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State
California Regulations
TITLE 14. NATURAL RESOURCES DIVISION 2. DEPARTMENT OF CONSERVATION

database is current through 10/6/06, Register 2006, No. 40

s 1670. General Provisions.

The Political Reform Act (Government Code Sections 81000,et seq.),requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories shall constitute the conflict of interest code of the Department of Conservation.

Designated employees shall file statements of economic interests with the Department. Upon receipt of the statements of the Director and members of Boards and Commissions, the Department shall make and retain a copy and forward the originals of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the Department which shall make them available for public inspection and reproduction.


Note: Authority cited: Sections 87300 and 87306, Government Code. Reference: Sections 87300, et seq., Government Code.







Appendix A Designated Employees and Retired Annuitants filling such positions under the Conflict of Interest Code of the Department of Conservation

The following individuals are hereby required to file statements of economic interests in accordance with the disclosure category indicated:

Executive

Disclosure
Position Category
Director............................................. 1

Chief Deputy Director................................ 1
Deputy Director...................................... 1
Members, State Mining and Geology Board.............. 1
Executive Officer, State Mining and Geology Board.... 3
Designation Coordinator.............................. 3
Equal Opportunity and Strategic Planning Officer..... 1


Office of Mine Reclamation

Assistant Director, Office of Mine Reclamation...... 1
Manager, Reclamation Unit........................... 1
Manager, Abandoned Mine Lands Unit.................. 1
Manager, Reporting and Compliance Unit.............. 1
All Staff Performing SMARA Compliance (Reporting and
Compliance Unit)................................... 1


Legal Office


Chief Counsel........... 1
Senior Staff Counsel.... 1
Staff Counsel........... 1


Office of Governmental and Environmental Relations

Assistant Director, Office of Government and Environmental Relations.... 1


Public Information Office

Communications Director.... 1
Staff Services Analyst..... 1
Recycling Specialist....... 1


Division of Land Resource Protection

Assistant Director, Division of Land Resource Protection.... 1
Associate Environmental Planner............................. 6


California Farmland Conservancy Program

Senior Land and Water Use Analyst......... 1
Research Analyst.......................... 6
Associate Governmental Program Analyst.... 6
Associate Land and Water Use Analyst...... 6
Associate Land Agent...................... 6


Resource Conservation District Assistance Program

Environmental Scientist................... 6
Associate Governmental Program Analyst.... 6



Farmland Mapping and Monitoring Program

Senior Land and Water Use Analyst.... 1


Williamson Act Program

Environmental Program Manager............. 1
Staff Environmental Scientist............. 6
Associate Environmental Planner........... 6
Associate Governmental Program Analyst.... 6
Research Analyst.......................... 6


Division of Administration



Assistant Director, Administration........ 1
Accounting Administrator.................. 2
Accounting Officer........................ 2
Budget Officer............................ 1
Program Budget Specialist................. 2
Chief, Human Resources.................... 2
Assistant Chief, Human Resources.......... 2
Administrative Services Officer........... 2
Business Services Officer (Supervisor).... 2


Office of Technology Services

Assistant Director, Office of Technology Services.... 2
Manager for Applications Development................. 2
Manager of Operations................................ 2
Systems Network Administrator........................ 2
Geographic Information Systems Support Lead.......... 2


California Geological Survey

State Geologist........... 1
Supervising Geologists.... 2 and 3
Senior Geologist.......... 2
Staff Services Manager.... 2 and 3


Seismic Hazards Mapping Program

Senior Engineering Geologist.... 2 and 3
Engineering Geologist........... 2 and 3
Research Manager................ 2


Regional Geologic and Hazards Mapping Program

Senior Geologist................ 2 and 3

Senior Seismologist............. 2 and 3
Senior Engineering Geologist.... 2 and 3


Timber Harvest Program Enforcement and Watershed Restoration Program

Senior Engineering Geologist.... 2 and 3
Engineering Geologist........... 2 and 3


Strong Motion Instrumentation/Earthquake Engineering Program

Staff Electronics Instrumentation Engineer.... 2
Senior Civil Engineer......................... 2
Senior Seismologist........................... 2


