AB 368 — State lands: oil, gas, and mineral leases.
Last action — Consideration of Governor's veto stricken from file.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law requires the State Lands Commission to regulate oil, gas, and mineral leases on public lands. Existing law authorizes a lessee to make and file with the commission a quitclaim or relinquishment of all rights under a lease or a portion of a lease comprising a 10-acre parcel or multiple parcels in a compact form, or of a separate or distinct zone or geological horizon or portion underlying a 10-acre parcel or multiple parcels. The quitclaim or relinquishment is effective as of the date of filing and the fulfilling of certain conditions. This bill would delete provisions referring to zones and geographical horizons of a parcel and would instead refer to land. The bill would make the quitclaim or relinquishment effective upon the completion of any required abandonment of all facilities and any required reclamation of the lease premises as approved by the commission. Commission approval, contingent upon any other agreement between the lessee and the commission, would be required for the lessee to be released from all obligations accruing under the lease with respect to the lands. Existing law prohibits the quitclaim or relinquishment from releasing the lessee or the lessee's surety from liability for the breach of an obligation of the lease with respect to which the lease is in default at the time of the filing of the quitclaim or relinquishment. This bill instead would prohibit the quitclaim or relinquishment from releasing the lessee or the lessee's surety from liability for the breach of an obligation of the lease if the lessee is in default at the time of the approval, rather than the filing, of the quitclaim or relinquishment. This bill would also require a lessee's request for commission approval of a quitclaim or relinquishment of all rights under a lease or portion of a lease of land to be heard at the next regularly scheduled commission meeting for which the request can be properly noticed.
Bill Text
- Enrolled 09/04/09 - Enrolled Current pdf September 04, 2009
- Amended 07/23/09 - Amended Senate pdf July 23, 2009
- Amended 05/28/09 - Amended Senate pdf May 28, 2009
- Introduced 02/23/09 - Introduced pdf February 23, 2009
- AB368 View text html
Action History
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Consideration of Governor's veto stricken from file.
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Consideration of Governor's veto pending.
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Vetoed by Governor.
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Enrolled and to the Governor at 2:45 p.m.
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Senate amendments concurred in. To enrollment. (Ayes 47. Noes 28. Page 2947.)
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Assembly Rule 77 suspended. (Ayes 48. Noes 27. Page 2889.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.
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Read third time, passed, and to Assembly. (Ayes 23. Noes 13. Page 2015.)
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Read second time. To third reading.
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Read third time, amended. To second reading.
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Read second time. To third reading.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 4.) (June 23).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.
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Referred to Com. on G.O.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time, passed, and to Senate. (Ayes 48. Noes 30. Page 1361.)
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Read second time. To third reading.
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From committee: Do pass. (Ayes 11. Noes 5.) (April 22).
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 13).
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Referred to Com. on NAT. RES.
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From printer. May be heard in committee March 26.
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Read first time. To print.
Sponsors
- Skinner · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No
Sponsors (1)
- Skinner
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 29 | 0 | 4 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 56 | 31 | 0 | 4 |
| % of votes cast | 62% | 34% | 0% | 4% |
How each member voted (91)
| Member | Party | Vote |
|---|---|---|
| Carter | — | Yea |
| Evans | — | Yea |
| Fuentes | — | Yea |
| Yamada | — | Yea |
| Chesbro | — | Yea |
| Furutani | — | Yea |
| Hayashi | — | Yea |
| Hernandez | — | Yea |
| Charles | — | Yea |
| Hill | — | Yea |
| Krekorian | — | Yea |
| Lieu | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Fong | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Conway | — | Nay |
| Cook | — | Nay |
| Coto | — | Yea |
| Bill | — | Nay |
| Tom | — | Nay |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Nava | — | Yea |
| Adams | — | Nay |
| Anderson | — | Nay |
| Bass | — | Yea |
| Block | — | Yea |
| Duvall | — | Nay |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Torres | — | Yea |
| Fletcher | — | Nay |
| Audra | — | Nay |
| Fuller | — | Nay |
| Garrick | — | Nay |
| Hagman | — | Nay |
| Hall | — | Not Voting |
| Harkey | — | Nay |
| Blakeslee | — | Not Voting |
| Huber | — | Nay |
| Knight | — | Nay |
| Logue | — | Nay |
| Miller | — | Nay |
| Nestande | — | Not Voting |
| Silva | — | Nay |
| Smyth | — | Nay |
| Villines | — | Nay |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Not Voting |
| Huffman | — | Yea |
| Jeffries | — | Nay |
| Ma | — | Yea |
| Nielsen | — | Nay |
| Ruskin | — | Yea |
| Swanson | — | Yea |
| Torrico | — | Yea |
| Tran | — | Nay |
| Emmerson | — | Nay |
| Eng | — | Yea |
| Feuer | — | Yea |
| Davis | — | Yea |
| DeVore | — | Nay |
| Galgiani | — | Yea |
| Gilmore | — | Nay |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Bill Berryhill | — | Nay |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Nay |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 12 | 0 | 3 |
| Democratic | 1 | 0 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 24 | 13 | 0 | 4 |
| % of votes cast | 59% | 32% | 0% | 10% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Yea |
