reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3742.2.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3743.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3744.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3745.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3746.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3747.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3748.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3749.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3750.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3751.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3752.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3753.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3754.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3754.5.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3755.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3756.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3757.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3757.1.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3757.2.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3758.

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.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3760.

3760. Each day in which the drilling of any well is carried on, or on which it is permitted to produce geothermal resources in violation of this chapter is a separate nuisance.
(Amended by Stats. 1967, Ch. 1398.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3762.

3762. (a) The operator of a well to whom the supervisor or district deputy has issued an order pursuant to this chapter may file a notice of appeal to the director from that order. The notice of appeal shall be in writing and shall be filed with the supervisor or with the district deputy who issued the order. The operator shall file the appeal within 10 days of the service of the order. Failure of the operator to file an appeal from the order within the 10-day period shall be a waiver by the operator of its rights to challenge the order. If the order is served by mail, the time for responding shall be determined as provided in Section 1013 of the Code of Civil Procedure.
(b) (1) The filing of a written notice of appeal shall operate as a stay of the order, except when an order for remedial work is issued as an emergency order pursuant to Section 3744. If the order is an emergency order, the operator shall immediately perform whatever work is required by the order to alleviate the emergency or shall permit the agents appointed by the supervisor to perform that work.
(2) If the emergency order is set aside or modified on appeal, the supervisor shall refund the reasonable costs incurred by the operator for whatever work is not required by the set-aside or modified order or shall not impose costs for work performed by the supervisor or the supervisor’s agents if the work is excluded from the modified order or the order is set aside.
(3) (A) The costs to be refunded pursuant to paragraph (2) by the supervisor shall be determined in a hearing before the director after the exhaustion of appeals. The operator shall have the burden of proving the amount of costs to be refunded.
(B) A determination by the director as to the amount of costs to be refunded pursuant to paragraph (2) may be appealed by the operator pursuant to subdivision (a) of Section 3354.
(4) If the operator believes that it will be irretrievably injured by the performance of the work required to alleviate the emergency pending the outcome of the appeal, the operator may seek an order from the appropriate superior court restraining the enforcement of the order pending the outcome of the appeal.
(Repealed and added by Stats. 2010, Ch. 264, Sec. 20. (AB 2453) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3763.

3763. (a) A hearing shall be provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code only in an appeal from an order in the following circumstances:
(1) Issued pursuant to a Section 3755 finding that the operator’s wells are deserted and should be plugged and abandoned.
(2) Rescinding an injection project approval for a project that has already commenced.
(b) An order issued pursuant to Section 3743 shall satisfy the requirement of Section 11503 of the Government Code that an accusation be filed.
(c) For an appeal of an order that is not described in subdivision (a), a hearing shall be conducted by the director in accordance with Sections 3764 and 3765.
(d) For an appeal of an order that is described in subdivision (a) and is also an emergency order for remedial work, a hearing shall be conducted by the director in accordance with Sections 3764 and 3765 for the limited purpose of considering the emergency order for remedial work. All other penalties and requirements imposed by the order shall be considered at a hearing provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2010, Ch. 264, Sec. 21. (AB 2453) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3765.

3765. (a) Within 30 days after the close of a hearing conducted by the director, the director shall issue a written decision affirming, setting aside, or modifying the order from which the appeal was taken. The director’s written decision shall be based upon the preponderance of the evidence and shall set forth the director’s factual findings, legal conclusions, and rationale for the result. The director may extend the 30-day period for issuing the written decision if the extension is agreed to by the operator.
(b) The director shall file the written decision with the supervisor and serve it on the operator as soon as the decision is complete, at which time the decision shall be deemed final. The director’s decision shall supersede the order of the supervisor from which the appeal was made. If the director affirms or modifies the order, the director shall retain jurisdiction until the operator completes the work required to be performed by the order.
(Repealed and added by Stats. 2010, Ch. 264, Sec. 25. (AB 2453) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3766.

3766. (a) Following a hearing conducted by the director pursuant to Sections 3764 and 3765 or subdivision (b) of Section 3762, the operator may obtain judicial review of the decision of the director by filing a petition for writ of administrative mandamus in the superior court of the county where the division’s district office from which the order was issued is located. The operator shall file the petition within 30 days after the date the operator was served with the decision.
(b) Following a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the operator may obtain judicial review of the decision pursuant to Section 11523 of the Government Code.
(Repealed and added by Stats. 2010, Ch. 264, Sec. 27. (AB 2453) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3767.

