Bill Text: CA AB649 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Oil and gas: hydraulic fracturing.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB649 Detail]

Download: California-2013-AB649-Amended.html

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BILL NUMBER: AB 649	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Nazarian

                        FEBRUARY 21, 2013

   An act to  amend Section 2779 of   add
Sections 3017 and 3203.5 to the Public Resources Code, relating
to  mining   oil and gas  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 649, as amended, Nazarian.  Surface mining: reclamation
plans.   Oil and gas: hydraulic fracturing.  
   (1) Under existing law, the Division of Oil, Gas, and Geothermal
Resources in the Department of Conservation regulates the drilling,
operation, maintenance, and abandonment of oil and gas wells in the
state. The State Oil and Gas 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 State Oil and Gas Supervisor or a
district deputy. Violation of these provisions is a misdemeanor.
 
   This bill would define "hydraulic fracturing" in oil and gas
operations and would prohibit hydraulic fracturing, as well as the
use of clean freshwater for purposes of hydraulic fracturing, on any
oil or gas well, if the well is located ____ miles from an aquifer,
until the completion of a report, as specified, and a determination
is made that hydraulic fracturing can be conducted without a risk to
the public health, welfare, environment, or the economy of the state.
The bill would also express the intent of the Legislature to, among
other things, protect the public health and welfare, natural and
environmental resources and economic interest of the state. 

   (2) Existing law establishes the Natural Resources Agency
consisting of various entities, departments, and boards. Existing law
also establishes the California Environmental Protection Agency
consisting of various entities, departments, and boards.  
   This bill would require the Secretary of the Natural Resources
Agency and the Secretary for Environmental Protection to (A) convene
an advisory committee, by July 1, 2014, to develop a report relating
to hydraulic fracturing, as specified; (B) to complete the report on
or before January 1, 2018, and provide a copy to the Governor and the
Legislature on or before that date; and (C) to make a determination,
as specified, not later than January 1, 2019, as to whether and
under what conditions hydraulic fracturing is permitted within the
state.  
   This bill would prohibit hydraulic fracturing, as well as the use
of freshwater for there purposes, as specified, the violation of
which would be a misdemeanor. By creating a new crime, the bill would
impose a state-mandated local program.  
   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 Surface Mining and Reclamation Act of 1975 prohibits a person,
with exceptions, from conducting surface mining operations unless,
among other things, a reclamation plan is submitted to and approved
by the lead agency for the operation. The act requires when one
surface mining operator succeeds to the interest of another in an
incomplete surface mining operation by sale, assignment, transfer,
conveyance, exchange, or other means, the successor is bound by the
approved reclamation plan and the act.  
   This bill would make technical, nonsubstantive changes to that
law. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 2779 of the Public Resources
Code is amended to read:
   2779.  If one operator succeeds to the interest of another in an
incomplete surface mining operation by sale, assignment, transfer,
conveyance, exchange, or other means, the successor shall be bound by
the approved reclamation plan and this chapter. 
   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) It is the intent of the Legislature in enacting this act to
protect the public health and welfare, natural and environmental
resources, and the economic value of private and public property in
the state. 
   (b) The Legislature recognizes that hydraulic fracturing poses
serious threats to California's air, water, climate, environment,
wildlife, and public health.  
   (c) The Legislature further recognizes that hydraulic fracturing
is currently occurring in California without monitoring or
regulation, and almost completely undisclosed to the people of the
state.  
   (d) Although some potential impacts from hydraulic fracturing are
currently under investigation by federal agencies, other states, and
academic and research institutions, no independent and scientific
investigations are being undertaken or have been completed in
California to examine the risks to the state's unique geologic,
geographic, atmospheric, and environmental conditions and resources.
 
   (e) There is scarce independent information, investigation, and
analysis regarding the tools and mechanisms available to assess the
actual and potential risks of hydraulic fracturing and to protect the
public health and welfare, and the environmental resources from
these impacts.  
   (f) The Legislature recognizes the immediate need to protect
against, and prepare for, the emergencies and impacts related to
hydraulic fracturing as well as the related activities that could
range from small localized events to far-reaching disasters with
complex consequences that could require the involvement and
coordination among many agencies. Mechanisms to ensure funding,
coordination, and equipment for response to these impacts are
urgently needed to be identified and adopted. 
   SEC. 2.    Section 3017 is added to the  
Public Resources Code  , to read:  
   3017.  "Hydraulic fracturing" means the injection of fluids or
gases into an underground geologic formation with the intention to
cause or enhance fractures in the formation, in order to cause or
enhance the production of oil or gas from a well. Alternate terms
include, but are not limited to, "fracking," "hydrofracking," and
"hydrofracturing." 
   SEC. 3.    Section 3203.5 is added to the  
Public Resources Code   , to read:  
   3203.5.  Neither hydraulic fracturing nor the use of clean
freshwater for hydraulic fracturing purposes is permitted on any oil
or gas well if the well is located ____ miles from an aquifer, until
all of the following requirements are met:
   (a) (1) By July 1, 2014, the Secretary of the Natural Resources
Agency and the Secretary of the California Environmental Protection
Agency, shall convene an advisory committee to develop a report,
based on the best scientific information available, relating to
hydraulic fracturing. The advisory committee shall include of one
representative from each of the following:
   (A) The California Environmental Protection Agency.
   (B) The Natural Resources Agency.
   (C) The State Department of Public Health.
   (D) An environmental justice organization.
   (E) The agriculture industry.
   (F) The oil and gas industry.
   (G) An academic researcher with experience in hydraulic fracturing
issues.
   (H) A water agency.
   (2) The advisory committee shall address specific issues related
to hydraulic fracturing in the report, which shall include, but is
not limited to, all of the following:
   (A) A description of hydraulic fracturing, and other enhanced oil
and gas recovery techniques.
   (B) All potential health and environmental impacts related to
hydraulic fracturing, including, but not limited to, all of the
following:
   (i) The handling and disposition of produced water or wastewater.
   (ii) Contamination of groundwater or surface water.
   (iii) The supply and sources of water used in hydraulic fracturing
and its impact on the state, regional, and local water supply.
   (iv) The use, handling, and accidental spill of chemicals used in
hydraulic fracturing.
   (v) Impacts on endangered species and their habitat.
   (C) All potential economic impacts of increased hydraulic
fracturing operations and other enhanced oil and gas recovery methods
in the state.
   (D) All potential effects on communities most likely to be
negatively affected by the impacts of hydraulic fracturing.
   (E) A review of the regulations affecting hydraulic fracturing and
an analysis of whether these are adequate to address the issues
identified in this report.
   (F) Recommendations for emergency planning and mechanisms
necessary to ensure adequate and fully funded responses to
emergencies related to hydraulic fracturing operations.
   (G) Recommendations for regulatory and statutory changes needed to
address the issues covered in the report.
   (b) A draft of the final report shall be made available for public
comment for a period of no less than 120 days.
   (c) The final report shall be completed on or before January 1,
2018, and a copy shall be provided to the Governor and the
Legislature by the Secretary of the Natural Resources Agency and the
Secretary of the California Environmental Protection Agency on or
before that date.
   (d) Upon completion of the report, the Secretary of the Natural
Resources Agency and Secretary of the California Environmental
Protection Agency shall make a determination not later than January
1, 2019, as to whether and under what conditions, hydraulic
fracturing is 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, welfare, environment, or the economy of the state.
   (e) This section shall not be interpreted to impair or infringe on
any vested right to conduct hydraulic fracturing operations. 
   SEC. 4.    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.