Bill Text: CA AB649 | 2013-2014 | Regular Session | Amended
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
BILL NUMBER: AB 649 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Nazarian
( Coauthor: Assembly Member
Stone )
FEBRUARY 21, 2013
An act to add Sections 3017 and 3203.5 to the Public Resources
Code, relating to oil and gas.
LEGISLATIVE COUNSEL'S DIGEST
AB 649, as amended, Nazarian. 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 , referred to as the
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
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
within 4,000 feet from a home, public building, school, surface
waters, underground source of drinking water, or any
other sensitive human or environmental resource in the state
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 in certain
wells , as well as the use of freshwater for there
hydraulic fracturing purposes , as
specified, in those wells, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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, within 4,000 feet from a home, public
building, school, surface waters, underground source of drinking
water as defined under the regulations in Part 144 (commencing with
Section 144.3) of Title 40 of the Code of Federal Regulations, or any
other sensitive human or environmental resource in the state,
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.
(H) Scientific and technical justification for appropriate
setbacks of hydraulic fracturing operations from sensitive human and
environmental resources in the state.
(3) The advisory committee shall develop the report in the context
of current and foreseeable hydraulic fracturing operations in the
state, such as potential operations in the Monterey shale and
northern California gas reservoirs.
(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 in any new or existing well
shall be permitted anywhere 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.
(e) This section shall not be interpreted to preclude a local
government from establishing additional protective setbacks related
to 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.