Division of Oil, Gas, and Geothermal Resources


State Oil and Gas Supervisor........... 1
Chief Deputy Oil and Gas Supervisor.... 1
Supervising Oil and Gas Engineers...... 2 and 4
Senior Oil and Gas Engineers........... 2 and 4
Associate Oil and Gas Engineers........ 4


Division of Recycling

Assistant Director, Division of Recycling................................... 1
Deputy Chief, Division of Recycling......................................... 1
All Branch Managers and Supervisors......................................... 1
All employees in the following Division of Recycling classifications or
series:
Environmental Program Manager (non-supervisory)............................. 5
Management Services Technician.............................................. 5
Staff Services Analyst...................................................... 5
Associate Governmental Program Analyst...................................... 5
Recycling Specialist (non-supervisory)...................................... 5

Auditor..................................................................... 5
Research Analyst............................................................ 5
Research Program Specialist................................................. 5
Graphic Designer............................................................ 5
Environmental Scientist..................................................... 5


Consultants

Consultants (Department-wide).... *1


Consultants are "designated employees" for the purposes of these provisions and shall disclose pursuant to the broadest disclosure category in the Code, subject to the following limitation: The Director may determine in writing that a particular consultant, although a "designated employee," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in the Code. This written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure required. The Director's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

Department of Conservation Disclosure Categories

Disclosure Category 1:

A designated employee in this category must report all investments, business positions, interests in real property, and sources of income, including gifts, loans and travel payments.

Disclosure Category 2:

A designated employee in this category must report investments and business positions in, and income, including gifts, loans, and travel payments, from any business entity of the type that provides services, supplies, materials, machinery or equipment of the type used by the Department of Conservation.

Disclosure Category 3:

A designated employee in this category must report real property and investments and business positions in and income, including gifts, loans, and travel payments, from any business entity of the type that may be affected by or subject to any provisions, guidelines, rules, regulations or policies adopted, enforced or promulgated by the California Geological Survey, the Office of Mine Reclamation, or the State Mining and Geology Board. This includes, but is not limited to, business entities engaged in real estate development, mining, quarrying, mineral refining or smelting operations, logging operations, geothermal and petroleum development, or public utility facility development; or the manufacturing, distribution, sale, repair or advertising of products for use in exploration, development and design criteria, and construction of facilities and projects involving siting investigations or land use.

Disclosure Category 4:

A designated employee in this category must report real property and investments and business positions in, and income, including gifts, loans, and travel payments, from any business entity of the type that may be affected by or subject to any provisions, guidelines, rules, or policies adopted, enforced or promulgated by the Division of Oil, Gas, and Geothermal Resources. This includes, but is not limited to, business entities of the type that are regularly engaged in the extraction and/or production of oil, gas or geothmal resources; or providing consulting, research or other contractual services to companies sponsoring such developments; or the manufacturing, distribution, sale, repair or advertising of products for use in exploration, development and design criteria, and construction of facilities and projects involving siting investigations or land use.

Disclosure Category 5:

A designated employee in this category must report real property and investments and business positions in and income, including gifts, loans, and travel payments, from sources that:

(1) are subject to the regulatory, certification, registration, or licensing authority of the Division of Recycling;

(2) provides leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services of the type used by the Division of Recycling;

(3) are recipients of grants, or program payments from the Division of Recycling, and/or subjects of collection activity by the Division of Recycling.
Disclosure Category 6:

A designated employee in this category must report all investments and interests in real estate and business positions in and income, including gifts, loans, and travel payments, from sources of the type that are involved in the Williamson Act program or are recipients of grants from the Division of Land Resources Protection. Note: Authority cited: Sections 87300 and 87306, Government Code. Reference: Sections 87300-87302 and 87306, Government Code.







s 1681. Scope of Regulations.

These regulations refer to the requirements of the Division of Oil, Gas, and Geothermal Resources in the preparation of environmental documents under CEQA. They are to be used in conjunction with the "State CEQA Guidelines," Title 14 California Code of Regulations, Sections 15000 et seq.


