monitoring program, designed to detect releases to the soil and water, including both groundwater and surface water, for aboveground oil production tanks and facilities.
(d)CA Public Resources Code § 3106(d) To best meet oil and gas needs in this state, the supervisor shall administer this division so as to encourage the wise development of oil and gas resources.

Section § 3106.1

Explanation

This law allows local governments in California, such as cities or counties, to implement their own rules or bans on oil and gas operations within their boundaries. These local regulations can go beyond state laws if they provide better protection for public health, the environment, or the climate.

If local authorities impose such regulations, oil and gas companies must take responsibility for properly closing and decommissioning their wells and facilities. A local entity is defined as any city or county, including those with special charters.

(a)CA Public Resources Code § 3106.1(a) Notwithstanding any other law, and notwithstanding any notice of intention, supplemental notice, well stimulation treatment permit, or similar authorization issued by the supervisor or district deputy, a local entity may, by ordinance, prohibit oil and gas operations or development in its jurisdiction or impose regulations, limits, or prohibitions on oil and gas operations or development that are more protective of public health, the climate, or the environment than those prescribed by a state law, regulation, or order. These limitations or prohibitions may include, but are not limited to, limitations or prohibitions related to the methods of oil and gas operations or development and the locations of oil and gas operations or development.
(b)CA Public Resources Code § 3106.1(b) If a local entity limits or prohibits oil and gas operations or development of an owner or operator pursuant to subdivision (a), the owner or operator shall be responsible for plugging and abandoning its wells, decommissioning attendant production facilities, and related measures, pursuant to the rules of this division.
(c)CA Public Resources Code § 3106.1(c) For purposes of this section, “local entity” means a city, county, or city and county, including a charter city, county, and city and county.

Section § 3106.5

Explanation

This law allows the supervisor, with approval from the director, to spend up to $10,000 each year from the division's budget to support activities at the West Kern Oil Museum.

Acting with the approval of the director, the supervisor may annually expend, from the amount appropriated to the division, up to ten thousand dollars ($10,000) to support activities at the West Kern Oil Museum.

Section § 3107

Explanation

The district deputy in each area, chosen by the supervisor, is responsible for gathering information about oil and gas wells to identify where oil, gas, and water-bearing layers are located. Their job includes creating maps and tools to determine the presence of these resources and advising operators on the best ways to protect them, especially concerning irrigation and domestic use water. They also assist the supervisor with decisions on tests or repairs for wells. All this information is stored at the district deputy's office.

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 a view to determining the presence of oil and gas sands and the location and extent of strata bearing water suitable for irrigation or domestic purposes that might be affected. The district deputy shall prepare maps and other accessories necessary to determine the presence of oil and gas sands and the location and extent of strata bearing water suitable for irrigation or domestic purposes or surface water suitable for those purposes. This work shall be done with the view to advising the operators as to the best means of protecting the oil and gas sands and the water-bearing strata and surface water, and with a view to aiding the supervisor in ordering tests or repair work at wells. All this data shall be kept on file in the office of the district deputy of the respective district.

Section § 3108

Explanation

Each year by October 1st, the supervisor must publish a report for public benefit. This report must list several key items: the total oil and gas production in each California county for the past year, the total costs for the division including any funds from the General Fund for well and facility cleanup, and the total amount of unpaid assessments or charges. The report can also include any other relevant information the supervisor thinks is helpful.

(a)CA Public Resources Code § 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 showing:
(1)CA Public Resources Code § 3108(a)(1) The total amounts of oil and gas produced in each county in the state during the previous calendar year.
(2)CA Public Resources Code § 3108(a)(2) The total cost of the division for the previous fiscal year, including an accounting of any General Fund moneys appropriated and used for plugging and abandonment of wells, decommissioning of facilities, and site remediation, or appropriated and used to facilitate those activities.
(3)CA Public Resources Code § 3108(a)(3) The total amount delinquent and uncollected from any assessments or charges levied pursuant to this chapter.
(b)CA Public Resources Code § 3108(b) The report shall also include such other information as the supervisor deems advisable.