3767. When an operator seeks judicial review of a decision of the director, including a decision following a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the court shall hear the cause on the record before the director or an administrative law judge. New or additional evidence shall not be introduced in court. The court’s inquiry shall extend to whether the director acted without or in excess of jurisdiction, whether there was a fair hearing, and whether there is any prejudicial abuse of discretion. Abuse of discretion is established if the administrative proceeding has not been conducted in the manner required by law, the decision is not supported by the findings, or the findings are not supported by substantial evidence in light of the whole record.
(Repealed and added by Stats. 2010, Ch. 264, Sec. 29. (AB 2453) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3768.

3768. If the operator does not appeal an order, if the operator does not timely seek judicial review of a decision affirming or modifying an order within the time provided in Section 3766, or if the operator has timely sought and obtained judicial review and the court has affirmed the decision, then any charge, including penalty and interest, that the decision permits the supervisor to impose on the operator for work performed by the supervisor or the supervisor’s agents shall constitute a state tax lien against the real and personal property of the operator pursuant to Section 3772.
(Repealed and added by Stats. 2010, Ch. 264, Sec. 31. (AB 2453) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3769.

3769. In any proceeding instituted by the supervisor for the purpose of enforcing or carrying out the provisions of this chapter, or for the purpose of holding an investigation to ascertain the condition of any well or wells complained of, or which in the opinion of the supervisor may reasonably be presumed to be improperly located, drilled, operated, maintained, or conducted, the supervisor shall have the power to administer oaths and may apply to a judge of the superior court of the county in which the proceeding or investigation is pending, for a subpoena for witnesses to attend the proceeding or investigation. Upon the application of the supervisor, the judge of the superior court shall issue a subpoena directing the witness to attend the proceeding or investigation, and such person shall be required to produce, when directed, all records, surveys, documents, books, or accounts in the witness’ custody or under the witness’ control; except that no person shall be required to attend upon such proceeding, unless the person resides within the same county or within 100 miles of the place of attendance.
The supervisor may in such case cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, and may, upon application to a judge of the superior court of the county within which the proceeding or investigation is pending, obtain a subpoena compelling the attendance of witnesses and the production of records, surveys, documents, books, or accounts at such places as the judge may designate within the limits prescribed in this section.
(Amended by Stats. 2004, Ch. 182, Sec. 56. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3770.

3770. Witnesses shall be entitled to receive the fees and mileage fixed by law in civil causes, payable from the Oil, Gas, and Geothermal Administrative Fund.
(Amended by Stats. 2003, Ch. 240, Sec. 19. Effective August 13, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3771.

3771. In case of the failure or neglect on the part of any person to comply with any order of the supervisor or the director, or any subpoena, or upon the refusal of any witness to testify to any matter regarding which the person may lawfully be interrogated, or upon refusal or neglect to appear and attend at any proceeding or hearing on the day specified, after having received a written notice of not less than 10 days prior to the proceeding or hearing, or upon the person’s failure, refusal or neglect to produce books, papers, or documents as demanded in the order or subpoena upon that day, that failure, refusal or neglect constitutes a misdemeanor. Each day’s further failure, refusal, or neglect is a separate and distinct offense.
The district attorney of the county in which the proceeding, hearing, or investigation is to be held, shall prosecute any person guilty of violating this section by continuous prosecution until the person appears or attends or produces the books, papers, or documents, or complies with the subpoena or order of the supervisor or the director.
(Amended by Stats. 1984, Ch. 278, Sec. 13.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3772.

3772. (a) If any person fails to pay any charge or penalty imposed under this chapter at the time that it becomes due and payable, the amount thereof, including penalties and interest, together with any costs in addition thereto, shall thereupon be a perfected and enforceable state tax lien. Such a lien is subject to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code.
(b) For the purpose of this section only, “due and payable” means the date a return is required to be filed, without regard to any extension of time, without payment of the amount due or the date a determination or assessment made under this chapter becomes final, whichever is applicable.
(Amended by Stats. 1980, Ch. 600, Sec. 12.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3772.2.

