Public Resources Code — Part 17 | PRC — United States — California law | Esheria

Public Resources Code

Part 17 of 41 · provisions 3,201–3,400

This act is named the Public Resources Code.

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About this statute

The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 36003.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 1. Findings and Declarations [36000 - 36003] ( Chapter 1 added by Stats. 1989, Ch. 1215, Sec. 1. )

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    This section says the division does not create authority to delay or deny projects, and it does not override existing state agency authority.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 1. Findings and Declarations [36000 - 36003] ( Chapter 1 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36003. (a) No authority is created under this division, nor shall any of its purposes or provisions be used by any public or private agency or person, to delay or deny any existing or future project or activity during the preparation and delivery of the report and plan required by this division. (b) No authority is created under this division to supersede current state agency statutory authority. (c) The task force established pursuant to Section 36300 shall cease to exist upon delivery of its report and plan to the Governor and the Legislature. (Amended by Stats. 1991, Ch. 1027, Sec. 3.)
  2. 3601.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    This section defines “outer boundary line” for certain oil or gas leases or operating units.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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 line” means the outer boundary line of the lands included in the lease or unit. In determining the contiguity of any such parcels of land, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity. (Repealed and added by Stats. 1947, Ch. 1559.)
  3. 3602.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    A parcel of land at least one acre in size and under 250 feet wide may have no more than one well per acre, if the well locations are placed as far from the parcel’s lateral boundary lines as the surface and existing improvements allow.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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 acre of the area if the surface location of any well or wells is so placed as to be as far from the lateral boundary lines of the parcel of land as the configuration of the surface and the existing improvements thereon will permit. (Amended by Stats. 1955, Ch. 1218.)
  4. 3602.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    The supervisor may approve well-drilling proposals for certain heavy or viscous hydrocarbons on land of at least one acre, and approved wells are not treated as public nuisances.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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 so determines, the supervisor may approve proposals to drill wells at whatever locations he deems advisable for the purpose of the proper development of such hydrocarbons by the application of pressure, heat or other means for the reduction of oil viscosity, and such wells shall not be classed as public nuisances after approval by the supervisor. (Added by Stats. 1955, Ch. 1218.)
  5. 3602.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    For this chapter, parcel area must be determined using only the area of the oil and gas mineral estate.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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. (Added by Stats. 1957, Ch. 405.)
  6. 3603.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    An alley that intersects or lies within a block or other subdivision unit is not treated as a public street or road for this chapter.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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. (Repealed and added by Stats. 1947, Ch. 1559.)
  7. 3604.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    Each day that a well is drilled, or oil or gas is produced in violation of this chapter, is a separate nuisance.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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. (Repealed and added by Stats. 1947, Ch. 1559.)
  8. 3605.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    This chapter does not apply to any field producing oil or gas on August 14, 1931.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 3605. The provisions of this chapter do not apply to any field producing oil or gas on August 14, 1931. (Repealed and added by Stats. 1947, Ch. 1559.)
  9. 3606.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    This section limits where wells and derricks may be placed on certain parcels and gives the supervisor approval and enforcement powers.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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 such parcel of land is unavailable for the surface location of oil or gas wells, there may be drilled or produced not more than one well into each acre of such parcel of land, and the surface location of such well may be located upon property which may or may not contain one acre or more of surface area, and the property upon the surface of which the surface location of such well may be located may or may not be contiguous to such parcel of land; provided: 1. No operator shall construct or maintain any derrick within 150 feet of any other derrick, then standing, of such operator unless approved in advance by the supervisor who may, in granting such approval, attach such conditions as are reasonably necessary to carry out the purposes of this chapter. 2. The surface location of such well, as measured from the center of the hole, shall be not less than 25 feet from an outer boundary of the surface of the property upon which such well is located, and shall be not less than 25 feet from any dedicated public street, road or highway which is so dedicated and in such public use at the time of the commencement of drilling of such well. 3. The producing interval of such well shall be not less than 75 feet from an outer boundary of the parcel of land into which such producing interval is drilled, and the producing interval of such well shall be not less than 150 feet, as measured horizontally in the same zone, from the producing interval of any other well which is producing or capable of producing oil or gas. If the parcel of land qualified to be drilled under this section is less than 150 feet in width, the producing interval of such well shall be as far from the lateral boundary lines of the property as is practicable. To enforce the provisions of this section, the supervisor may require, at the time supervisor gives approval of notice of intention to drill, redrill or deepen, that a subsurface directional survey be made for such well, and that a plat of said directional survey be filed with the supervisor within fifteen (15) days of completion. (Amended by Stats. 1959, Ch. 1514.)
  10. 3606.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    The 150-foot spacing rule applies only to wells drilled and producing from the same zone or pool, and the normal limit is one well per acre unless the supervisor makes specified findings.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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, however, that the well density shall not exceed one well per acre unless the supervisor shall determine that more than one zone or pool underlies the property and that it is not practical to produce from all of such zones or pools from a single well per acre and that such other zones or pools are being drained by offset wells. In such cases only, a maximum density of two wells per acre may be approved. These exceptions to the general spacing rule shall apply also to properties qualifying under Sections 3602 and 3606. (Added by Stats. 1955, Ch. 925.)
  11. 3607.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    The 100-foot drilling prohibition near public streets or highways does not apply when the street or highway is opened through a field where drilling had already started.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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 which is opened through a field in which drilling was commenced prior to the opening of the street or highway. (Repealed and added by Stats. 1947, Ch. 1559.)
  12. 3608.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    Small surrounded parcels can be treated as part of a larger oil and gas lease if the supervisor records a declaration.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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 if, under the provisions of Sections 3600 to 3607, inclusive, of the Public Resources Code, the drilling or producing of a well on said land is declared to be a public nuisance, said land shall, for oil and gas development purposes and to prevent waste and to protect the oil and gas rights of landowners, be deemed included in said oil and gas lease on said other lands, and shall be subject to all the terms and provisions thereof, when the State Oil and Gas Supervisor has caused to be recorded with the county recorder of the county in which said land aggregating less than one acre is located a declaration as hereinafter provided. A request for inclusion of surrounded land aggregating less than one acre may be filed with the supervisor at any time by either the lessee of such other lands or by the owner or lessee of such surrounded land or the supervisor may act upon his own motion. Before filing such request the lessee of such other lands shall make a reasonable effort to include each parcel of surrounded land, within the oil and gas lease upon such other lands. There shall be attached to such request a statement which shall set forth the name or names of the record owner or record owners of said land aggregating less than one acre which is to be included in said oil and gas lease on said other lands, the legal description of said land aggregating less than one acre, name of the lessee of the oil and gas lease in which such land is to be included, and a reference to the book and page of the official records of the county recorder where such oil and gas lease is recorded or a reference to the document number and date of recordation of such oil and gas lease. Within 20 days following receipt of such request and attached statement, the supervisor shall cause to be recorded with the county recorder of the county in which said land aggregating less than one acre is located, a declaration, signed by him or his assistant or deputy, that said land is deemed by the provisions of this section to be included in said oil and gas lease on said other lands. Such declaration shall set forth the same information required to be set forth in the statement attached to the request, and a copy thereof shall be mailed or otherwise delivered by the supervisor to the lessee. The county recorder shall accept such declaration for recordation and shall index such declaration in the names of all persons or corporations mentioned therein. From the time of recording thereof in the office of the county recorder such notice shall impart constructive notice of the contents thereof to all persons dealing with the land therein described. The owners of the oil and gas mineral rights in said land so deemed included in said oil and gas lease on said other lands, as herein provided, shall thereafter receive in money, based upon the production of oil and gas from the leasehold including said land or lands unitized or pooled therewith, a pro rata share of the landowners’ royalty determined in accordance with the provisions of said oil and gas lease in the proportion that the area of said land bears to the aggregate of the total area covered by said oil and gas lease including the area of said land or as otherwise provided in said lease; provided further, that said owners of said oil and gas mineral rights in said land shall in no case receive less than their pro rata share determined, as herein provided, of the value of one-eighth part of the oil and gas produced, saved and sold from or allocated to the operating unit comprising said leasehold on said other lands and said land, computed in accordance with the provisions of said oil and gas lease with respect to the computation of landowners’ royalty; provided further that upon recordation of the statement by the supervisor, the owners of such oil and gas mineral rights in such land shall also receive a pro rata share of any other benefits thereafter accruing to the owners of the oil and gas mineral rights under the terms of the oil and gas lease on such other lands; and provided further, that without the consent of said owners of said land the lessee or operator of said oil and gas leasehold shall have no right to use the surface of said land nor to use the subsurface thereof down to a depth of 200 feet below the surface thereof. Where said land aggregating less than one acre is surrounded by lands which are not subject to a single oil and gas lease but is surrounded by lands which are subject to two or more separate oil and gas leases, one or more of which oil or gas leases aggregates one acre or more, then in such event the said land aggregating less than one acre shall, as herein provided, be included within and be joined to that oil and gas lease aggregating one acre or more as to which said parcel of land aggregating less than one acre has the longest common boundary. If there is no longest common boundary, the request shall designate the lease, aggregating one acre or more, into which the parcel aggregating less than one acre shall be included by the declaration of the supervisor; otherwise the supervisor shall make such designation. In determining the contiguity of any parcels of land for the purposes hereof, no road, street or alley shall be deemed to interrupt such contiguity. (Amended by Stats. 1961, Ch. 2074.)
  13. 3608.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    When a leasehold that included land under Section 3608 ends, the owner or operator must record an appropriate quitclaim for that land in the proper county recorder’s office.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 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 quitclaim to such land in the proper county recorder’s office when such leasehold has been terminated. (Added by Stats. 1957, Ch. 405.)
  14. 3609.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    The supervisor may adopt a well-spacing plan for a designated pool if, after rules-and-regulations review and a public hearing, the pool’s development needs a different spacing pattern to prevent waste and improve recovery.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 3609. Notwithstanding any other provisions of this chapter, if the supervisor determines, pursuant to rules and regulations and after a public hearing, that the development of a pool discovered after the effective date of this section for the production of oil and gas, or either, requires the adoption of a well-spacing pattern other than that specified in Sections 3600 to 3608.1, inclusive, in order to prevent waste and to increase the ultimate economic recovery of oil or gas, he may adopt a well-spacing plan to apply to the surface and subsurface of a designated pool. Such plan shall be applicable to all wells thereafter drilled or redrilled into such pool. Such plan may include a requirement that, as a prerequisite to approval to drill or redrill a well, all or certain specified parcels of land shall be included in a pooling or unit agreement. The supervisor may provide in the rules and regulations for mandatory pooling agreements in connection with the well-spacing order. (Added by Stats. 1973, Ch. 864.)
  15. 36100.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

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    The definitions in this chapter control how this division is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36100. Unless the context otherwise requires, the definitions in this chapter govern the interpretation of this division. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  16. 36101.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    “Advisory committee” means the California Ocean Resources Advisory Committee established under Section 36302.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36101. “Advisory committee” means the California Ocean Resources Advisory Committee established pursuant to Section 36302. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  17. 36102.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

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    This section defines “exclusive economic zone (EEZ)” as the area measured from the mean high tide line seaward to 200 nautical miles.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36102. “Exclusive economic zone (EEZ)” means the zone as measured from the mean high tide line seaward to 200 nautical miles as set forth in the Presidential Proclamation 5030 of March 10, 1983, in which the United States proclaimed jurisdiction over the resources of the ocean within 200 miles of the coastline. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  18. 36103.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

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    “High Seas” means offshore waters beyond 200 nautical miles from the coastline.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36103. “High Seas” means offshore waters beyond 200 nautical miles from the coastline. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  19. 36104.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    “Program” means the California Ocean Resources Management Program established by Section 36200.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36104. “Program” means the California Ocean Resources Management Program established by Section 36200. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  20. 36105.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    “Ocean” and “marine” mean waters from the coastline into the high seas.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36105. “Ocean” and “marine” mean those waters from the coastline into the high seas. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  21. 36106.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    “Ocean resources” means all living and nonliving resources in the Pacific Ocean and its contiguous saline or brackish bays and estuaries.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36106. “Ocean resources” means all living and nonliving resources found in the Pacific Ocean and its contiguous saline or brackish bays and estuaries. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  22. 36107.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    “Report and plan” means the report and plan prepared by the task force.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36107. “Report and plan” means the report and plan prepared by the task force. (Amended by Stats. 1991, Ch. 1027, Sec. 4.)
  23. 36108.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    This section defines “State waters” as the area from the mean high tide line to three nautical miles offshore.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36108. “State waters” means the zone as measured from the mean high tide line to three nautical miles offshore, as set forth by the Submerged Lands Act (43 U.S.C. Sec. 1311) in which the United States released to adjacent coastal states title, ownership, and the right to manage natural resources from the mean high tide line seaward to three miles. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  24. 36109.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    “Task force” means the Ocean Resources Task Force created by Section 36300.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36109. “Task force” means the Ocean Resources Task Force created by Section 36300. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  25. 36110.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    “Territorial sea” means the area from the mean high tide line out to 12 nautical miles offshore, as referenced to the December 27, 1988 Presidential Proclamation.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 2. Definitions [36100 - 36110] ( Chapter 2 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36110. “Territorial sea” means the zone as measured from mean high tide line to 12 nautical miles offshore as set forth in the Presidential Proclamation on December 27, 1988, in which the United States extended its sovereignty and jurisdiction. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  26. 36200.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 3. California Ocean Resources Management Program [36200 - 36202] ( Chapter 3 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    A coordinated program of ocean resources planning and management is established to support conservation and development of ocean resources.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 3. California Ocean Resources Management Program [36200 - 36202] ( Chapter 3 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36200. To ensure the conservation and development of ocean resources consistent with purposes of this division, a coordinated program of ocean resources planning and management is established. (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  27. 36201.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 3. California Ocean Resources Management Program [36200 - 36202] ( Chapter 3 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    The California Ocean Resources Management Program is made up of the Ocean Resources Task Force, the California Ocean Resources Advisory Committee, and the report and plan prepared and adopted under Chapter 6.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 3. California Ocean Resources Management Program [36200 - 36202] ( Chapter 3 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36201. The California Ocean Resources Management Program consists of all of the following: (a) The Ocean Resources Task Force. (b) The California Ocean Resources Advisory Committee. (c) The report and plan prepared and adopted pursuant to Chapter 6 (commencing with Section 36500). (Amended by Stats. 1991, Ch. 1027, Sec. 5.)
  28. 36202.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 3. California Ocean Resources Management Program [36200 - 36202] ( Chapter 3 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    California is authorized to join a multi-state ocean liaison program, and the program must help spread oceanographic data and include workshops.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 3. California Ocean Resources Management Program [36200 - 36202] ( Chapter 3 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36202. (a) The State of California is hereby authorized to participate with the States of Alaska, Hawaii, Oregon, and Washington in a joint liaison program with the Center for Ocean Analysis and Prediction of the National Oceanic and Atmospheric Administration, with the objective of assisting the states in taking maximum advantage of the oceanographic data, products, and services available from the federal government through the Center for Ocean Analysis and Prediction. (b) The liaison program shall include all of the following: (1) Assist state and local governments to become fully aware of oceanographic data and products available from the federal government and especially from the Center for Ocean Analysis and Prediction. (2) Assist the Center for Ocean Analysis and Prediction and the National Oceanic and Atmospheric Administration to become more fully aware of state and local problems and the requirements of state and local governments. (3) Assist in setting up lines of communications to move oceanographic data and products from the Center for Ocean Analysis and Prediction to the people in the states who need those data and products. (c) The liaison program shall include workshops for small groups of technical experts from state and local governments, academic institutions, and the private sector. The workshops shall be held at the Center for Ocean Analysis and Prediction in Monterey and at other facilities in the western states as appropriate. (d) This section shall not become operative until at least one other state participates in the joint liaison program. (Added by Stats. 1990, Ch. 1637, Sec. 2. Section conditionally operative by its own provisions.)
  29. 3630.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 1. Declaration of Policy [3630 - 3631] ( Article 1 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    The Legislature finds that managing, developing, and operating land as a unit for oil and gas production helps prevent waste, increase ultimate recovery, and allow other beneficial uses of surface land.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 1. Declaration of Policy [3630 - 3631] ( Article 1 added by Stats. 1971, Ch. 1673. ) ## 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 preventing waste, increases the ultimate recovery of oil and gas, and facilitates increased concurrent use of surface lands for other beneficial purposes. (Added by Stats. 1971, Ch. 1673.)
  30. 36300.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 4. Creation and Membership of the Task Force [36300 - 36302] ( Chapter 4 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    The Ocean Resources Task Force is created in state government.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 4. Creation and Membership of the Task Force [36300 - 36302] ( Chapter 4 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36300. The Ocean Resources Task Force is hereby created in state government. The task force is composed of the following or their designee: the Secretary for Environmental Protection, the Secretary of the Natural Resources Agency, the State Public Health Officer, the Secretary of Transportation, the Chairperson or Executive Officer of the State Lands Commission as determined by the commission, the Chairperson or Executive Director of the California Coastal Commission as determined by the commission, the Chairperson or Executive Officer of the Coastal Conservancy as determined by the conservancy, the Chairperson or Executive Director of the San Francisco Bay Conservation and Development Commission as determined by the commission, the Director of Conservation, the Director of Fish and Game, the Director of Parks and Recreation, the Office of Mine Reclamation, the Chairperson or Executive Director of the State Water Resources Control Board as determined by the board, the executive officer of each California regional water quality control board for a coastal region, the Director of Finance, the Chairperson or Executive Director of the State Energy Resources Conservation and Development Commission as determined by the commission, the Chairperson of the State Air Resources Board, the Chairperson of the Senate Committee on Natural Resources and Water, the Chairperson of the Assembly Committee on Natural Resources, the President of the University of California, the Chancellor of the California State University, and the Director of the California Sea Grant program. (Amended by Stats. 2013, Ch. 352, Sec. 489. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  31. 36301.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 4. Creation and Membership of the Task Force [36300 - 36302] ( Chapter 4 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    The task force chairperson must be the Secretary of the Resources Agency, who must provide the task force’s staff support. The task force must meet when the chairperson calls it.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 4. Creation and Membership of the Task Force [36300 - 36302] ( Chapter 4 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36301. The chairperson of the task force shall be the Secretary of the Resources Agency, who shall provide all staff support required by the task force. The task force shall meet at the call of the chairperson. (Amended by Stats. 1991, Ch. 1027, Sec. 6.)
  32. 36302.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 4. Creation and Membership of the Task Force [36300 - 36302] ( Chapter 4 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    The task force chairperson must appoint the California Ocean Resources Advisory Committee, and the committee must review the task force’s draft report and plan and advise the task force during preparation.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 4. Creation and Membership of the Task Force [36300 - 36302] ( Chapter 4 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36302. The chairperson of the task force, with advice from the task force, shall appoint the California Ocean Resources Advisory Committee, which, at a minimum, shall consist of the following: representatives of coastal local governments, relevant federal agencies, environmental and interest groups, the Legislature, and relevant industries such as oil and gas, hard minerals, biotechnology, commercial and sportfishing, seafood processing, aquaculture, transportation, tourism, and ports and harbors. The advisory committee shall review the draft of the report and plan of the task force and shall advise the task force in its preparation. (Amended by Stats. 1991, Ch. 1027, Sec. 7.)
  33. 3631.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 1. Declaration of Policy [3630 - 3631] ( Article 1 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    This section says Chapter 3.5 must not be read to conflict with Article 2 of Chapter 3 of Part 2 of Division 6.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 1. Declaration of Policy [3630 - 3631] ( Article 1 added by Stats. 1971, Ch. 1673. ) ## 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 of Division 6. (Added by Stats. 1971, Ch. 1673.)
  34. 3635.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    This article’s definitions control how this chapter is read, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 3635. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1971, Ch. 1673.)
  35. 3635.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    This section defines “person” broadly to include individuals, many business entities, representatives, and government bodies.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 3635.1. “Person” means any natural person, corporation, association, partnership, limited liability company, joint venture, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind and includes the state and any city, county, city and county, district or any department, agency, or instrumentality of the state or of any governmental subdivision whatsoever. (Amended by Stats. 1994, Ch. 1010, Sec. 206. Effective January 1, 1995.)
  36. 3635.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    “Land” is defined to include both surface rights and mineral rights.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 3635.2. “Land” means both surface and mineral rights. (Added by Stats. 1971, Ch. 1673.)
  37. 3635.3.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    “Pool” is defined as an underground reservoir with a common accumulation of crude oil or natural gas, and a separated zone in a general structure counts as a separate pool.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 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 gas or both. Each zone of a general structure which is separated from any other zone in the structure is a separate pool. (Added by Stats. 1971, Ch. 1673.)
  38. 3635.4.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    “Field” means the same general surface area underlaid, or apparently underlaid, by one or more pools.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 3635.4. “Field” means the same general surface area which is underlaid or reasonably appears to be underlaid by one or more pools. (Added by Stats. 1971, Ch. 1673.)
  39. 3635.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    This section defines “tracts of land” as separately owned land areas that meet three location and field-history conditions.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 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) Located within a field which has been producing for more than 20 years. (c) Located within a field over 75 percent of which lies within incorporated areas. (Added by Stats. 1971, Ch. 1673.)
  40. 3636.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    This section defines “unit agreement” and “unit operating agreement.”

