Bill Text: CA SB4 | 2013-2014 | Regular Session | Chaptered


Bill Title: Oil and gas: well stimulation.

Status: (Passed) 2013-09-20 - Chaptered by Secretary of State. Chapter 313, Statutes of 2013. [SB4 Detail]

Download: California-2013-SB4-Chaptered.html
BILL NUMBER: SB 4	CHAPTERED
	BILL TEXT

	CHAPTER  313
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2013
	PASSED THE SENATE  SEPTEMBER 11, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2013
	AMENDED IN ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2013
	AMENDED IN ASSEMBLY  AUGUST 19, 2013
	AMENDED IN ASSEMBLY  AUGUST 6, 2013
	AMENDED IN ASSEMBLY  JUNE 25, 2013
	AMENDED IN ASSEMBLY  JUNE 18, 2013
	AMENDED IN SENATE  MAY 24, 2013
	AMENDED IN SENATE  MAY 7, 2013
	AMENDED IN SENATE  APRIL 24, 2013
	AMENDED IN SENATE  MARCH 11, 2013

INTRODUCED BY   Senators Pavley and Leno
   (Principal coauthor: Assembly Member Gray)
   (Coauthors: Senators De León and Monning)
   (Coauthors: Assembly Members Alejo, Bloom, Levine, Muratsuchi,
Nazarian, Stone, and Williams)

                        DECEMBER 3, 2012

   An act to amend Sections 3213, 3215, 3236.5, and 3401 of, and to
add Article 3 (commencing with Section 3150) to Chapter 1 of Division
3 of, the Public Resources Code, and to add Section 10783 to the
Water Code, relating to oil and gas.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 4, Pavley.  Oil and gas: well stimulation.
   (1) Under existing law, the Division of Oil, Gas, and Geothermal
Resources in the Department of Conservation, or the division,
regulates the drilling, operation, maintenance, and abandonment of
oil and gas wells in the state. The State Oil and Gas Supervisor, or
supervisor, supervises the drilling, operation, maintenance, and
abandonment of wells and the operation, maintenance, and removal or
abandonment of tanks and facilities related to oil and gas production
within an oil and gas field regarding safety and environmental
damage. Existing law requires an operator of a well, before
commencing the work of drilling the well, to obtain approval from the
supervisor or district deputy. Existing law requires the owner or
operator of a well to keep, or cause to be kept, a careful and
accurate log, core record, and history of the drilling of the well.
Within 60 days after the date of cessation of drilling, rework, or
abandonment operations, the owner or operator is required to file
with the district deputy certain information, including the history
of work performed. Under existing law, a person who violates any
prohibition specific to the regulation of oil or gas operations is
guilty of a misdemeanor.
   This bill would define, among other things, the terms well
stimulation treatment, hydraulic fracturing, and hydraulic fracturing
fluid. The bill would require the Secretary of the Natural Resources
Agency, on or before January 1, 2015, to cause to be conducted, and
completed, an independent scientific study on well stimulation
treatments, including acid well stimulation and hydraulic fracturing
treatments. The bill would require an owner or operator of a well to
record and include all data on acid treatments and well stimulation
treatments, as specified. The bill would require the division, in
consultation with the Department of Toxic Substances Control, the
State Air Resources Board, the State Water Resources Control Board,
the Department of Resources Recycling and Recovery, and any local air
districts and regional water quality control boards in areas where
well stimulation treatments may occur, on or before January 1, 2015,
to adopt rules and regulations specific to well stimulation,
including governing the construction of wells and well casings and
full disclosure of the composition and disposition of well
stimulation fluids, and would authorize the division to allow well
stimulation treatments if specific conditions are met. The bill would
require an operator to apply for a permit, as specified, with the
supervisor or district deputy, prior to performing a well stimulation
treatment of a well and would prohibit the operator from either
conducting a new well stimulation treatment or repeating a well
stimulation treatment without a valid, approved permit. The bill
would prohibit the approval of a permit application that is
incomplete. The bill would require the division, within 5 business
days of issuing a permit to commence a well stimulation treatment, to
provide a copy to specific boards and entities and to post the
permit on a publicly accessible portion of its Internet Web site. The
bill would provide that the well stimulation treatment permit
expires one year from the date that a permit is issued. The bill
would require the division to perform random periodic spot check
inspections during well stimulation treatments, as specified. The
bill would require the Secretary of the Natural Resources Agency to
notify various legislative committees on the progress of the
independent scientific study on well stimulation and related
activities, as specified, until the study is completed and peer
reviewed by independent scientific experts. The bill would require
the operator to provide a copy of the approved well stimulation
treatment permit to specified tenants and property owners at least 30
days prior to commencing a well stimulation treatment. The bill
would require the operator to provide notice to the division at least
72 hours prior to the actual start of a well stimulation treatment
in order for the division to witness the treatment. The bill would
require the supplier, as defined, of the well stimulation treatment
to provide to the operator, within 30 days following the conclusion
of the treatment, certain information regarding the well stimulation
fluid. The bill would require the operator, within 60 days of the
cessation of a well stimulation treatment, to post or cause to have
posted on an Internet Web site accessible to the public specified
information on the well stimulation fluid, as specified. The bill
would require the division to commence a process to develop an
Internet Web site for operators to report specific information
related to well stimulation treatments and would require the Internet
Web site to be operational no later than January 1, 2016. The bill
would authorize the division to direct reporting to an alternative
Internet Web site, as prescribed, and would require the division to
obtain the data reported to the alternative Internet Web site and
make it available to the public, as specified. The bill would provide
that where the division shares jurisdiction over a well with a
federal entity, the division's rules and regulations apply in
addition to all applicable federal law and regulations. The bill
would require a supplier claiming trade secret protection for the
chemical composition of additives used in a well stimulation
treatment to disclose the composition to the division, in conjunction
with a well stimulation treatment permit application, as specified,
but would, with certain exceptions, prohibit those with access to the
trade secret from disclosing it. Because this bill would create a
new crime, it would impose a state-mandated local program.
   (2) Under existing law, a person who violates certain statutes or
regulations relating to oil and gas well operations is subject to a
civil penalty not to exceed $25,000 for each violation.
   This bill would make persons who violate specified provisions
relating to well stimulation treatments subject to a civil penalty of
not less than $10,000 and not to exceed $25,000 per day per
violation.