Section § 3108.5

Explanation

This law requires that by July 1, 2026, the division supervisor must make public information such as well records, logs, and reports available online, except those marked confidential under another section. These records should be organized by well, operator, or project and easy to search. By July 1, 2024, notices of violation and orders must also be online.

The division should consistently improve access to these materials, prioritizing well information and documents for non-abandoned wells. Starting July 1, 2023, an annual update on progress is required to be given to California natural resources legislative committees until July 1, 2027.

(a)Copy CA Public Resources Code § 3108.5(a)
(1)Copy CA Public Resources Code § 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 records, well logs, notices of intention, supplementary notices, field reports, inspection reports, correspondence, and other materials, readily available to the public on the division’s internet website, except well records required to be held as confidential information pursuant to Section 3234. All online materials shall be organized by well, operator, or project, and searchable.
(2)CA Public Resources Code § 3108.5(a)(2) On or before July 1, 2024, the supervisor shall make all notices of violation and orders of the supervisor readily available to the public on the division’s internet website.
(b)CA Public Resources Code § 3108.5(b) The supervisor shall make continuous progress towards meeting the requirements of subdivision (a) and the materials readily available to the public online shall steadily increase. Priority shall be given to public information regarding well records, well logs, notices of intention, notices of violation, supplementary notices, field reports, inspection reports, and correspondence previously available on the division’s internet website and documents associated with wells that have not been plugged and abandoned.
(c)Copy CA Public Resources Code § 3108.5(c)
(1)Copy CA Public Resources Code § 3108.5(c)(1) The supervisor shall, commencing July 1, 2023, provide an annual update to the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Water on progress made toward meeting the requirements of subdivision (a).
(2)CA Public Resources Code § 3108.5(c)(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on July 1, 2027, pursuant to Section 10231.5 of the Government Code.

Section § 3109

Explanation

The law allows the supervisor to create and distribute materials like publications and maps about oil and gas if people want them. If these materials are sold, the money made goes into a special fund for oil and gas administration.

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 publications, reports, maps, or other printed matter are sold, they shall be sold at cost, and the proceeds shall be deposited to the credit of the Oil, Gas, and Geothermal Administrative Fund.

Section § 3110

Explanation

This law states that any money received by the Treasurer as per Article 7, starting with Section 3400, must be placed into the Oil, Gas, and Geothermal Administrative Fund. This fund is created within the State Treasury and the money will be used as outlined in Section 3401.

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 Administrative Fund, which is hereby established in the State Treasury, for expenditure as provided in Section 3401.

Section § 3111

Explanation

This law specifies that any money received from repayment for repair work on oil, gas, and geothermal projects should go back into the Oil, Gas, and Geothermal Administrative Fund. Any other revenue from these wells or properties acquired during related work also needs to be placed in this fund. This money is then used according to rules laid out in another section, Section 3401.

(a)CA Public Resources Code § 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 Administrative Fund for expenditure as provided in Section 3401.
(b)CA Public Resources Code § 3111(b) All miscellaneous revenues from oil and gas wells and from real and personal property acquired by the supervisor in the course of carrying out this chapter shall be credited to the Oil, Gas, and Geothermal Administrative Fund for expenditure as provided in Section 3401.

Section § 3112

Explanation

Starting from January 1, 1980, certain standards for building construction can't be adopted or made public by the Division of Oil and Gas unless specific rules listed in the Health and Safety Code are followed. If these conditions aren't met, the standard isn’t valid. Standards made before 1980 will only stay valid until they are either changed or included in the State Building Standards Code, and this must happen by January 1, 1985, at the latest.

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) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the supervisor or the Division of Oil and Gas shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

Section § 3113

Explanation

This section requires the division to prepare a yearly report for the Legislature about operations they witness, both in person and remotely. It includes details about the type and number of operations that must or may be witnessed ('shall-witness' and 'may-witness') and emphasizes operations on 'critical wells'.