Note: Authority cited: Sections 606, 3013 and 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.







s 1681.1. Decision Making Body.

"Decision making body" means any person or group of people within a public agency permitted by law to approve or disapprove the project at issue. Where an applicant requests approval of a Notice of Intention to drill for an oil, gas, or geothermal well, the "decision making body" is the State Oil and Gas Supervisor or his or her representative.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21080, Public Resources Code.







s 1681.2. Lead Agency.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 3715.5, 21065.5 and 21067, Public Resources Code.







s 1681.3. Notice of Intent to Prepare Environmental Document.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.3, Public Resources Code.







s 1681.4. Geothermal Exploratory Project.

(a) A geothermal exploratory project is for the purpose of evaluating the presence and characteristics of geothermal resources prior to starting a geothermal field development project. An exploratory project is comprised of not more than six wells. The wells must be located at least one-half mile from the surface location of any existing geothermal wells that are capable of producing geothermal resources in commercial quantities.

(b) For the purpose of preparing an environmental document for an exploratory project, a description of the environmental impacts of a project shall be limited to the proposed drill sites, the proposed wells, and any roads or other facilities that may be required before the exploratory wells can be drilled.

The environmental document for the exploratory project does not need to describe the environmental impacts of any future exploratory or development projects.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21065.5 and 21090.1, Public Resources Code.







s 1682. Contents of a Geothermal Project Application.

An application for a geothermal exploratory project shall include:

(a) A statement declaring that the purpose of the proposed project is to evaluate the presence and characteristics of geothermal resources and that the surface location of each well in the project is at least one-half mile from the surface location of an existing well capable of producing geothermal resources in commercial quantities.

(b) The following information in narrative form:
(1) A description of the project including a regional map showing the location of the proposed well(s).

(2) A statement of whether or not the project is compatible with existing zoning and State and local plans.

(3) A description of the environmental setting.

(4) A description of probable short-term and long-term environmental effects of the project.

(5) A description of measures acceptable to the project sponsor which mitigate the project's probable environmental effects.

(6) A description of any significant adverse environmental impacts which the project sponsor cannot mitigate.

(c) A statement that the sponsor agrees to provide additional environmental information the Division may need to complete any environmental documents required by CEQA.


Note: Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5 and 21160, Public Resources Code.







s 1682.1. Lead Agency CEQA Time Limits for Geothermal Projects.

When the Division accepts an application for a geothermal exploratory project as complete, the Division shall prepare or cause the preparation of the required environmental documents and make a decision on the project within 135 days.

(a) The time limit shall be measured from the date on which the application is accepted as complete.

(b) Within 30 days after receiving an application for a geothermal exploratory project, the Division shall determine whether the application is complete and whether the project will require a Notice of Exemption, an Environmental Impact Report (EIR) or a Negative Declaration.

(c) The Division shall consult with Responsible Agencies to discuss the scope and content of a proposed environmental document pursuant to Section 168.3.1(b) of these regulations.


Note: Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5, 21080.1 and 21080.3, Public Resources Code.







s 1682.2. Responsible Agency CEQA Time Limits.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.4, Public Resources Code.







s 1682.3. Delegation of Lead Agency Responsibilities for Geothermal Exploratory Projects


Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 3715.5, Public Resources Code.







s 1683. Federal Geothermal Project Coordination.

Where a geothermal exploratory project will be subject to both CEQA and the National Environmental Policy Act, the Division shall approve or disapprove the project within 135 days.


Note: Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5, 21083.5 and 21083.7, Public Resources Code.







s 1683.1. Consultation In Connection with a Geothermal Project.

(a) Prior to determining whether a Notice of Exemption, Negative Declaration, or EIR is required for a geothermal exploratory project, the Division shall consult with each Responsible Agency and Trustee Agency responsible for natural resources affected by the project.

(b) In connection with a geothermal exploratory project, the Division shall consult with Responsible Agencies to discuss the scope and content of a proposed environmental document as soon as possible but not later than 30 days after the Division receives an application. The Division may waive this requirement if the project has no significant environmental impact or if the project sponsor agrees to mitigate all foreseeable environmental impacts. This requirement may be met through written correspondence.


