Today's Law As Amended


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AB-3233 Oil and gas: operations: restrictions: local authority.(2023-2024)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares both of the following:
(a) Protecting public health, safety, and the environment is of the utmost importance to all Californians. In order to protect public health and safety, cities and counties must have the authority to regulate oil and gas operations within their jurisdictions, including operations that may otherwise be approved by the State Oil and Gas Supervisor.
(b) Empowering cities and counties to regulate, limit, or prohibit oil and gas operations in their jurisdictions will therefore enable communities to make decisions that align with their needs.

SEC. 2.

 Section 3106.1 is added to the Public Resources Code, to read:

3106.1.
 (a) Notwithstanding any other law, and notwithstanding any notice of intention, supplemental notice, well stimulation treatment permit, or similar authorization issued by the supervisor or district deputy, a local entity may, by ordinance, prohibit oil and gas operations or development in its jurisdiction or impose regulations, limits, or prohibitions on oil and gas operations or development that are more protective of public health, the climate, or the environment than those prescribed by a state law, regulation, or order. These limitations or prohibitions may include, but are not limited to, limitations or prohibitions related to the methods of oil and gas operations or development and the locations of oil and gas operations or development.
(b) If a local entity limits or prohibits oil and gas operations or development of an owner or operator pursuant to subdivision (a), the owner or operator shall be responsible for plugging and abandoning its wells, decommissioning attendant production facilities, and related measures, pursuant to the rules of this division.
(c) For purposes of this section, “local entity” means a city, county, or city and county, including a charter city, county, and city and county.
SEC. 3.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.