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 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 this chapter, any consent agreement or other agreement entered into in connection with, and supplemental to, such unit agreement, but does not include a unit operating agreement or any preliminary agreement confined to effectuating any exchange of interests in land which the parties to such preliminary agreement may desire. “Unit operating agreement” means an agreement, entered into by the working interest owners only, governing all operations performed by the unit operator pursuant to the unit agreement and the unit operating agreement for the production of unitized substances. (Added by Stats. 1971, Ch. 1673.)
  41. 3636.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    “Unit area” means all lands within an area covered by a unit agreement under Article 3.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 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 3640) of this chapter. (Added by Stats. 1971, Ch. 1673.)
  42. 3636.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    “Unit production” means oil, gas, and other hydrocarbon substances produced from a unit area starting on the effective date of an approved unit agreement.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 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 supervisor pursuant to Section 3643. (Added by Stats. 1971, Ch. 1673.)
  43. 3636.3.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    “Unit operator” means the person or persons designated by the working interest owners as the operator or operators of the unit area.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 3636.3. “Unit operator” means the person or persons designated by the working interest owners as operator or operators of the unit area. (Added by Stats. 1971, Ch. 1673.)
  44. 3637.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    This section defines “working interest” and says it is still treated as vested in the owner even if drilling or production rights are delegated to an operator.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 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 which the owner of such interest has the right to drill for, develop, and produce oil and gas. A working interest shall be deemed vested in the owner thereof even though his right to drill or produce may be delegated to an operator under a drilling and operating agreement, unit agreement, or other type of operating agreement. (Added by Stats. 1971, Ch. 1673.)
  45. 3637.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    “Working interest owner” means a person owning a working interest.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 3637.1. “Working interest owner” means a person owning a working interest. (Added by Stats. 1971, Ch. 1673.)
  46. 3637.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    “Royalty interest” means an interest in oil and gas produced from land, or in the proceeds of the first sale, excluding a working interest.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 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 interest. (Added by Stats. 1971, Ch. 1673.)
  47. 3637.3.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    This section defines “royalty interest owner” as a person who owns a royalty interest.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 2. Definitions [3635 - 3637.3] ( Article 2 added by Stats. 1971, Ch. 1673. ) ## 3637.3. “Royalty interest owner” means a person owning a royalty interest. (Added by Stats. 1971, Ch. 1673.)
  48. 3640.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    Tracts of land may be unitized under this article to manage, develop, and operate them as a unit.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 in preventing, waste and to increase the ultimate recovery of oil and gas. (Added by Stats. 1971, Ch. 1673.)
  49. 36400.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 5. Responsibilities and Duties of the Task Force [36400 - 36402] ( Chapter 5 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    The task force must prepare a report and plan as required by Section 36500.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 5. Responsibilities and Duties of the Task Force [36400 - 36402] ( Chapter 5 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36400. The task force shall prepare a report and plan as required by Section 36500. (Amended by Stats. 1991, Ch. 1027, Sec. 8.)
  50. 36401.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 5. Responsibilities and Duties of the Task Force [36400 - 36402] ( Chapter 5 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    The task force chairperson must submit the report and plan to the Governor and the Legislature, following Section 36500.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 5. Responsibilities and Duties of the Task Force [36400 - 36402] ( Chapter 5 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36401. The chairperson of the task force shall submit the report and plan to the Governor and the Legislature as specified in Section 36500. (Amended by Stats. 1991, Ch. 1027, Sec. 9.)
  51. 36402.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 5. Responsibilities and Duties of the Task Force [36400 - 36402] ( Chapter 5 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    The task force must give the public a chance to review and comment after draft scoping documents and draft reports/plans are released, and those public comments must be submitted with the report and plan to the Governor and the Legislature.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 5. Responsibilities and Duties of the Task Force [36400 - 36402] ( Chapter 5 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36402. The task force shall provide opportunity for public review and comment following release of a draft scoping document and also following release of a draft report and plan. Public comments shall be submitted with the report and plan to the Governor and the Legislature. (Amended by Stats. 1991, Ch. 1027, Sec. 10.)
  52. 3641.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    A qualifying unit agreement is valid and binding on the consenting parties, and it may be filed with the supervisor for approval.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 unit without regard to separate ownerships, and for the allocation of benefits and costs on a basis set forth in such agreement, shall be valid and binding upon those who consent thereto and may be filed with the supervisor for approval. However, unless and until the agreement qualifies for approval, and is approved, by the supervisor persons who do not consent thereto shall not be bound thereby, nor shall their rights be affected thereby. (Added by Stats. 1971, Ch. 1673.)
  53. 3642.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    An owner of a working interest may file a proposed unit operation agreement with the supervisor, together with a petition for approval, if the agreement has been consented to by holders of at least three-fourths of the working interests and three-fourths of the royalty interest in the area.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 an undivided three-fourths of the total working interests in the area proposed to be unitized, and by persons who own title to the royalty interest which aggregates at least an undivided three-fourths of the total royalty interest in the area proposed to be unitized, may be filed with the supervisor by the owner of any such working interest in conjunction with a petition requesting approval thereof. (Amended by Stats. 1975, Ch. 644.)
  54. 3643.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    A unit agreement must be approved only after a public hearing if the supervisor finds the listed conditions are met.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 unit operation takes in all tracts which, consistent with good oilfield practice, should be considered a part of and related to the field or pool or pools, or portions thereof, proposed for unit operation but does not include tracts which, consistent with good oilfield practice, should not be considered a part of or related to the field or pool or pools, or portions thereof, proposed for unit operation. (b) As of the date of filing of the petition, the proposed unit agreement was consented to by persons owning at least three-fourths of the working interests and three-fourths of the lessors’ royalty interests as described in Section 3642. (c) The unitized management and operation of the pool or pools, or portions thereof, proposed to be unitized is reasonably necessary in order to carry on pressure maintenance or pressure replenishment operations, cycling or recycling operations, gas injection operations, water flooding operations, reduction of oil viscosity operations, or any combination thereof, or any other form of joint effort calculated to increase the ultimate recovery of oil and gas from the proposed unit area. (d) The value of the estimated recovery of additional oil or gas, or the increased present worth value due to accelerated recovery of oil or gas, as a result of the unit operations will exceed the estimated additional cost incident to conducting such operations. (e) The proposed unit agreement provides for an allocation of the unit production among and to the separately owned tracts in the area proposed to be unitized such as will reasonably permit persons otherwise entitled to share in or benefit by the production from such separately owned tracts to produce or receive, in lieu thereof, their fair, equitable, and reasonable pro rata share of the unit production or other benefits thereof. (f) The proposed unit agreement provides, to the full extent practical, for the organization and consolidation of surface facilities, including oil production, storage, treatment, and transportation facilities, in such a manner as will eliminate wasteful and excessive use of land surface areas, freeing such areas for other productive use and development, and provides a fair procedure for the waiver, from time to time, of the working interest owners’ right of entry on surface areas which in the future become unneeded for the conduct of unit operations. (g) The proposed unit agreement is fair and reasonable under all the circumstances in other material respects. (h) If state-owned lands under the jurisdiction of the State Lands Commission are included in the proposed unit agreement, such agreement has been reviewed and approved by the commission as to such lands. (Amended by Stats. 1975, Ch. 644.)
  55. 3644.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    A tract’s fair, equitable, and reasonable share of unit production is determined by its value for oil and gas purposes and its contributing value to the unit, using listed valuation factors.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 contributing value to the unit in relation to like values of other tracts in the unit area, taking into account, among other things, the following: (a) The primary tract value based upon the projected future value of hydrocarbon substances that would be produced by primary means from such tract after the date of unitization, if no secondary recovery operation were undertaken. (b) The secondary tract value based upon consideration of the following factors: (1) The volume in acre-feet of porous, permeable sand originally saturated with hydrocarbon substances within a zone to be unitized, and underlying such tract. (2) The hydrocarbon substances per acre-foot of such zone recoverable by means of secondary recovery operations. (3) The value of the hydrocarbon substances so recoverable from such tract from such zones to be unitized. (4) In the event the necessary data is not available as listed in paragraphs (1), (2), and (3), the value may be assigned using a prudent engineering method, depending on the data available. (c) All other factors which significantly bear upon the value of the committed properties for primary and secondary recovery. (Added by Stats. 1971, Ch. 1673.)
  56. 3645.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    If the supervisor approves the unit agreement, the supervisor must issue an order for unit operations, record the agreement in the county recorder’s office, and make all interests in the unit area subject to the agreement.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 accordance with the unit agreement, directing the recordation of such agreement in the office of the county recorder in each county in which any part of the unit area is situated, and requiring that the interests of all persons in the unit area be thereafter subject to the unit agreement the same as if all such persons had expressly consented to the unit agreement. An order of the supervisor issued pursuant to this section shall become effective on the date provided for in the order, except that no such order shall become effective until all interests in the unit area for which timely offers of sale have been made pursuant to Section 3647 have been purchased as provided in that section, or until the termination of such offers of sale. (Amended by Stats. 1973, Ch. 1129.)
  57. 3646.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    The supervisor’s order must include fair and reasonable provisions on timing, financing help for qualifying requesters, and any other provisions needed to bring land and interests into the unit area fairly.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 the unit shall be subject to unit operation, which date shall not be earlier than the first day of the month following the effective date of the supervisor’s order. (b) Provision for the carrying or otherwise financing of any persons who request the same and who the supervisor determines are unable to meet their financial obligations in connection with the unit operation, allowing a reasonable interest charge to those who carry or finance such obligations. (c) Such additional provisions which the supervisor determines to be appropriate for bringing into the unit area on a fair and reasonable basis tracts of land and interests not theretofore committed to the unit agreement. (Added by Stats. 1971, Ch. 1673.)
  58. 3647.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    A nonconsenting working-interest or royalty-interest owner may sell the interest 60 days after the supervisor’s order, while consenting working-interest owners may buy it in proportion to their unit-production shares.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 shall, 60 days following the date upon which the supervisor issues his order under the provisions of Section 3645, be entitled to offer his interest for sale pursuant to this section. All working interest owners who consented to the proposed unit agreement shall be entitled to participate in purchasing such interest in proportion to their respective shares of unit production. Unless one or more working interest owners purchase such interest, the order of the supervisor shall not become effective. If a disagreement arises with respect to the price at which such an interest shall be purchased, then either party may request the supervisor to authorize the creation of an arbitration committee consisting of three members, one member appointed by the seller, one member appointed by the purchaser or purchasers and a third member selected by the other two members, to make an independent appraisal of the value of the interest as of the date the supervisor issued his order under Section 3645. Such committee shall consider all relevant data and information submitted by interested parties and may seek and consider such other information as it deems relevant. The arbitration committee shall determine the fair market value of the interest as of the date the supervisor issued his order under Section 3645 and fix the price at which the sale shall be consummated, and its determination shall be binding on the parties; except that, within 30 days after the determination of the arbitration committee has been mailed to the parties concerned, the seller or the purchaser or any one or more of the purchasers may have such price judicially determined by filing suit for a declaratory judgment as to the fair market value in the superior court for the county in which the tract involved, or the greater portion of it, lies. The compensation and expenses of the arbitration committee shall be subject to approval in amount by the supervisor and, if the unit becomes effective, shall be paid by the working interest owners who elected to participate in purchasing such interest in the proportion they share unit expenses. If the unit does not become effective within the time provided for in the order of the supervisor issued under Section 3645, the working interest owners who have consented to the unit agreement and have requested the independent appraisal shall pay such compensation and expenses in proportion to what would have been their share of unit expenses. (Amended by Stats. 1975, Ch. 644.)
  59. 3648.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    A supervisor-approved unit agreement must include compensation for a surface land user whose land is used for the unit area.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 area shall be entitled to compensation for the reasonable value of the use of such surface. (Added by Stats. 1971, Ch. 1673.)
  60. 3649.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    A proposed modification of an approved unit agreement must be submitted by the unit operator to the supervisor, and the supervisor must approve it only if specified consent and fairness conditions are met.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 shall alter or change the basis for allocating production to tracts of land theretofore committed to the unit area without the express written consent of all persons who might be adversely affected thereby. The supervisor shall approve the proposed modification if, after a public hearing, he finds that the proposed unit agreement modification is consented to by persons who own title to working interests which aggregate at least an undivided three-fourths of the total working interests within the unit area and by persons who own title to the royalty interest which aggregate at least an undivided three-fourths of the total royalty interest in the unit area, that the proposed modification is in conformity with other provisions of the unit agreement, that it is consistent with the purpose of this chapter, and is fair and reasonable under all the circumstances. Upon approval, the unit agreement modification shall be recorded in the office of the county recorder in each county in which any part of the unit area is situated and thereafter shall be binding upon all persons having any interest in the pool or pools, or portions thereof, subject to the unit agreement the same as if all such persons had expressly agreed to the modification. Nothing in this section shall be construed as applying to any modification of a unit operating agreement entered into exclusively by the working interest owners. (Amended by Stats. 1975, Ch. 644.)
  61. 3650.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    After unitization, working-interest owners may petition the supervisor to add land to the unit area, and the supervisor must hold a public hearing when a petition is filed.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 land should be included within the unit area, persons who own any working interest in the pool or pools, or portions thereof, may file a petition with the supervisor requesting the addition of such tract or tracts of land to the unit area, insofar as they contain the pool or pools, or portions thereof. Upon the filing of such a petition, the supervisor shall hold a public hearing. (Amended by Stats. 1975, Ch. 644.)
  62. 36500.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 6. Preparation of Ocean Resources Report and Recommendations [36500- 36500.] ( Chapter 6 added by Stats. 1989, Ch. 1215, Sec. 1. )

    Verify source ↗

    The task force must prepare a report on ocean resources management activities and impacts, along with a plan to improve coordination and consolidation, and submit them to the Governor and the Legislature by July 1, 1994.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 6. Preparation of Ocean Resources Report and Recommendations [36500- 36500.] ( Chapter 6 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36500. The task force shall prepare a report regarding existing ocean resources management activities and impacts, including a plan to increase coordination and consolidation of these activities. The report and plan shall be submitted to the Governor and the Legislature by July 1, 1994. The report and plan shall include, to the degree information is available, at least all of the following: (a) Inventory of state and federal laws, rules and regulations, authorities, and programs which pertain to the resources and uses of state and federal waters. (b) Analysis of state laws, rules and regulations, authorities, and programs which pertain to the resources and uses of state and federal waters, and which conflict with one another or with federal laws, rules and regulations, authorities, and programs. (c) Identification of existing and potential resources and uses of, and issues pertaining to, the ocean, and of potential new industries and jobs related to development of ocean resources and uses. (d) Identification of potential impacts to federal and state waters and to coastal areas above the mean high tide line from activities in federal and state waters, and an evaluation of state agency ability to manage those impacts. (e) Identification of all existing state and federal programs relating to federal and state waters pollution research and monitoring, including general research on the marine ecosystem. (f) Evaluation of the feasibility of developing computerized mapping of existing conditions, uses, and resources in federal and state waters. (g) A long-term plan for conservation and protection of ocean resources and uses. (h) A long-term plan for the management of California’s interests in federal waters, including recommendations to develop or improve state agency programs relating to the management of EEZ resources and uses, and the identification of issues which may affect local government local coastal programs. (i) A plan for the continuation and improvement of the role of the state as a leader in education, research, and training in marine sciences and the management of marine resources, including recommendations for state-supported marine research in state and federal waters. (j) A plan for cooperation by the state with other states, the federal government, other nations, and national and international organizations in marine science activities when that cooperation is in the interest of the State of California. (k) A plan for options for ensuring appropriate public infrastructure investment to support present and future ocean industries. (l) Prioritization of resource and use conflicts in federal and state waters. (m) Identification of alternative dispute management and resolution processes for resource conflicts in and between federal and state jurisdictions, and a proposed framework for managing future conflicts. (n) A plan for joint federal and state management activities and revenue sharing in state and federal waters. (o) Recommendations for proposed implementing legislation, if any. (Amended by Stats. 1993, Ch. 791, Sec. 1. Effective January 1, 1994.)
  63. 3651.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    The supervisor must issue an order making additional tracts subject to unit operations if the statutory findings are met and the order is recorded in each affected county.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 interests of all persons therein, upon recordation of such order in the office of the county recorder in each county in which any part of the original unit area or such additional tracts are situated, shall thereafter be subject to unit operations if he finds all of the following: (a) All or a portion of such further tract or tracts of land do contain the pool or pools, or portions thereof, previously ordered unitized by the supervisor. (b) The unit agreement has been consented to by persons who own title to working interests which aggregate at least an undivided three-fourths of the working interests in the total area proposed to be unitized, and by persons who own title to the royalty interest which aggregates at least an undivided three-fourths of the royalty interest in the total area proposed to be unitized. (c) The addition of such further tract or tracts of land insofar as they contain the pool or pools to the unit operations is reasonably necessary in order to prevent waste or to increase the ultimate recovery of oil and gas. (Amended by Stats. 1975, Ch. 644.)
  64. 3652.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    The supervisor’s unit-order allocation must be fair and reasonable, and must allocate production using specified valuation factors and a pro rata approach for previously established and added tracts.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 fair and reasonable provisions under the circumstances in other respects for bringing into the unit operation such tract or tracts of land. In providing for the allocation of unit production from the enlarged unit area, the order shall, however, first treat the unit area previously established as a single tract, and the portion of unit production so allocated thereto shall then be allocated among the separately owned tracts of land included in such previously established unit area in the same proportion as specified therefor in the previous order. The supervisor shall allocate production from the enlarged unit area between the previously established unit area and the additional tract or tracts of land, and if there be more than one such additional tract of land, shall allocate the production allotted the additional tracts of land as between such additional tracts of land, in such a manner as will reasonably permit persons otherwise entitled to share in or benefit by the production from such tracts of land to produce or receive, in lieu thereof, their fair, equitable, and reasonable pro rata share of the unit production or other benefits thereof. A tract’s fair, equitable, and reasonable share of the unit production shall be measured by the value of each such tract of land for oil and gas purposes and its contributing value to the unit operation in relation to like values of other tracts in the unit, taking into account, among other things, the following: (a) The primary tract value based upon the projected future value of hydrocarbon substances that would be produced by primary means from such tract after the date of unitization, if no secondary recovery operation were undertaken. (b) The secondary tract value based upon consideration of the following factors: (1) The volume in acre-feet of porous, permeable sand originally saturated with hydrocarbon substances within a zone to be unitized, and underlying such tract. (2) The hydrocarbon substances per acre-foot of such zone recoverable by means of secondary recovery operations. (3) The value of the hydrocarbon substances so recoverable from such tract from such zones to be unitized. (4) In the event the necessary data is not available as listed in paragraphs (1), (2), and (3), the value may be assigned using a prudent engineering method, depending on the data available. (c) All other factors which significantly bear upon the value of the committed properties for primary and secondary recovery. (Added by Stats. 1971, Ch. 1673.)
  65. 3653.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    People who own an interest in the relevant pool or pools may submit unit-operation disagreements to the supervisor for review and decision.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 agreement may be submitted to the supervisor for his review and decision. (Amended by Stats. 1975, Ch. 644.)
  66. 3653.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    A petition for approval of a unit agreement must include the request, a copy of the agreement, supporting technical data and maps, and proof that the required owners have consented.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 unit agreement. (b) A copy of the unit agreement. (c) A report with appropriate engineering, reservoir, and geologic data and maps outlining in detail how the unit agreement qualifies for approval pursuant to this chapter. (d) Evidence that the required number of working interest owners and royalty interest owners have consented to the unit agreement. Generally, such evidence shall consist of a certificate of the petitioner or unit operator that the requisite number of working interest owners and royalty interest owners have consented to the unit agreement; provided, however, that if the accuracy of the certificate is challenged by any person, additional evidence will be required. Additional evidence may be supplied by the petitioner or requested by the supervisor. (Added by Stats. 1975, Ch. 644.)
  67. 3654.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