Note: Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5 and 21080.3, Public Resources Code.







s 1683.2. Geothermal Discretionary Projects.

Permitting actions of the Division for geothermal exploratory projects are discretionary under CEQA, when the Division acts as lead agency.


Note: Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Sections 3715.5 and 21080, Public Resources Code.







s 1683.3. Procedures for Exempted Projects.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 3715.5, Public Resources Code.







s 1683.5. Responsible Agency CEQA Time Limits.

As soon as possible after receiving a Notice of Preparation and in no event more than 45 days after receiving the notice, a Responsible Agency shall inform the Lead Agency of the scope and content of the environmental information that the Responsible Agency would need in the EIR.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.







s 1683.6. Delegation of Responsibilities for Geothermal Lead Agency.

The Division may delegate its Lead Agency responsibility for geothermal exploratory projects to a county that has adopted a geothermal element for its general plan and agreed to complete its Lead Agency responsibilities for such projects within 135 days of receipt of a complete application for such project.


Note: Authority cited: Sections 3012 and 21082, Public Resources Code. Reference: Section 3715.5, Public Resources Code.







s 1683.7. Delegation of Lead Agency Responsibilities for Geothermal Exploratory Projects.

(a) A request for delegation of Lead Agency responsibilities for geothermal exploratory projects shall contain a letter of request signed by the Chairperson of the Board of Supervisors, copies of the county's adopted geothermal element, the final environmental document on the element, and copies of the county's CEQA procedures which detail the county method of completing its Lead Agency responsibilities for geothermal exploratory projects within 135 days.

(b) Upon receipt of the request, the State Oil and Gas Supervisor shall transmit a copy of the geothermal element and final environmental document to the Office of Planning and Research (OPR) and shall consult with the OPR prior to making a decision on the county's request. The Supervisor may consult with any other agencies, at his or her discretion.

(c) If the geothermal element and CEQA procedures are adequate, the Supervisor shall approve the request.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.







s 1684. Categorical Exemptions.

Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of the Environmental Quality Act of 1970.

In response to that mandate, the Secretary for Resources has found that the following classes of projects listed in this article do not have a significant effect on the environment and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. Only those classes of projects that would pertain to the responsibilities of the Division of Oil, Gas, and Geothermal Resources are listed in these regulations.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21084, Public Resources Code.







s 1684.1. Class 1: Existing Facilities.

Class 1 consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing previously. The Class includes, but is not limited to: remedial, maintenance, conversion, and abandonment work on oil, gas, injection, and geothermal wells involving the alteration of well casing, such as perforating and casing repair, removal, or replacement; installation or removal of downhole production or injection equipment, cement plugs, bridge plugs, and packers set to isolate production or injection intervals.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21080, Public Resources Code.







s 1684.2. Class 4: Minor Alterations to Land.

Class 4 consists of drilling operations that result only in minor alterations with negligible or no permanent effects to the existing condition of the land, water, air, and/or vegetation.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21080, Public Resources Code.







s 1685. Adequate Time for Review and Comment.

The Department shall provide adequate time for other agencies and members of the public to review and comment on EIR's that the Department or one of its subdivisions prepares. The review periods the Department sets shall coincide with those the State Clearinghouse sets, provided that the review period for draft EIR's for geothermal exploratory projects shall be no longer than 30 calendar days.



Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 3715.5 and 21092, Public Resources Code.







s 1690. Selection of Professional Service Firms.

(a) The purpose of these regulations is to establish those procedures authorized and required by Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.

(b) Selection by the division for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Selection of the services of analytical laboratory, forestry, geological, geophysical, and other firms shall be on this same basis when the additional services qualify as environmental services or ancillary services logically or justifiably performed in connection with architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services.


Note: Authority cited: Sections 3013 and 3106, Public Resources Code; and Section 4526, Government Code. Reference: Sections 4525-4529.5, Government Code.







s 1690.1. Definitions, as Used in These Regulations.

(a) "Division" means the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation.

(b) "Small business" shall mean a small business firm as defined by the Director of General Services (Section 1896, Title 2 of California Code of Regulations) pursuant to Section 14837 of the Government Code.

