(a) Notwithstanding § 10231.5 of the Government Code, the division shall, in compliance with § 9795 of the Government Code, annually prepare and transmit to the Legislature a report of all of the following information statewide and by district:

(1) The number of shall-witness and may-witness operations performed. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.

Terms Used In California Public Resources Code 3113

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(2) The number of shall-witness and may-witness operations performed that were witnessed by the division in person. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.

(3) The number of shall witness and may-witness operations performed where division personnel did not witness the operations in person and witnessed the operations remotely. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.

(4) The number of shall-witness and may-witness operations performed on critical wells. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.

(5) The number of shall-witness and may-witness operations performed on critical wells that were witnessed by the division in person. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.

(6) The number of shall-witness and may-witness operations performed on critical wells where division personnel did not witness the operations in person and witnessed the operations remotely. The number of each type of may-witness operation as identified by law or regulation included in the total shall be provided.

(7) A complete list of all shall-witness operations where division personnel did not witness the operations in person and witnessed the operations remotely. Information about each operation, including, but not limited to, the type of operation, the date, location, API number, and district, shall be included. The division shall maintain a written justification for each remote witnessing of shall-witness operations and provide it upon request.

(b) (1) The division is authorized to witness may-witness operations remotely. The division shall prioritize witnessing of may-witness operations in person to the maximum extent possible.

(2) This subdivision shall become inoperative on January 1, 2028.

(c) The supervisor may, only in writing and only on a case-by-case basis, authorize division personnel to witness shall-witness operations remotely. The supervisor shall not delegate the authority to approve witnessing of these shall-witness operations remotely. All written authorizations for division personnel to witness shall-witness operations remotely shall be maintained and available to the public upon request.

(d) The supervisor shall not set any positive numerical quotas for division personnel to witness operations remotely. The supervisor shall not provide a blanket authorization for remote witnessing of shall-witness operations. The supervisor shall provide written guidance to division personnel on minimum standards for remote witnessing of shall-witness and may-witness operations.

(e) For purposes of this section, the following terms have the following meanings:

(1) “Critical well” has the same meaning as in Section 1720 of Title 14 of the California Code of Regulations, or a successor regulation.

(2) “May-witness” means an operation performed that by law the division is authorized to witness.

(3) “Shall-witness” means an operation performed that by law the division is required to witness.

(4) “Witnessed by the division in person” means the operation is witnessed by division personnel who were physically present at the location when the operation was performed.

(5) “Witnessed the operations remotely” or “witness the operations remotely” or “witnessing the operations remotely” means the viewing or reviewing of video, livestream, photographic, or other materials or evidence of the conduct of the operation during or after the operation was conducted without the division personnel being physically present at the location when the operation was performed.

(f) It is the policy of the state that division personnel witness operations in person that are critical to ensuring public and environmental health and safety, that the presence of division personnel in the field to regularly observe operations under the division’s jurisdiction is of utmost importance, and that division staffing levels be set and maintained to ensure this policy is met.

(Amended by Stats. 2022, Ch. 574, Sec. 16. (AB 211) Effective September 27, 2022.)

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