California 2009-2010 Regular Session Status: To Executive

AB 368 — State lands: oil, gas, and mineral leases.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 2:45 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 47. Noes 28. Page 2947.)

  6. Assembly Rule 77 suspended. (Ayes 48. Noes 27. Page 2889.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 23. Noes 13. Page 2015.)

  9. Read second time. To third reading.

  10. Read third time, amended. To second reading.

  11. Read second time. To third reading.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  13. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 4.) (June 23).

  14. 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.

  15. Referred to Com. on G.O.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 48. Noes 30. Page 1361.)

  18. Read second time. To third reading.

  19. From committee: Do pass. (Ayes 11. Noes 5.) (April 22).

  20. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 13).

  21. Referred to Com. on NAT. RES.

  22. From printer. May be heard in committee March 26.

  23. 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 56 Yea · 31 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 522904
Democratic 3000
Republican 1200
Total 563104
% 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

Official roll call →

Passed 24 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 231203
Democratic 1001
Republican 0100
Total 241304
% 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

Official roll call →

Passed 9 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8400
Democratic 1001
Total 9401
% 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

Official roll call →

Passed 57 Yea · 33 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 513102
Democratic 5000
Republican 1200
Total 573302
% 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

Official roll call →

Do pass.

Passed 15 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14500
Democratic 1000
Republican 0101
Total 15601
% 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

Official roll call →

Subjects

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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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