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CA SJR12
Joint Resolution
AI Summary
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Urges the President and U.S. Congress to modify federal bankruptcy rules so that plug and abandonment and restoration obligations for oil and gas leases are treated as nondischargeable obligations.
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Requests that bankruptcy rules prioritize environmental plug and abandonment and restoration obligations over all secured creditor claims in Chapter 7 and Chapter 11 liquidations and terminations of oil and gas leases.
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Cites cases of Rincon Island Limited Partnership (2016) and Venoco, LLC (2017) where lessees avoided decommissioning obligations through bankruptcy, leaving California taxpayers responsible for over $150,000,000 in cleanup costs.
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Notes that California has over 35,000 idle oil wells, many owned by companies that could use bankruptcy to avoid environmental remediation responsibilities.
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References a 2019 Canadian Supreme Court decision that required bankruptcy debtors to comply with oil and gas abandonment obligations before distributing assets to creditors.
Legislative Description
Oil and gas leases: bankruptcy.
Last Action
Chaptered by Secretary of State. Res. Chapter 174, Statutes of 2024.
8/21/2024