California 2021 2021-2022 Regular Session

California Senate Bill SB953 Introduced / Bill

Filed 02/09/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 953Introduced by Senator MinFebruary 09, 2022 An act to add Section 6246 to the Public Resources Code, relating to oil and gas. LEGISLATIVE COUNSEL'S DIGESTSB 953, as introduced, Min. Oil and gas leases: state waters: State Lands Commission.Existing law vests exclusive jurisdiction over ungranted tidelands and submerged lands owned by the state to the State Lands Commission. Existing law confers the powers of the commission as to leasing or granting of rights or privileges to lands owned by the state upon a local trustee of granted public trust lands to which those lands have been granted. Existing law authorizes the commission to let leases for the extraction of oil and gas from coastal tidelands or submerged lands in state waters and beds of navigable rivers and lakes within the state in accordance with specified laws. Existing law prohibits the commission or a local trustee, as defined, of granted public trust lands from entering into any new lease or other conveyance authorizing new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018.This bill would require the commission to terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023. The bill would authorize the commission to negotiate voluntary relinquishment of a lease, before the termination, upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California has a longstanding policy that offshore oil and gas production in certain areas of state waters poses an unacceptably high risk of damage and disruption to the marine environment of the state.(b) Offshore oil and gas production creates the risk of oil spills and other pollution that threaten Californias coastal environment, community, and economy.(c) Offshore oil and gas production is inconsistent with state climate policy, including, but not limited to, Section 38566 of the Health and Safety Code, that seeks to reduce dangers to the environment and public health, and threats to environmental justice, from climate change.(d) Of the 11 remaining active leases in California state waters, there are only three active offshore oil and gas platforms, and all other oil and gas leases were legislatively granted to local municipalities.(e) The economic lives of these offshore oil and gas platforms have been largely exhausted, and continuing operations increase the risks of failure of aging infrastructure and that the government will have to pay for decommissioning costs.(f) Oil and gas production impairs bathing, fishing, navigation, and recreation opportunities, is no longer in the interest of the state, and presents a public nuisance.SEC. 2. Section 6246 is added to the Public Resources Code, to read:6246. (a) The commission shall terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023.(b) Before the termination of a lease described in subdivision (a), the commission has full authority to negotiate voluntary relinquishment of a lease upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state.(c) Absent a relinquishment agreement providing otherwise, this section does not release lessees from their obligations to properly plug, abandon, and decommission wells, pipelines, and attendant production facilities, or to restore the tidelands and submerged lands as required by their existing leases and current law.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 953Introduced by Senator MinFebruary 09, 2022 An act to add Section 6246 to the Public Resources Code, relating to oil and gas. LEGISLATIVE COUNSEL'S DIGESTSB 953, as introduced, Min. Oil and gas leases: state waters: State Lands Commission.Existing law vests exclusive jurisdiction over ungranted tidelands and submerged lands owned by the state to the State Lands Commission. Existing law confers the powers of the commission as to leasing or granting of rights or privileges to lands owned by the state upon a local trustee of granted public trust lands to which those lands have been granted. Existing law authorizes the commission to let leases for the extraction of oil and gas from coastal tidelands or submerged lands in state waters and beds of navigable rivers and lakes within the state in accordance with specified laws. Existing law prohibits the commission or a local trustee, as defined, of granted public trust lands from entering into any new lease or other conveyance authorizing new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018.This bill would require the commission to terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023. The bill would authorize the commission to negotiate voluntary relinquishment of a lease, before the termination, upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 953

Introduced by Senator MinFebruary 09, 2022

Introduced by Senator Min
February 09, 2022

 An act to add Section 6246 to the Public Resources Code, relating to oil and gas. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 953, as introduced, Min. Oil and gas leases: state waters: State Lands Commission.