   (3) Existing law imposes an annual charge upon each person
operating or owning an interest in an oil or gas well in respect to
the production of the well which charge is payable to the Treasurer
for deposit into the Oil, Gas, and Geothermal Administrative Fund.
Existing law further requires that specific moneys from charges
levied, assessed, and collected upon the properties of every person
operating or owning an interest in the production of a well to be
used exclusively, upon appropriation, for the support and maintenance
of the department charged with the supervision of oil and gas
operations.
   This bill would allow the moneys described above to be used for
all costs associated with (A) well stimulation treatments, including
scientific studies required to evaluate the treatment, inspections,
and any air and water quality sampling, monitoring, and testing
performed by public entities, and (B) the costs of the State Water
Resources Control Board and the regional water quality control boards
in carrying out specific responsibilities relating to well
stimulation and groundwater monitoring, as specified.
   This bill would require the supervisor, on or before January 1,
2016, and annually thereafter, to transmit to the Legislature and
make available publicly a comprehensive report on well stimulation in
the exploration and production of oil and gas resources in the
state.
   (4) Existing law, the Groundwater Quality Monitoring Act of 2001,
requires the State Water Resources Control Board to integrate
existing monitoring programs and design new program elements, as
necessary, to establish a comprehensive monitoring program capable of
assessing each groundwater basin in the state through direct and
other statistically reliable sampling approaches.
   This bill would require the state board, on or before July 1,
2015, to develop a groundwater monitoring model criteria, as
specified, to be implemented either on a well-by-well basis or on a
regional scale, on how to conduct appropriate monitoring on
individual oil and gas wells subject to a well stimulation treatment
in order to protect all waters designated for beneficial uses and
prioritize the monitoring of groundwater that is or has the potential
to be a source of drinking water.
   (5)The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The hydraulic fracturing of oil and gas wells in combination
with technological advances in oil and gas well drilling are spurring
oil and gas extraction and exploration in California. Other well
stimulation treatments, in addition to hydraulic fracturing, are also
critical to boosting oil and gas production.
   (b) Insufficient information is available to fully assess the
science of the practice of hydraulic fracturing and other well
stimulation treatment technologies in California, including
environmental, occupational, and public health hazards and risks.
   (c) Providing transparency and accountability to the public
regarding well stimulation treatments, including, but not limited to,
hydraulic fracturing, associated emissions to the environment, and
the handling, processing, and disposal of well stimulation and
related wastes, including from hydraulic fracturing, is of paramount
concern.
   (d) The public disclosure of chemical information required by this
act ensures that potential public exposure to, and dose received
from, well stimulation treatment fluid chemicals can be reasonably
discerned.
   (e) The Legislature encourages the use or reuse of treated or
untreated water and produced water for well stimulation treatments
and well stimulation treatment-related activities.
  SEC. 2.  Article 3 (commencing with Section 3150) is added to
Chapter 1 of Division 3 of the Public Resources Code, to read:

      Article 3.  Well Stimulation


   3150.  "Additive" means a substance or combination of substances
added to a base fluid for purposes of preparing well stimulation
treatment fluid which includes, but is not limited to, an acid
stimulation treatment fluid or a hydraulic fracturing fluid. An
additive may, but is not required to, serve additional purposes
beyond the transmission of hydraulic pressure to the geologic
formation. An additive may be of any phase and includes proppants.
   3151.  "Base fluid" means the continuous phase fluid used in the
makeup of a well stimulation treatment fluid, including, but not
limited to, an acid stimulation treatment fluid or a hydraulic
fracturing fluid. The continuous phase fluid may include, but is not
limited to, water, and may be a liquid or a hydrocarbon or
nonhydrocarbon gas. A well stimulation treatment may use more than
one base fluid.
   3152.  "Hydraulic fracturing" means a well stimulation treatment
that, in whole or in part, includes the pressurized injection of
hydraulic fracturing fluid or fluids into an underground geologic
formation in order to fracture or with the intent to fracture the
formation, thereby causing or enhancing, for the purposes of this
division, the production of oil or gas from a well.
   3153.  "Well stimulation treatment fluid" means a base fluid mixed
with physical and chemical additives, which may include acid, for
the purpose of a well stimulation treatment. A well stimulation
treatment may include more than one well stimulation treatment fluid.
Well stimulation treatment fluids include, but are not limited to,
hydraulic fracturing fluids and acid stimulation treatment fluids.
   3154.  "Proppants" means materials inserted or injected into the
underground geologic formation that are intended to prevent fractures
from closing.
   3155.  "Supplier" means an entity performing a well stimulation
treatment or an entity supplying an additive or proppant directly to
the operator for use in a well stimulation treatment.
   3156.  "Surface property owner" means the owner of real property
as shown on the latest equalized assessment roll or, if more recent
information than the information contained on the assessment roll is
available, the owner of record according to the county assessor or
tax collector.
   3157.  (a) For purposes of this article, "well stimulation
treatment" means any treatment of a well designed to enhance oil and
gas production or recovery by increasing the permeability of the
formation. Well stimulation treatments include, but are not limited
to, hydraulic fracturing treatments and acid well stimulation
treatments.
   (b) Well stimulation treatments do not include steam flooding,
water flooding, or cyclic steaming and do not include routine well
cleanout work, routine well maintenance, routine removal of formation
damage due to drilling, bottom hole pressure surveys, or routine
activities that do not affect the integrity of the well or the
formation.
   3158.  "Acid well stimulation treatment" means a well stimulation
treatment that uses, in whole or in part, the application of one or
more acids to the well or underground geologic formation. The acid
well stimulation treatment may be at any applied pressure and may be
used in combination with hydraulic fracturing treatments or other
well stimulation treatments. Acid well stimulation treatments include
acid matrix stimulation treatments and acid fracturing treatments.
Acid matrix stimulation treatments are acid treatments conducted at
pressures lower than the applied pressure necessary to fracture the
underground geologic formation.
   3159.  "Flowback fluid" means the fluid recovered from the treated
well before the commencement of oil and gas production from that
well following a well stimulation treatment. The flowback fluid may
include materials of any phase.