3772.2. A warrant may be issued by the Controller or his or her duly authorized representative for the collection of any charges, interests and penalty and for the enforcement of any such lien directed to the sheriff and shall have the same effect as a writ of execution. It may and shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.
(Amended by Stats. 1996, Ch. 872, Sec. 129. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3772.4.

3772.4. The sheriff shall receive, upon the completion of his or her services pursuant to a warrant, and the Controller is authorized to pay to him or her the same fees and commissions and expenses in connection with services pursuant to the warrant as are provided by law for similar services pursuant to a writ of execution; provided, that fees for publication in a newspaper shall be subject to approval by the Controller rather than by the court; the fees, commissions and expenses shall be an obligation of the person or persons liable for the payment of those charges and may be collected from such person or persons by virtue of the warrant or in any other manner provided in this chapter for the collection of those charges.
(Amended by Stats. 1996, Ch. 872, Sec. 130. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3772.6.

3772.6. In the event that the lien of the charges, penalties or interest attaches to real property from which geothermal energy is extracted and more than one parcel of property is included within the lien, the Controller may release by certificate pursuant to Section 7174 of the Government Code from the lien of such charges, interest, and penalties and costs, upon payment by the owner of any parcel or parcels of property of his proportionate share of the charges.
(Amended by Stats. 1980, Ch. 600, Sec. 13.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3773.

3773. The Controller shall, on or before the 90th day following the delinquency of any charge, bring an action in the name of the people of the state, in the county in which the property involved in the order is situated, to collect any delinquent charges, together with any penalties or costs, which have not been paid.
(Added by Stats. 1965, Ch. 1483.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3774.

3774. The Attorney General shall commence and prosecute any such action to final judgment.
(Amended by Stats. 2018, Ch. 349, Sec. 7. (AB 3257) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3775.

3775. In such actions the record of charges, or a copy of so much thereof as is applicable, duly certified by the Controller, showing unpaid charges against any person, is prima facie evidence of the charges, the delinquency, the amount of charges, penalties, and costs due and unpaid, that the person is indebted to the people of the State of California in the amount of charges and penalties therein appearing unpaid, and that all forms of law in relation to the charges have been complied with.
The provisions of the Code of Civil Procedure relating to service of summons, pleadings, proofs, trials, and appeals are applicable to the proceedings.
(Amended by Stats. 1977, Ch. 579.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 4 - Geothermal Resources › Section 3776.

3776. Payment of the penalties and charges, or the amount of the judgment recovered in the action, shall be made to the State Treasurer, and shall be returned and credited to the Oil, Gas, and Geothermal Administrative Fund.
(Amended by Stats. 2003, Ch. 240, Sec. 20. Effective August 13, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 5 - Oil Sumps › Section 3780.

3780. As used in this chapter, an “oil sump” is any open depression or basin in the ground, whether manmade or natural, which contains oil or a combination of oil and water.
(Added by Stats. 1973, Ch. 1076.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 5 - Oil Sumps › Section 3782.

3782. The supervisor shall promulgate rules and regulations for the adequate screening of oil sumps to protect wildlife and shall order the closure of any oil and gas production operation maintaining an exposed or inadequately screened oil sump in violation of such rules and regulations.
(Added by Stats. 1973, Ch. 1076.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 5 - Oil Sumps › Section 3783.

3783. Whenever the supervisor receives notification from the Department of Fish and Game pursuant to subdivision (a) of Section 1016 of the Fish and Game Code that an oil sump is hazardous to wildlife, he shall forthwith given written notice of such hazardous condition to the owner, lessee, operator, or person responsible for the existence of the condition and set forth the hazardous conditions as specified by the Department of Fish and Game. The owner, lessee, operator, or person responsible shall, within 30 days from the date of such notification, or such longer period as may be mutually agreed upon by the supervisor, the Department of Fish and Game, and the owner, lessee, operator, or person responsible, clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game. If the owner, lessee, operator, or person responsible does not clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game within the required period of time, the supervisor shall forthwith order the closure of the oil and gas production operation maintaining the oil sump.
(Amended by Stats. 1974, Ch. 772.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 5 - Oil Sumps › Section 3784.

