2013 California Oil and Gas Legislation

Overview of bills related to hydraulic fracturing for the 2013-14 CA legislative session. This sheet represents language as of 3/22/13. For up to date language and status, visit: http://www.leginfo.ca.gov/ orĀ http://cleanwater.org/page/stop-fracking-ca-2013-legislative-priorities

SB 4 (Pavley) Omnibus regulations on hydraulic fracturing
This bill would provide a comprehensive framework for the permitting and disclosure of fracking in California and would require an independent scientific study on fracking addressing occupational, public and environmental health and safety be conducted by January 1, 2015. It would require DOGGR to adopt fracking regulations by January 1, 2015 that include full disclosure of the composition and disposition of hydraulic fracturing fluids with trade secret protection for chemical formulas extended to industry. The bill would require that well operators obtain a permit for fracking. The bill would require at least 30 days advance notice to the public, DOGGR and the regional water quality control board of the intent to frack a well. The bill would allow neighbors to have baseline and follow-up water quality testing on water wells and surface water by the regional water board. If the independent study is not completed by January 1, 2015, no fracking permits can be issued until after study is completed. The bill would require that DOGGR develop and maintain its own web site for fracking information by January 1, 2016. DOGGR would need to annually report to the Legislature on fracking, disclosing key data.
Status: Senate Natural Resources and Water Committee 4/9/13

SB 395 (Jackson) Oil and gas wastewater classified as hazardous waste
This bill would define produced water, formation water, injection water, and any chemicals added downhole or during the oil and water separation process, and require its regulation as a hazardous substance during the extraction of oil and gas, including hydraulic fracturing operations. This change in law would result in the requirement for a manifest to be attached to these wastes and to follow them through the disposal process.
Status: Senate Environmental Quality Committee 4/3/13

SB 665 (Wolk) Bonding levels
Existing law requires an operator of an oil or gas well, or a well located on submerged lands under ocean waters, or a class II commercial wastewater disposal well, who engages in the drilling, redrilling, deepening, or in any operation altering the casing, of any well, to file with the State Oil and Gas Supervisor an indemnity bond in a specified amount. This bill would: delete the amounts specified in these provisions for indemnity bonds and deposits in lieu of indemnity bonds, leaving those amounts unspecified, but with an expectation that they will be increased to meet current costs associated with fixing problems in a well or well fields.
Status: Senate Natural Resources and Water Committee 4/23/13

AB 7 (Wieckowski) Disclosure and trade secrets
This bill would establish a framework for regulating hydraulic fracturing, which would need to be adopted by January 1, 2014. The bill requires disclosure of details about hydraulic fracturing operations, including the chemicals used, allowing for trade secret claims to keep information confidential. The bill would also require a comprehensive report on fracking to be completed by January 1, 2016 and annually thereafter.
Status: Assembly Natural Resources Committee TBD

AB 288 (Levine) Positive approval/time period
This bill would establish a positive approval permit process for hydraulic fracturing projects, extending the length of notice to DOGGR from 10 to 30 days and requiring DOGGR to actively approve the project and notify the appropriate regional water board.
Status: Assembly Natural Resources Committee TBD

AB 669 (Stone) Wastewater approval Sponsor: Environmental Working Group
This bill would require the operator prior to drilling operations to submit proof to the supervisor that the appropriate regional water quality control board has approved the method and location of wastewater disposal for the well.
Status: Assembly Natural Resources Committee TBD

AB 649 (Nazarian) Moratorium on fracking near water
This bill would prohibit fracking within X miles of groundwater. The moratorium may not be lifted until an independent advisory commission, under the joint administration of Cal EPA and the Natural Resources Agency completes a study of hydraulic fracturing in California. Prior to January 1, 2019, the secretaries of both agencies shall make a determination as to whether, and under what conditions, hydraulic fracturing shall be permitted within the state. The determination shall be made only after measures are in place to ensure that any activities related to hydraulic fracturing do not pose a risk to the public health and welfare, environment, or economy of the state.
Status: Assembly Natural Resources Committee TBD

AB 982 (Williams) Groundwater monitoring Sponsor: Clean Water Action
This bill would require groundwater monitoring before and after any hydraulic fracturing operations. Any notice of intent to drill, rework, or deepen a well where hydraulic fracturing will occur will include a groundwater monitoring plan for review and approval by the supervisor and the appropriate regional water quality control board. The bill would also require public disclosure of all groundwater monitoring data and prvoding specific information regarding the amount of water, the source of the water, and the method of disposal of produced wastewater during hydraulic fracturing operations.
Status: Assembly Natural Resources Committee TBD

AB 1301 (Bloom) Moratorium on fracking
This bill would prohibit fracking until the legislature has acted to remove the moratorium and determined whether and under what conditions hydraulic fracturing may be conducted while protecting the public health and safety and the natural resources of the state.
Status: Assembly Natural Resources Committee TBD

AB 1323 (Mitchell) Moratorium on fracking
This bill would prohibit fracking through a moratorium that may not be terminated until an independent advisory commission, under the joint administration of Cal EPA and the Natural Resources Agency completes a study of hydraulic fracturing in California. Prior to January 1, 2019, the secretaries of both agencies shall make a determination as to whether, and under what conditions, hydraulic fracturing shall be permitted within the state. The determination shall be made only after measures are in place to ensure that any activities related to hydraulic fracturing do not pose a risk to the public health and welfare, environment, or economy of the state.
Status: Assembly Natural Resources Committee TBD