Assessment and Collection of Charges

Cal. PRC § 3434

California Statutes

(

a) If the department determines between June 15, 2024, and March 1, 2025, that the estimate made pursuant to

Section of the amount of money that will be required to carry out the provisions of this

chapter is insufficient for the current fiscal year, the department may assess and levy a supplemental assessment on oil and gas production to ensure that funds are available for the full amount of the adjusted cost estimate. The department shall not issue a supplemental assessment pursuant to this

section after March 1, 2025. (

b) Issuance of a supplemental assessment shall not affect the requirements and authorities for collecting unpaid assessments on oil and gas pursuant to this article. If the total amount collected under the assessment and any supplemental assessments exceed the total amount required to carry out the provisions of this

chapter for the fiscal year, the excess shall be carried forward to reduce the assessment for the following year as an adjustment for savings pursuant to

Section 3410. (

c) If a supplemental assessment is issued pursuant to this section, the charges shall be computed in accordance with Sections and 3403, and the supplemental assessment shall be issued and collected in accordance with the requirements and authorities of this

article with the following exceptions:

(1) The department shall not assess and levy a supplemental assessment until at least days after mailing notice of a pending supplemental assessment to each person subject to assessment pursuant to

Section 3413. The requirement to assess and levy charges between March and June pursuant to

Section does not apply to a supplemental assessment, but the department shall otherwise assess and levy the supplemental assessment in accordance with

Section 3418.

(2) The department shall provide the Controller with an update to the “Record of Assessments and Charges” required pursuant to

Section to include the supplemental assessment.

(3) The certificate delivered to the Controller in the previous year pursuant to

Section may be relied upon for a supplemental assessment and an additional certificate is not required.

(4) Notwithstanding subdivision (

a) of

Section 3420, charges under a supplemental assessment are due and payable days after the assessment is mailed and shall be delinquent if not paid within days after it is due and payable. Penalties described in subdivision (

d) of

Section shall apply to delinquent charges under a supplemental assessment.

(5) The Controller’s collection action pursuant to

Section for charges under a supplemental assessment shall be brought within days after the charge under the supplemental assessment becomes delinquent.

(6) An action pursuant to

Section for the recovery of the whole, or any part of, the charges, penalties, or costs paid on a supplemental assessment pursuant to this

section may be brought no later than the third Monday following the day upon which the charges became delinquent. The requirements of

Section shall otherwise apply to an action for the recovery of the whole or any part of the charges, penalties, or costs paid on a supplemental assessment pursuant to this section. (

d) This

section shall remain in effect only until January 1, 2027, and as of that date is repealed. (

e) Notwithstanding subdivision (d), the department may continue to pursue the collection of unpaid supplemental assessments, penalties, and interest after this

section is repealed.

Document details

CollectionCalifornia Statutes
CitationCal. PRC § 3434
Date2024-09-30
Typestatute
Languageen
SourceCA_STAT
IdentifierPRC3434.202410029

Assessment and Collection of Charges

Cal. PRC § 3434

California Statutes

Assessment and Collection of Charges

Cal. PRC § 3434

California Statutes

(

a) If the department determines between June 15, 2024, and March 1, 2025, that the estimate made pursuant to

Section of the amount of money that will be required to carry out the provisions of this

chapter is insufficient for the current fiscal year, the department may assess and levy a supplemental assessment on oil and gas production to ensure that funds are available for the full amount of the adjusted cost estimate. The department shall not issue a supplemental assessment pursuant to this

section after March 1, 2025. (

b) Issuance of a supplemental assessment shall not affect the requirements and authorities for collecting unpaid assessments on oil and gas pursuant to this article. If the total amount collected under the assessment and any supplemental assessments exceed the total amount required to carry out the provisions of this

chapter for the fiscal year, the excess shall be carried forward to reduce the assessment for the following year as an adjustment for savings pursuant to

Section 3410. (

c) If a supplemental assessment is issued pursuant to this section, the charges shall be computed in accordance with Sections and 3403, and the supplemental assessment shall be issued and collected in accordance with the requirements and authorities of this

article with the following exceptions:

(1) The department shall not assess and levy a supplemental assessment until at least days after mailing notice of a pending supplemental assessment to each person subject to assessment pursuant to

Section 3413. The requirement to assess and levy charges between March and June pursuant to

Section does not apply to a supplemental assessment, but the department shall otherwise assess and levy the supplemental assessment in accordance with

Section 3418.

(2) The department shall provide the Controller with an update to the “Record of Assessments and Charges” required pursuant to

Section to include the supplemental assessment.

(3) The certificate delivered to the Controller in the previous year pursuant to

Section may be relied upon for a supplemental assessment and an additional certificate is not required.

(4) Notwithstanding subdivision (

a) of

Section 3420, charges under a supplemental assessment are due and payable days after the assessment is mailed and shall be delinquent if not paid within days after it is due and payable. Penalties described in subdivision (

d) of

Section shall apply to delinquent charges under a supplemental assessment.

(5) The Controller’s collection action pursuant to

Section for charges under a supplemental assessment shall be brought within days after the charge under the supplemental assessment becomes delinquent.

(6) An action pursuant to

Section for the recovery of the whole, or any part of, the charges, penalties, or costs paid on a supplemental assessment pursuant to this

section may be brought no later than the third Monday following the day upon which the charges became delinquent. The requirements of

Section shall otherwise apply to an action for the recovery of the whole or any part of the charges, penalties, or costs paid on a supplemental assessment pursuant to this section. (

d) This

section shall remain in effect only until January 1, 2027, and as of that date is repealed. (

e) Notwithstanding subdivision (d), the department may continue to pursue the collection of unpaid supplemental assessments, penalties, and interest after this

section is repealed.

Document details

CollectionCalifornia Statutes
CitationCal. PRC § 3434
Date2024-09-30
Typestatute
Languageen
SourceCA_STAT
IdentifierPRC3434.202410029