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AB 2711 Amended to Create Clearer CalGEM Permit Timelines

  • Jun 29
  • 4 min read

California oil producers have long asked for something simple from the state’s permitting system: clear rules, defined timelines, and written answers. Not automatic approval of everything. Not shortcuts around environmental review. Just a permitting process that does not disappear into the fog like an old fishing boat off Bodega Bay.


The latest Senate amendments to AB 2711 move the bill in that direction by creating a more detailed process for how the California Geologic Energy Management Division (CalGEM) must respond to a producer’s notice of intention to conduct oil and gas well work. The bill, authored by Assembly Member Ellis, amends Public Resources Code Section 3203, the statute governing notices of intention for drilling and other well operations.


Earlier versions of AB 2711 would have required CalGEM to approve or deny a notice of intention within 30 working days from receipt, assuming all necessary environmental and technical reviews were complete. The June 22 amendments now create a two-step process: CalGEM must first determine within 10 working days whether the application is complete, then approve or deny the notice within 30 working days after the completeness determination.


That change matters. It gives CalGEM a reasonable opportunity to identify incomplete applications, but it also prevents the agency from leaving operators in indefinite limbo.


Under the amended bill, if CalGEM determines that a notice of intention is incomplete, the agency must provide the operator with a written list identifying each missing or deficient item and the legal authority requiring that item. The operator may then cure the deficiencies and resubmit the notice. CalGEM must then make a new completeness determination within 10 working days.


This is a significant procedural guardrail. In plain English, CalGEM cannot simply say, “Nope, try again,” without explaining why. The agency must identify the problem, cite the legal basis, and give the operator a path to fix it.


Once a notice is determined complete, CalGEM has 30 working days to approve or deny it. If the agency fails to act within that timeframe, the notice is deemed approved, provided all necessary environmental and technical reviews are complete. The same deemed-complete protection applies if CalGEM fails to make the initial 10-day completeness determination.


For producers, AB 2711 would create more certainty in a permitting environment that has too often become unpredictable. Operators would still be responsible for submitting complete notices, providing required technical information, curing deficiencies, and complying with existing CalGEM orders, penalties, and regulatory obligations. The bill does not excuse bad paperwork, unresolved violations, or missing environmental review. It does, however, require the state to respond in writing and on time.


For CalGEM, the bill creates clear responsibilities. The agency must review each notice promptly, determine whether it is complete, identify any deficiencies with specificity, cite the legal authority for those deficiencies, and then approve or deny complete notices within the statutory deadline. If CalGEM denies a notice, the amended bill requires the agency to provide a rational explanation for the denial. That written explanation is important because it creates a record, promotes consistency, and gives operators a clearer understanding of what must be corrected.


For the state, AB 2711 preserves oversight while imposing discipline on the permitting process. California still retains the ability to conduct necessary environmental and technical reviews. CalGEM still retains authority to deny proposed well operations when an operator has failed to comply with an order, pay a civil penalty, remedy a violation, or pay required assessments. The bill does not turn oilfield permitting into a rubber stamp. It turns silence into accountability.


That distinction is critical. California cannot claim to support a responsible, regulated in-state oil industry while allowing permits to stall indefinitely without written decisions. Producers need predictable timelines to plan work, retain crews, maintain production, manage decline curves, protect leases, and make investment decisions. Delayed permits do not reduce demand for fuel. They simply push California further toward imported crude produced under standards the state does not control.


AB 2711 also helps separate legitimate regulatory review from bureaucratic delay. If an application is incomplete, CalGEM can say so. If a technical issue exists, CalGEM can identify it. If environmental review is unfinished, that review must still be completed. But if an operator submits a complete notice and the required reviews are done, the agency should not be able to avoid a decision by running out the clock.


CIPA will continue watching one phrase carefully: “provided that all necessary environmental and technical reviews are complete.” That language is both the political compromise and the potential loophole. If left too open-ended, it could allow the agency to argue that the approval clock never truly starts because some unspecified review remains unfinished. A useful cleanup amendment would require CalGEM to identify, in writing, any incomplete environmental or technical review, the legal authority requiring it, who is responsible for completing it, and the expected timeline for completion.


Even with that concern, the amended AB 2711 remains an important step toward a more functional permitting system. It recognizes that producers have responsibilities, CalGEM has responsibilities, and the state has a responsibility to administer the law fairly, transparently, and on time.


California’s independent producers are not asking for special treatment. They are asking for the rules of the road to be posted clearly, enforced consistently, and not moved every time someone starts the engine.

 
 
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