The division is allowed to witness some operations remotely, but this flexibility will end on January 1, 2028. The supervisor can only authorize remote witnessing on a case-by-case basis and must provide written guidance and maintain public records of such authorizations.

There are strong preferences for in-person witnessing, especially for operations critical to public and environmental safety. Definitions of key terms, like 'critical well', 'may-witness', and 'shall-witness', are provided, alongside a description of remote witnessing methods.

(a)CA Public Resources Code § 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 transmit to the Legislature a report of all of the following information statewide and by district:
(1)CA Public Resources Code § 3113(a)(1) The number of shall-witness and may-witness operations performed. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.
(2)CA Public Resources Code § 3113(a)(2) The number of shall-witness and may-witness operations performed that were witnessed by the division in person. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.
(3)CA Public Resources Code § 3113(a)(3) The number of shall witness and may-witness operations performed where division personnel did not witness the operations in person and witnessed the operations remotely. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.
(4)CA Public Resources Code § 3113(a)(4) The number of shall-witness and may-witness operations performed on critical wells. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.
(5)CA Public Resources Code § 3113(a)(5) The number of shall-witness and may-witness operations performed on critical wells that were witnessed by the division in person. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.
(6)CA Public Resources Code § 3113(a)(6) The number of shall-witness and may-witness operations performed on critical wells where division personnel did not witness the operations in person and witnessed the operations remotely. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.
(7)CA Public Resources Code § 3113(a)(7) A complete list of all shall-witness operations where division personnel did not witness the operations in person and witnessed the operations remotely. Information about each operation, including, but not limited to, the type of operation, the date, location, API number, and district, shall be included. The division shall maintain a written justification for each remote witnessing of shall-witness operations and provide it upon request.
(b)Copy CA Public Resources Code § 3113(b)
(1)Copy CA Public Resources Code § 3113(b)(1) The division is authorized to witness may-witness operations remotely. The division shall prioritize witnessing of may-witness operations in person to the maximum extent possible.
(2)CA Public Resources Code § 3113(b)(2) This subdivision shall become inoperative on January 1, 2028.
(c)CA Public Resources Code § 3113(c) The supervisor may, only in writing and only on a case-by-case basis, authorize division personnel to witness shall-witness operations remotely. The supervisor shall not delegate the authority to approve witnessing of these shall-witness operations remotely. All written authorizations for division personnel to witness shall-witness operations remotely shall be maintained and available to the public upon request.
(d)CA Public Resources Code § 3113(d) The supervisor shall not set any positive numerical quotas for division personnel to witness operations remotely. The supervisor shall not provide a blanket authorization for remote witnessing of shall-witness operations. The supervisor shall provide written guidance to division personnel on minimum standards for remote witnessing of shall-witness and may-witness operations.
(e)CA Public Resources Code § 3113(e) For purposes of this section, the following terms have the following meanings:
(1)CA Public Resources Code § 3113(e)(1) “Critical well” has the same meaning as in Section 1720 of Title 14 of the California Code of Regulations, or a successor regulation.
(2)CA Public Resources Code § 3113(e)(2) “May-witness” means an operation performed that by law the division is authorized to witness.
(3)CA Public Resources Code § 3113(e)(3) “Shall-witness” means an operation performed that by law the division is required to witness.
(4)CA Public Resources Code § 3113(e)(4) “Witnessed by the division in person” means the operation is witnessed by division personnel who were physically present at the location when the operation was performed.
(5)CA Public Resources Code § 3113(e)(5) “Witnessed the operations remotely” or “witness the operations remotely” or “witnessing the operations remotely” means the viewing or reviewing of video, livestream, photographic, or other materials or evidence of the conduct of the operation during or after the operation was conducted without the division personnel being physically present at the location when the operation was performed.
(f)CA Public Resources Code § 3113(f) It is the policy of the state that division personnel witness operations in person that are critical to ensuring public and environmental health and safety, that the presence of division personnel in the field to regularly observe operations under the division’s jurisdiction is of utmost importance, and that division staffing levels be set and maintained to ensure this policy is met.