(c) "Architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services" are those services to be procured outside State of California Civil Service procedures and of a character necessarily rendered by an architect, landscape architect, engineer, environmental specialist, land surveyor, and construction project management contractor, but may include ancillary services logically or justifiably performed in connection therewith.

(d) "Project" means a project as defined in Section 10105 of the Public Contract Code, or as defined in Public Resources Code section 21065.


Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5 and 14837, Government Code; and Section 10105, Public Contract Code; and Section 21065, Public Resources Code.







s 1691. Establishment of Criteria.

(a) The division shall establish criteria, on a case-by-case basis, which will comprise the basis for selection for each project. The criteria shall include, but is not limited to, such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm, location, and other considerations deemed relevant. Such factors shall be weighted by the division according to the nature of the project, the needs of the State and complexity and special requirements of the specific project.

(b) In no event shall the criteria include practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration. Division staff with a relationship to a person or business entity seeking a contract under this section are prohibited from participating in the selection process if the division staff would be subject to the prohibition of Government Code Section 87100.


Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5 and 87100, Government Code.







s 1692. Estimate of Value of Services.

Before any discussion with any firm concerning fees, the division may cause an estimate of the value of such services to be prepared. This estimate shall serve as a guide in determining fair and reasonable compensation for the services rendered. Such estimate shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates. At any time the division determines the estimates to be unrealistic because of rising costs, special conditions, or for other relevant considerations, the estimate may be reevaluated and modified if necessary.



Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.







s 1693. Request for Qualifications.

(a) Where a project requires architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services, the division shall make an announcement in a publication of the respective professional society. Additionally, the Division may publish an announcement in a construction trade journal or in other appropriate publication, if any exist. The announcement shall be published within a reasonable time frame so that a lengthy publication delay does not adversely affect the project.

(b) The announcement shall contain the following information: The nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data will be received.

(c) The division shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the division concludes that small business firms could be especially qualified. A failure of the division to send a copy of an announcement to any firm shall not operate to preclude any contract.


Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.







s 1694. Selection of Firm.

After expiration of the time period stated in the announcement, the division shall evaluate statements of qualifications and performance data which have been submitted to the division. Discussions shall be conducted with no less than three firms regarding the required service. Where three firms cannot be found which could provide the required service, a full explanation including names and addresses of firms and individuals requested to submit proposals must be entered in the files. From the firms with which discussions are held, the division shall select no less than three, provided at least three firms submit proposals, in order of preference, based upon the established criteria, which are deemed to be the most highly qualified to provide the services required.


Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.







s 1695. Negotiation.

The division shall attempt to negotiate a contract with the most highly qualified firm. When the division is unable to negotiate a satisfactory contract with this firm with fair and reasonable compensation provisions, as determined by the procedure set forth in Section 1692 if those procedures were used, negotiations shall be terminated. The division shall then undertake negotiations with the second most qualified firm on the same basis. Failing accord, negotiations shall be terminated. The division shall then undertake negotiations with the third most qualified firm on the same basis. Failing accord, negotiations shall be terminated. Should the division be unable to negotiate a satisfactory contract at fair and reasonable compensation with any of the selected firms, additional firms may be selected in the manner prescribed in this Chapter and the negotiation procedure continued.


Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.







s 1696. Amendments.

In instances where the division effects a necessary change in the project during the course of performance of the contract, the firm's compensation may be adjusted by negotiation of a mutual written agreement in a fair and reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the contemplation of the parties.


Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.







s 1697. Contracting in Phases.

Should the division determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions in the initial instance, provided that the division shall have determined that the firm is best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the division, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable.


Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.







s 1698. Division's Power to Require Bids.

Where the division determines that the services needed are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract shall be awarded on the basis of bids rather than by following the foregoing procedures for requesting proposals and negotiations.


Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.







s 1699. Exclusions.

The provisions of this article shall not apply to service agreements for an architect, landscape architect, engineer, environmental specialist, land surveyor, or construction project management contractor, engaged to provide consulting services on specific problems on projects where the architectural, landscape architectural, engineering, environmental, land surveying, or construction project management work is being performed by State of California Civil Service employees nor to service agreements for the services of recognized experts retained as consultants.