Existing law vests exclusive jurisdiction over ungranted tidelands and submerged lands owned by the state to the State Lands Commission. Existing law confers the powers of the commission as to leasing or granting of rights or privileges to lands owned by the state upon a local trustee of granted public trust lands to which those lands have been granted. Existing law authorizes the commission to let leases for the extraction of oil and gas from coastal tidelands or submerged lands in state waters and beds of navigable rivers and lakes within the state in accordance with specified laws. Existing law prohibits the commission or a local trustee, as defined, of granted public trust lands from entering into any new lease or other conveyance authorizing new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018.This bill would require the commission to terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023. The bill would authorize the commission to negotiate voluntary relinquishment of a lease, before the termination, upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state. 

Existing law vests exclusive jurisdiction over ungranted tidelands and submerged lands owned by the state to the State Lands Commission. Existing law confers the powers of the commission as to leasing or granting of rights or privileges to lands owned by the state upon a local trustee of granted public trust lands to which those lands have been granted. Existing law authorizes the commission to let leases for the extraction of oil and gas from coastal tidelands or submerged lands in state waters and beds of navigable rivers and lakes within the state in accordance with specified laws. Existing law prohibits the commission or a local trustee, as defined, of granted public trust lands from entering into any new lease or other conveyance authorizing new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018.

This bill would require the commission to terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023. The bill would authorize the commission to negotiate voluntary relinquishment of a lease, before the termination, upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state. 

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California has a longstanding policy that offshore oil and gas production in certain areas of state waters poses an unacceptably high risk of damage and disruption to the marine environment of the state.(b) Offshore oil and gas production creates the risk of oil spills and other pollution that threaten Californias coastal environment, community, and economy.(c) Offshore oil and gas production is inconsistent with state climate policy, including, but not limited to, Section 38566 of the Health and Safety Code, that seeks to reduce dangers to the environment and public health, and threats to environmental justice, from climate change.(d) Of the 11 remaining active leases in California state waters, there are only three active offshore oil and gas platforms, and all other oil and gas leases were legislatively granted to local municipalities.(e) The economic lives of these offshore oil and gas platforms have been largely exhausted, and continuing operations increase the risks of failure of aging infrastructure and that the government will have to pay for decommissioning costs.(f) Oil and gas production impairs bathing, fishing, navigation, and recreation opportunities, is no longer in the interest of the state, and presents a public nuisance.SEC. 2. Section 6246 is added to the Public Resources Code, to read:6246. (a) The commission shall terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023.(b) Before the termination of a lease described in subdivision (a), the commission has full authority to negotiate voluntary relinquishment of a lease upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state.(c) Absent a relinquishment agreement providing otherwise, this section does not release lessees from their obligations to properly plug, abandon, and decommission wells, pipelines, and attendant production facilities, or to restore the tidelands and submerged lands as required by their existing leases and current law.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:(a) California has a longstanding policy that offshore oil and gas production in certain areas of state waters poses an unacceptably high risk of damage and disruption to the marine environment of the state.(b) Offshore oil and gas production creates the risk of oil spills and other pollution that threaten Californias coastal environment, community, and economy.(c) Offshore oil and gas production is inconsistent with state climate policy, including, but not limited to, Section 38566 of the Health and Safety Code, that seeks to reduce dangers to the environment and public health, and threats to environmental justice, from climate change.(d) Of the 11 remaining active leases in California state waters, there are only three active offshore oil and gas platforms, and all other oil and gas leases were legislatively granted to local municipalities.(e) The economic lives of these offshore oil and gas platforms have been largely exhausted, and continuing operations increase the risks of failure of aging infrastructure and that the government will have to pay for decommissioning costs.(f) Oil and gas production impairs bathing, fishing, navigation, and recreation opportunities, is no longer in the interest of the state, and presents a public nuisance.

