California 2015 2015-2016 Regular Session

California Assembly Bill AB2788 Amended / Bill

Filed 05/05/2016

 BILL NUMBER: AB 2788AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 5, 2016 INTRODUCED BY Assembly Member Gatto FEBRUARY 19, 2016 An act relating to oil and gas, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 2788, as amended, Gatto. Natural gas storage: emergency regulations. The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law provides that, if a state agency makes a finding that the adoption of a regulation or order of repeal is necessary for the immediate preservation of the public peace, health and safety, or general welfare, the regulation or order of repeal may be adopted as an emergency regulation or order of repeal. Under existing law, a regulation, amendment, or order of repeal adopted as an emergency regulation remains in effect no more than 180 days unless the adopting agency and the Office of Administrative Law comply with certain requirements. This bill would instead require that  certain  emergency regulations adopted by the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation effective  ____   February 5, 2016,  remain in effect until the adoption, amendment, or repeal of the  regulation   regulations  is promulgated by the division pursuant to the act. The bill would repeal this provision on January 1, 2019.  This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including subdivisions (e) and (h) of Section 11346.1 of the Government Code, the emergency regulations amending Section 1724.9 of Title 14 of the California Code of Regulations adopted by the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation effective  ____   February 5, 2016,  shall remain in effect until the adoption, amendment, or repeal of the regulations is promulgated by the division pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.  SEC. 2.   Section 1 of this act shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.   SEC. 2.   SEC. 3.  This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that emergency regulations implementing protective standards for all underground gas storage projects in the state remain in effect, it is necessary that this act take effect immediately.