Section § 3114

Explanation

This law requires the California Department of Conservation to report annually to the state legislature about the Underground Injection Control Program. The report, created in consultation with the State Water Resources Control Board, includes details about the past year's activities like the number and location of project approvals, the average time for application reviews, pending projects, and any identified violations and enforcement actions.

It also covers staff details, changes in legislation, and compliance with statutes and regulations. The section is set to stop being operational in 2029 and will be repealed in 2030.

(a)CA Public Resources Code § 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 the fiscal and relevant policy committees of the Legislature on the Underground Injection Control Program. The report shall include, but is not limited to, all of the following about activities in the previous 12 months:
(1)CA Public Resources Code § 3114(a)(1) The number and location of underground injection control project approvals issued by the department, including projects that were approved but subsequently lapsed without having commenced injection.
(2)CA Public Resources Code § 3114(a)(2) The monthly average number of pending project applications.
(3)CA Public Resources Code § 3114(a)(3) The average length of time to obtain an underground injection control project approval from date of receipt of complete application to the date of issuance.
(4)CA Public Resources Code § 3114(a)(4) The average amount of time to review an underground injection control project proposal by the division and the average combined review time by the State Water Resources Control Board and regional water quality control boards for each proposed underground injection control project.
(5)CA Public Resources Code § 3114(a)(5) The number of project proposals pending for over one year.
(6)CA Public Resources Code § 3114(a)(6) A list of pending aquifer exemptions, if any, and their status in the review process.
(7)CA Public Resources Code § 3114(a)(7) The average length of time to process an aquifer exemption and the average amount of time to review a proposed aquifer exemption by the division and the average combined review time by the State Water Resources Control Board and regional water quality control boards for each aquifer exemption proposal.
(8)CA Public Resources Code § 3114(a)(8) The number and description of underground injection control related violations identified.
(9)CA Public Resources Code § 3114(a)(9) The number of enforcement actions taken by the department.
(10)CA Public Resources Code § 3114(a)(10) The number of shut-in orders or requests to relinquish permits and the status of those orders or requests.
(11)CA Public Resources Code § 3114(a)(11) The number, classification, and location of staff with work related to underground injection control.
(12)CA Public Resources Code § 3114(a)(12) The number of staff vacancies for positions associated with underground injection control.
(13)CA Public Resources Code § 3114(a)(13) Any state or federal legislation, administrative, or rulemaking changes to the program.
(14)CA Public Resources Code § 3114(a)(14) The number of underground injection control projects reviewed for compliance with statutes and regulations in each district and a summary of findings from project reviews completed during the reporting period, including any steps taken to address identified deficiencies.
(15)CA Public Resources Code § 3114(a)(15) The number of underground injection control projects that have not been reviewed for compliance with applicable statutes and regulations within the prior two years.
(16)CA Public Resources Code § 3114(a)(16) Summary of significant milestones in their compliance schedule agreed to with the United States Environmental Protection Agency, as indicated in the March 9, 2015, letter to the division and the state board from the United States Environmental Protection Agency, including, but not limited to, regulatory updates, evaluations of injection wells, and aquifer exemption applications.
(17)CA Public Resources Code § 3114(a)(17) Summary of activities undertaken by the underground injection control review panel established pursuant to Section 46 of Chapter 24 of the Statutes of 2015.
(b)CA Public Resources Code § 3114(b) This section shall become inoperative on October 1, 2029, and, as of January 1, 2030, is repealed.

Section § 3115

Explanation

The law requires that by July 1, 2023, a division must create and start a program to educate and train local government entities about materials on oil and gas operations that the division collects and maintains.

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 materials collected and maintained by the division related to oil and gas operations.