3784. Whenever the supervisor receives notification from the Department of Fish and Game pursuant to subdivision (b) of Section 1016 of the Fish and Game Code that an oil sump constitutes an immediate and grave danger to wildlife, he shall forthwith give written notice of such immediately dangerous condition to the owner, lessee, operator, or person responsible for the existence of the condition and set forth the immediately dangerous condition as specified by the Department of Fish and Game. The owner, lessee, operator, or person responsible shall, within 10 days from the date of such notification, or such longer period as may be mutally agreed upon pursuant to Section 3784.5 by the supervisor, the Department of Fish and Game, and the owner, lessee, operator, or person responsible, clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game. If the owner, lessee, operator, or person responsible does not clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game within the required period of time, the supervisor shall forthwith order the closure of the oil and gas production operation maintaining the oil sump.
(Amended by Stats. 1974, Ch. 772.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 5 - Oil Sumps › Section 3784.5.

3784.5. Extension of the 10-day period specified in Section 3784 may be granted only in cases where the supervisor and the Department of Fish and Game have determined that screening or elimination of the oil sump cannot be reasonably accomplished within 10 days.
(Added by Stats. 1973, Ch. 1076.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 5 - Oil Sumps › Section 3785.

3785. The supervisor and the Department of Fish and Game shall develop a joint program to coordinate their respective responsibilities under this chapter and Section 1016 of the Fish and Game Code to protect the wildlife resources of the state from the hazards of exposed oil sumps.
(Added by Stats. 1973, Ch. 1076.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 5 - Oil Sumps › Section 3787.

3787. No provision of this chapter shall be construed as a limitation on the authority and responsibilities of the supervisor with respect to the enforcement or administration of any provision of state law which he is authorized or required to enforce or administer.
(Added by Stats. 1973, Ch. 1076.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 1 - Purpose › Section 3800.

3800. The purpose of this chapter is to provide for the allocation of revenues distributed to the state pursuant to Section 35 of the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C. Sec. 191), with respect to activities of the United States Bureau of Land Management, the United States Forest Service, and other federal agencies undertaken pursuant to the Geothermal Steam Act of 1970 (Chapter 23 (commencing with Section 1001) of Title 30 of the United States Code) in order to accomplish the following general objectives:
(a) Reduction of dependence on fossil fuels and stimulation of the state’s economy through development of geothermal resources.
(b) Mitigation of the adverse social, economic, and environmental impacts caused by geothermal development.
(c) Financial assistance to cities, counties, and districts to offset the costs of providing public services and facilities necessitated by the development of geothermal resources within their jurisdictions.
(d) Maintenance of the productivity of renewable resources through the investment of the proceeds of a depleting resource.
(Amended by Stats. 1984, Ch. 1066, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 2 - Definitions › Section 3805.

3805. The definitions set forth in this article shall govern the construction of this chapter.
(Added by Stats. 1980, Ch. 139, Sec. 1. Effective May 30, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 2 - Definitions › Section 3805.5.

3805.5. “Commission” means the State Energy Resources Conservation and Development Commission.
(Added by Stats. 1994, Ch. 553, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 2 - Definitions › Section 3806.

3806. “County of origin” means any county in which the United States has leased lands for geothermal development.
(Amended by Stats. 1980, Ch. 800, Sec. 15. Effective July 28, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 2 - Definitions › Section 3807.

3807. “Local jurisdiction” means any unit of Indian government, any city, county, or district, including, but not limited to, a regional planning agency and a public utility district, or any combination thereof formed for the joint exercise of any power, except that “public utility district” does not include any public utility district which generates for sale more than 50 megawatts gross of electricity.
(Amended by Stats. 1984, Ch. 1066, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 2 - Definitions › Section 3808.

3808. “Geothermal resources” means geothermal resources designated by the United States Geological Survey or the Department of Conservation, or by both.
The department shall periodically review, and revise as necessary, its designation of geothermal resource areas and shall transmit any changes to the State Energy Resources Conservation and Development Commission.
(Added by Stats. 1980, Ch. 139, Sec. 1. Effective May 30, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 3 - OIL AND GAS › CHAPTER 6 - Disposition of Geothermal Revenues › ARTICLE 2 - Definitions › Section 3809.

3809. “Private entity” means any individual or organization engaged in the exploration and development of geothermal energy for profit.
(Added by Stats. 1990, Ch. 644, Sec. 1.)