| Wyland | — | Nay |
| Harman | — | Not Voting |
| Ashburn | — | Not Voting |
| Cedillo | — | Yea |
| Corbett | — | Yea |
| Lowenthal | — | Yea |
| Negrete | — | Yea |
| Ducheny | — | Yea |
| Hollingsworth | — | Nay |
| Kehoe | — | Yea |
| Leno | — | Yea |
| McLeod | — | Yea |
| Runner | — | Nay |
| Alquist | — | Yea |
| Benoit | — | Nay |
| Dutton | — | Nay |
| Oropeza | — | Yea |
| Romero | — | Yea |
| Simitian | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Nay |
| Wiggins | — | Yea |
| Wolk | — | Yea |
| Aanestad | — | Nay |
| Huff | — | Nay |
| Liu | — | Yea |
| Maldonado | — | Yea |
| Pavley | — | Yea |
| Price | — | Yea |
| Wright | — | Yea |
| Cogdill | — | Nay |
| Correa | — | Nay |
| Cox | — | Nay |
| DeSaulnier | — | Not Voting |
| Denham | — | Nay |
| Florez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Not Voting |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 4 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 1 |
| Total | 9 | 4 | 0 | 1 |
| % of votes cast | 64% | 29% | 0% | 7% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Negrete | — | Yea |
| Denham | — | Nay |
| Harman | — | Nay |
| McLeod | — | Yea |
| Benoit | — | Nay |
| Oropeza | — | Yea |
| Price | — | Yea |
| Wiggins | — | Yea |
| Wright | — | Yea |
| Wyland | — | Nay |
| Florez | — | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 31 | 0 | 2 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 57 | 33 | 0 | 2 |
| % of votes cast | 62% | 36% | 0% | 2% |
How each member voted (92)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Nay |
| Carter | — | Yea |
| Evans | — | Yea |
| Chesbro | — | Yea |
| Feuer | — | Yea |
| Furutani | — | Yea |
| Charles | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Beall | — | Yea |
| Block | — | Yea |
| Coto | — | Yea |
| Davis | — | Yea |
| Bonnie | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Conway | — | Nay |
| Bill | — | Nay |
| Berryhill | — | Nay |
| Tom | — | Nay |
| Berryhill | — | Nay |
| Fuller | — | Nay |
| Garrick | — | Nay |
| Gilmore | — | Nay |
| Fletcher | — | Nay |
| Gaines | — | Nay |
| Audra | — | Nay |
| Cook | — | Nay |
| Duvall | — | Nay |
| Hall | — | Yea |
| Harkey | — | Nay |
| Hernandez | — | Yea |
| Hill | — | Yea |
| Huber | — | Nay |
| Jeffries | — | Nay |
| Knight | — | Nay |
| Adams | — | Nay |
| Ammiano | — | Not Voting |
| Anderson | — | Nay |
| Bass | — | Not Voting |
| Blakeslee | — | Nay |
| Lieu | — | Yea |
| Logue | — | Nay |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Nava | — | Yea |
| Price | — | Yea |
| Ruskin | — | Yea |
| Silva | — | Nay |
| Smyth | — | Nay |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Torres | — | Yea |
| Tran | — | Nay |
| Villines | — | Nay |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hayashi | — | Yea |
| Huffman | — | Yea |
| Krekorian | — | Yea |
| Ma | — | Yea |
| Miller | — | Nay |
| Nestande | — | Nay |
| Nielsen | — | Nay |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Torrico | — | Yea |
| Emmerson | — | Nay |
| Eng | — | Yea |
| DeVore | — | Nay |
| Yamada | — | Yea |
| Fuentes | — | Yea |
| Galgiani | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Nay |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 5 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 1 |
| Total | 15 | 6 | 0 | 1 |
| % of votes cast | 68% | 27% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Yea |
| Charles | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Ammiano | — | Yea |
| Perez | — | Yea |
| Audra | — | Nay |
| Harkey | — | Nay |
| Duvall | — | Nay |
| Solorio | — | Yea |
| Miller | — | Nay |
| Nielsen | — | Nay |
| Price | — | Yea |
| Skinner | — | Yea |
| Torlakson | — | Yea |
| Davis | — | Yea |
| Fuentes | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 3 | 0 | 0 |
| Total | 7 | 3 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Chesbro | — | Yea |
| Gilmore | — | Nay |
| Hill | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Huffman | — | Yea |
| Brownley | — | Yea |
| Knight | — | Nay |
| Logue | — | Nay |
| Skinner | — | Yea |
Subjects
Frequently asked questions
- What does AB 368 do?
- Existing law requires the State Lands Commission to regulate oil, gas, and mineral leases on public lands. Existing law authorizes a lessee to make and file with the commission a quitclaim or relinquishment of all rights under a lease or a portion of a lease comprising a 10-acre parcel or multiple parcels in a compact form, or of a separate or distinct zone or geological horizon or portion underlying a 10-acre parcel or multiple parcels. The quitclaim or relinquishment is effective as of the date of filing and the fulfilling of certain conditions. This bill would delete provisions referring to zones and geographical horizons of a parcel and would instead refer to land. The bill would make the quitclaim or relinquishment effective upon the completion of any required abandonment of all facilities and any required reclamation of the lease premises as approved by the commission. Commission approval, contingent upon any other agreement between the lessee and the commission, would be required for the lessee to be released from all obligations accruing under the lease with respect to the lands. Existing law prohibits the quitclaim or relinquishment from releasing the lessee or the lessee's surety from liability for the breach of an obligation of the lease with respect to which the lease is in default at the time of the filing of the quitclaim or relinquishment. This bill instead would prohibit the quitclaim or relinquishment from releasing the lessee or the lessee's surety from liability for the breach of an obligation of the lease if the lessee is in default at the time of the approval, rather than the filing, of the quitclaim or relinquishment. This bill would also require a lessee's request for commission approval of a quitclaim or relinquishment of all rights under a lease or portion of a lease of land to be heard at the next regularly scheduled commission meeting for which the request can be properly noticed.
- Who sponsors AB 368?
- AB 368 is sponsored by Skinner.
- What is the current status of AB 368?
- This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 368?
- Track AB 368 free on One Click Politics — get push/email alerts when it moves.
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