   3160.  (a) On or before January 1, 2015, the Secretary of the
Natural Resources Agency shall cause to be conducted, and completed,
an independent scientific study on well stimulation treatments,
including, but not limited to, hydraulic fracturing and acid well
stimulation treatments. The scientific study shall evaluate the
hazards and risks and potential hazards and risks that well
stimulation treatments pose to natural resources and public,
occupational, and environmental health and safety. The scientific
study shall do all of the following:
   (1) Follow the well-established standard protocols of the
scientific profession, including, but not limited to, the use of
recognized experts, peer review, and publication.
   (2) Identify areas with existing and potential conventional and
unconventional oil and gas reserves where well stimulation treatments
are likely to spur or enable oil and gas exploration and production.

   (3) (A) Evaluate all aspects and effects of well stimulation
treatments, including, but not limited to, the well stimulation
treatment, additive and water transportation to and from the well
site, mixing and handling of the well stimulation treatment fluids
and additives onsite, the use and potential for use of nontoxic
additives and the use or reuse of treated or produced water in well
stimulation treatment fluids, flowback fluids and handling,
treatment, and disposal of flowback fluids and other materials, if
any, generated by the treatment. Specifically, the potential for the
use of recycled water in well stimulation treatments, including
appropriate water quality requirements and available treatment
technologies, shall be evaluated. Well stimulation treatments
include, but are not limited to, hydraulic fracturing and acid well
stimulation treatments.
   (B) Review and evaluate acid matrix stimulation treatments,
including the range of acid volumes applied per treated foot and
total acid volumes used in treatments, types of acids, acid
concentration, and other chemicals used in the treatments.
   (4) Consider, at a minimum, atmospheric emissions, including
potential greenhouse gas emissions, the potential degradation of air
quality, potential impacts on wildlife, native plants, and habitat,
including habitat fragmentation, potential water and surface
contamination, potential noise pollution, induced seismicity, and the
ultimate disposition, transport, transformation, and toxicology of
well stimulation treatments, including acid well stimulation fluids,
hydraulic fracturing fluids, and waste hydraulic fracturing fluids
and acid well stimulation in the environment.
   (5)  Identify and evaluate the geologic features present in the
vicinity of a well, including the well bore, that should be taken
into consideration in the design of a proposed well stimulation
treatment.
   (6) Include a hazard assessment and risk analysis addressing
occupational and environmental exposures to well stimulation
treatments, including hydraulic fracturing treatments, hydraulic
fracturing treatment-related processes, acid well stimulation
treatments, acid well stimulation treatment-related processes, and
the corresponding impacts on public health and safety with the
participation of the Office of Environmental Health Hazard
Assessment.
   (7) Clearly identify where additional information is necessary to
inform and improve the analyses.
   (b) (1) (A) On or before January 1, 2015, the division, in
consultation with the Department of Toxic Substances Control, the
State Air Resources Board, the State Water Resources Control Board,
the Department of Resources Recycling and Recovery, and any local air
districts and regional water quality control boards in areas where
well stimulation treatments, including acid well stimulation
treatments and hydraulic fracturing treatments may occur, shall adopt
rules and regulations specific to well stimulation treatments. The
rules and regulations shall include, but are not limited to,
revisions, as needed, to the rules and regulations governing
construction of wells and well casings to ensure integrity of wells,
well casings, and the geologic and hydrologic isolation of the oil
and gas formation during and following well stimulation treatments,
and full disclosure of the composition and disposition of well
stimulation fluids, including, but not limited to, hydraulic
fracturing fluids, acid well stimulation fluids, and flowback fluids.

   (B) The rules and regulations shall additionally include
provisions for an independent entity or person to perform the
notification requirements pursuant to paragraph (6) of subdivision
(d), for the operator to provide for baseline and followup water
testing upon request as specified in paragraph (7) of subdivision
(d).
   (C) (i) In order to identify the acid matrix stimulation
treatments that are subject to this section, the rules and
regulations shall establish threshold values for acid volume applied
per treated foot of any individual stage of the well or for total
acid volume of the treatment, or both, based upon a quantitative
assessment of the risks posed by acid matrix stimulation treatments
that exceed the specified threshold value or values in order to
prevent, as far as possible, damage to life, health, property, and
natural resources pursuant to Section 3106.
   (ii) On or before January 1, 2020, the division shall review and
evaluate the threshold values for acid volume applied per treated
foot and total acid volume of the treatment, based upon data
collected in the state, for acid matrix stimulation treatments. The
division shall revise the values through the regulatory process, if
necessary, based upon the best available scientific information,
including the results of the independent scientific study pursuant to
subparagraph (B) of paragraph (3) of subdivision (a).
   (2) Full disclosure of the composition and disposition of well
stimulation fluids, including, but not limited to, hydraulic
fracturing fluids and acid stimulation treatment fluids, shall, at a
minimum, include:
   (A) The date of the well stimulation treatment.
   (B) A complete list of the names, Chemical Abstract Service (CAS)
numbers, and maximum concentration, in percent by mass, of each and
every chemical constituent of the well stimulation treatment fluids
used. If a CAS number does not exist for a chemical constituent, the
well owner or operator may provide another unique identifier, if
available.
   (C) The trade name, the supplier, concentration, and a brief
description of the intended purpose of each additive contained in the
well stimulation treatment fluid.
   (D) The total volume of base fluid used during the well
stimulation treatment, and the identification of whether the base
fluid is water suitable for irrigation or domestic purposes, water
not suitable for irrigation or domestic purposes, or a fluid other
than water.
   (E) The source, volume, and specific composition and disposition
of all water, including, but not limited to, all water used as base
fluid during the well stimulation treatment and recovered from the
well following the well stimulation treatment that is not otherwise
reported as produced water pursuant to Section 3227. Any repeated
reuse of treated or untreated water for well stimulation treatments
and well stimulation treatment-related activities shall be
identified.
   (F) The specific composition and disposition of all well
stimulation treatment fluids, including waste fluids, other than
water.
   (G) Any radiological components or tracers injected into the well
as part of, or in order to evaluate, the well stimulation treatment,
a description of the recovery method, if any, for those components or
tracers, the recovery rate, and specific disposal information for
recovered components or tracers.
   (H) The radioactivity of the recovered well stimulation fluids.
   (I) The location of the portion of the well subject to the well
stimulation treatment and the extent of the fracturing or other
modification, if any, surrounding the well induced by the treatment.