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    Decisions made by the supervisor under this chapter can be appealed by affected persons to a court of competent jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 by any person whose interests are affected by any such decision or determination. Except as otherwise provided in this article, such appeal must be made within 60 days from the date of such decision or determination. (Added by Stats. 1971, Ch. 1673.)
  68. 3655.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    This section sets how to calculate three-fourths interests for unit agreements by assigning total tract value and computing each owner’s pro rata share.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 all of the primary tract assignment and secondary tract assignment, shall be assigned to all of the tracts of land which are the subject of the unit agreement or the proposed unit agreement. (b) The pro rata interest of each working interest owner shall be equal to a fraction, the numerator of which shall be the total value of the primary tract assignment and secondary tract assignment of the tract or tracts in which he has a working interest, in accordance with his fractional share of such interest, if any, and the denominator of which shall be the value determined under subdivision (a). (c) The pro rata interest of each royalty interest owner shall be equal to a fraction, the numerator of which shall be the total value of the primary tract assignment and secondary tract assignment of the tract or tracts in which he has a royalty interest, in accordance with his fractional share of such interest, if any, and the denominator of which shall be the value determined under subdivision (a). If there are no royalties outstanding with respect to a tract or tracts of land included within or proposed to be included within a unit area, then for the purpose of determining the three-fourths of royalty interests the working interest owners in any such tract of land shall be deemed to be the owners of a royalty with respect to such tract in the same proportion as their ownership of the working interest therein. (Added by Stats. 1971, Ch. 1673.)
  69. 3656.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    An approved unit agreement cannot be used to transfer or change title or ownership of land or mineral rights between parties.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 alienation, transfer, or change of any title or ownership, legal or equitable, of any person or party in or to any tract of land or the mineral rights therein to any other person or party. (Added by Stats. 1971, Ch. 1673.)
  70. 3657.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    Operations under an approved unit agreement are treated as if they occurred on each separately owned tract, and allocated production is treated as produced from the tract to which it is allocated.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 pursuant to the provisions of this chapter shall be deemed, for the purposes of determining compliance with lease and other contractual obligations, the conduct of such operations on each separately owned tract in the unit area by the several working interest owners thereof. That portion of the production allocated to each tract of land included in the unit area, when produced, shall be deemed for all purposes to have been produced from such tract by a well or wells drilled therein. (Added by Stats. 1971, Ch. 1673.)
  71. 3658.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    Supervisor orders under this article bind each person with an interest in the covered unit area, oil and gas, or proceeds, and those persons may enforce the unit agreement.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 owning an interest in the unit area covered thereby, or in the oil and gas produced therefrom, or the proceeds thereof. Each such person shall have the right to enforce the provisions of the unit agreement, including, but not limited to, the provisions for determining rates of production, whether or not such person expressly consented to the unit agreement. (Added by Stats. 1971, Ch. 1673.)
  72. 3659.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    Before a public hearing under this chapter, the supervisor must give reasonable written notice to listed land interest holders and written notice to the relevant city or county. Interested persons may submit testimony and evidence for the supervisor’s consideration.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 3. Unit Agreements [3640 - 3659] ( Article 3 added by Stats. 1971, Ch. 1673. ) ## 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 shown by the records of the tax assessor to have an interest in the land proposed for unit operation, and shall give written notice to any city within which the land lies and, with respect to land which lies in an unincorporated area, to the county in which the land lies. Such city or county or any other interested person may, on any matter relevant to the proposed agreement for operation, submit testimony and evidence for the consideration of the supervisor. (Added by Stats. 1971, Ch. 1673.)
  73. 36600.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 1. General Provisions [36600 - 36620] ( Article 1 added by Stats. 2000, Ch. 385, Sec. 22. )

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    This chapter is called the Marine Managed Areas Improvement Act and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 1. General Provisions [36600 - 36620] ( Article 1 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36600. This chapter shall be known, and may be cited, as the Marine Managed Areas Improvement Act. (Added by Stats. 2000, Ch. 385, Sec. 22. Effective January 1, 2001.)
  74. 36601.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 1. General Provisions [36600 - 36620] ( Article 1 added by Stats. 2000, Ch. 385, Sec. 22. )

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    The Legislature says the current marine and estuarine classification system should be replaced, except for state estuaries, and managing agencies should coordinate activities when an MMA borders a terrestrial protected area.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 1. General Provisions [36600 - 36620] ( Article 1 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36601. (a) The Legislature finds and declares all of the following: (1) California’s extraordinary ocean and coastal resources provide a vital asset to the state and nation. These resources are important to public health and well-being, ecological health, and ocean-dependent industries. (2) The ocean ecosystem is inextricably connected to the land, with coastal development, water pollution, and other human activities threatening the health of marine habitat and the biological diversity found in California’s ocean waters. New technologies and demands have encouraged the expansion of fishing and other activities to formerly inaccessible marine areas that once recharged nearby fisheries. As a result, ecosystems throughout the state’s ocean waters are being altered, often at a rapid rate. (3) California’s marine managed areas (MMAs), such as refuges, reserves, and state reserves, are one of many tools for resource managers to use for protecting, conserving, and managing the state’s valuable marine resources. MMAs can offer many benefits, including protecting habitats, species, cultural resources, and water quality; enhancing recreational opportunities; and contributing to the economy through such things as increased tourism and property values. MMAs may also benefit fisheries management by protecting representative habitats and reducing extractive uses. (4) The array of state MMAs in California is the result of over 50 years of designations through legislative, administrative, and statewide ballot initiative actions, which has led to 18 classifications and subclassifications of these areas. (5) A State Interagency Marine Managed Areas Workgroup was convened by the Resources Agency to address this issue, bringing together for the first time all of the state agencies with jurisdiction over these areas. This group’s report indicates that California’s state MMAs have evolved on a case-by-case basis, without conforming to any plan for establishing MMAs in the most effective way or in a manner which ensures that the most representative or unique areas of the ocean and coastal environment are included. (6) The report further states that California’s MMAs do not comprise an organized system, as the individual sites are not designated, classified, or managed in a systematic manner. Many of these areas lack clearly defined purposes, effective management measures, and enforcement. (7) To some, this array of MMAs creates the illusion of a comprehensive system of management, while in reality, it falls short of its potential to protect, conserve, and manage natural, cultural, and recreational resources along the California coast. Without a properly designed and coordinated system of MMAs, it is difficult for agencies to meet management objectives, such as maintaining biodiversity, providing education and outreach, and protecting marine resources. (8) Agency personnel and the public are often confused about the laws, rules, and regulations that apply to MMAs, especially those adjacent to a terrestrial area set aside for management purposes. Lack of clarity about the manner in which the set of laws, rules, and regulations for the array of MMAs interface and complement each other limits public and resource managers’ ability to understand and apply the regulatory structure. (9) Designation of sites and subsequent adoption of regulations often occur without adequate consideration being given to overall classification goals and objectives. This has contributed to fragmented management, poor compliance with regulations, and a lack of effective enforcement. (10) Education and outreach related to state MMAs is limited and responsibility for these activities is distributed across many state agencies. These factors hamper the distribution of information to the public regarding the benefits of MMAs and the role they can play in protecting ocean and coastal resources. (11) There are few coordinated efforts to identify opportunities for public/private partnerships or public stewardship of MMAs or to provide access to general information and data about ocean and coastal resources within California’s MMAs. (12) Ocean and coastal scientists and managers generally know far less about the natural systems they work with than their terrestrial counterparts. Understanding natural and human-induced factors that affect ocean ecosystem health, including MMAs, is fundamental to the process of developing sound management policies. (13) Research in California’s MMAs can provide managers with a wealth of knowledge regarding habitat functions and values, species diversity, and complex physical, biological, chemical, and socioeconomic processes that affect the health of marine ecosystems. That information can be useful in determining the effectiveness of particular sites or classifications in achieving stated goals. (b) With the single exception of state estuaries, it is the intent of the Legislature that the classifications currently available for use in the marine and estuarine environments of the state shall cease to be used and that a new classification system shall be established, with a mission, statement of objectives, clearly defined designation guidelines, specific classification goals, and a more scientifically-based process for designating sites and determining their effectiveness. The existing classifications may continue to be used for the terrestrial and freshwater environments of the state. (c) Due to the interrelationship between land and sea, benefits can be gained from siting a portion of the state’s marine managed areas adjacent to, or in close proximity to, terrestrial protected areas. To maximize the benefits that can be gained from having connected protected areas, whenever an MMA is adjacent to a terrestrial protected area, the managing agencies shall coordinate their activities to the greatest extent possible to achieve the objectives of both areas. (Added by Stats. 2000, Ch. 385, Sec. 22. Effective January 1, 2001.)
  75. 36602.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 1. General Provisions [36600 - 36620] ( Article 1 added by Stats. 2000, Ch. 385, Sec. 22. )

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    This section defines key terms used in the chapter, including committee, designating entity, managing agency, marine managed area, and marine protected area.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 1. General Provisions [36600 - 36620] ( Article 1 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36602. The following definitions govern the construction of this chapter: (a) “Committee” is the State Interagency Coordinating Committee established pursuant to Section 36800. (b) “Designating entity” is the Fish and Game Commission, State Park and Recreation Commission, or State Water Resources Control Board, each of which has the authority to designate specified state marine managed areas. (c) “Managing agency” is the Department of Fish and Game or the Department of Parks and Recreation, each of which has the authority to manage specified state marine managed areas. (d) “Marine managed area” (MMA) is a named, discrete geographic marine or estuarine area along the California coast designated by law or administrative action, and intended to protect, conserve, or otherwise manage a variety of resources and their uses. The resources and uses may include, but are not limited to, living marine resources and their habitats, scenic views, water quality, recreational values, and cultural or geological resources. General areas that are administratively established for recreational or commercial fishing restrictions, such as seasonal or geographic closures or size limits, are not included in this definition. MMAs include the following classifications: (1) State marine reserve, as defined in subdivision (a) of Section 36700. (2) State marine park, as defined in subdivision (b) of Section 36700. (3) State marine conservation area, as defined in subdivision (c) of Section 36700. (4) State marine cultural preservation area, as defined in subdivision (d) of Section 36700. (5) State marine recreational management area, as defined in subdivision (e) of Section 36700. (6) State water quality protection areas, as defined in subdivision (f) of Section 36700. (e) “Marine protected area” (MPA), consistent with the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish and Game Code) is a named, discrete geographic marine or estuarine area seaward of the mean high tide line or the mouth of a coastal river, including any area of intertidal or subtidal terrain, together with its overlying water and associated flora and fauna that has been designated by law or administrative action to protect or conserve marine life and habitat. MPAs are primarily intended to protect or conserve marine life and habitat, and are therefore a subset of marine managed areas (MMAs). MPAs include the following classifications: (1) State marine reserve, as defined in subdivision (a) of Section 36700. (2) State marine park, as defined in subdivision (b) of Section 36700. (3) State marine conservation area, as defined in subdivision (c) of Section 36700. (Amended by Stats. 2003, Ch. 610, Sec. 21. Effective January 1, 2004.)
  76. 36620.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 1. General Provisions [36600 - 36620] ( Article 1 added by Stats. 2000, Ch. 385, Sec. 22. )

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    The state MMA system’s mission is to support long-term ecological viability, biological productivity, and preservation of cultural resources, and the Legislature says MMAs should be redesigned to meet several conservation, research, sustainability, and public enjoyment objectives.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 1. General Provisions [36600 - 36620] ( Article 1 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36620. The mission of the state MMA system is to ensure the long-term ecological viability and biological productivity of marine and estuarine ecosystems and to preserve cultural resources in the coastal sea, in recognition of their intrinsic value and for the benefit of current and future generations. In support of this mission, the Legislature finds and declares that there is a need to reexamine and redesign California’s array of MMAs, to establish and manage a system using science and clear public policy directives to achieve all of the following objectives: (a) Conserve representative or outstanding examples of marine and estuarine habitats, biodiversity, ecosystems, and significant natural and cultural features or sites. (b) Support and promote marine and estuarine research, education, and science-based management. (c) Help ensure sustainable uses of marine and estuarine resources. (d) Provide and enhance opportunities for public enjoyment of natural and cultural marine and estuarine resources. (Amended by Stats. 2003, Ch. 610, Sec. 22. Effective January 1, 2004.)
  77. 36700.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. )

    Verify source ↗

    This section creates six marine and estuarine area classifications and describes what each one is for.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36700. Six classifications for designating managed areas in the marine and estuarine environments are hereby established as described in this section, to become effective January 1, 2002. Where the term “marine” is used, it refers to both marine and estuarine areas. A geographic area may be designated under more than one classification. (a) A “state marine reserve” is a nonterrestrial marine or estuarine area that is designated so the managing agency may achieve one or more of the following: (1) Protect or restore rare, threatened, or endangered native plants, animals, or habitats in marine areas. (2) Protect or restore outstanding, representative, or imperiled marine species, communities, habitats, and ecosystems. (3) Protect or restore diverse marine gene pools. (4) Contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for scientific research in outstanding, representative, or imperiled marine habitats or ecosystems. (b) A “state marine park” is a nonterrestrial marine or estuarine area that is designated so the managing agency may provide opportunities for spiritual, scientific, educational, and recreational opportunities, as well as one or more of the following: (1) Protect or restore outstanding, representative, or imperiled marine species, communities, habitats, and ecosystems. (2) Contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for scientific research in outstanding representative or imperiled marine habitats or ecosystems. (3) Preserve cultural objects of historical, archaeological, and scientific interest in marine areas. (4) Preserve outstanding or unique geological features. (c) A “state marine conservation area” is a nonterrestrial marine or estuarine area that is designated so the managing agency may achieve one or more of the following: (1) Protect or restore rare, threatened, or endangered native plants, animals, or habitats in marine areas. (2) Protect or restore outstanding, representative, or imperiled marine species, communities, habitats, and ecosystems. (3) Protect or restore diverse marine gene pools. (4) Contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for scientific research in outstanding, representative, or imperiled marine habitats or ecosystems. (5) Preserve outstanding or unique geological features. (6) Provide for sustainable living marine resource harvest. (d) A “state marine cultural preservation area” is a nonterrestrial marine or estuarine area designated so the managing agency may preserve cultural objects or sites of historical, archaeological, or scientific interest in marine areas. (e) A “state marine recreational management area” is a nonterrestrial marine or estuarine area designated so the managing agency may provide, limit, or restrict recreational opportunities to meet other than exclusively local needs while preserving basic resource values for present and future generations. (f) A “state water quality protection area” is a nonterrestrial marine or estuarine area designated to protect marine species or biological communities from an undesirable alteration in natural water quality, including, but not limited to, areas of special biological significance that have been designated by the State Water Resources Control Board through its water quality control planning process. “Areas of special biological significance” are a subset of state water quality protection areas, and require special protection as determined by the State Water Resources Control Board pursuant to the California Ocean Plan adopted and reviewed pursuant to Article 4 (commencing with Section 13160) of Chapter 3 of Division 7 of the Water Code and pursuant to the Water Quality Control Plan for Control of Temperature in the Coastal and Interstate Waters and Enclosed Bays and Estuaries of California (California Thermal Plan) adopted by the state board. (Amended by Stats. 2004, Ch. 854, Sec. 2. Effective January 1, 2005.)
  78. 36710.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. )

    Verify source ↗

    This section sets use restrictions for different state marine protected area types and lets agencies allow, limit, or prohibit certain activities.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36710. (a) In a state marine reserve, it is unlawful to injure, damage, take, or possess any living geological, or cultural marine resource, except under a permit or specific authorization from the managing agency for research, restoration, or monitoring purposes. While, to the extent feasible, the area shall be open to the public for managed enjoyment and study, the area shall be maintained to the extent practicable in an undisturbed and unpolluted state. Access and use for activities including, but not limited to, walking, swimming, boating, and diving may be restricted to protect marine resources. Research, restoration, and monitoring may be permitted by the managing agency. Educational activities and other forms of nonconsumptive human use may be permitted by the designating entity or managing agency in a manner consistent with the protection of all marine resources. (b) In a state marine park, it is unlawful to injure, damage, take, or possess any living or nonliving marine resource for commercial exploitation purposes. Any human use that would compromise protection of the species of interest, natural community or habitat, or geological, cultural, or recreational features may be restricted by the designating entity or managing agency. All other uses are allowed, including scientific collection with a permit, research, monitoring, and public recreation, including recreational harvest, unless otherwise restricted. Public use, enjoyment, and education are encouraged, in a manner consistent with protecting resource values. (c) In a state marine conservation area, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource for commercial or recreational purposes, or a combination of commercial and recreational purposes, that the designating entity or managing agency determines would compromise protection of the species of interest, natural community, habitat, or geological features. The designating entity or managing agency may permit research, restoration, monitoring, education, and recreational activities, and certain commercial and recreational harvest of marine resources. (d) In a state marine cultural preservation area, it is unlawful to damage, take, or possess any cultural marine resource. Complete integrity of the cultural resources shall be sought, and no structure or improvements that conflict with that integrity shall be permitted. No other use is restricted. (e) In a state marine recreational management area, it is unlawful to perform any activity that, as determined by the designating entity or managing agency, would compromise the recreational values for which the area may be designated. Recreational opportunities may be protected, enhanced, or restricted, while preserving basic resource values of the area. No other use is restricted. (f) In a state water quality protection area, waste discharges shall be prohibited or limited by the imposition of special conditions in accordance with the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) and implementing regulations, including, but not limited to, the California Ocean Plan adopted and reviewed pursuant to Article 4 (commencing with Section 13160) of Chapter 3 of Division 7 of the Water Code and the Water Quality Control Plan for Control of Temperature in the Coastal and Interstate Waters and Enclosed Bays and Estuaries of California (California Thermal Plan) adopted by the state board. No other use is restricted. (Amended by Stats. 2021, Ch. 368, Sec. 1. (AB 63) Effective January 1, 2022.)
  79. 36711.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. )

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    Classifications in Section 36710 must not conflict with United States military activities that the military deems mission critical.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36711. The classifications contained in Section 36710 may not be inconsistent with United States military activities deemed mission critical by the United States military. (Added by Stats. 2003, Ch. 610, Sec. 25. Effective January 1, 2004.)
  80. 36725.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. )