Note: Authority cited: Section 4526, Government Code; and Section 3013, Public Resources Code. Reference: Sections 4525-4529.5, Government Code.








s 1710. Purpose.


Note: Authority cited: Sections 3013 and 3016, Public Resources Code. Reference: Sections 3000 through 3237, Public Resources Code.








s 1711. Policy.







s 1712. Scope of Regulations.

These regulations shall be statewide in application for onshore drilling, production, and injection operations. All onshore prospect, development, and service wells shall be drilled and operated in accordance with these regulations, which shall continue in effect until field rules are established by the supervisor pursuant to Section 1722(k). If field rules are established, oil and gas operations shall be performed in accordance with those field rules.


Note: Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Section 3106, Public Resources Code.








s 1713. Revision of Regulations.







s 1714. Approval of Well Operations.

Written approval of the supervisor is required prior to commencing drilling, reworking, injection, plugging, or plugging and abandonment operations, with the exception that temporary approval to commence such operations may be granted by the supervisor or a representative of the supervisor when such operations are necessary to avert a threat to life, health, property, or natural resources, or when approved operations are in progress and newly discovered well conditions are such that immediate corrective or plugging and abandonment operations are desirable. Notwithstanding such temporary approval, the operator shall file immediately a written notice of intention to carry out a temporarily approved program.

In addition, written approval of the supervisor is required prior to utilizing any well, including a plugged and abandoned well, for anything other than its currently approved purpose, such as conversion to injection or production, use as a sacrificial anode in a cathodic-protection program, or conversion to a freshwater well.


Note: Authority cited: Section 3013, Public Resources Code. Reference: Sections 3008, 3106, 3203 and 3229, Public Resources Code.








s 1715. Other Requirements.


Note: Authority cited: Sections 3106 and 3107, Public Resources Code. Reference: Sections 3106, 3107, 3203, 3210-3215, 3219, 3220 and 3222-3224, Public Resources Code.








s 1720. Definitions.

(a) "Critical well" means a well within:

(1) 300 feet of the following:

(A) Any building intended for human occupancy that is not necessary to the operation of the well; or
(B) Any airport runway.

(2) 100 feet of the following:

(A) Any dedicated public street, highway, or nearest rail of an operating railway that is in general use;

(B) Any navigable body of water or watercourse perennially covered by water;

(C) Any public recreational facility such as a golf course, amusement park, picnic ground, campground, or any other area of periodic high-density population; or

(D) Any officially recognized wildlife preserve.

Exceptions or additions to this definition may be established by the supervisor upon his or her own judgment or upon written request of an operator. This written request shall contain justification for such an exception.

(b) "Rework" means any operation subsequent to drilling that involves deepening, redrilling, plugging, or permanently altering in any manner the casing of a well or its function.

(c) "New pool" means, for the purpose of this subchapter, a pool discovered on or after January 1, 1974.

(d) "Directional survey" means a well survey that determines the deviation of the hole in degrees from the vertical and the direction (azimuth) and amount of horizontal deviation of the hole from the surface location.

(e) "Drift-only survey" means a well survey that determines the deviation of the hole in degrees from the vertical.

(f) "Operations" means any one or all of the activities of an operator covered by Division 3 of the Public Resources Code.

(g) "Onshore well" means a well located on lands that are not submerged under ocean waters or inland bays during mean high tide.

(h) "Ultimate economic recovery" means the maximum physical amount of a substance, such as oil or gas, that can be recovered without economic loss.

(i) "Economic loss" means the loss that occurs when the lifetime discounted revenue after current dollar operating costs, including royalties and ad valorem, severance, and excise taxes, becomes less than the initial drilling and completion costs. The discount rate shall be equal to current prime lending rates plus two percent.


Note: Wells directionally drilled offshore from onshore locations shall fall within the scope of the Onshore Regulations and wells directionally drilled onshore from offshore locations shall fall within the scope of the Offshore Regulations (Subchapter 1.1).