   (c) (1) Through the consultation process described in paragraph
(1) of subdivision (b), the division shall collaboratively identify
and delineate the existing statutory authority and regulatory
responsibility relating to well stimulation treatments and well
stimulation treatment-related activities of the Department of Toxic
Substances Control, the State Air Resources Board, any local air
districts, the State Water Resources Control Board, the Department of
Resources Recycling and Recovery, any regional water quality control
board, and other public entities, as applicable. This shall specify
how the respective authority, responsibility, and notification and
reporting requirements associated with well stimulation treatments
and well stimulation treatment-related activities are divided among
each public entity.
   (2) On or before January 1, 2015, the division shall enter into
formal agreements with the Department of Toxic Substances Control,
the State Air Resources Board, any local air districts where well
stimulation treatments may occur, the State Water Resources Control
Board, the Department of Resources Recycling and Recovery, and any
regional water quality control board where well stimulation
treatments may occur, clearly delineating respective authority,
responsibility, and notification and reporting requirements
associated with well stimulation treatments and well stimulation
treatment-related activities, including air and water quality
monitoring, in order to promote regulatory transparency and
accountability.
   (3) The agreements under paragraph (2) shall specify the
appropriate public entity responsible for air and water quality
monitoring and the safe and lawful disposal of materials in
landfills, include trade secret handling protocols, if necessary, and
provide for ready public access to information related to well
stimulation treatments and related activities.
   (4) Regulations, if necessary, shall be revised appropriately to
incorporate the agreements under paragraph (2).
   (d) (1) Notwithstanding any other law or regulation, prior to
performing a well stimulation treatment on a well, the operator shall
apply for a permit to perform a well stimulation treatment with the
supervisor or district deputy. The well stimulation treatment permit
application shall contain the pertinent data the supervisor requires
on printed forms supplied by the division or on other forms
acceptable to the supervisor. The information provided in the well
stimulation treatment permit application shall include, but is not
limited to, the following:
   (A) The well identification number and location.
   (B) The time period during which the well stimulation treatment is
planned to occur.
   (C) A water management plan that shall include all of the
following:
   (i) An estimate of the amount of water to be used in the
treatment. Estimates of water to be recycled following the well
stimulation treatment may be included.
   (ii) The anticipated source of the water to be used in the
treatment.
   (iii) The disposal method identified for the recovered water in
the flowback fluid from the treatment that is not produced water
included in the statement pursuant to Section 3227.
   (D) A complete list of the names, Chemical Abstract Service (CAS)
numbers, and estimated concentrations, in percent by mass, of each
and every chemical constituent of the well stimulation fluids
anticipated to be used in the treatment. If a CAS number does not
exist for a chemical constituent, the well owner or operator may
provide another unique identifier, if available.
   (E) The planned location of the well stimulation treatment on the
well bore, the estimated length, height, and direction of the induced
fractures or other planned modification, if any, and the location of
existing wells, including plugged and abandoned wells, that may be
impacted by these fractures and modifications.
   (F) A groundwater monitoring plan. Required groundwater monitoring
in the vicinity of the well subject to the well stimulation
treatment shall be satisfied by one of the following:
   (i) The well is located within the boundaries of an existing oil
or gas field-specific or regional monitoring program developed
pursuant to Section 10783 of the Water Code.
   (ii) The well is located within the boundaries of an existing oil
or gas field-specific or regional monitoring program developed and
implemented by the well owner or operator meeting the model criteria
established pursuant to Section 10783 of the Water Code.
   (iii) Through a well-specific monitoring plan implemented by the
owner or operator meeting the model criteria established pursuant to
Section 10783 of the Water Code, and submitted to the appropriate
regional water board for review.
   (G) The estimated amount of treatment-generated waste materials
that are not reported in subparagraph (C) and an identified disposal
method for the waste materials.
   (2) (A) At the supervisor's discretion, and if applied for
concurrently, the well stimulation treatment permit described in this
section may be combined with the well drilling and related operation
notice of intent required pursuant to Section 3203 into a single
combined authorization. The portion of the combined authorization
applicable to well stimulation shall meet all of the requirements of
a well stimulation treatment permit pursuant to this section.
   (B) Where the supervisor determines that the activities proposed
in the well stimulation treatment permit or the combined
authorization have met all of the requirements of Division 13
(commencing with Section 21000), and have been fully described,
analyzed, evaluated, and mitigated, no additional review or
mitigation shall be required.
   (C) The time period available for approval of the portion of the
combined authorization applicable to well stimulation is subject to
the terms of this section, and not Section 3203.
   (3) (A) The supervisor or district deputy shall review the well
stimulation treatment permit application and may approve the permit
if the application is complete. An incomplete application shall not
be approved.
   (B) A well stimulation treatment or repeat well stimulation
treatment shall not be performed on any well without a valid permit
that the supervisor or district deputy has approved.
   (C) In considering the permit application, the supervisor shall
evaluate the quantifiable risk of the well stimulation treatment.
   (4) The well stimulation treatment permit shall expire one year
from the date that the permit is issued.
   (5) Within five business days of issuing a permit to perform a
well stimulation treatment, the division shall provide a copy of the
permit to the appropriate regional water quality control board or
boards and to the local planning entity where the well, including its
subsurface portion, is located. The division shall also post the
permit on the publicly accessible portion of its Internet Web site
within five business days of issuing a permit.
   (6) (A) It is the policy of the state that a copy of the approved
well stimulation treatment permit and information on the available
water sampling and testing be provided to every tenant of the surface
property and every surface property owner or authorized agent of
that owner whose property line location is one of the following:
   (i) Within a 1,500 foot radius of the wellhead.
   (ii) Within 500 feet from the horizontal projection of all
subsurface portions of the designated well to the surface.
   (B) (i) The well owner or operator shall identify the area
requiring notification and shall contract with an independent entity
or person who is responsible for, and shall perform, the notification
required pursuant to subparagraph (A).
   (ii) The independent entity or person shall identify the
individuals notified, the method of notification, the date of the
notification, a list of those notified, and shall provide a list of
this information to the division.
   (iii) The performance of the independent entity or persons shall
be subject to review and audit by the division.
   (C) A well stimulation treatment shall not commence before 30
calendar days after the permit copies pursuant to subparagraph (A)
are provided.