    Verify source ↗

    This section lets several California agencies designate, delete, modify, manage, and restrict certain marine and water quality protection areas, but it also requires concurrence in some cases and bars some actions without it.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36725. (a) The Fish and Game Commission may designate, delete, or modify state marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas. The Fish and Game Commission shall consult with, and secure concurrence from, the State Parks and Recreation Commission prior to modifying or deleting state marine reserves and state marine conservation areas designated by the State Parks and Recreation Commission. The Fish and Game Commission shall not delete or modify state marine recreational management areas designated by the State Parks and Recreation Commission. (b) The State Parks and Recreation Commission may designate, delete, or modify state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas. The State Parks and Recreation Commission may not designate, delete, or modify a state marine reserve, state marine park, or state marine conservation area without the concurrence of the Fish and Game Commission on any proposed restrictions upon, or change in, the use of living marine resources. (c) If an unresolved conflict exists between the Fish and Game Commission and the State Parks and Recreation Commission regarding a state marine reserve, state marine park, or state marine conservation area, the Secretary of the Resources Agency may reconcile the conflict. (d) The State Water Resources Control Board may designate, delete, or modify state water quality protection areas. (e) The Fish and Game Commission, State Parks and Recreation Commission, and State Water Resources Control Board each may restrict or prohibit recreational uses and other human activities in the MMAs for the benefit of the resources therein, except in the case of restrictions on the use of living marine resources. Pursuant to this section, and consistent with Section 2860 of the Fish and Game Code, the Fish and Game Commission may regulate commercial and recreational fishing and any other taking of marine species in MMAs. (f) (1) The Department of Fish and Game may manage state marine reserves, state marine conservation areas, state marine recreational management areas established for hunting purposes and, if requested by the State Water Resources Control Board, state water quality protection areas. (2) The Department of Parks and Recreation may manage state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas. Department authority over units within the state park system shall extend to units of the state MMAs system that are managed by the department. (3) The State Water Resources Control Board and the California regional water quality control boards may take appropriate actions to protect state water quality protection areas. The State Water Resources Control Board may request the Department of Fish and Game or the Department of Parks and Recreation to take appropriate management action. (Amended by Stats. 2004, Ch. 183, Sec. 299. Effective January 1, 2005.)
  81. 36750.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. )

    Verify source ↗

    Some marine managed areas existing on January 1, 2002 must be reclassified under Section 36700 by January 1, 2003, and other classification uses must stop for marine and estuarine environments, with a limited continuing use for terrestrial and freshwater environments where applicable.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36750. Any MMA in existence on January 1, 2002, that has not been reclassified in accordance with the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish and Game Code), shall be reclassified under the classification system described in Section 36700 by January 1, 2003, based upon the management purpose and level of resource protection at each site on January 1, 2002. Upon the reclassification of existing sites, but no later than January 1, 2003, the use of all other classifications shall cease for the marine and estuarine environments of the state, though the classifications may continue to be used for the terrestrial and freshwater environments where applicable. The reclassification process shall be the responsibility of the State Interagency Coordinating Committee established pursuant to Section 36800, and shall occur to the extent feasible in conjunction and consistent with the MMA master planning process created pursuant to the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish and Game Code). (Added by Stats. 2000, Ch. 385, Sec. 22. Effective January 1, 2001.)
  82. 3680.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 4. Liens [3680 - 3681] ( Article 4 added by Stats. 1971, Ch. 1673. )

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    A creditor for unit-operation expenses may secure payment by filing an affidavit and fixing a lien on the debtor’s interest in unit production, if the notice and filing requirements are met.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 4. Liens [3680 - 3681] ( Article 4 added by Stats. 1971, Ch. 1673. ) ## 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 the interest of the debtor in the unit production as and when produced from the unit area by filing for record with the recorder of the county where the property or a portion thereof involved is located, an affidavit setting forth all of the following: (a) In general terms the kind of materials, tools, equipment, or supplies furnished or labor or services performed. (b) A description of the land involved, the name of the debtor, and his interest in the production from the unit area. (c) The amount which is still due and unpaid. (d) A statement that at least 20 days prior to the date of the affidavit such person gave written notice to the debtor by registered mail at his last known address, setting forth the information required under subdivisions (a), (b), and (c) of this section. Any such affidavit shall be filed for record not later than 90 days after the delivery of the property or the completion of the labor. (Added by Stats. 1971, Ch. 1673.)
  83. 36800.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. )

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    The Secretary of the Resources Agency must establish and chair a committee, and may designate additional members. The committee must review MMA proposals and related site proposals and regulations.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36800. The Secretary of the Resources Agency shall establish and chair the State Interagency Coordinating Committee, whose members are representatives from those state agencies, departments, boards, commissions, and conservancies with jurisdiction or management interests over marine managed areas, including, but not limited to, the Department of Fish and Game, Department of Parks and Recreation, California Coastal Commission, State Water Resources Control Board, and State Lands Commission. The Secretary of the Resources Agency shall designate additional members of the committee. The committee shall review proposals for new or amended MMAs to ensure that the minimum required information is included in the proposal, to determine those state agencies that should review the proposal, and to ensure consistency with other such designations in the state. The committee shall also serve to ensure the proper and timely routing of site proposals, review any proposed site-specific regulations for consistency with the state system as a whole, and conduct periodic reviews of the statewide system to evaluate whether it is meeting the mission and statement of objectives. (Added by Stats. 2000, Ch. 385, Sec. 22. Effective January 1, 2001.)
  84. 3681.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 4. Liens [3680 - 3681] ( Article 4 added by Stats. 1971, Ch. 1673. )

    Verify source ↗

    A lien on production is treated as a first lien and follows the same foreclosure rules and timing as mechanics’ liens.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 4. Liens [3680 - 3681] ( Article 4 added by Stats. 1971, Ch. 1673. ) ## 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 time as mechanics’ liens. In any case where the lien claimant is in possession of the production which is subject to the lien, the supervisor may authorize the lien claimant to sell such production or so much thereof as may be necessary to satisfy such lien, provided that the supervisor shall hold or arrange for the holding of the proceeds of such sale for appropriate distribution upon a determination of the controversy. (Added by Stats. 1971, Ch. 1673.)
  85. 3685.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 5. Regulations [3685- 3685.] ( Article 5 added by Stats. 1971, Ch. 1673. )

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    The supervisor must adopt regulations within three months after this chapter takes effect, after holding one or more public hearings.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 5. Regulations [3685- 3685.] ( Article 5 added by Stats. 1971, Ch. 1673. ) ## 3685. Within three months after the effective date of this chapter, the supervisor shall, after one or more public hearings, adopt regulations governing the submittal of proposed unit agreements, modifications thereof, additions thereto, and disagreements with respect to unit operations. The regulations shall include, but not be limited to, requirements for filing fees sufficient to cover the costs of administration, and submittal of policies of title insurance. The regulations may be amended from time to time by the supervisor with the approval of the director. (Added by Stats. 1971, Ch. 1673.)
  86. 36850.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. )

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    Appropriate managing agencies must jointly develop designation guidelines for state MMA classifications, in cooperation with the committee, by January 1, 2002.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36850. Designation guidelines based on the classification goals adopted for the state system of MMAs shall be developed jointly by the appropriate managing agencies in cooperation with the committee on or before January 1, 2002. These guidelines shall be used to provide a general sense of requirements for designating a site in any particular classification, and may include characteristics such as uniqueness of the area or resource, biological productivity, special habitats, cultural or recreational values, and human impacts to the area. These designation guidelines shall be provided on a standard set of instructions for each classification. (Added by Stats. 2000, Ch. 385, Sec. 22. Effective January 1, 2001.)
  87. 36870.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. )

    Verify source ↗

    The committee must set standard instructions for classification proposals by January 1, 2002, and designating entities must adopt site proposal guidelines by January 1, 2003.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36870. On or before January 1, 2002, the committee shall establish a standard set of instructions for each classification to guide organizations and individuals in submitting proposals for designating specific sites or networks of sites. On or before January 1, 2003, the relevant site proposal guidelines shall be adopted by each designating entity. (a) At a minimum, each proposal shall include the following elements for consideration for designation as an MMA: (1) Name of individual or organization proposing the designation. (2) Contact information for the individual or organization, including contact person. (3) Proposed classification. (4) Proposed site name. (5) Site location. (6) Need, purpose, and goals for the site. (7) Justification for the manner in which the proposed site meets the designation criteria for the proposed classification. (8) A general description of the proposed site’s pertinent biological, geological, and cultural resources. (9) A general description of the proposed site’s existing recreational uses, including fishing, diving, boating, and waterfowl hunting. (b) The following elements, if not included in the original proposal, shall be added by the proposed managing agency in cooperation with the individual or organization making the proposal, prior to a final decision regarding designation: (1) A legal description of the site boundaries and a boundary map. (2) A more detailed description of the proposed site’s pertinent biological, geological, cultural, and recreational resources. (3) Estimated funding needs and proposed source of funds. (4) A plan for meeting enforcement needs, including on-site staffing and equipment. (5) A plan for evaluating the effectiveness of the site in achieving stated goals. (6) Intended educational and research programs. (7) Estimated economic impacts of the site, both positive and negative. (8) Proposed mechanisms for coordinating existing regulatory and management authority, if any exists, within the area. (9) An evaluation of the opportunities for cooperative state, federal, and local management, where the opportunities may exist. (Added by Stats. 2000, Ch. 385, Sec. 22. Effective January 1, 2001.)
  88. 3690.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 6. Preemption [3690- 3690.] ( Article 6 added by Stats. 1971, Ch. 1673. )

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    This section says the chapter does not take away cities’ and counties’ existing ability to regulate oil production activities.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3.5. Unit Operation [3630 - 3690] ( Chapter 3.5 added by Stats. 1971, Ch. 1673. ) ## ARTICLE 6. Preemption [3690- 3690.] ( Article 6 added by Stats. 1971, Ch. 1673. ) ## 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 the conduct and location of oil production activities, including, but not limited to, zoning, fire prevention, public safety, nuisance, appearance, noise, fencing, hours of operation, abandonment, and inspection. (Added by Stats. 1971, Ch. 1673.)
  89. 36900.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. )

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    This section lets people or organizations submit MMA proposals and requires committee and agency review, public review, and related scientific review steps.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 7. Marine Managed Areas Improvement Act [36600 - 36900] ( Chapter 7 added by Stats. 2000, Ch. 385, Sec. 22. ) ## ARTICLE 2. Classifications, Designations, Restrictions, and Allowable Uses [36700 - 36900] ( Article 2 added by Stats. 2000, Ch. 385, Sec. 22. ) ## 36900. Individuals or organizations may submit a proposal to designate an MMA directly through the committee or an appropriate designating entity. Proposals submitted to a designating entity shall be forwarded to the committee to initiate the review process. Proposals for designating, deleting, or modifying MMAs may be submitted to the committee or a designating entity at any time. The committee and scientific review panel established pursuant to subdivision (b) shall annually consider and promptly act upon proposals until an MPA master plan is adopted pursuant to subdivision (b) of Section 2859 of the Fish and Game Code, and thereafter, no less than once every three years. Upon adoption of a statewide MPA plan, subsequent site proposals determined by the committee to be consistent with that plan shall be eligible for a simplified and cursory review of not more than 45 days. (a) The committee shall review proposals to ensure that the minimum required information is included in the proposal, to determine those state agencies that should review the proposal, and to ensure consistency with other designations of that type in the state. After initial review by the coordinating committee and appropriate agencies, the proposal shall be forwarded to a scientific review panel established pursuant to subdivision (b). (b) The Secretary of the Resources Agency shall establish a scientific review panel, with statewide representation and direction from the committee, to evaluate proposals for technical and scientific validity, including consideration of such things as site design criteria, location, and size. This panel, to the extent practical, shall be the same as the master plan team used in the process set forth in the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish and Game Code). Members shall maintain familiarity with the types and effectiveness of MMAs used in other parts of the world for potential application to California. Members shall be reimbursed reasonable costs to participate in the activities of the panel. Where feasible, advice shall be sought from the appropriate federal agencies and existing regional or statewide marine research panels and advisory groups. After review by the scientific review panel, the committee shall forward the proposal and any recommendations to the appropriate designating entity for a public review process. (c) Designating entities shall establish a process that provides for public review and comment in writing and through workshops or hearings, consistent with the legal mandates applicable to designating entities. All input provided by the committee and scientific review panel shall be made available to the public during this process. Outreach shall be made to the broadest ocean and coastal constituency possible, and shall include commercial and sport fishing groups, conservation organizations, waterfowl groups and other recreational interests, academia, the general public, and all levels of government. (d) This process does not replace the need to obtain the appropriate permits or reviews of other government agencies with jurisdiction or permitting authority. (e) Nothing in this section shall be construed as altering or impeding the process identified under the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish and Game Code) or the actions of the master plan team described in that act. (Added by Stats. 2000, Ch. 385, Sec. 22. Effective January 1, 2001.)
  90. 36970.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 1. General Provisions [36970 - 36973] ( Article 1 added by Stats. 2000, Ch. 516, Sec. 1. )

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    This section names the chapter the California Ocean Resources Stewardship Act of 2000 (CORSA).

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 1. General Provisions [36970 - 36973] ( Article 1 added by Stats. 2000, Ch. 516, Sec. 1. ) ## 36970. This chapter shall be known, and may be cited, as the California Ocean Resources Stewardship Act of 2000 (CORSA). (Added by Stats. 2000, Ch. 516, Sec. 1. Effective January 1, 2001.)
  91. 36971.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 1. General Provisions [36970 - 36973] ( Article 1 added by Stats. 2000, Ch. 516, Sec. 1. )

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    The Legislature states findings about California’s ocean resources, climate impacts, and the need for better management and coordination.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 1. General Provisions [36970 - 36973] ( Article 1 added by Stats. 2000, Ch. 516, Sec. 1. ) ## 36971. The Legislature finds and declares all of the following: (a) The Pacific Ocean and its rich and varied resources provide great environmental, economic, aesthetic, recreational, health, educational, and scientific benefits to the people of California and the nation. The 840-mile coastline and ocean enriches us through a marine economy of over $44 billion, in 2012 dollars, annually. (b) Much of the quality of life and economic vibrancy supported by the state’s ocean resources depends on successful management of those resources, and successful management depends on an adequate understanding of the natural, ecological, oceanographic, and coastal processes and their interactions with varied human activities, including the impacts of climate change. (c) The state is working to maintain and increase the benefits of its ocean resources to the public; a goal that increases the need for sound management and greater practical understanding of the state’s ocean and coastal resources. (d) Although California is making progress in ocean management efforts, unsolved existing challenges also point to the need for greater improvements in management and the basic information needed for sound management. Examples of existing challenges include depressed populations of many species that are the targets of state and federally managed fisheries, pollution that results in beach and fishery closures, dredging and dredge spoils disposal necessary to keep the state’s ports competitive, changing ocean chemistry and ecological impacts resulting from climate change, and coastal erosion that threatens structures and reduces the quality of beaches. (e) Beginning in 2006, California has developed and periodically updated California Climate Change Assessments that assess the impacts and risks from climate change and identify potential solutions focused on integrated action by California. (f) As direct and indirect social, cultural, and economic impacts of climate change continue to amplify and worsen, governance across multiple government sectors, such as infrastructure, natural ecosystem protection, agriculture and aquaculture, and many others, will require a higher degree of coordination relative to developing new research and approaches for effective action. (g) State and federal agencies with ocean and coastal resource management responsibility often lack basic information on which to base decisions, and many management issues are broader than the mandates of individual agencies, and existing means for coordinating agency efforts need to be improved. The result can be ad hoc, short-term management decisions based on inadequate information. (h) California has a wealth of outstanding public and private marine science institutions that have increased their commitments to excellence in applied ocean resource science. Approximately one hundred million dollars ($100,000,000) in current, recent, or planned marine science projects funded by the federal government, foundations, the University of California and California State University systems, and private institutions could be of great benefit to the state’s coastal and ocean resource management agencies. (i) The obstacles to collaborative efforts involving those institutions and agencies include all of the following: (1) Inadequate coordination among marine science institutions. (2) Inadequate guidance from management agencies about information needs for management. (3) Important gaps in information, duplication of effort, missed opportunities, and unusable information due to the lack of standardized and coordinated information management techniques. The circumstances and needs identified in the findings in this section are among those recognized in this chapter and in the 1997 report prepared by the Resources Agency entitled “California’s Ocean Resources: An Agenda for the Future.” This chapter is intended to address some of the basic objectives of that report. (Amended by Stats. 2022, Ch. 208, Sec. 1. (AB 2287) Effective January 1, 2023.)
  92. 36972.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 1. General Provisions [36970 - 36973] ( Article 1 added by Stats. 2000, Ch. 516, Sec. 1. )

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    The state’s policy is to improve coordination, use resources efficiently, and advance ocean science, education, and technology development.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 1. General Provisions [36970 - 36973] ( Article 1 added by Stats. 2000, Ch. 516, Sec. 1. ) ## 36972. The Legislature further finds that it is the policy of the state to do all of the following: (a) Ensure adequate coordination of ocean resources management science among state, regional, and federal agencies and marine science institutions, including, but not limited to, science related to climate change mitigation and adaptation. (b) Ensure the most efficient and effective use of state resources devoted to ocean resource management science and encourage the contribution of federal and nongovernmental resources. (c) Advance applied ocean science, graduate-level education, and technology development to meet current and future California ocean resource management needs. (Amended by Stats. 2022, Ch. 208, Sec. 2. (AB 2287) Effective January 1, 2023.)
  93. 36973.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 1. General Provisions [36970 - 36973] ( Article 1 added by Stats. 2000, Ch. 516, Sec. 1. )

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    This section says the chapter does not create authority to delay or deny projects, and it does not override current state agency statutory authority.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 1. General Provisions [36970 - 36973] ( Article 1 added by Stats. 2000, Ch. 516, Sec. 1. ) ## 36973. (a) No authority is established by this chapter, nor shall any of its purposes or provisions be used by any public or private agency or person, to delay or deny any existing or future project or activity. (b) No authority is established by this chapter to supersede current state agency statutory authority. (Added by Stats. 2000, Ch. 516, Sec. 1. Effective January 1, 2001.)
  94. 36979.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 2. Definitions [36979- 36979.] ( Article 2 added by Stats. 2000, Ch. 516, Sec. 1. )

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    This section defines “Ocean resources,” “Trust,” and “Trustees” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 2. Definitions [36979- 36979.] ( Article 2 added by Stats. 2000, Ch. 516, Sec. 1. ) ## 36979. For purposes of this chapter, the following terms shall have the following meanings: (a) “Ocean resources” means all living and nonliving resources found in the Pacific Ocean and its contiguous saline or brackish bays and estuaries. (b) “Trust” means the California Ocean Science Trust authorized by Section 36990. (c) “Trustees” means the trustees of the trust. (Amended by Stats. 2022, Ch. 208, Sec. 3. (AB 2287) Effective January 1, 2023.)
  95. 36990.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. )

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    The Secretary may create the California Ocean Science Trust through an agreement with a qualifying nonprofit. The trust may fund and administer ocean science work, and some agencies may make direct agreements with it.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. ) ## 36990. (a) The Secretary of the Natural Resources Agency may enter into an agreement with an existing nonprofit corporation with broad experience as the trustee of public funds, court-ordered mitigation funds, or other funds used to assist public agencies in carrying out their responsibilities to establish a nongovernmental trust, to be known as the California Ocean Science Trust. (b) The purposes of the trust shall be all of the following: (1) To seek funds for California ocean resource science projects, emphasizing the development of new funding sources. (2) To fund California ocean resource science projects that help fulfill the missions of the state’s ocean resource management agencies. (3) To encourage coordinated, multiagency, multiinstitution approaches to ocean resource science to deliver actionable science solutions that accelerate equitable climate change adaptation. (4) To encourage graduate education programs, training, and workforce development opportunities in management-oriented ocean resource science in public and private universities and colleges in California. (5) To encourage new technologies that reduce the cost, increase the amount, or improve the quality of ocean resource management information. (6) To promote more effective coordination of California ocean resource science useful to management agencies. (c) The trust may administer grants and expenditures of the trust for purposes consistent with this chapter from private and public fund sources, including, but not limited to, direct appropriations from the annual Budget Act and block grants from other state agencies with relevant need for coordination and engagement with the trust. (d) (1) For the purpose of developing and providing peer reviews, technical guidance, or scientific reports and analyses to state agencies and departments with relevant need, the trust may engage with scientific experts through convenings, including panels, workshops, or symposia, to gain knowledge, solutions, and recommendations for topics consistent with subdivision (b). (2) As funding allows, the trust shall develop an annual list of topics, consistent with subdivision (b), that the trust will undertake to deliver the content pursuant to paragraph (1) to state agencies and departments. (e) (1) The Natural Resources Agency, the California Environmental Protection Agency, or an entity within the Natural Resources Agency or the California Environmental Protection Agency may enter into a direct agreement with the trust for the delivery of peer reviews, technical guidance, or scientific reports and analyses pursuant to subdivision (d). (2) As used in this subdivision, “entity” includes, but is not limited to, a department, board, commission, or conservancy. (Amended by Stats. 2024, Ch. 470, Sec. 2. (SB 1324) Effective January 1, 2025.)
  96. 36991.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. )