Note: Authority cited: Sections 3013 and 3609, Public Resources Code. Reference: Sections 3000, 3013, 3106 and 3609, Public Resources Code.








s 1721. Objectives and Policy.

The objectives of this article are to prevent waste, protect correlative rights, increase the ultimate economic recovery of oil and gas, or either, from new pools, and protect health, safety, welfare, and the environment.

To achieve the ultimate economic recovery of oil and gas, it shall be the policy of the supervisor to give the greatest consideration to the minimum spacing, in acres per well, that can be established based on the geologic geometry of the pool and the area that can be effectively and efficiently drained by a well without economic loss.


Note: Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.








s 1721.1. Set Back.

The producing interval of any well drilled into a new pool after the effective date of this section shall be not less than 75 feet from an outer boundary line.


Note: Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.








s 1721.1.1. Adoption of an Interim Well-Spacing Plan.


Note: Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.








s 1721.1.2. Permanent Well Spacing.







s 1721.1.3. Exploratory Well Drilling.


Note: Authority cited: Sections 3609 and 3782, Public Resources Code.








s 1721.1.4. Slant Well Drilling.







s 1721.2. Well Spacing Initiated by Supervisor.

(a) Whenever a new pool is discovered, the supervisor may issue a notice of intent to establish a well-spacing plan for the pool the notice shall specify the well-spacing plan proposed by the supervisor. The notice shall be delivered or mailed to all operators in the pool and any other affected persons whose identity is known to or can readily be ascertained by the division, and shall be published in a newspaper of general circulation in the county in which the pool is located.

(b) The notice shall provide that the well spacing plan proposed by the supervisor shall take effect as an order of the supervisor on the 31st day after the date of the notice unless within 30 days after the date of the notice the supervisor receives a written objection to the proposed well spacing plan from any affected person, submitting a written objection is a prerequisite to any challenge to the implementation of a well spacing plan initiated by the supervisor. If a written objection is timely received, the supervisor shall set a hearing on the well spacing proposal and shall give notice of that hearing in the manner provided above, within 10 days of receipt of the written objection. The hearing shall be held at a time not less than 15 days nor more than 60 days from the date of the notice and at a place within the oil and gas district where the new pool is located. The hearing may be continued for a period not to exceed 60 days with the consent of all those affected persons having informed the division of their intent to participate in the hearing.

(c) Within 45 days following the hearing, the supervisor shall issue an order in the form of a written decision either providing no well spacing plan or specifying a well spacing plan for the pool. If a well spacing plan is adopted, the plan shall describe the pool to which it applies and set forth the surface and subsurface well spacing pattern for all wells to be drilled or redrilled into the pool.

(d) The supervisor shall mail or deliver the written decision to all operators in the pool and all other previously identified affected persons.

(e) The supervisor may request at any time from any operator in the pool any or all of the data listed in Section 1721.3 for use in making the well spacing determination. If such data are neither supplied nor otherwise available to the supervisor, the supervisor nevertheless may make a well spacing determination using methods found in petroleum industry literature or by analogy to similar pools.


Note: Authority cited: Section 3609, Public Resources Code. Reference: Sections 3609, Public Resources Code.








s 1721.2.1. No New Drilling Pending Outcome of Petition.


Note: Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.








s 1721.3. Petition for Well Spacing.

Any affected person may, at any time after the discovery of a new pool, petition the supervisor to adopt, pursuant to Public Resources Code Section 3609, a well-spacing plan other than that specified in Public Resources Code Sections 3600 to 3608.1, inclusive, or Section 1721.1 hereof. The petition shall be supported by information necessary to establish the need for an extent of such a well-spacing plan. The petition shall contain the following data pertaining to the pool for which well-spacing is sought and shall include the source (i.e., laboratory analyses, field measurements, published reports, etc.) from which such data are derived:

(a) Lease map of the area showing current lease operator and well locations.

(b) Structural contour map drawn on a geologic marker at or near the top of the pool, which includes estimated productive limits of the pool.

(c) At least two geologic cross sections, one that is parallel to and one that is perpendicular to the structural or depositional strike, and through at least one producing well in the pool.