   (7) (A) A property owner notified pursuant to paragraph (6) may
request water quality sampling and testing from a designated
qualified contractor on any water well suitable for drinking or
irrigation purposes and on any surface water suitable for drinking or
irrigation purposes as follows:
   (i) Baseline measurements prior to the commencement of the well
stimulation treatment.
   (ii) Followup measurements after the well stimulation treatment on
the same schedule as the pressure testing of the well casing of the
treated well.
   (B) The State Water Resources Control Board shall designate one or
more qualified independent third-party contractor or contractors
that adhere to board-specified standards and protocols to perform the
water sampling and testing. The well owner or operator shall pay for
the sampling and testing. The sampling and testing performed shall
be subject to audit and review by the State Water Resources Control
Board or applicable regional water quality control board, as
appropriate.
   (C) The results of the water testing shall be provided to the
division, appropriate regional water board, and the property owner or
authorized agent. A tenant notified pursuant to paragraph (6) shall
receive information on the results of the water testing to the extent
authorized by his or her lease and, where the tenant has lawful use
of the ground or surface water identified in subparagraph (A), the
tenant may independently contract for similar groundwater or surface
water testing.
   (8) The division shall retain a list of the entities and property
owners notified pursuant to paragraphs (5) and (6).
   (9) The operator shall provide notice to the division at least 72
hours prior to the actual start of the well stimulation treatment in
order for the division to witness the treatment.
   (e) The Secretary of the Natural Resources Agency shall notify the
Joint Legislative Budget Committee and the chairs of the Assembly
Natural Resources, Senate Environmental Quality, and Senate Natural
Resources and Water Committees on the progress of the independent
scientific study on well stimulation and related activities. The
first progress report shall be provided to the Legislature on or
before April 1, 2014, and progress reports shall continue every four
months thereafter until the independent study is completed, including
a peer review of the study by independent scientific experts.
   (f) If a well stimulation treatment is performed on a well, a
supplier that performs any part of the stimulation or provides
additives directly to the operator for a well stimulation treatment
shall furnish the operator with information suitable for public
disclosure needed for the operator to comply with subdivision (g).
This information shall be provided as soon as possible but no later
than 30 days following the conclusion of the well stimulation
treatment.
   (g) (1) Within 60 days following cessation of a well stimulation
treatment on a well, the operator shall post or cause to have posted
to an Internet Web site designated or maintained by the division and
accessible to the public, all of the well stimulation fluid
composition and disposition information required to be collected
pursuant to rules and regulations adopted under subdivision (b),
including well identification number and location. This shall include
the collected water quality data, which the operator shall report
electronically to the State Water Resources Control Board.
   (2) (A) The division shall commence the process to develop an
Internet Web site for operators to report the information required
under this section. The Internet Web site shall be capable of
organizing the reported information in a format, such as a
spreadsheet, that allows the public to easily search and aggregate,
to the extent practicable, each type of information required to be
collected pursuant to subdivision (b) using search functions on that
Internet Web site. The Internet Web site shall be functional within
two years of the Department of Technology's approval of a Feasibility
Study Report or appropriation authority to fund the development of
the Internet Web site, whichever occurs latest, but no later than
January 1, 2016.
   (B) The division may direct reporting to an alternative Internet
Web site developed by the Ground Water Protection Council and the
Interstate Oil and Gas Compact Commission in the interim until such
time as approval or appropriation authority pursuant to subparagraph
(A) occur. Prior to the implementation of the division's Internet Web
site, the division shall obtain the data reported by operators to
the alternative Internet Web site and make it available in an
organized electronic format to the public no later than 15 days after
it is reported to the alternative Web site.
   (h) The operator is responsible for compliance with this section.
   (i) (1) All geologic features within a distance reflecting an
appropriate safety factor of the fracture zone for well stimulation
treatments that fracture the formation and that have the potential to
either limit or facilitate the migration of fluids outside of the
fracture zone shall be
   identified and added to the well history. Geologic features
include seismic faults identified by the California Geologic Survey.
   (2) For the purposes of this section, the "fracture zone" is
defined as the volume surrounding the well bore where fractures were
created or enhanced by the well stimulation treatment. The safety
factor shall be at least five and may vary depending upon geologic
knowledge.
   (3) The division shall review the geologic features important to
assessing well stimulation treatments identified in the independent
study pursuant to paragraph (5) of subdivision (a). Upon completion
of the review, the division shall revise the regulations governing
the reporting of geologic features pursuant to this subdivision
accordingly.
   (j) (1) Public disclosure of well stimulation treatment fluid
information claimed to contain trade secrets is governed by Section
1060 of the Evidence Code, or the Uniform Trade Secrets Act (Title 5
(commencing with Section 3426) of Part 1 of Division 4 of the Civil
Code), and the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code).

   (2) Notwithstanding any other law or regulation, none of the
following information shall be protected as a trade secret:
   (A) The identities of the chemical constituents of additives,
including CAS identification numbers.
   (B) The concentrations of the additives in the well stimulation
treatment fluids.
   (C) Any air or other pollution monitoring data.
   (D) Health and safety data associated with well stimulation
treatment fluids.
   (E) The chemical composition of the flowback fluid.
   (3) If a trade secret claim is invalid or invalidated, the
division shall release the information to the public by revising the
information released pursuant to subdivision (g). The supplier shall
notify the division of any change in status within 30 days.
   (4) (A) If a supplier believes that information regarding a
chemical constituent of a well stimulation fluid is a trade secret,
the supplier shall nevertheless disclose the information to the
division in conjunction with a well stimulation treatment permit
application, if not previously disclosed, within 30 days following
cessation of well stimulation on a well, and shall notify the
division in writing of that belief.
   (B) A trade secret claim shall not be made after initial
disclosure of the information to the division.
   (C) To comply with the public disclosure requirements of this
section, the supplier shall indicate where trade secret information
has been withheld and provide substitute information for public
disclosure. The substitute information shall be a list, in any order,
of the chemical constituents of the additive, including CAS
identification numbers. The division shall review and approve the
supplied substitute information.
   (D) This subdivision does not permit a supplier to refuse to
disclose the information required pursuant to this section to the
division.