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    The trust is subject to the Nonprofit Public Benefit Corporation Law, and if that law conflicts with this chapter, this division controls.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. ) ## 36991. The trust shall be subject to the Nonprofit Public Benefit Corporation Law, Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. To the extent of any conflict between this chapter and the Nonprofit Public Benefit Corporation Law, this division shall prevail. (Added by Stats. 2000, Ch. 516, Sec. 1. Effective January 1, 2001.)
  97. 36992.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. )

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    The trust must have 10 trustees, and several state officials must appoint them in the ways described here.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. ) ## 36992. The trust shall have 10 trustees, who shall be appointed as follows: (a) The Secretary of the Resources Agency shall appoint the following trustees, who shall serve at the pleasure of the secretary: (1) One trustee who shall represent the Resources Agency and the departments and commissions within the Resources Agency with ocean resource management responsibilities and who may be an employee of the state. (2) Three trustees from a list of candidates submitted jointly by the President of the University of California and the Chancellor of the California State University, who shall be chosen for their broad knowledge of ocean resource management and science. At least one of the three trustees shall not be an employee or on the faculty of the University of California or California State University. (3) Two trustees who shall be representatives of the public selected primarily for their experience as trustees or directors of for-profit or nonprofit corporations. (4) Two trustees from nominees submitted by coast and ocean interest groups including, but not limited to, interest groups representing sport fishing, commercial fishing, coast and ocean recreation and tourism, marine conservation, and ocean-dependent industries. In making the appointments pursuant to this paragraph, the factors to be considered shall include the nominees’ acceptability to a range of coast and ocean interests, and their experience as trustees or directors of for profit or nonprofit corporations. (b) The Secretary for Environmental Protection shall appoint one trustee, who shall serve at the pleasure of the secretary, and who shall have broad knowledge of water quality concerns as they relate to ocean resource management. (c) The Director of Finance shall appoint one trustee, who shall serve at the pleasure of the director. (d) To the extent feasible, the trustees appointed to the trust pursuant to subdivisions (a), (b), and (c) shall balance, and reflect the breadth of, public interests concerned with ocean resources. (Added by Stats. 2000, Ch. 516, Sec. 1. Effective January 1, 2001.)
  98. 36993.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. )

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    People who may gain a direct financial benefit from the trust’s activities cannot serve as trustees. Trustees must adopt trust conflict-of-interest rules with the Secretary for Resources’ approval, and trustees serve without compensation but may be reimbursed for reasonable expenses.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. ) ## 36993. (a) Any person who might reasonably be expected at some time to derive a direct financial benefit from the activities of the trust shall be ineligible to serve as a trustee. (b) Subject to the approval of the Secretary for Resources, the trustees shall adopt definitions and rules for the trust with respect to indirect conflicts of interest. (c) All trustees shall serve without compensation. However, trustees may be reimbursed by the trust for reasonable expenses. (Added by Stats. 2000, Ch. 516, Sec. 1. Effective January 1, 2001.)
  99. 36994.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. )

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    The trust must spend and manage its funds only for authorized trust purposes, keep written findings and records, file an annual written report, and avoid lobbying or political support activities.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. ) ## 36994. (a) The trust shall do all of the following: (1) Expend funds only for the purposes of the trust enumerated in Section 36990 and as further restricted by the sources of the trust’s funding. (2) Make written findings for funds committed for projects, indicating how the projects further the purposes of the trust enumerated in Section 36990. (3) Require the recipient of funds to keep records necessary to disclose whether the funds were used for the purposes specified by the trust. (4) Invest and manage the funds of the trust in accordance with the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). (5) The trust shall report in writing annually to the Legislature and to the Chair of the Joint Committee on Fisheries and Aquaculture. The annual report shall include the most recent financial audit of the trust and the written findings required pursuant to paragraph (2). The activities of the trust for any financial year may be audited by the Bureau of State Audits. (b) The trustees shall ensure that the trust, individual trustees acting on behalf of the trust and employees or agents of the trust do not engage in lobbying or contribute to, or otherwise support, any political party, candidate, or ballot issue. (c) This chapter does not expand the authority of the trust to contract for professional services beyond the authority to contract for those services in Section 19130 of the Government Code. (Added by Stats. 2000, Ch. 516, Sec. 1. Effective January 1, 2001.)
  100. 36995.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. )

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    The trust may consult advisers and form advisory committees. Advisers must serve without compensation, though the trust may reimburse reasonable expenses.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 8. The California Ocean Resources Stewardship Act of 2000 [36970 - 36995] ( Chapter 8 added by Stats. 2000, Ch. 516, Sec. 1. ) ## ARTICLE 4. California Ocean Science Trust [36990 - 36995] ( Heading of Article 4 amended by Stats. 2022, Ch. 208, Sec. 5. ) ## 36995. (a) The trust may seek the assistance of advisers, form advisory committees, or otherwise consult with knowledgeable individuals in regard to the business of the trust. (b) Advisers shall serve without compensation. However, advisers may be reimbursed by the trust for reasonable expenses. (Added by Stats. 2000, Ch. 516, Sec. 1. Effective January 1, 2001.)
  101. 3700.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    California states that geothermal resource wells should be regulated through the State Oil and Gas Supervisor’s authority.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 that the State of California, through the authority vested in the State Oil and Gas Supervisor, should exercise its power and jurisdiction to require that wells for the discovery and production of geothermal resources be drilled, operated, maintained and abandoned in such manner as to safeguard life, health, property, and the public welfare, and to encourage maximum economic recovery. (Amended by Stats. 1967, Ch. 1398.)
  102. 37000.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 1. Intent [37000 - 37001] ( Chapter 1 added by Stats. 2000, Ch. 113, Sec. 1. )

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    This division is named the Natural Heritage Preservation Tax Credit Act of 2000 and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 1. Intent [37000 - 37001] ( Chapter 1 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37000. This division shall be known and may be cited as the “Natural Heritage Preservation Tax Credit Act of 2000.” (Added by Stats. 2000, Ch. 113, Sec. 1. Effective July 10, 2000.)
  103. 37001.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 1. Intent [37000 - 37001] ( Chapter 1 added by Stats. 2000, Ch. 113, Sec. 1. )

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    This section states the Legislature’s intent to use tax credits and related tools to protect wildlife habitat, open space, and agricultural lands while supporting economic development and resolving land and water disputes.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 1. Intent [37000 - 37001] ( Chapter 1 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37001. The Legislature finds and declares all of the following: (a) The continued economic development of California will be fostered and improved if conflicts over the use of natural resources can be resolved without litigation or disputes. (b) The economic development of California can be facilitated if endangered species and other forms of plants, fish, and wildlife can be protected quickly and efficiently, so that development and agricultural use can proceed on other lands. (c) Water allocation decisions could be eased if water could be provided for fish, wildlife, and aquatic and riparian habitat without objection by other water users. (d) The intent of this division is to accommodate economic development and resolve land use and water disputes in a manner beneficial to all people in California, and to the benefit of California environmental quality. (e) The further intent of this division is to foster partnerships between the public and private sectors to resolve disputes and promote economic growth and environmental quality. (f) Conservation easements protect land, keep land in private ownership and on the tax rolls, and, where appropriate, are the preferred method to protect agricultural and habitat values. (g) The value of wildlife habitat to the state is very high, especially in the case of implementing habitat conservation plans and multispecies conservation plans. (h) Habitat stewardship shall be assisted and rewarded, and it is in the state’s interest to encourage landowners to perceive habitat as an asset rather than a liability. (i) It is the intent of the Legislature, in enacting this division, to provide an additional tool for the protection of wildlife habitat, open space, and agricultural lands. However, there continues to be a recognized need for additional funding sources for park, wildlife, and recreation facilities, as well as for the preservation of open space and agricultural lands. (j) It is the intent of the Legislature in enacting this division to protect wildlife habitat, open space, and agricultural lands by providing up to one hundred million dollars ($100,000,000) in tax credits for donations of qualified land. (Added by Stats. 2000, Ch. 113, Sec. 1. Effective July 10, 2000.)
  104. 37002.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 2. Definitions [37002- 37002.] ( Chapter 2 added by Stats. 2000, Ch. 113, Sec. 1. )

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    This section defines key terms used in the Natural Heritage Preservation Tax Credit Act of 2000.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 2. Definitions [37002- 37002.] ( Chapter 2 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37002. As used in this division, the following terms have the following meanings: (a) “Approval” or “approval for acceptance” means the board’s approval of the granting of a tax credit for a donation of property pursuant to the program. (b) “Board” means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 2 of the Fish and Game Code. (c) “Conservation easement” means a conservation easement, as defined by Section 815.1 of the Civil Code, that is contributed in perpetuity. (d) “Department” means any entity created by statute within the Natural Resources Agency and authorized to hold title to land, or the Natural Resources Agency. (e) (1) “Designated nonprofit organization” means a nonprofit organization qualified under Section 501(c)(3) of Title 26 of the United States Code that has as a principal purpose the conservation of land and water resources and that is designated by a local government or a department to accept property pursuant to this division in lieu of the local government or a department. In order to be eligible to receive a donation of property pursuant to this division, a nonprofit organization shall have experience in land conservation. (2) If bond funds are used pursuant to Chapter 7 (commencing with Section 37030), the designated nonprofit organization shall also meet the eligibility requirements specified in the relevant provision of the applicable bond act, for a nonprofit organization. (f) “Donee” means any of the following: (1) A department to which a donor has applied to donate property. (2) A local government that has submitted a joint application with a department requesting approval of a donation of property to that local government. (3) A local government that has submitted an application directly to the board. (4) A designated nonprofit organization. (g) “Donor” means a property owner that donates, or submits an application to donate, property pursuant to the program. (h) (1) “Local government” means any city, county, city and county, or any district, as defined in Section 5902 or in Division 26 (commencing with Section 35100), or any joint powers authority made up of one or more of those entities or those entities and departments. (2) If bond funds are used pursuant to Chapter 7 (commencing with Section 37030), “local government” also includes any other local governmental entity eligible to receive bond funds pursuant to the relevant provision of the applicable bond act. (i) “Program” means the Natural Heritage Preservation Tax Credit Program authorized by this division. (j) “Property” means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights, as well as water rights. (k) “Secretary” means the Secretary of the Natural Resources Agency. (Amended by Stats. 2009, Ch. 220, Sec. 2. (AB 94) Effective January 1, 2010.)
  105. 37005.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 3. Natural Heritage Preservation Tax Credit Program [37005 - 37006] ( Chapter 3 added by Stats. 2000, Ch. 113, Sec. 1. )

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    The Wildlife Conservation Board must implement the program, and it may request staff services from a department that submits an application and proposal for a property donation.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 3. Natural Heritage Preservation Tax Credit Program [37005 - 37006] ( Chapter 3 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37005. The Wildlife Conservation Board shall implement the program. The board may request staff services from any department that submits an application and a proposal for a donation of property to the board. (Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 2. Effective January 1, 2001.)
  106. 37006.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 3. Natural Heritage Preservation Tax Credit Program [37005 - 37006] ( Chapter 3 added by Stats. 2000, Ch. 113, Sec. 1. )

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    A donor may give qualified property and get a tax credit if the board approves, and the board must issue program guidelines or regulations.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 3. Natural Heritage Preservation Tax Credit Program [37005 - 37006] ( Chapter 3 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37006. (a) Under the program, upon approval by the board, a donor may contribute qualified property to a donee and receive a tax credit for a portion of the value of the property, as provided in Sections 17053.30 and 23630 of the Revenue and Taxation Code. (b) The board shall adopt guidelines or regulations to implement the program, including procedures for applications submitted pursuant to Chapter 4 (commencing with Section 37010) and for the evaluation of properties proposed to be contributed pursuant to the program. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the guidelines or regulations adopted pursuant to this section. (Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 3. Effective January 1, 2001.)
  107. 3701.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    This section defines “geothermal resources” by reference to Section 6903 of the code.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3701. For the purposes of this chapter, “geothermal resources” shall mean geothermal resources as defined in Section 6903 of this code. (Amended by Stats. 1967, Ch. 1398.)
  108. 37010.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. )

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    Applications must be submitted to the donee the donor plans to contribute the property to.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37010. Applications shall be submitted to the donee to which the donor proposes to contribute the property. (Added by Stats. 2000, Ch. 113, Sec. 1. Effective July 10, 2000.)
  109. 37011.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. )

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    Each application must include specified donor, property, appraisal, and certification information.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37011. At a minimum, each application shall contain all of the following: (a) The identification of the donor and donee. (b) A description of the property, including documentation of how the property meets the criteria and qualifies for acceptance under the program. (c) A property appraisal meeting the requirements of Section 170 of Title 26 of the United States Code, setting forth the fair market value of the property. (d) (1) A certification by the donor that the donor received no other valuable consideration for the donation of property. (2) A certification by the donor that the contribution was not, and is not, required to satisfy a condition imposed upon the donor by any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, the mitigation of significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (e) A certification by the donor that the application discloses any known or suspected environmental conditions associated with the property. (Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 4. Effective January 1, 2001.)
  110. 37012.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. )

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    This section tells donees, the board, and the department how to process property donations and related approvals.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37012. (a) Each donee shall evaluate applications submitted to it and prepare a plan for the board that sets forth the donee’s priorities for acquisition of property that qualifies under the program. Consistent with the criteria established for the program, each donee may use its own priority lists and procedures in determining which properties or types of properties shall be given priority. (b) Each donee or the board may request that the applicant supply further information reasonably necessary to allow the donee or the board to evaluate the proposed donation. (c) The department may accept contributions of money from any taxpayer to pay or reimburse the costs of appraisal, escrow, title, and other transaction costs associated with the contribution of any particular property or set of properties, including any environmental assessments required by the department, and the costs of preparing any necessary management plan for the property or set of properties. (d) Prior to acquiring an easement or other interest in land pursuant to this division, a public hearing shall be held by the donee, if the donee is a public agency, or by the board if the donee is a designated nonprofit organization, in the local community. Notice shall be given by the donee or the board to the county board of supervisors of the affected county, adjacent landowners, affected water districts, local municipalities, and other interested parties, as determined by the donee or the board. (e) When submitting a donation of qualified property to the board for final approval, the donee shall provide the board with the fair market value of the property proposed for acceptance, based on appraisals that have been reviewed and approved by the Department of General Services. (Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 5. Effective January 1, 2001.)
  111. 37013.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. )

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    The board must give the Joint Legislative Budget Committee and the Franchise Tax Board a list of specified donation and tax credit information.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37013. The board shall provide a list to the Joint Legislative Budget Committee and the Franchise Tax Board, in the form and manner determined by the Franchise Tax Board, of the names, taxpayer identification numbers, including taxpayer identification numbers of each partner or shareholder, as applicable, a legal description of the donated property, and the total amount of the tax credit approved for each donation. (Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 6. Effective January 1, 2001.)
  112. 37014.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. )

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    Assets received by a donee under this division are not treated as certain Fish and Game Code transfers, and specified public funds may not be used to pay for the tax credit.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 4. Procedures [37010 - 37014] ( Chapter 4 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37014. Assets received by a donee pursuant to this division shall not be deemed transfers pursuant to Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code. Funds from the Habitat Conservation Fund, the Environmental Enhancement and Mitigation Program Fund created pursuant to Section 164.56 of the Streets and Highways Code, the State Parks and Recreation Fund, and the Wildlife Restoration Fund, may not be used to fund the tax credit authorized pursuant to this division. (Added by Stats. 2000, Ch. 113, Sec. 1. Effective July 10, 2000.)
  113. 37015.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 5. Criteria for Acceptance of Property [37015 - 37016] ( Chapter 5 added by Stats. 2000, Ch. 113, Sec. 1. )

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    The board may approve only property contributions that satisfy at least one listed acceptance criterion.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 5. Criteria for Acceptance of Property [37015 - 37016] ( Chapter 5 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37015. The board shall approve only contributions of properties that meet one or more of the following criteria: (a) The property will help meet the goals of a habitat conservation plan, multispecies conservation plan, natural community conservation plan, or any other similar plan subsequently authorized by statute that is designed to benefit native species of plants, including, but not limited to, protecting forests, old growth trees, or oak woodlands, and animals and development. In proposing and approving the acceptance of contributed property pursuant to this subdivision, the recovery benefits for listed species, the habitat value of the property, the value of the property as a wildlife corridor, and similar habitat-related considerations shall be the criteria on which the acceptance is based. (b) The property will provide corridors or reserves for native plants and wildlife that will help improve the recovery possibilities of listed species and increase the chances that the species will recover sufficiently to be eligible to be removed from the list, or will help avoid the listing of species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.), or protect wetlands, waterfowl habitat, or river or stream corridors, or promote the biological viability of important California species. (c) The property interest is a perpetual conservation easement over agricultural land, or is a permanent contribution of agricultural land, that is threatened by development and is located in an unincorporated area certified by the secretary to be zoned for agricultural use by the county. Property accepted pursuant to this subdivision shall be accepted pursuant to the California Farmland Conservancy Program Act established by Division 10.2 (commencing with Section 10200), pursuant to the agricultural conservation program of the Coastal Conservancy, or pursuant to the Bay Area Conservancy Program established pursuant to Chapter 4.5 (commencing with Section 31160) of Division 21. (d) (1) The property interest is a water right, or land with an associated water right, and the contribution of the property will help improve the chances of recovery of a listed species, will reduce the likelihood that any species of fish or other aquatic organism will be listed pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code)) or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.), will improve the protection of listed species, or will improve the viability and health of fish species of economic importance to the state. The donee receiving the water right, or land with an associated water right, shall ensure that it shall retain title to the water right, and that the water shall be used to fulfill the purposes for which the water right or land associated with a water right is being accepted. (2) Any contribution of a water right that includes a change in the point of diversion, place of use, or purpose of use may be made only if the proposed change will not injure any legal user of the water involved and is made in accordance with either Chapter 10 (commencing with Section 1700), or Chapter 10.5 (commencing with Section 1725), of Part 2 of Division 2 of the Water Code. (e) The property will be used as a park or open space or will augment public access to or enjoyment of existing regional or local park, beach, or open-space facilities, or will preserve archaeological resources. (Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 7. Effective January 1, 2001.)
  114. 37016.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 5. Criteria for Acceptance of Property [37015 - 37016] ( Chapter 5 added by Stats. 2000, Ch. 113, Sec. 1. )