SECTION 1. The Legislature finds and declares all of the following:(a) California has a longstanding policy that offshore oil and gas production in certain areas of state waters poses an unacceptably high risk of damage and disruption to the marine environment of the state.(b) Offshore oil and gas production creates the risk of oil spills and other pollution that threaten Californias coastal environment, community, and economy.(c) Offshore oil and gas production is inconsistent with state climate policy, including, but not limited to, Section 38566 of the Health and Safety Code, that seeks to reduce dangers to the environment and public health, and threats to environmental justice, from climate change.(d) Of the 11 remaining active leases in California state waters, there are only three active offshore oil and gas platforms, and all other oil and gas leases were legislatively granted to local municipalities.(e) The economic lives of these offshore oil and gas platforms have been largely exhausted, and continuing operations increase the risks of failure of aging infrastructure and that the government will have to pay for decommissioning costs.(f) Oil and gas production impairs bathing, fishing, navigation, and recreation opportunities, is no longer in the interest of the state, and presents a public nuisance.

SECTION 1. The Legislature finds and declares all of the following:

### SECTION 1.

(a) California has a longstanding policy that offshore oil and gas production in certain areas of state waters poses an unacceptably high risk of damage and disruption to the marine environment of the state.

(b) Offshore oil and gas production creates the risk of oil spills and other pollution that threaten Californias coastal environment, community, and economy.

(c) Offshore oil and gas production is inconsistent with state climate policy, including, but not limited to, Section 38566 of the Health and Safety Code, that seeks to reduce dangers to the environment and public health, and threats to environmental justice, from climate change.

(d) Of the 11 remaining active leases in California state waters, there are only three active offshore oil and gas platforms, and all other oil and gas leases were legislatively granted to local municipalities.

(e) The economic lives of these offshore oil and gas platforms have been largely exhausted, and continuing operations increase the risks of failure of aging infrastructure and that the government will have to pay for decommissioning costs.

(f) Oil and gas production impairs bathing, fishing, navigation, and recreation opportunities, is no longer in the interest of the state, and presents a public nuisance.

SEC. 2. Section 6246 is added to the Public Resources Code, to read:6246. (a) The commission shall terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023.(b) Before the termination of a lease described in subdivision (a), the commission has full authority to negotiate voluntary relinquishment of a lease upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state.(c) Absent a relinquishment agreement providing otherwise, this section does not release lessees from their obligations to properly plug, abandon, and decommission wells, pipelines, and attendant production facilities, or to restore the tidelands and submerged lands as required by their existing leases and current law.

SEC. 2. Section 6246 is added to the Public Resources Code, to read:

### SEC. 2.

6246. (a) The commission shall terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023.(b) Before the termination of a lease described in subdivision (a), the commission has full authority to negotiate voluntary relinquishment of a lease upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state.(c) Absent a relinquishment agreement providing otherwise, this section does not release lessees from their obligations to properly plug, abandon, and decommission wells, pipelines, and attendant production facilities, or to restore the tidelands and submerged lands as required by their existing leases and current law.

6246. (a) The commission shall terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023.(b) Before the termination of a lease described in subdivision (a), the commission has full authority to negotiate voluntary relinquishment of a lease upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state.(c) Absent a relinquishment agreement providing otherwise, this section does not release lessees from their obligations to properly plug, abandon, and decommission wells, pipelines, and attendant production facilities, or to restore the tidelands and submerged lands as required by their existing leases and current law.

6246. (a) The commission shall terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023.(b) Before the termination of a lease described in subdivision (a), the commission has full authority to negotiate voluntary relinquishment of a lease upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state.(c) Absent a relinquishment agreement providing otherwise, this section does not release lessees from their obligations to properly plug, abandon, and decommission wells, pipelines, and attendant production facilities, or to restore the tidelands and submerged lands as required by their existing leases and current law.



6246. (a) The commission shall terminate all remaining oil and gas leases under its jurisdiction in tidelands and submerged lands within state waters by December 31, 2023.

(b) Before the termination of a lease described in subdivision (a), the commission has full authority to negotiate voluntary relinquishment of a lease upon those terms and conditions as the commission deems necessary and advisable for the protection of the ecological, economic, and other interests of the state.

(c) Absent a relinquishment agreement providing otherwise, this section does not release lessees from their obligations to properly plug, abandon, and decommission wells, pipelines, and attendant production facilities, or to restore the tidelands and submerged lands as required by their existing leases and current law.