   (5) In order to substantiate the trade secret claim, the supplier
shall provide information to the division that shows all of the
following:
   (A) The extent to which the trade secret information is known by
the supplier's employees, others involved in the supplier's business
and outside the supplier's business.
   (B) The measures taken by the supplier to guard the secrecy of the
trade secret information.
   (C) The value of the trade secret information to the supplier and
its competitors.
   (D) The amount of effort or money the supplier expended developing
the trade secret information and the ease or difficulty with which
the trade secret information could be acquired or duplicated by
others.
   (6) If the division determines that the information provided in
support of a request for trade secret protection pursuant to
paragraph (5) is incomplete, the division shall notify the supplier
and the supplier shall have 30 days to complete the submission. An
incomplete submission does not meet the substantive criteria for
trade secret designation.
   (7) If the division determines that the information provided in
support of a request for trade secret protection does not meet the
substantive criteria for trade secret designation, the department
shall notify the supplier by certified mail of its determination. The
division shall release the information to the public, but not
earlier than 60 days after the date of mailing the determination,
unless, prior to the expiration of the 60-day period, the supplier
obtains an action in an appropriate court for a declaratory judgment
that the information is subject to protection or for a preliminary
injunction prohibiting disclosure of the information to the public
and provides notice to the division of the court order.
   (8) The supplier is not required to disclose trade secret
information to the operator.
   (9) Upon receipt of a request for the release of trade secret
information to the public, the following procedure applies:
   (A) The division shall notify the supplier of the request in
writing by certified mail, return receipt requested.
   (B) The division shall release the information to the public, but
not earlier than 60 days after the date of mailing the notice of the
request for information, unless, prior to the expiration of the
60-day period, the supplier obtains an action in an appropriate court
for a declaratory judgment that the information is subject to
protection or for a preliminary injunction prohibiting disclosure of
the information to the public and provides notice to the division of
that action.
   (10) The division shall develop a timely procedure to provide
trade secret information in the following circumstances:
   (A) To an officer or employee of the division, the state, local
governments, including, but not limited to, local air districts, or
the United States, in connection with the official duties of that
officer or employee, to a health professional under any law for the
protection of health, or to contractors with the division or other
government entities and their employees if, in the opinion of the
division, disclosure is necessary and required for the satisfactory
performance of a contract, for performance of work, or to protect
health and safety.
   (B) To a health professional in the event of an emergency or to
diagnose or treat a patient.
   (C) In order to protect public health, to any health professional,
toxicologist, or epidemiologist who is employed in the field of
public health and who provides a written statement of need. The
written statement of need shall include the public health purposes of
the disclosure and shall explain the reason the disclosure of the
specific chemical and its concentration is required.
   (D) A health professional may share trade secret information with
other persons as may be professionally necessary, in order to
diagnose or treat a patient, including, but not limited to, the
patient and other health professionals, subject to state and federal
laws restricting disclosure of medical records including, but not
limited to, Chapter 2 (commencing with Section 56.10) of Part 2.6 of
Division 1 of the Civil Code.
   (E) For purposes of this paragraph, "health professional" means
any person licensed or certified pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code, the
Osteopathic Initiative Act, the Chiropractic Initiative Act, or the
Emergency Medical Services System and the Prehospital Emergency
Medical Care Personnel Act (Division 2.5 (commencing with Section
1797) of the Health and Safety Code).
   (F) A person in possession of, or access to, confidential trade
secret information pursuant to the provisions of this subdivision may
disclose this information to any person who is authorized to receive
it. A written confidentiality agreement shall not be required.
   (k) A well granted confidential status pursuant to Section 3234
shall not be required to disclose well stimulation treatment fluid
information pursuant to subdivision (g) until the confidential status
of the well ceases. Notwithstanding the confidential status of a
well, it is public information that a well will be or has been
subject to a well stimulation treatment.
   (l) The division shall perform random periodic spot check
inspections to ensure that the information provided on well
stimulation treatments is accurately reported, including that the
estimates provided prior to the commencement of the well stimulation
treatment are reasonably consistent with the well history.
   (m) Where the division shares jurisdiction over a well or the well
stimulation treatment on a well with a federal entity, the division'
s rules and regulations shall apply in addition to all applicable
federal laws and regulations.
   (n) This article does not relieve the division or any other agency
from complying with any other provision of existing laws,
regulations, and orders.
   (o) Well stimulation treatments used for routine maintenance of
wells associated with underground storage facilities where natural
gas is injected into and withdrawn from depleted or partially
depleted oil or gas reservoirs pursuant to subdivision (a) of Section
3403.5 are not subject to this section.
   3161.  (a) The division shall finalize and implement the
regulations governing this article on or before January 1, 2015.
   (b) The division shall allow, until regulations governing this
article are finalized and implemented, and upon written notification
by an operator, all of the activities defined in Section 3157,
provided all of the following conditions are met:
   (1) The owner or operator certifies compliance with subdivision
(b) of, subparagraphs (A) to (F), inclusive, of paragraph (1) and
paragraphs (6) and (7) of subdivision (d) of, and subdivision (g) of,
Section 3160.
   (2) The owner or operator provides a complete well history,
incorporating the information required by Section 3160, to the
division on or before March 1, 2015.
   (3) The division conducts an environmental impact report (EIR)
pursuant to the California Environmental Quality Act (Division 13
(commencing with Section 21000)), in order to provide the public with
detailed information regarding any potential environmental impacts
of well stimulation in the state.
   (4) Any environmental review conducted by the division shall fully
comply with all of the following requirements:
   (A) The EIR shall be certified by the division as the lead agency,
no later than July 1, 2015.
   (B) The EIR shall address the issue of activities that may be
conducted as defined in Section 3157 and that may occur at oil wells
in the state existing prior to, and after, the effective date of this
section.
   (C) The EIR shall not conflict with an EIR conducted by a local
lead agency that is certified on or before July 1, 2015. Nothing in
this section prohibits a local lead agency from conducting its own
EIR.
   (5) The division ensures that all activities pursuant to this
section fully conform with this article and other applicable
provisions of law on or before December 31, 2015, through a
permitting process.
   (6) The division has the emergency regulatory authority to
implement the purposes of this section.