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    The board may approve a property donation only if specific tax-credit and hazardous-materials conditions are met, and the donor cannot receive other valuable consideration.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 5. Criteria for Acceptance of Property [37015 - 37016] ( Chapter 5 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37016. (a) The board shall grant approval of a proposed contribution of property under the program only upon a determination that: (1) (A) The donation of property satisfies the requirements for a qualified contribution pursuant to Section 170 of Title 26 of the United States Code. If only a portion (either an undivided fractional interest in the entire property or one or more discrete parcels) of a proposed conveyance of property satisfies the requirements of Section 170 of Title 26 of the United States Code, or if the property is sold for less than fair market value, only that portion, or the amount representing the difference between the amount paid by the donee and the fair market value, shall be eligible for the tax credit, to the extent permitted by Section 170(h) of Title 26 of the United States Code. The board may segregate eligible and ineligible interests in property proposed to be contributed pursuant to this division. The donor shall receive no other valuable consideration for the donation of property subject to the tax credit. (B) For purposes of this division, if the property is proposed to be donated to satisfy a condition imposed upon the donor by any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, the mitigation of significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), that property shall not qualify for the credit provided in Section 17053.30 or 23630 of the Revenue and Taxation Code. (2) There has been no release or threatened release of a hazardous material on the property, unless all of the following occur: (A) A final remedy in response to the release has been approved by the Department of Toxic Substances Control pursuant to Chapter 6.5 (commencing with Section 25100) or Chapter 6.86 (commencing with Section 25396) of Division 20 of, or Part 2 (commencing with Section 78000) of Division 45 of, the Health and Safety Code, or the appropriate California regional water quality control board pursuant to Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code. (B) The donor or donee have agreed to implement the final remedy approved pursuant to subparagraph (A). (C) The donor or donee have agreed to fund and have made adequate funding available to pay for the response action, as defined by Section 78140 of the Health and Safety Code. (b) Notwithstanding paragraph (2) of subdivision (a), a donation of property containing hazardous materials may be accepted under the program without satisfying the requirements of paragraph (2) of subdivision (a) if the donee determines, based on written findings from the Department of Toxic Substances Control and the California regional water quality control board with jurisdiction over the property, that the hazardous materials present will pose no substantial risk to human health or the environment and no substantial risk of liability on the donee under the conditions under which the property will be used. The Department of Toxic Substances Control and the California regional water quality control board with jurisdiction over the property shall carry out their normal due diligence when developing the written findings that will be the basis for the written determination regarding the presence and risk of toxic materials on the property by the Department of Toxic Substances Control or the regional board, whichever is applicable. As used in this subdivision, “hazardous materials” has the same meaning as contained in subdivision (d) of Section 25260 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 258, Sec. 119. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  115. 3702.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    This section defines “geothermal resources area” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 geothermal resources. (Amended by Stats. 1971, Ch. 1213.)
  116. 37020.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. )

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    This section says the division does not expand state or local public agencies’ eminent domain authority, and it does not reduce easement holders’ existing land or water rights for property proposed for donation.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37020. (a) Nothing in this division authorizes or increases the authority of any state or local public agency to use eminent domain to acquire private property. (b) Nothing in this division diminishes existing land or water rights held by easement holders in any property proposed for donation. (Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 9. Effective January 1, 2001.)
  117. 37021.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. )

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    If donated property is later transferred or misused, its use must stay tied to conservation purposes, sales proceeds may have to buy replacement land, and the board must approve certain sales and monitor compliance.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37021. (a) If any property approved for acceptance pursuant to this division is later transferred by the donee, the use of the property shall be restricted by deed to the conservation purposes for which the property was contributed pursuant to the program. If the board determines that the conservation purposes for which the property was contributed can no longer be achieved due to significantly changed circumstances beyond the control of the donee that accepted the property, the proceeds of the sale shall be used by the donee that accepted the property to acquire land in California of equal or greater value and comparable public resources values, as determined by the board. The land acquired shall meet the criteria of Section 37015. Nothing in this division prohibits the transfer of donated property to a nonprofit organization that is qualified to manage the property for the purposes intended by this division, if the terms of this section are met. Any local government or nonprofit organization seeking to sell land pursuant to this subdivision shall first obtain the approval of the board. (b) Other than as provided by subdivision (a), property approved for acceptance pursuant to this division shall be used only for purposes consistent with Section 37015. (c) (1) If any unauthorized use is made of the property after the property is donated to a local government or nonprofit organization pursuant to this program, the local government or nonprofit organization shall seek to terminate the unauthorized use and restore the conservation benefits for which the property was contributed. If the board determines that the unauthorized use has not been terminated and the conservation benefits fully restored within a reasonable period of time, the fee title owner of the property shall pay to the state the greater of the following: (A) The fair market value of the property based on appraisals when accepted by the board. (B) The fair market value of the property based on appraisals at the time of and based on the unauthorized use of the property. (2) The department that is the donee or the board may seek injunctive relief to prevent the unauthorized use of the property, or may assume ownership or management of the property to assure that it is used in the manner originally authorized. (d) The board shall develop a process to monitor the uses of any land that a local government or nonprofit organization receives pursuant to this division in order to ensure those uses are in conformance with the purposes for which the property is accepted. (Amended (as added by Stats. 2000, Ch. 113) by Stats. 2000, Ch. 900, Sec. 10. Effective January 1, 2001.)
  118. 37022.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. )

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    Tax credits under this division may be awarded only if all lost revenue is reimbursed to the General Fund from non-General Fund money, and they may not be awarded after the 2014–15 fiscal year without further statutory authorization.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37022. (a) Tax credits may be awarded pursuant to this division only if the amount of all lost revenue resulting from the award of tax credits is reimbursed by transfer to the General Fund of moneys that are not from the General Fund. Tax Credits shall not be awarded subsequent to the 2014–15 fiscal year without further statutory authorization. (b) For purposes of this section, “moneys that are not from the General Fund” means any of the following: (1) State bond funds as described in Section 37032. (2) State funds available for the purposes of this division, other than funds specified in Section 37014. (3) Court settlements. (4) Private or public donations. (5) Local government funds of any type. (6) Federal funds available for the purposes of this division. (Amended by Stats. 2009, Ch. 220, Sec. 3. (AB 94) Effective January 1, 2010.)
  119. 37023.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. )

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    The donee must allow public access to the property when that access fits the property’s accepted purposes, and must first prepare a plan to reduce impacts on nearby landowners and set any needed setback or buffer area.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37023. The donee shall allow public access to the property to the extent that public access is consistent with the purposes for which the property is accepted. Before providing public access to the property, the donee shall develop a plan that minimizes the impact of public access on adjacent landowners in order to avoid infringement on the customary husbandry practices on adjacent or nearby agricultural or timber operations and that establishes a setback or buffer area, as necessary. This section does not require access to privately owned lands for which a conservation easement is contributed pursuant to this division unless the conservation easement provides for public access. (Added by Stats. 2000, Ch. 900, Sec. 11. Effective January 1, 2001.)
  120. 37024.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. )

    Verify source ↗

    A local city, county, or city and county may ask the Director of Finance to disapprove acceptance of property if it objects to the acceptance.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37024. If the city, county, or city and county in which the property is located objects to acceptance of the property, the city, county, or city and county, as appropriate, may request the Director of Finance to disapprove the acceptance of the property. These objections may relate to the city’s, county’s, or city and county’s conservation and development policies and their general plans, the efficient use and delivery of infrastructure, and the potential loss of property tax revenue. The Director of Finance may disapprove acceptance after reviewing the objections of the city, county, or city and county. The Director of Finance shall provide a written explanation for his or her decision to the affected city, county, or city and county. (Added by Stats. 2000, Ch. 900, Sec. 12. Effective January 1, 2001.)
  121. 37025.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. )

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    A donee that accepts property under the program must own and maintain any needed setback or buffer area for using the property.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 6. Miscellaneous [37020 - 37025] ( Chapter 6 added by Stats. 2000, Ch. 113, Sec. 1. ) ## 37025. Any donee accepting property pursuant to the program shall own and maintain any setback or buffer area that may be necessary for the use of that property in accordance with this division, in order to avoid infringement on the customary husbandry practices on adjacent or nearby agricultural or timber operations. (Added by Stats. 2000, Ch. 900, Sec. 13. Effective January 1, 2001.)
  122. 3703.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section defines “well” for geothermal resource purposes.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3703. “Well” means any well for the discovery of geothermal resources or any well on lands producing geothermal resources or reasonably presumed to contain geothermal resources, or any special well, converted producing well or reactivated or converted abandoned well employed for reinjecting geothermal resources or the residue thereof. (Amended by Stats. 1967, Ch. 1398.)
  123. 3703.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section defines “low-temperature geothermal resources” as fluids with heat value and a temperature no higher than water’s boiling point at the location’s altitude.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 boiling point of water at the altitude of occurrence. (Amended by Stats. 1988, Ch. 1077, Sec. 11.)
  124. 37030.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. )

    Verify source ↗

    The Legislature states that bond funds are not enough to meet current environmental property acquisition needs, and that the tax credit can reduce acquisition costs by about half.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. ) ## 37030. The Legislature finds and declares all of the following: (a) Current justifiable needs for the acquisition of property for environmental purposes substantially exceed state-approved bond funds available for these purposes. (b) The Natural Heritage Preservation Tax Credit Act of 2000 authorizes the acquisition of qualified property through donations eligible for a credit against the personal income or bank and corporation tax in an amount equal to 55 percent of the fair market value of any qualified contribution. (c) Where property owners are able to utilize this tax credit, state acquisition costs are nearly halved. (d) Authorizing the expenditure of bond funds to acquire property using these tax credits will significantly expand the acquisition power of existing bond funds. (Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
  125. 37031.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. )

    Verify source ↗

    This section defines “purpose” and “property” for certain bond provisions and bond funds under the chapter.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. ) ## 37031. (a) For bond provisions listed in paragraphs (1) to (3), inclusive, of subdivision (c) of Section 37032, “purpose” means scheme and design. (b) For bond provisions listed in paragraphs (4) to (11), inclusive, of subdivision (c) of Section 37032, “purpose” means scope and effect. (c) For bond funds eligible to be used under this chapter, pursuant to paragraph (12) of subdivision (c) of Section 37032, if the bond act is passed by initiative, “purpose” shall be defined pursuant to subdivision (b), but if the bond act is not passed by initiative, “purpose” shall be defined pursuant to subdivision (a). (d) For purposes of this chapter, “property” means property as defined in subdivision (j) of Section 37002 that is acquired pursuant to this division using bond funds in accordance with this chapter. (Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
  126. 37032.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. )

    Verify source ↗

    A department or local government may use certain bond funds to acquire property with this tax credit if specified conditions are met.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. ) ## 37032. (a) If a department or local government identifies property that may be acquired pursuant to this division and determines that the acquisition would comply with the purpose of a bond provision listed in subdivision (c) and any applicable guidelines developed for that bond provision by the administering agency, and all of the requirements of this division are met and the department or local government acquires the property pursuant to this division, the department or local government may expend funds from the bond provision that have been appropriated, allocated, or awarded to it, to acquire the property using the tax credit provided by this division. (b) The applicable bond provisions from which a department or local government may use bond funds to acquire property using the tax credit provided by this division do not include grants of bond funds distributed through a competitive process. (c) The applicable bond provisions from which a department or local government may expend bond funds pursuant to subdivision (a) are the following: (1) Section 5096.615. (2) Subdivision (a) or (b), or paragraph (1) of subdivision (c), of Section 5096.650. (3) Funds under paragraph (2) of subdivision (c) of Section 5096.650 that are to be expended pursuant to paragraph (6) of subdivision (b) of Section 31220. (4) Section 79541 of the Water Code. (5) Section 79542 of the Water Code. (6) Section 79544 of the Water Code. (7) Subdivision (e) or (f) of Section 79550 of the Water Code. (8) Section 79565 of the Water Code. (9) Section 79568 of the Water Code. (10) Section 79570 of the Water Code. (11) Section 79572 of the Water Code. (12) Other bond funds, if the bond act specifies that its funds may be used for the purposes of this division. (Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
  127. 37034.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. )

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    This section lets the department or a local government seek approval for a donated property acquisition and sets out the paperwork, reimbursement, and notice steps tied to the tax credit.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. ) ## 37034. (a) (1) If a department determines that property is available for acquisition by donation, and that the acquisition of the property would comply with the requirements of an applicable bond provision specified in subdivision (c) of Section 37032 and any applicable guidelines developed for that bond provision by the administering agency, and the department believes the acquisition of the property would comply with the requirements of this division, the department may request the prospective donor of the property to submit an application pursuant to Section 37010. If the prospective donor agrees to submit that application, the department may apply for approval of the donation pursuant to the requirements of this division. (2) If a local government determines that property is available for acquisition by donation, and that the acquisition of the property would comply with the requirements of an applicable bond provision specified in subdivision (c) of Section 37032 and any applicable guidelines developed for that bond provision by the administering agency, and the local government believes that the acquisition of the property would comply with the requirements of this division, the local government may request the department that allocated to it the relevant bond funds to determine whether it agrees with the local government’s determinations and beliefs made pursuant to this paragraph. If the department agrees with the local government and gives its approval for the acquisition with bond funds that it has allocated to the local government, the local government may request the prospective donor of the property to submit an application pursuant to Section 37010. If the prospective donor agrees to submit the application, the local government may apply for approval of the donation pursuant to the requirements of this division. (3) In addition to the requirements of Section 37011, the application shall include, and shall not be accepted if it does not include, a signed authorization by the donor, in a form and manner mutually agreeable to the board and the Franchise Tax Board, for the disclosure of the information necessary to make the payment as required by subdivision (b). For purposes of subdivision (b) of Section 1798.24 of the Civil Code, the signed authorization shall be the donor’s voluntary consent to the disclosure of the information. (b) (1) If the board gives approval, the department or local government may acquire the property pursuant to this division. Through the process outlined in this section, the department shall reimburse the General Fund for the tax credit claimed pursuant to this chapter under Section 17053.30 or 23630 of the Revenue and Taxation Code by transferring bond funds identified under subdivision (c) of Section 37032 to the Natural Heritage Preservation Tax Credit Reimbursement Account, on the basis of information provided to the department under Section 37040 regarding credit claimed for a qualified contribution under Section 17053.30 or 23630 of the Revenue and Taxation Code in that tax year. (2) If a local government applies directly to the board for acceptance of a qualified donation, the board may provide conditional approval for the local government to acquire the property pursuant to this division. Through the process outlined in this section, the local government shall reimburse the General Fund for the tax credit claimed pursuant to this chapter under Section 17053.30 or 23630 of the Revenue and Taxation Code by transferring funds in the full amount of the approved tax credit to the board for deposit into the Natural Heritage Preservation Tax Credit Reimbursement Account. (3) (A) Upon approval by the board, and prior to the time the department, local government, or designated nonprofit organization receives the property, the department shall encumber bond funds identified under subdivision (c) of Section 37032 in an amount necessary to pay for the tax credit as provided in Section 17053.30 or 23630, as applicable, of the Revenue and Taxation Code. (B) If a local government applies directly to the board for acceptance of a qualified donation, and the board provides conditional approval of the qualified donation, the local government shall have 60 days to transfer to the board the full amount of funds necessary to reimburse the General Fund. Upon receipt of the funds necessary to reimburse the General Fund, the board shall provide the donor and the local government with a notice of final approval of the tax credit. A tax credit is not approved until such time as the donor and local government receive a final notification from the board that sufficient funds have been received to reimburse the General Fund for the loss of revenue associated with the tax credit. (C) The acquisition agreement or any other document that clearly delineates the commitment pursuant to this division shall be the only documentation required for the department to encumber the bond funds as required by this paragraph. (D) Except as prohibited by the relevant bond act, notwithstanding Section 13340 of the Government Code or any other provision of law, the encumbrance shall be available without regard to fiscal years to allow payments to the Natural Heritage Preservation Tax Credit Reimbursement Account for the tax credit due the donor of the property under Section 17053.30 or 23630, as applicable, of the Revenue and Taxation Code. (4) The Franchise Tax Board shall provide the board information pursuant to subdivision (a) of Section 19560 of the Revenue and Taxation Code on tax credits claimed. The information shall include the tax year for which the credit was claimed. The board shall provide the information required by Section 37040 to the relevant department. Upon notification that a qualified tax credit has been claimed, the department, pursuant to paragraph (1), shall transfer bond funds in the amount of the tax credit for that tax year to the Natural Heritage Preservation Tax Credit Reimbursement Account within 60 days of receipt of the notification. The department shall notify the board of this transfer. (5) The board shall forward the information it receives pursuant to paragraph (4) to the Controller and the Department of Finance, which shall use the information for the purpose of attributing the budgetary impact of the credit and bond fund transfer to the appropriate tax and fiscal year. (Amended by Stats. 2009, Ch. 220, Sec. 4. (AB 94) Effective January 1, 2010.)
  128. 37035.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. )

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    This section lets a department or local government apply to acquire property for a designated nonprofit organization, but only after required determinations and approvals, and only after the prospective donor and nonprofit agree to the required steps.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. ) ## 37035. (a) (1) If a department determines that a designated nonprofit organization, in lieu of the department, should accept property that the department applies to acquire pursuant to paragraph (1) of subdivision (a) of Section 37034, and determines that the acceptance by the designated nonprofit organization would comply with the purpose of the applicable bond provision specified in subdivision (c) of Section 37032, the department may, upon that determination and upon making the determinations and having the belief required by paragraph (1) of subdivision (a) of Section 37034, apply to acquire the property for that designated nonprofit organization pursuant to this division. The department shall not make that application until the prospective donor agrees to submit an application pursuant to Section 37010 and paragraph (3) of subdivision (a) of Section 37034 and the designated nonprofit organization agrees to accept the property if it is acquired pursuant to this division. (2) If a local government determines that a designated nonprofit organization, in lieu of the local government, should accept property that the local government applies to acquire pursuant to paragraph (2) of subdivision (a) of Section 37034, and determines that the acceptance by the designated nonprofit organization would comply with the purpose of the applicable bond provision specified in subdivision (c) of Section 37032, the local government may, upon that determination and making the determinations and having the belief required by paragraph (2) of subdivision (a) of Section 37034, request the department that allocated to it the relevant bond funds to determine whether it agrees with the local government’s determinations made pursuant to this paragraph. If the department agrees with the local government, gives its approval for the designated nonprofit organization’s acceptance of the property, and gives its approval pursuant to paragraph (2) of subdivision (a) of Section 37034, the local government may apply to acquire the property for that designated nonprofit organization pursuant to this division. The local government shall not make that application until the prospective donor agrees to submit an application pursuant to Section 37010 and paragraph (3) of subdivision (a) of Section 37034 and the designated nonprofit organization agrees to accept the property if it is acquired pursuant to this division. (b) If a department or local government applies for a designated nonprofit organization to acquire property, pursuant to subdivision (a), the department and donor, and the local government, if applicable, shall comply with all requirements of this division that apply to the department and donor, and to the local government, if applicable, when the department or local government otherwise applies to acquire property pursuant to this division. (c) If a local government applies for a designated nonprofit organization to acquire and accept donated property, the local government shall comply with all requirements of this division that apply to the local government transferring funds to the board necessary to reimburse the General Fund. (Amended by Stats. 2009, Ch. 220, Sec. 5. (AB 94) Effective January 1, 2010.)
  129. 37036.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. )

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    The Controller must transfer the account balance to the General Fund within 60 days after notification to the Legislature, and the account money may only be used to reimburse the General Fund.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. ) ## 37036. (a) The Natural Heritage Preservation Tax Credit Reimbursement Account is established in the General Fund to receive moneys paid pursuant to this chapter. (b) Moneys in the Natural Heritage Preservation Tax Credit Reimbursement Account shall be used only to reimburse the General Fund as determined by the departments pursuant to paragraph (1) of subdivision (b) of Section 37034. (c) Upon receipt of funds in the Natural Heritage Preservation Tax Credit Reimbursement Account and notification to the Legislature, the Controller shall transfer, within 60 days of the notification, the balance of the Natural Heritage Preservation Tax Credit Reimbursement Account to the General Fund. (d) The moneys in the Natural Heritage Preservation Tax Credit Reimbursement Account may not be loaned to another fund and may not accrue interest. (Amended by Stats. 2008, Ch. 760, Sec. 19. Effective September 30, 2008.)
  130. 37038.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. )

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    If the board receives certain bond funds and wants to use them to buy property under this division, it must make separate compliance determinations.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. ) ## 37038. If the board is the department that receives moneys pursuant to any of the bond provisions listed in subdivision (c) of Section 37032 and the board wishes to use those bond funds to acquire property pursuant to this division using those bond funds, the board shall make separate determinations regarding whether the acquisition of that property would comply with the purpose of the applicable bond provision and any applicable guidelines developed for that bond provision by the administering agency, and whether the acquisition would comply with the requirements of this division. (Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
  131. 3704.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    In this section, “Department” means the Department of Conservation when referring to the government of this state.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3704. “Department”, in reference to the government of this state, means the Department of Conservation. (Added by Stats. 1965, Ch. 1483.)
  132. 37040.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. )

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    When the board is notified that someone is claiming this tax credit, it must notify the Controller, the Treasurer, and the relevant department, and provide specified credit and bond-fund information.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. ) ## 37040. (a) The board shall notify the Controller, the Treasurer, and the relevant department of the information listed in subdivision (b) after the board receives notification from the Franchise Tax Board pursuant to Section 19560 of the Revenue and Taxation Code that a person is claiming a tax credit under this chapter. (b) The board shall provide all of the following information: (1) The bond fund and specific provision of the bond act under which the credit is being claimed. (2) The project name, appropriation under which the credit was encumbered, and, if applicable, the related local government. (3) The department that will transfer the appropriate bond funds to the Natural Heritage Preservation Tax Credit Reimbursement Account. (4) The amount of the tax credit for that tax year. (Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
  133. 37042.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. )

    Verify source ↗

    The Legislature states that spending bond funds under this chapter is not the use of bond proceeds or other indebtedness to cover a year-end state budget deficit.