(d) Representative electric log to a depth below the producing pool (if not already shown on the cross section) identifying all geologic units, formations, and oil or gas zones.

(e) Average net productive thickness in feet.

(f) Average effective porosity as a percent of bulk volume.

(g) Average initial oil, water, and gas saturations as a percent of pore volume.

(h) Most probable oil and gas recovery factors as percents of original oil and gas in place.

(i) Average initial stabilized oil and gas producing rates in barrels per day per well and thousand standard cubic feet per day per well.

(j) Complete reservoir pressure history, including the initial shut-in bottom hole pressure and the bubble point pressure of a crude oil system or dew point pressure of a condensate system.

(k) Reservoir temperature in degrees Fahrenheit.

(l) Solution gas/oil ratio at bubble point pressure and reservoir temperature.

(m) Initial oil formation volume factor as reservoir barrels per stock tank barrel.

(n) Average API gravity of stock tank oil and specific gravity of produced gas.

(o) Average current drilling and completion cost in dollars per well.

(p) Average current operating cost in dollars per well per year, including anticipated workover costs.

(q) Current market value of oil and gas production in dollars per stock tank barrel and dollars per thousand standard cubic feet.

(r) Amount of all royalty interests, including overriding royalties, if any, in the tracts proposed for inclusion in the well-spacing plan.

(s) Current ad valorem, severance, and excise taxes levied on the working interests, or production attributable to the working interests, proposed for inclusion in the well-spacing plan.

Failure to supply in the petition of any of these data that are available and their source shall be grounds for denial of the petition without a hearing.


Note: Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.








s 1721.3.1. Action on Petition for Well Spacing.

(a) Within 30 days of receipt of a petition for well spacing deemed complete by the division, the supervisor shall issue a notice setting a time and place for a hearing on the petition. The notice of hearing on the petition shall provide that the hearing shall be held not less than 15 days nor more than 60 days from the date of the notice and at a place within the oil and gas district in which the new pool is located. The hearing may be continued for a period not to exceed 60 days with the consent of all those affected persons having informed the division of their intent to participate in the hearing. The notice of hearing shall be given in the manner prescribed in Section 1721.2. The hearing shall not be limited to consideration of the well-spacing plan proposed in the petition but shall encompass consideration of any appropriate well-spacing plan for the pool.

(b) Within 45 days following the hearing, the supervisor shall issue an order in the form of a written decision which either shall refuse to adopt a well-spacing plan or shall adopt a well-spacing plan for the pool based on scientific principles and good oilfield practices. The adopted plan shall describe the pool to which it applies and set forth the surface and subsurface well-spacing pattern for all wells to be drilled or redrilled into the pool.

(c) The supervisor shall mail or deliver the written decision to all operators in the pool and all other previously identified affected persons.


Note: Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.








s 1721.4. No New Drilling or Reworking Pending Decision on Well Spacing.

Upon the issuance by the supervisor of a notice of intent to establish a well spacing plan under Section 1721.2 or upon the filing of a complete petition for well spacing under Section 1721.3, no drilling or reworking operations shall begin on any well to be completed in the pool subject to possible well spacing even if the operator has an approved notice of intention to drill or rework until an order has been issued by the supervisor that disposes with all the matters in the supervisor's notice or in the petition. If drilling or reworking operations have started in a well prior to the issuance of a notice or the filing of a petition, the operations may continue until completion. This temporary suspension of drilling and reworking operations is for the purpose of preventing operations during the pendency of well spacing proceedings that would preclude the establishment of an optimum spacing pattern.


Note: Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.








s 1721.5. Judicial Review of Order of Supervisor.

There shall be no appeal to the director from an order of the supervisor either adopting or failing to adopt a well-spacing plan. Judicial review of any such order may be sought directly.


Note: Authority cited: Section 3609, Public Resources Code. Reference: Section 3609, Public Resources Code.








s 1721.6. Revision or Repeal of Spacing Plan.

Any well-spacing plan adopted by the supervisor shall be subject to revision or repeal pursuant to either the initiative of the supervisor or a petition of an affected person. Any revision or repeal shall be preceded by notice and hearing as provided in Section 1721.2. (continued)