  SEC. 3.  Section 3213 of the Public Resources Code is amended to
read:
   3213.  The history shall show the location and amount of
sidetracked casings, tools, or other material, the depth and quantity
of cement in cement plugs, the shots of dynamite or other
explosives, acid treatment data, and the results of production and
other tests during drilling operations. All data on well stimulation
treatments pursuant to Section 3160 shall be recorded in the history.

  SEC. 4.  Section 3215 of the Public Resources Code is amended to
read:
   3215.  (a) Within 60 days after the date of cessation of drilling,
rework, well stimulation treatment, or abandonment operations, or
the date of suspension of operations, the operator shall file with
the district deputy, in a form approved by the supervisor, true
copies of the log, core record, and history of work performed, and,
if made, true and reproducible copies of all electrical, physical, or
chemical logs, tests, or surveys. Upon a showing of hardship, the
supervisor may extend the time within which to comply with this
section for a period not to exceed 60 additional days.
   (b) The supervisor shall include information or electronic links
to information provided pursuant to subdivision (g) of Section 3160
on existing publicly accessible maps on the division's Internet Web
site, and make the information available such that well stimulation
treatment and related information are associated with each specific
well. If data is reported on an Internet Web site not maintained by
the division pursuant to paragraph (2) of subdivision (g) of Section
3160, the division shall provide electronic links to that Internet
Web site. The public shall be able to search and sort the hydraulic
well stimulation and related information by at least the following
criteria:
   (1) Geographic area.
   (2) Additive.
   (3) Chemical constituent.
   (4) Chemical Abstract Service number.
   (5) Time period.
   (6) Operator.
   (c) Notwithstanding Section 10231.5 of the Government Code, on or
before January 1, 2016, and annually thereafter, the supervisor
shall, in compliance with Section 9795 of the Government Code,
prepare and transmit to the Legislature a comprehensive report on
well stimulation treatments in the exploration and production of oil
and gas resources in California. The report shall include aggregated
data of all of the information required to be reported pursuant to
Section 3160 reported by the district, county, and operator. The
report also shall include relevant additional information, as
necessary, including, but not limited to, all of the following:
   (1) Aggregated data detailing the disposition of any produced
water from wells that have undergone well stimulation treatments.
   (2) Aggregated data describing the formations where wells have
received well stimulation treatments including the range of safety
factors used and fracture zone lengths.
   (3) The number of emergency responses to a spill or release
associated with a well stimulation treatment.
   (4) Aggregated data detailing the number of times trade secret
information was not provided to the public, by county and by each
company, in the preceding year.
   (5) Data detailing the loss of well and well casing integrity in
the preceding year for wells that have undergone well stimulation
treatment. For comparative purposes, data detailing the loss of well
and well casing integrity in the preceding year for all wells shall
also be provided. The cause of each well and well casing failure, if
known, shall also be provided.
   (6) The number of spot check inspections conducted pursuant to
subdivision (l) of Section 3160, including the number of inspections
where the composition of well stimulation fluids were verified and
the results of those inspections.
   (7) The number of well stimulation treatments witnessed by the
division.
   (8) The number of enforcement actions associated with well
stimulation treatments, including, but not limited to, notices of
deficiency, notices of violation, civil or criminal enforcement
actions, and any penalties assessed.
   (d) The report shall be made publicly available and an electronic
version shall be available on the division's Internet Web site.
  SEC. 5.  Section 3236.5 of the Public Resources Code is amended to
read:
   3236.5.  (a) A person who violates this chapter or a regulation
implementing this chapter is subject to a civil penalty not to exceed
twenty-five thousand dollars ($25,000) for each violation. A person
who commits a violation of Article 3 (commencing with Section 3150)
is subject to a civil penalty of not less than ten thousand dollars
($10,000) and not to exceed twenty-five thousand dollars ($25,000)
per day per violation. An act of God and an act of vandalism beyond
the reasonable control of the operator shall not be considered a
violation. The civil penalty shall be imposed by an order of the
supervisor pursuant to Section 3225 upon a determination that a
violation has been committed by the person charged. The imposition of
a civil penalty under this section shall be in addition to any other
penalty provided by law for the violation. When establishing the
amount of the civil penalty pursuant to this section, the supervisor
shall consider, in addition to other relevant circumstances, all of
the following:
   (1) The extent of harm caused by the violation.
   (2) The persistence of the violation.
   (3) The pervasiveness of the violation.
   (4) The number of prior violations by the same violator.
   (b) An order of the supervisor imposing a civil penalty shall be
reviewable pursuant to Article 6 (commencing with Section 3350). When
the order of the supervisor has become final and the penalty has not
been paid, the supervisor may apply to the appropriate superior
court for an order directing payment of the civil penalty. The
supervisor may also seek from the court an order directing that
production from the well or use of the production facility that is
the subject of the civil penalty order be discontinued until the
violation has been remedied to the satisfaction of the supervisor and
the civil penalty has been paid.
   (c) Any amount collected under this section shall be deposited in
the Oil, Gas, and Geothermal Administrative Fund.
  SEC. 6.  Section 3401 of the Public Resources Code is amended to
read:
   3401.  (a) The proceeds of charges levied, assessed, and collected
pursuant to this article upon the properties of every person
operating or owning an interest in the production of a well shall be
used exclusively for the support and maintenance of the department
charged with the supervision of oil and gas operations.
   (b) Notwithstanding subdivision (a), the proceeds of charges
levied, assessed, and collected pursuant to this article upon the
properties of every person operating or owning an interest in the
production of a well undergoing a well stimulation treatment, may be
used by public entities, subject to appropriation by the Legislature,
for all costs associated with both of the following:
   (1) Well stimulation treatments, including rulemaking and
scientific studies required to evaluate the treatment, inspections,
any air and water quality sampling, monitoring, and testing performed
by public entities.
   (2) The costs of the State Water Resources Control Board and the
regional water quality control boards in carrying out their
responsibilities pursuant to Section 3160 and Section 10783 of the
Water Code.
  SEC. 7.  Section 10783 is added to the Water Code, to read:
   10783.  (a) The Legislature finds and declares that protecting the
state's groundwater for beneficial use, particularly sources and
potential sources of drinking water, is of paramount concern.
   (b) The Legislature further finds and declares that strategic,
scientifically based groundwater monitoring of the state's oil and
gas fields is critical to allaying the public's concerns regarding
well stimulation treatments of oil and gas wells.