    ## Public Resources Code - PRC ## DIVISION 28. NATURAL HERITAGE PRESERVATION TAX CREDIT ACT OF 2000 [37000 - 37042] ( Division 28 added by Stats. 2000, Ch. 113, Sec. 1. ) ## CHAPTER 7. Bond Funds [37030 - 37042] ( Chapter 7 added by Stats. 2004, Ch. 715, Sec. 2. ) ## 37042. The Legislature finds and declares that the expenditure of bond funds pursuant to this chapter does not constitute the use of bond proceeds or other indebtedness to pay a year-end state budget deficit, as prohibited by subdivision (c) of Section 1.3 of Article XVI of the California Constitution. (Added by Stats. 2004, Ch. 715, Sec. 2. Effective January 1, 2005.)
  134. 3705.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    In this section, “Division” means the Geologic Energy Management Division in the Department of Conservation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3705. “Division,” in reference to the government of this state, means the Geologic Energy Management Division in the Department of Conservation. (Amended by Stats. 2019, Ch. 771, Sec. 16. (AB 1057) Effective January 1, 2020.)
  135. 3706.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section defines “Director” as the Director of Conservation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3706. “Director” means the Director of Conservation. (Added by Stats. 1965, Ch. 1483.)
  136. 3707.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    “Supervisor” means the State Oil and Gas Supervisor.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3707. “Supervisor” means the State Oil and Gas Supervisor. (Added by Stats. 1965, Ch. 1483.)
  137. 3708.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section defines “person” to include individuals, firms, associations, corporations, and other groups or combinations acting as a unit.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3708. “Person” includes any individual, firm, association, corporation, or any other group or combination acting as a unit. (Added by Stats. 1965, Ch. 1483.)
  138. 3709.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section defines “operator” as a person who drills, maintains, operates, pumps, or controls a well.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3709. “Operator” means any person drilling, maintaining, operating, pumping, or in control of any well. (Added by Stats. 1965, Ch. 1483.)
  139. 3710.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section says “owner” also includes “operator” for a well operated, previously operated, or soon to be operated by someone other than the owner.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. (Added by Stats. 1965, Ch. 1483.)
  140. 3711.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    For this section, “operator” also includes an owner when a well is, has been, or is about to be operated by or under the owner’s direction.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. (Added by Stats. 1965, Ch. 1483.)
  141. 3712.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The chapter must be read broadly, and the director and supervisor may exercise whatever powers are needed to carry out the chapter’s purposes, including adopting rules and regulations.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 powers which may be necessary to carry out the purposes of this chapter, including the authority to adopt rules and regulations. (Amended by Stats. 1992, Ch. 999, Sec. 20. Effective January 1, 1993.)
  142. 3714.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The State Oil and Gas Supervisor must supervise geothermal well drilling, operation, maintenance, and abandonment to promote economic recovery and prevent damage and waste.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3714. The State Oil and Gas Supervisor shall so supervise the drilling, operation, maintenance and abandonment of geothermal resources wells as to encourage the greatest ultimate economic recovery of geothermal resources, to prevent damage to life, health, property, and natural resources, and to prevent damage to, and waste from, the underground geothermal deposits, and to prevent damage to underground and surface waters suitable for irrigation or domestic purposes by reason of the drilling, operation, maintenance, and abandonment of geothermal resources wells. (Amended by Stats. 1970, Ch. 117.)
  143. 3714.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The supervisor must designate geothermal resources areas and may exclude certain wells from this chapter when geothermal resources are unlikely to be encountered.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 geothermal resources areas when there is no probability of encountering geothermal resources. (Added by Stats. 1972, Ch. 1102.)
  144. 3715.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The supervisor must oversee well drilling, operation, maintenance, and abandonment to allow owners or operators to use industry practices that increase geothermal recovery, if suitable in the supervisor’s opinion.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources and which, in the opinion of the supervisor, are suitable for such purpose in each proposed case. In order to further the elimination of waste by increasing the recovery of geothermal resources it is hereby declared as a policy of this state that the grant in a geothermal resources lease or contract to a lessee or operator of the right or power, in substance, to explore for and remove all geothermal resources from any lands in the State of California, in the absence of an express provision to the contrary contained in such lease or contract, is deemed to allow the lessee or contractor or his successors or assigns, to do what a prudent operator using reasonable diligence would do, having in mind the best interest of the lessor, lessee and the state, in producing and removing geothermal resources; provided, however, nothing contained in this section imposes a legal duty upon such lessee or contractor, his successors or assigns, to conduct such operations. (Amended by Stats. 1967, Ch. 1398.)
  145. 3715.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    For geothermal exploratory projects, the division is the lead agency, but it may delegate that role to certain counties. If an applicant asks, the county where the project is located must take on lead-agency responsibilities, and the applicant must make the request to both the county and the division.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 21067 for all geothermal exploratory projects as defined in Section 21065.5. (b) (1) The division may delegate its lead agency responsibility under this section to a county that has adopted a geothermal element, as defined in Section 25133, for its general plan. (2) Upon the request of an applicant, the county in which a geothermal exploratory project is located, regardless of whether the county has adopted a geothermal element for its general plan, shall assume responsibilities of a lead agency, as defined in Section 21067, for the project. The applicant shall make the request to the county and the division. (c) If a county assumes lead agency responsibility pursuant to subdivision (b), the county and the division shall confer regarding necessary information that should be included in the environmental review for the project to facilitate the division’s exercise of its authority as a responsible agency, as defined in Section 21069. (d) The provisions of this section shall not apply to geothermal exploratory projects, as defined in Section 21065.5, where, before January 1, 1979, preparation of an environmental impact report for a geothermal exploratory project has begun or an application for a geothermal exploratory project that will require preparation of an environmental impact report has been filed. (Amended by Stats. 2024, Ch. 678, Sec. 1. (AB 1359) Effective September 27, 2024.)
  146. 3716.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    District deputies must collect well information, prepare maps on geothermal and water conditions, keep the data on file, and provide copies to specified authorities on request, subject to Section 3752.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 district deputy shall prepare maps and other accessories necessary to determine the underground conditions in a geothermal area 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 geothermal resource deposits 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 the data shall be kept on file in the office of the district deputy of the respective district, and copies thereof shall be available, upon request, to the Director of Water Resources, the State Geologist, and the appropriate California regional water quality control board located in the area involved, subject to Section 3752. (Amended by Stats. 1988, Ch. 1077, Sec. 12.)
  147. 3717.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    If requested, the supervisor must notify the Department of Fish and Game and the regional water quality control board about the location and abandonment of geothermal wells.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 location and abandonment of geothermal wells. (Amended by Stats. 1988, Ch. 1077, Sec. 13.)
  148. 3718.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section says Chapter 4 does not override certain provisions of the Water Code or Fish and Game Code.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 (commencing with Section 5650) of the Fish and Game Code. (Added by Stats. 1965, Ch. 1483.)
  149. 3719.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The supervisor must publish geothermal-resource publications and related printed materials when there is public demand.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3719. The supervisor shall publish any publications, reports, maps, statistical data or other printed matter relating to geothermal resources, for which there may be public demand. If these publications, reports, maps, statistical data or other printed matter are sold, they shall be sold at cost, and the proceeds shall be deposited in the Oil, Gas, and Geothermal Administrative Fund. (Amended by Stats. 2003, Ch. 240, Sec. 16. Effective August 13, 2003.)
  150. 3720.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The state may be divided into one or more districts for this chapter, and the director fixes their boundaries.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. (Amended by Stats. 1971, Ch. 1213.)
  151. 3721.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Well owners or operators must appoint a resident California agent to receive official orders and notices, and they must notify the supervisor in writing within five days after the agency ends. Unless operations have stopped, they must also appoint a new agent.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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, and processes of the supervisor or any court of law. Every person so appointing an agent shall, within five days after the termination of the agency, notify the supervisor, in writing, of such termination, and unless operations are discontinued, shall appoint a new agent. (Amended by Stats. 1984, Ch. 278, Sec. 11.)
  152. 3722.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The owner or operator of a well must give written notice to the supervisor or district deputy about a sale, assignment, transfer, conveyance, or exchange of the well and the land where it is located, within 30 days.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 direct, of the sale, assignment, transfer, conveyance, or exchange by the owner or operator of such well, and the land, owned or leased, upon which the well is located, within 30 days after such sale assignment, transfer, conveyance, or exchange. The notice shall contain the following: (a) The name and address of the person to whom such well was sold, assigned, transferred, conveyed, or exchanged. (b) The name and location of the well. (c) The date of the sale, assignment, transfer, conveyance or exchange. (d) The date when possession was relinquished by the owner or operator. (e) A description of the land upon which the well is situated. (Amended by Stats. 1976, Ch. 813.)
  153. 3723.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A person who acquires ownership or operation of a well must give written notice to the supervisor or district deputy within 30 days.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3723. Every person who acquires the ownership or operation of any well, whether by purchase, transfer, assignment, conveyance, exchange, or otherwise, shall, within 30 days after acquiring the well and the land, owned or leased, upon which it is located, notify the supervisor or the district deputy, in writing, of his ownership or operation. The notice shall contain the following: (a) The name and address of the person from whom the well was acquired. (b) The name and location of the well. (c) The date of acquisition. (d) The date when possession was acquired. (e) A description of the land upon which the well is situated. (Amended by Stats. 1976, Ch. 813.)
  154. 3723.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A person who acquires ownership or operation of a well must file an indemnity bond with the supervisor within 30 days.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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, within 30 days after acquiring the well or wells, file with the supervisor an individual indemnity bond in the sum of twenty-five thousand dollars ($25,000) for each well acquired, or a blanket indemnity bond in the sum of one hundred thousand dollars ($100,000) for any number of wells acquired. The bond shall be stated in substantially the language set forth in Section 3725. (Amended by Stats. 1977, Ch. 112.)
  155. 3724.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Before drilling or redrilling a well, the owner or operator must file a written notice and fee, and drilling cannot start until approved by the supervisor or district deputy.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 the district deputy a written notice of intention to commence drilling, accompanied by the prescribed fee. Drilling shall not commence until approval is given by the supervisor or the district deputy. If the supervisor or the district deputy fails to give the owner or operator written response to the notice within 10 working days, such failure shall be considered as an approval of the notice and the notice shall, for the purposes and intents of this chapter, be deemed a written report of the supervisor. The notice shall contain the following: (a) The location and elevation of the floor of the proposed derrick. (b) The number or other designation by which the well shall be known. Such number or designation shall be subject to the approval of the supervisor. (c) The owner’s or operator’s estimate of the depths between which production will be attempted. (d) Such other pertinent data as the supervisor may require. After the completion of any well, the provisions of this section, other than the requirement of the payment of the fee, shall also apply, as far as may be, to the deepening or redrilling of the well, or any operation involving the plugging of the well, or any operations permanently altering in any manner the casing of the well. The number or designation by which any well heretofore drilled has been known, and the number or designation specified for any well in a notice filed as required by this section, shall not be changed without first obtaining a written consent of the supervisor. As set forth by regulation, the appropriate fee to be filed for the drilling of a new well or the redrilling of an abandoned well, shall be twenty-five dollars ($25), two hundred dollars ($200), five hundred dollars ($500), or one thousand dollars ($1,000). The fee shall be paid as provided in Section 3724.6. (Amended by Stats. 1983, Ch. 375, Sec. 1.)
  156. 3724.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    An owner or operator may submit a written program to the supervisor to drill shallow wells for temperature-gradient monitoring, but the program must stay within the section’s limits and include specified information.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. In order to qualify under this section, a program shall contain not more than 25 wells and the maximum total depth of each of these wells shall not exceed 250 feet. Each program submitted for approval shall include: (a) Well numbers. (b) Well locations and elevations. (c) Geologic interpretation of the area under investigation, including any known or inferred temperature data. (d) Such other data as may be required by the supervisor. The fee required to be filed for the drilling of these shallow wells shall be twenty-five dollars ($25) per well or two hundred dollars ($200) per program, whichever is the lesser. The fee shall be paid as provided in Section 3724.6. (Amended by Stats. 1988, Ch. 1077, Sec. 14.)
  157. 3724.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    After the supervisor studies the matter and finds additional supervision is needed, the supervisor may require a proposal for the well or wells to be submitted under Section 3724.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 supervisor may require that a proposal for such well or wells be submitted in compliance with all the provisions of Section 3724. (Added by Stats. 1971, Ch. 1213.)
  158. 3724.3.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Program wells may not be drilled until the supervisor or district deputy approves the program.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 supervisor or the district deputy fails to give the owner or operator written response to the program within 10 working days, such failure shall be considered as an approval of the program and the program shall, for the purposes and intents of this chapter, be deemed a written report of the supervisor. (Added by Stats. 1971, Ch. 1213.)
  159. 3724.32.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    If an operator has not paid a specified civil penalty, complied with a supervisor’s order, or paid a specified charge, the supervisor may refuse approval of the operator’s proposed well operations until those obligations are met.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 pay a charge assessed under Section 3724.5, the supervisor may deny approval of the operator’s proposed well operations until the operator pays the civil penalty, complies with the order of the supervisor, or pays the charge assessed under Section 3724.5. (Added by Stats. 2009, Ch. 597, Sec. 1. (SB 571) Effective January 1, 2010.)
  160. 3724.35.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The supervisor may make regulations for intermediate and deep wells used for temperature-gradient monitoring.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3724.35. The supervisor may adopt regulations governing intermediate and deep wells drilled for temperature-gradient monitoring purposes. The regulations may specify the content of any written program for the wells drilled for that purpose to be submitted to the supervisor for approval, the amount of the fee, if any, to be filed for each intermediate or deep well drilled or for each program, and any other matter deemed necessary by the supervisor. (Amended by Stats. 1988, Ch. 1077, Sec. 15.)
  161. 3724.4.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The proposal and required data submitted under Sections 3724.1 to 3724.3 must be kept confidential.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 Section 3752. (Added by Stats. 1971, Ch. 1213.)
  162. 3724.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The supervisor must set an annual well fee and late-payment penalties for geothermal resource wells, and adopt a fee-determination and collection system by regulation after public hearing.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 applied on an equal basis to all wells as provided under this section. The annual well fee shall be imposed upon each producing, service, and idle well that existed at any time during the calendar year preceding the statewide fee-assessment date. However, the annual well fee shall not be imposed on any temperature-gradient or observation well, irrespective of its depth, and any low-temperature well, including any well drilled for the purpose of filling a hot water spa or pool intended for human immersion, or any well for which the supervisor has approved suspension. The annual well fee shall be established so that the sum of the annual well fees plus the estimated sum of those well permit fees provided in Sections 3724 and 3724.1 and pursuant to any regulation adopted under Section 3724.35 are equal to the appropriation for the supervision of geothermal resource wells as provided in the Governor’s Budget. The establishment of the annual well fee shall take into account any budget adjustments for actual expenditures in the current and prior fiscal years. Any budget change proposal for support of the provisions of this chapter shall be submitted by the supervisor to geothermal operators for review and comment. A system for determining the fee and penalties and administering the fee and penalty collection shall be adopted by the supervisor by regulation after public hearing. (Amended by Stats. 1988, Ch. 1077, Sec. 16.)
  163. 3724.6.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Operators must pay certain geothermal permit application fees to the Department of Conservation, and the annual well fee must be paid to the Treasurer.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 well fee established in accordance with Section 3724.5 shall be made payable to the Treasurer. The proceeds from the permit applications and the annual well fees shall be deposited in the Oil, Gas, and Geothermal Administrative Fund, and shall be available for appropriation exclusively for the supervision of geothermal resource wells. (Amended by Stats. 2003, Ch. 240, Sec. 17. Effective August 13, 2003.)
  164. 3725.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    People who drill or work on wells must file a $25,000 individual indemnity bond with the supervisor, except for low-temperature geothermal wells.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3725. Every person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of any well, except a low-temperature geothermal well, shall file with the supervisor an individual indemnity bond in the sum of twenty-five thousand dollars ($25,000) for each well drilled, redrilled, deepened, maintained, or abandoned. The bond shall be filed with the supervisor at the time of the filing of the notice of intention to drill, redrill, deepen, maintain, or abandon, as provided in Section 3724 or 3724.1. The bond shall be executed by the person, as principal, and by an authorized surety company, as surety, conditioned that the principal named in the bond shall faithfully comply with all the provisions of this chapter, in drilling, redrilling, deepening, maintaining, or abandoning any well or wells covered by the bond, and shall secure the state against all losses, charges, and expenses incurred by it to obtain such compliance by the principal named in the bond. The conditions of the bond shall be stated in substantially the following language: “If ____, the above bounden principal, shall well and truly comply with all the provisions of Chapter 4 (commencing with Section 3700) of Division 3 of the Public Resources Code and shall obey all lawful orders of the State Oil and Gas Supervisor, or his or her district deputy or deputies, if not appealed as provided in that chapter, or upon affirmance thereof by the Director of Conservation, if appealed thereto, and shall pay all charges, costs, and expenses incurred by the supervisor or his or her district deputy or deputies in respect of the well or wells or the property or properties of the principal, or assessed against the well or wells or the property or properties of the principal, in pursuance of the provisions of that chapter, then this obligation shall be void; otherwise, it shall remain in full force and effect.” (Amended by Stats. 1984, Ch. 278, Sec. 12.)
  165. 3725.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    People drilling or working on certain low-temperature wells must file an individual indemnity bond with the supervisor, with the bond amount set by well depth.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 with the supervisor an individual indemnity bond in the sum of two thousand dollars ($2,000) for each well less than 2,000 feet deep, ten thousand dollars ($10,000) for each well 2,000 feet deep or deeper, but less than 5,000 feet deep, fifteen thousand dollars ($15,000) for each well 5,000 but less than 10,000 feet deep, or twenty-five thousand dollars ($25,000) for each well 10,000 or more feet deep. The bond shall be filed with the supervisor at the time of the filing of the notice of intention to drill, redrill, deepen, maintain, or abandon, as provided in Section 3724 or 3724.1. The bond shall be executed by such person, as principal, and by an authorized surety company, as surety, and shall be in substantially the same language and upon the same conditions as provided in Section 3725, except as to the difference in the amount. (Amended by Stats. 1978, Ch. 1270.)
  166. 3726.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A person drilling, redrilling, deepening, maintaining, or abandoning wells may file one $100,000 bond with the supervisor instead of separate indemnity bonds for each operation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 bond for one hundred thousand dollars ($100,000) to cover all his operations in drilling, redrilling, deepening, maintaining, or abandoning of any of his wells in this state in lieu of an individual indemnity bond for each such operation as required by Section 3725 or 3725.5. The bond shall be executed by such person, as principal, and by an authorized surety company, as surety, and shall be in substantially the same language and upon the same conditions as provided in Section 3725, except as to the difference in the amount. (Amended by Stats. 1977, Ch. 112.)
  167. 3728.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A bond under this chapter may be terminated and canceled, with the supervisor’s consent, when the covered wells are properly abandoned or replaced by another valid bond.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 surety be relieved of all obligations thereunder when the well or wells covered by such bond have been properly abandoned or another valid bond has been substituted therefor. Should the person who has filed a blanket bond properly abandon a portion of his wells covered by the bond, the bond may, with the consent of the supervisor, be terminated and canceled and the surety be relieved of all obligations thereunder upon the filing by such person of an individual bond for e ch well which he is still engaged in drilling, redrilling, deepening, maintaining, or abandoning. Liability as to individual wells that have been drilled and abandoned under a blanket bond may also be terminated with the consent of the supervisor. (Amended by Stats. 1976, Ch. 794.)
  168. 3728.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A deposit may be used instead of the required bond if the supervisor gives written approval, but not if the deposit is money or bearer bonds or bearer notes.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 Article 7 (commencing with Section 995.710) of Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure, other than a deposit of money or bearer bonds or bearer notes. (Amended by Stats. 1982, Ch. 517, Sec. 351.)
  169. 3729.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A well counts as properly abandoned only when the supervisor is satisfied that steps were taken to protect water and stop fluids from escaping to the surface.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 taken to protect underground or surface water suitable for irrigation or farm or domestic purposes from the infiltration or addition of any detrimental substance, and to prevent the escape of all fluids to the surface. (Amended by Stats. 1976, Ch. 794.)
