Repealed and added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.
This chapter shall be known, and may be cited, as the California Coastal Sanctuary Act of 1994.
Chapter 3.4 - California Coastal Sanctuary
California Public Resources Code — §§ 6240-6245
Sections (6)
Repealed and added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.
The Legislature hereby finds and declares 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.
Repealed and added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.
(a)A California Coastal Sanctuary is hereby created which includes all state waters subject to tidal influence, except as provided in subdivisions (b) and (c).
(b)The California Coastal Sanctuary shall not include any state waters subject to a lease for the extraction of oil or gas in effect on January 1, 1995, unless the lease is deeded or otherwise reverts to the state after that date.
(c)The California Coastal Sanctuary shall not include any state waters situated east of the Carquinez Bridges on Interstate 80.
Repealed and added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.
Notwithstanding any provision of Article 4 (commencing with Section 6870) of Chapter 3 of Part 2 or any other provision of law, no state agency or state officer shall enter into any new lease for the extraction of oil or gas from the California Coastal Sanctuary, unless the President of the United States has found a severe energy supply interruption and has ordered distribution of the Strategic Petroleum Reserve pursuant to Section 6241(d) of Title 42 of the United States Code, the Governor finds that the energy resources of the sanctuary will contribute significantly to the alleviation of that interruption, and the Legislature subsequently acts to amend this chapter to allow that extraction.
Added by Stats. 1994, Ch. 970, Sec. 2. Effective January 1, 1995.
The commission may enter into any lease for the extraction of oil or gas from state-owned tide and submerged lands in the California Coastal Sanctuary if the commission determines that those oil or gas deposits are being drained by means of producing wells upon adjacent federal lands and the lease is in the best interests of the state.
Added by Stats. 2018, Ch. 310, Sec. 1. (AB 1775) Effective January 1, 2019.
(a)Except as provided in subdivision (e), the commission or a local trustee shall not enter 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.
(b)(1) Upon receipt of an application for a lease renewal, extension, amendment, or modification to authorize 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, the commission or local trustee shall provide notice of this application by including it as a separate informational item on the agenda of the commission’s or local trustee’s next duly noticed public meeting. Summary information about the requested lease renewal, extension, amendment, or modification shall
be included in the agenda summary.
(2)Notwithstanding the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code), the commission or local trustee shall take no further action to approve the requested lease renewal, extension, amendment, or modification until 180 days after the notification required in paragraph (1).
(c)Prior to approving any lease renewal, extension, amendment, or modification to authorize 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, the commission or local trustee shall consider, at a minimum, the following:
(1)Whether the lease renewal, extension, amendment, or modification is
necessary to protect the marine environment or to ensure human health and safety.
(2)Whether the lease renewal, extension, amendment, or modification provides a benefit to the state beyond additional lease revenues.
(3)Whether the lease renewal, extension, amendment, or modification will impact the volume of oil and gas that may be transported across state waters.
(d)(1) Any lease renewal, extension, amendment, or modification that will increase the volume of oil and gas conveyed across state waters shall not be approved at the same properly noticed public meeting at which the lease renewal, extension, amendment, or modification is first presented.
(2)The commission or local trustee shall accept public comments at the same
meeting at which it votes to approve or disapprove any lease renewal, extension, amendment, or modification that will increase the volume of oil and gas conveyed across state waters. Any lease subject to this section shall be approved by a vote of the commission or the governing board of the local trustee.
(e)Nothing in this section shall prohibit any of the following:
(1)The commission from issuing leases pursuant to Section 6243 or 6244.
(2)Any activity
undertaken to repair or maintain any pipeline or other infrastructure used to convey oil or natural gas or any other activity necessary to ensure the safe operation of infrastructure used in the exploration, development, or production of oil or natural gas.
(3)Any activity undertaken to convey oil or natural gas produced from state waters.
(f)The commission may establish regulations for the implementation of this section.
(g)For the purposes of this section, the following terms have the following meanings:
(1)“Local trustee” means a local trustee of granted public trust lands that is a county, city, or district, including water, sanitary, regional park, port, or harbor districts, or
any other local political or corporate subdivision that has been granted public trust lands through a legislative grant.
(2)“Pacific Outer Continental Shelf” means all submerged lands lying seaward of California, Hawaii, Oregon, and Washington and outside of the area of lands beneath navigable waters, as set forth by the
federal Submerged Lands Act (43 U.S.C. Sec. 1331), and all of which appertain to the United States and are subject to its jurisdiction and control.
(3)“State waters” has the same meaning as defined in Section 36108.