   (c) On or before July 1, 2015, in order to assess the potential
effects of well stimulation treatments, as defined in Article 3
(commencing with Section 3150) of Chapter 1 of Division 3 of the
Public Resources Code, on the state's groundwater resources in a
systematic way, the state board shall develop model groundwater
monitoring criteria to be implemented either on a well-by-well basis
for a well subject to well stimulation treatment, or on a regional
scale. The model criteria shall address a range of spatial sampling
scales from methods for conducting appropriate monitoring on
individual oil and gas wells subject to a well stimulation treatment,
to methods for conducting a regional groundwater monitoring program.
The state board shall take into consideration the recommendations
received pursuant to subdivision (d) and shall include in the model
criteria, at a minimum, the components identified in subdivision (f).
The state board shall prioritize monitoring of groundwater that is
or has the potential to be a source of drinking water, but shall
protect all waters designated for any beneficial use.
   (d) The state board, in consultation with the Department of
Conservation, Division of Oil, Gas, and Geothermal Resources, shall
seek the advice of experts on the design of the model groundwater
monitoring criteria. The experts shall assess and make
recommendations to the state board on the model criteria. These
recommendations shall prioritize implementation of regional
groundwater monitoring programs statewide, as warranted, based upon
the prevalence of well stimulation treatments of oil and gas wells
and groundwater suitable as a source of drinking water.
   (e) The state board shall also seek the advice of stakeholders
representing the diverse interests of the oil- and gas-producing
areas of the state. The stakeholders shall include the oil and gas
industry, agriculture, environmental justice, and local government,
among others, with regional representation commensurate with the
intensity of oil and gas development in that area. The stakeholders
shall also make recommendations to the state board regarding the
development and implementation of groundwater monitoring criteria,
including priority locations for implementation.
   (f) The scope and nature of the model groundwater monitoring
criteria shall include the determination of all of the following:
   (1) An assessment of the areas to conduct groundwater quality
monitoring and their appropriate boundaries.
   (2) A list of the constituents to measure and assess water
quality.
   (3) The location, depth, and number of monitoring wells necessary
to detect groundwater contamination at spatial scales ranging from an
individual oil and gas well to a regional groundwater basin
including one or more oil and gas fields.
   (4) The frequency and duration of the monitoring.
   (5) A threshold criteria indicating a transition from well-by-well
monitoring to a regional monitoring program.
   (6) Data collection and reporting protocols.
   (7) Public access to the collected data under paragraph (6).
   (g) Factors to consider in addressing subdivision (f) shall
include, but are not limited to, all of the following:
   (1) The existing quality and existing and potential use of the
groundwater.
   (2) Groundwater that is not a source of drinking water consistent
with the United States Environmental Protection Agency's definition
of an Underground Source of Drinking Water as containing less than
10,000 milligrams per liter total dissolved solids in groundwater (40
C.F.R. 144.3), including exempt aquifers pursuant to Section 146.4
of Title 40 of the Code of Federal Regulations.
   (3) Proximity to human population, public water service wells, and
private groundwater use, if known.
   (4) The presence of existing oil and gas production fields,
including the distribution, physical attributes, and operational
status of oil and gas wells therein.
   (5) Events, including well stimulation treatments and oil and gas
well failures, among others, that have the potential to contaminate
groundwater, appropriate monitoring to evaluate whether groundwater
contamination can be attributable to a particular event, and any
monitoring changes necessary if groundwater contamination is
observed.
   (h) (1) On or before January 1, 2016, the state board or
appropriate regional board shall begin implementation of the regional
groundwater monitoring programs based upon the developed criteria
under subdivision (c).
   (2) In the absence of state implementation of a regional
groundwater monitoring program, a well owner or operator may develop
and implement an area-specific groundwater monitoring program based
upon the developed criteria under subdivision (c), subject to
approval by the state or regional board, if applicable, and that
meets the requirements of this section.
   (i) The model criteria for either a well-by-well basis for a well
subject to well stimulation treatment, or for a regional groundwater
monitoring program, shall be used to satisfy the permitting
requirements for well stimulation treatments on oil and gas wells
pursuant to Section 3160 of the Public Resources Code. The model
criteria used on a well-by-well basis for a well subject to a well
stimulation treatment shall be used where no regional groundwater
monitoring plan approved by the state or regional board, if
applicable, exists and has been implemented by either the state or
regional board or the well owner or operator.
   (j) The model criteria shall accommodate monitoring where surface
access is limited. Monitoring is not required for oil and gas wells
where the wells do not penetrate groundwater of beneficial use, as
determined by a regional water quality control board, or do not
penetrate exempt aquifers pursuant to Section 146.4 of Title 40 of
the Code of Federal Regulations.
   (k) (1) The model criteria and groundwater monitoring programs
shall be reviewed and updated periodically, as needed.
   (2) The use of the United States Environmental Protection Agency's
definition of an Underground Source of Drinking Water as containing
less than 10,000 milligrams per liter total dissolved solids in
groundwater (40 C.F.R. 144.3) and whether exempt aquifers pursuant to
Section 146.4 of Title 40 of the Code of Federal Regulations shall
be subject to groundwater monitoring shall be reviewed by the state
board through a public process on or before January 1, 2020.
   (l) (1) All groundwater quality data collected pursuant to
subparagraph (F) of paragraph (1) of subdivision (d) of Section 3160
of the Public Resources Code shall be submitted to the state board in
an electronic format that is compatible with the state board's
GeoTracker database, following the guidelines detailed in Chapter 30
(commencing with Section 3890) of Division 3 of Title 23 of the
California Code of Regulations.
   (2) A copy of the reported data under paragraph (1) shall be
transferred by the state board to a public, nonprofit
doctoral-degree-granting educational institution located in the San
Joaquin Valley, administered pursuant to Section 9 of Article IX of
the California Constitution, in order to form the basis of a
comprehensive groundwater quality data repository to promote
research, foster interinstitutional collaboration, and seek
understanding of the numerous factors influencing the state's
groundwater.
   (m) The adoption of criteria required pursuant to this section is
exempt from the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing
     with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code). The adoption of criteria pursuant to this section
shall instead be accomplished by means of a public process reasonably
calculated to give those persons interested in their adoption an
opportunity to be heard.
  SEC. 8.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

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