  170. 3730.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The owner or operator of any well must keep, or have kept, a careful and accurate log, core record, and drilling history for the well.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. (Added by Stats. 1965, Ch. 1483.)
  171. 3731.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The drilling log must record specified details about the well and fluids encountered.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 used, and particularly the location, depth and temperature of waterbearing strata, together with the temperature, chemical composition, and other chemical and physical characteristics of fluid encountered from time to time, so far as ascertained. (Amended by Stats. 1967, Ch. 1398.)
  172. 3732.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The core record must show the depth, character, and fluid content of cores obtained, as far as determined.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3732. The core record shall show the depth, character, and fluid content of cores obtained, so far as determined. (Added by Stats. 1965, Ch. 1483.)
  173. 3733.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The history must show specified drilling and completion information.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 dynamite or other explosives, the results of production and other tests during drilling operations, and completion data. (Added by Stats. 1965, Ch. 1483.)
  174. 3734.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The owner or operator must keep the log in the local office, and the log and tour reports must be available for inspection during business hours by the board, the supervisor, or the district deputy.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 business hours, to the inspection of the board, the supervisor, or the district deputy. (Amended by Stats. 1976, Ch. 1073.)
  175. 3735.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    When a well is completed, abandoned, suspended, or recompleted, copies of specified logs, records, tests, or surveys must be filed with the district deputy, generally within 60 days after completion or abandonment.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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, true copies of all electrical, physical, or chemical logs, tests, or surveys, in duplicate and in such form as the supervisor may direct, shall be filed with the district deputy within 60 days after such completion or abandonment. Like copies shall be filed upon the recompletion of any well. (Amended by Stats. 1971, Ch. 1213.)
  176. 3736.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    After drilling begins, the well owner, operator, or local agent must file specified records with the supervisor when the supervisor or district deputy makes a written request.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 any time after the commencement of the work of drilling any well upon written request of the supervisor, or the district deputy. The request shall be signed by the supervisor, or the district deputy, and served either personally, or by mailing a copy of the request, by registered mail, to the last known post office address of the owner or operator, or his agent. (Amended by Stats. 1976, Ch. 1073.)
  177. 3737.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    For this chapter, a well counts as completed 30 days after it starts producing geothermal resource, unless drilling is resumed before the 30-day period ends.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 before the end of the 30-day period. (Amended by Stats. 1971, Ch. 1213.)
  178. 3739.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Certain geothermal and high-pressure well operators must equip wells with strong casings and necessary safety devices, follow supervisor-approved methods, and use every reasonable effort to prevent blowouts, explosions, and fires.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 pressures are unknown shall equip the well with casings of sufficient strength, and with such other safety devices as may be necessary, in accordance with methods approved by the supervisor, and shall use every reasonable effort and endeavor effectually to prevent blowouts, explosions, and fires. (Amended by Stats. 1967, Ch. 1398.)
  179. 3740.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Owners or operators of wells on land that produces or may reasonably contain geothermal resources must case the well properly with watertight, adequate casing approved by the supervisor or district deputy, and must use reasonable efforts to prevent harm and contamination.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 casing, in accordance with methods approved by the supervisor or the district deputy. The owner or operator shall also use every reasonable effort and endeavor to prevent damage to life, health, property, and natural resources, to shut out detrimental substances from strata containing water suitable for irrigation or domestic purposes and from surface water suitable for such purposes, and to prevent the infiltration of detrimental substances into such strata and into such surface water. (Amended by Stats. 1970, Ch. 117.)
  180. 3741.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The supervisor must require tests or remedial work when needed to prevent harm, protect geothermal resources, or stop harmful substances from entering water.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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, to protect geothermal resources deposits from damage, or to prevent the infiltration of detrimental substances into underground or surface water suitable for irrigation or domestic purposes, to the best interests of the neighboring property owners and the public. (Amended by Stats. 1970, Ch. 117.)
  181. 3742.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A qualified person may apply to the supervisor for a certificate of primary purpose, and the supervisor must issue it if the wells are primarily for geothermal production rather than domestic or irrigation water use.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 geothermal resources, may, at any time, apply to the supervisor for a certificate of primary purpose. When the supervisor determines that such well or wells are primarily for the purpose of producing geothermal resources and not for the purpose of producing water usable for domestic and irrigation purposes, the supervisor shall issue a certificate of primary purpose to such person. Such certificate shall establish a rebuttable presumption that such person has absolute title to the geothermal resources reduced to his possession from such well or wells. Such presumption may be rebutted only upon a showing that the water content of the geothermal resources is useful for domestic or irrigation purposes without further treatment thereof, but not by virtue of any production of such water as a by-product incident to the production of the geothermal resources. (Amended by Stats. 1983, Ch. 369, Sec. 6.)
  182. 3743.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Orders by the supervisor or district deputy must be written, served on the operator, and explain the charged conduct, penalties, requirements, and supporting citations. If a written direction is challenged by notice, a final written order must be delivered within 5 days. The operator must be told of the right to appeal.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 which the operator is charged. The order shall state all penalties and requirements imposed on the operator in connection with the acts or omissions charged and the order shall provide citations to the provisions of this code and the regulations that support the imposition of the penalties and requirements. (b) An order of the supervisor or a district deputy shall be in writing and shall be served on the operator by personal service or by certified mail. (c) When the supervisor or a district deputy makes or gives any written direction concerning the drilling, testing, or other operations in any well drilled, in process of drilling, or being abandoned, and the operator, owner, or representative of either, serves written notice, either personally or by mail, addressed to the supervisor, or to the district deputy at his or her office in the district, requesting that a definite order be made upon the subject, the supervisor or the district deputy shall, within five days after receipt of the notice, deliver a final written order on the subject matter. (d) When the supervisor or a district deputy issues any written order concerning an operation, an appeal may be made from the order pursuant to Sections 3762 to 3768, inclusive. The order shall inform the operator of its right to appeal the order. (Amended by Stats. 2010, Ch. 264, Sec. 17. (AB 2453) Effective January 1, 2011.)
  183. 3744.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The operator must start the ordered work on time and keep going until it is finished; if not, the supervisor may send agents to do it and recover the costs as a lien. In an emergency, the supervisor may issue orders or take other necessary action.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 days after service of the decision of the director, or if a review has been taken of the order of the director, within 10 days after the affirmance of the order, the operator shall commence in good faith the work ordered and continue it until completion. If the work has not been commenced and continued to completion, the supervisor may appoint necessary agents to enter the premises and perform the work. An accurate account of the expenditures shall be kept. Any amount so expended constitutes a lien against the real or personal property of the operator upon which the work is done and the lien has the force, effect, and priority of a judgment lien pursuant to Section 3772. (b) Notwithstanding Section 3741, 3743, or 3755, if the supervisor determines that an emergency exists, the supervisor may make formal or emergency orders or undertake any other action that the supervisor determines to be necessary for the protection of life, health, property, or natural resources. (Amended by Stats. 2010, Ch. 264, Sec. 18. (AB 2453) Effective January 1, 2011.)
  184. 3745.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Owners of wells producing geothermal resources or injecting fluids for geothermal operations must file a monthly production and injection statement with the supervisor.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 30th day of each month, for the last preceding calendar month, a statement of production and injection in the form as the supervisor may designate. (Amended by Stats. 1988, Ch. 1077, Sec. 17.)
  185. 3746.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Before a well is abandoned, the owner or operator must use reasonable efforts to protect suitable underground or surface water from harmful substances.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 use every reasonable effort and endeavor to protect any underground or surface water suitable for irrigation or domestic purposes from the infiltration or addition of any detrimental substances. (Added by Stats. 1965, Ch. 1483.)
  186. 3747.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Before abandoning a well, the owner or operator must give written notice to the supervisor or district deputy at least 10 days in advance and include the well’s condition and proposed abandonment method.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 operator’s intention to abandon the well and the date upon which the work of abandonment will begin. The notice shall be given at least 10 days before the proposed abandonment, and it shall show the condition of the well and the proposed method of abandonment. The owner or operator shall furnish the supervisor or the district deputy any additional information that the supervisor or the district deputy may request regarding the condition of the well and the proposed method of abandonment, at any time between the filing of the notice of intention to abandon the well and the completion of abandonment. (Amended by Stats. 1988, Ch. 1077, Sec. 18.)
  187. 3748.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    Before work to abandon a well begins, the supervisor or district deputy must give the owner or operator one of three written notices: approval, a list of required work/tests, or a request for needed information.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 written report of approval of the proposal. (b) A written report stating what work or tests will be necessary before approval of abandonment will be given. (c) A written request stating what information will be necessary for the owner or operator to furnish the supervisor or the district deputy before approval to commence work to abandon or before approval of abandonment will be given. (Added by Stats. 1965, Ch. 1483.)
  188. 3749.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    If the supervisor or district deputy does not give the owner or operator a written report or request on time, that failure counts as approval of the proposal to abandon the well.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 considered as an approval of the proposal to abandon the well, and the proposal shall, for the purposes and intents of this chapter, be deemed a written report of the supervisor or the district deputy. (Added by Stats. 1965, Ch. 1483.)
  189. 3750.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    After a well is abandoned, the owner or operator must file a written report within 60 days, and the supervisor or district deputy must issue a written approval or disapproval within 10 days after receiving the completion report.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 deputy may direct, a written report of all work done in connection with the abandonment. The supervisor or the district deputy shall, within 10 days after the receipt of a written report of completion, furnish the owner or operator with a written final approval of abandonment, or a written disapproval of abandonment, setting forth the conditions upon which the disapproval is based. Failure to abandon in accordance with the approved method of abandonment, or failure to notify the supervisor or the district deputy of any test required by the final approval of abandonment to be witnessed by the supervisor, the district deputy or his inspector, or failure to furnish the supervisor or the district deputy, at his request, with any information regarding the condition of the well, shall constitute sufficient grounds for disapproval of the abandonment. (Amended by Stats. 1981, Ch. 741, Sec. 22.)
  190. 3751.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    Before removing casing from a well, a person must give written notice to the supervisor or district deputy at least 10 days in advance. The supervisor or district deputy must then issue a written report before the removal date, and the person must file a duplicate written report within 5 days after the removal is completed.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 written notice to the supervisor or the district deputy of the person’s intention to remove the casing from the well. The notice shall be given at least 10 days before the proposed removal. The supervisor or the district deputy shall, before the proposed date of removal, furnish the person with a written report of approval of the person’s proposal, or a written report stating what work shall be done before the approval will be given. If the supervisor or the district deputy fails to give the person a written report within the specified time, that failure shall be considered an approval of the proposal to remove the casing, and the proposal shall, for the purposes and intents of this chapter, be deemed a written report of the supervisor or the district deputy. Within five days after the completion of the removal, the person shall make, in the form as the supervisor or district deputy may direct, a written report, in duplicate, of all work done in connection with the removal. (Amended by Stats. 1988, Ch. 1077, Sec. 19.)
  191. 3752.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    Well records and production records filed under this section are generally public, but they can be kept confidential for a limited period if the owner or operator asks in writing.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 this chapter are public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) Those records are public records when filed with the division, unless the owner or operator requests, in writing, that the division maintain the well records as confidential information. The confidential period shall not exceed five years from the cessation of drilling operations as specified in subdivision (e). (3) Well records that are maintained as confidential information by the division shall be open to inspection by those persons whom the owner or operator authorizes in writing. Confidential status shall not apply to state officers charged with regulating well operations, the director, or as provided in subdivision (c). (4) On receipt by the supervisor of a written request documenting extenuating circumstances relating to a particular well, including a well on an expired or terminated lease, the supervisor may extend the period of confidentiality for six months. The total period of confidentiality, including all extensions, shall not exceed seven years from the cessation of drilling operations as specified in subdivision (e), unless the director approves a longer period after a 30-day public notice and comment period. The director shall initiate and conduct a public hearing on receipt of a written complaint. (b) Notwithstanding subdivision (a), the well records shall become public records when the supervisor is notified that the lease has expired or terminated. (c) Production reports filed pursuant to Section 3745 shall be open to inspection by the State Board of Equalization or its duly appointed representative when making a survey pursuant to Section 1815 of the Revenue and Taxation Code or when valuing state-assessed property pursuant to Section 755 of the Revenue and Taxation Code, and by the assessor of the county in which a well referred to in Section 3745 is located. (d) For the purposes of this section, “well records” does not include either experimental logs and tests or interpretive data not generally available to all operators, as defined by the supervisor by regulation. (e) For purposes of this section, the cessation of drilling operations occurs on the date of removal of drilling machinery from the well site. (Amended by Stats. 2021, Ch. 615, Sec. 369. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  192. 3753.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    If a signed written complaint alleges a violation, the supervisor must investigate the well or wells and issue a written report and order.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 the condition complained against, signed by the complainant, the supervisor shall make an investigation of the well or wells and make a written report and order, stating the work required to repair the damage complained of, or stating that no work is required. A copy of the order shall be delivered to the complainant, or if more than one, to each complainant, and, if the supervisor orders the damage repaired a copy of the order shall be delivered to each of the owners, operators, or agents having in charge the well or wells upon which the work is to be done. The order shall contain a statement of the conditions sought to be remedied or repaired and a statement of the work required by the supervisor to repair the condition. Service shall be made by mailing copies to such persons at the post office address given. (Amended by Stats. 1983, Ch. 369, Sec. 9.)
  193. 3754.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    People covered by this section must allow inspection and comply with geothermal resources requirements, and may not hinder enforcement or submit false reports.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 appurtenant facilities, or who willfully hinders or delays the enforcement of this chapter, and every person, whether as principal, agent, servant, employee, or otherwise, who violates, fails, neglects, or refuses to comply with this chapter, or who fails or neglects or refuses to furnish any report or record which may be required pursuant to this chapter, or who willfully renders a false or fraudulent report, is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000), or by imprisonment for not exceeding six months, or by both the fine and imprisonment, for each offense. (Amended by Stats. 1988, Ch. 1077, Sec. 20.)
  194. 3754.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    A person who violates this chapter or its regulations can be hit with a civil penalty of up to $5,000 per violation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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) for each violation. Acts of God, and acts of vandalism beyond the reasonable control of the operator, shall not be considered a violation. The civil penalty shall be imposed by an order of the supervisor upon a determination that a violation has been committed by the person charged, following notice to the person and an opportunity to be heard. The imposition of a civil penalty under this section shall be in addition to any other penalty provided by law for the violation. When establishing the amount of civil liability pursuant to this section, the supervisor shall consider, in addition to other relevant circumstances, (1) the extent of harm caused by the violation, (2) the persistence of the violation, and (3) the number of prior violations by the same violator. (b) An order of the supervisor imposing a civil penalty shall be reviewable pursuant to Sections 3762 to 3771, inclusive. When the order of the supervisor has become final or has been upheld following exhaustion of the applicable review procedures, the supervisor may apply to the appropriate superior court for an order directing payment of the civil penalty. (c) Any amount collected under this section shall be deposited in the Oil, Gas, and Geothermal Administrative Fund. (Amended by Stats. 2003, Ch. 240, Sec. 18. Effective August 13, 2003.)
  195. 3755.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    The supervisor or deputy may order abandonment of a deserted well, even if no damage is happening or threatened. A six-month shutdown and removal of drilling machinery is prima facie evidence of desertion unless a timely extension request is filed, and the supervisor may extend the period for good cause.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 said well. Suspension of drilling operations and removal of drilling machinery is prima facie evidence of desertion after the elapse of six months unless a request for an extension of time for a period not to exceed an additional six months is theretofore filed. At any time the supervisor may for good cause shown extend this period. (Added by Stats. 1965, Ch. 1483.)
  196. 3756.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    Certain geothermal-interest holders may, with the supervisor’s approval, enter agreements to coordinate development, operation, and drilling arrangements for a geothermal area.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 other persons owning or controlling royalty or other interests in the separate properties of the same producing or prospective geothermal resources area, may, with the approval of the supervisor, enter into agreements for the purpose of bringing about the cooperative development and operation of all or a part or parts of the area, or for the purpose of bringing about the development or operation of all or a part or parts of such area as a unit, or for the purpose of fixing the time, location, and manner of drilling and operating of wells for the production of geothermal resources. Any such agreement shall bind the successors and assigns of the parties thereto in land affected thereby and shall be enforceable in an action for specific performance. No such agreement when approved by the supervisor hereunder shall be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations, or conspiracies in restraint of trade or commerce. (Amended by Stats. 1983, Ch. 369, Sec. 10.)
  197. 3757.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    A geothermal well drilled after this rule applies is a public nuisance if it is too close to a parcel boundary or a public road, street, or highway dedicated before drilling starts.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 land on which the well is situated, or within 100 feet of a public road or street or highway dedicated prior to the commencement of drilling of the well, is a public nuisance. (Amended by Stats. 1967, Ch. 1398.)
  198. 3757.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    The supervisor may allow geothermal wells in limited cases, but wells cannot be drilled or produced within 25 feet of the parcel boundary or a dedicated public road, street, or highway. The supervisor may also require a directional survey and filing within 15 days after drilling stops.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 unavailable for the location of a geothermal well and directional drilling is found by the supervisor to be necessary, the supervisor may approve proposals to drill wells at whatever locations the supervisor determines to be advisable for the purpose of properly developing the geothermal resources except, that no well shall be drilled or permitted to produce which is located within 25 feet of the outer boundary of the parcel of land on which the well is situated or within 25 feet of a public road, street, or highway dedicated prior to the commencement of drilling. The supervisor may require, at the time the supervisor gives approval of the notice of intention to drill, redrill, or deepen such well, that a subsurface directional survey be made, and that the survey be filed with the supervisor within 15 days of cessation of drilling operations. (Amended by Stats. 1988, Ch. 1077, Sec. 21.)
  199. 3757.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    The supervisor may approve exemptions for certain low-temperature geothermal wells and may approve drilling at locations he considers advisable, subject to distance limits near property boundaries and public roads.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3757.2. For the purpose of developing low-temperature geothermal resources, the supervisor may approve the exemption of any low-temperature geothermal well from Sections 3721, 3722, 3723, 3723.5, 3725.5, and 3745, if the resource is used domestically or in a noncommercial manner. The supervisor may also approve the drilling of low-temperature geothermal wells at whatever locations he deems advisable, if no well is drilled or permitted to produce which is located within 15 feet of the outer boundary of the parcel of land on which the well is situated or within 15 feet of a public road, street, or highway dedicated prior to the commencement of drilling. (Amended by Stats. 1984, Ch. 393, Sec. 3. Effective July 11, 1984.)
  200. 3758.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

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    For a single geothermal lease or operating unit made up of contiguous parcels, “outer boundary line” means the boundary of the lands included in that lease or unit.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 boundary line” means the outer boundary line of the lands included in the lease or unit. In determining the contiguity of any such parcels of land, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity. (Amended by Stats. 1967, Ch. 1398.)

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