Bill Text: CA SB1423 | 2021-2022 | Regular Session | Introduced
Bill Title: Coastal resources: California Coastal Act of 1976: industrial developments: oil and gas facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-19 - May 19 hearing: Held in committee and under submission. [SB1423 Detail]
Download: California-2021-SB1423-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1423
| Introduced by Senator Stern |
February 18, 2022 |
An act to amend 30001.2, 30260, 30262, and 30263 of the Public Resources Code, relating to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1423, as introduced, Stern.
Coastal resources: California Coastal Act of 1976: industrial developments: oil and gas facilities.
The California Coastal Act of 1976 regulates development along the state’s coast and requires that oil and gas development be permitted in certain circumstances. The act requires that coastal-dependent industrial facilities be encouraged to locate or expand within existing sites, and, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of the act, they may nevertheless be permitted if (1) alternative locations are infeasible or more environmentally damaging, (2) to do otherwise would adversely affect the public welfare, and (3) adverse environmental effects are mitigated to the maximum extent feasible.
This bill would, in addition to the requirements listed above, allow permitting of new or expanded coastal-dependent industrial facilities only if the
facility is not an oil and gas facility.
The act requires that oil and gas development be permitted in accordance with the above-described requirements for coastal-dependent industrial facilities, if specified conditions relating to safety and environmental mitigation are met, as prescribed.
This bill would prohibit new or expanded oil and gas development from being considered a coastal-dependent industrial use and would only permit those developments if they are found to be consistent with all applicable provisions of the act. The bill would instead require the repair and maintenance of existing oil and gas facilities to be permitted in accordance with the above-described requirements, if specified conditions are met.
The act requires the permitting of new or expanded refineries or petrochemical facilities not otherwise consistent with the act if, among other
conditions, it is found that not permitting the development would adversely affect the public welfare.
This bill would remove authorization to permit new or expanded refineries or petrochemical facilities that are not consistent with the act. The bill would prohibit new or expanded refineries or petrochemical facilities from being considered a coastal-dependent industrial use and would only authorize the permitting of those facilities if they are found to be consistent with all applicable provisions of the act.
The act makes certain findings and declarations related to these provisions.
This bill would amend the findings and declarations to replace oil and gas developments and facilities with renewable energy facilities relating to the necessity to locate such developments in the coastal zone.
To the extent the bill
would create additional duties for local governments, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 30001.2 of the Public Resources Code is amended to read:30001.2.
The Legislature further finds and declares that, notwithstanding the factSEC. 2.
Section 30260 of the Public Resources Code is amended to read:30260.
(a) Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division.(b) Notwithstanding subdivision (a), where
new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they may nonetheless be permitted in accordance with this section and Sections 30261 and 30262 if (1) alternative all of the following conditions are met:
(1) Alternative locations are infeasible or more environmentally damaging; (2) to damaging.
(2) To do otherwise would adversely affect the public welfare; and (3) adverse welfare.
(3) Adverse environmental effects are mitigated to the maximum extent feasible.
(4) The new or expanded coastal-dependent industrial facility is not an oil and gas
facility.
SEC. 3.
Section 30262 of the Public Resources Code is amended to read:30262.
(a)(1) The development is performed safely and consistent with the geologic conditions of the well site.
(2) New or expanded facilities Activities related to that development are consolidated, to the maximum extent feasible and legally permissible, unless consolidation will have adverse environmental consequences and will not significantly reduce the number of producing wells, support facilities, or sites required to produce the reservoir economically and with minimal environmental impacts.
(3)Environmentally safe and feasible subsea completions are used if drilling platforms or islands would substantially degrade coastal visual qualities, unless the use of those structures will result in substantially less environmental risks.
(4)Platforms or islands will not be sited where a substantial hazard to vessel traffic might result from the facility or related operations, as determined in consultation with the United States Coast Guard and the Army Corps of Engineers.
(5)
(3) The development will not cause or contribute to subsidence hazards unless it is determined that adequate measures will be undertaken to prevent damage from that subsidence.
(6)
(4) With respect to new facilities, all All oilfield brines are reinjected into oil-producing zones unless the Geologic Energy Management
Division of the Department of Conservation determines to do so would adversely affect production of the reservoirs and unless injection into other subsurface zones will reduce environmental risks. Exceptions to reinjections will be granted consistent with the Ocean Waters Discharge Plan of the State Water Resources Control Board and where adequate provision is made for the elimination of petroleum odors and water quality problems.
(7)
(5) (A)All oil produced offshore California shall be transported onshore by pipeline only. The pipelines used to transport this oil shall utilize the best achievable technology to ensure maximum protection of public
health and safety and of the integrity and productivity of terrestrial and marine ecosystems.
(B) Once oil produced offshore California is onshore, it shall be transported to processing and refining facilities by pipeline.
(C) The following guidelines shall be used when applying subparagraphs (A) and (B):
(i) “Best achievable technology,” means the technology that provides the greatest degree of protection taking into consideration both of the following:
(I) Processes that are being developed, or could feasibly be developed, anywhere in the world, given overall reasonable expenditures on research and development.
(II) Processes that are currently in use anywhere in the world. This clause
is not intended to create any conflicting or duplicative regulation of pipelines, including those governing the transportation of oil produced from onshore reserves.
(ii) “Oil” refers to crude oil before it is refined into products, including gasoline, bunker fuel, lubricants, and asphalt. Crude oil that is upgraded in quality through residue reduction or other means shall be transported as provided in subparagraphs (A) and (B).
(iii) Subparagraphs (A) and (B) shall apply only to new or expanded oil extraction operations. “New extraction operations” means production of offshore oil from leases that did not exist or had never produced oil, as of January 1, 2003, or from platforms, drilling island, subsea completions, or onshore drilling sites, that did not exist as of January 1, 2003. “Expanded oil extraction” means an increase in the geographic extent of existing leases or units,
including lease boundary adjustments, or an increase in the number of well heads, on or after January 1, 2003.
(iv) For new or expanded oil extraction operations subject to clause (iii), if the crude oil is so highly viscous that pipelining is determined to be an infeasible mode of transportation, or where there is no feasible access to a pipeline, shipment of crude oil may be permitted over land by other modes of transportation, including trains or trucks, which meet all applicable rules and regulations, excluding any waterborne mode of transport.
(8)
(6) If a state of emergency is declared by the Governor for
an emergency that disrupts the transportation of oil by pipeline, oil may be transported by a waterborne vessel, if authorized by permit, in the same manner as required by emergency permits that are issued pursuant to Section 30624.
(9)
(7) In addition to all other measures that will maximize the protection of marine habitat and environmental quality, when an offshore well is abandoned, the best achievable technology shall be used.
(b) Where appropriate, monitoring programs to record land surface and near-shore ocean floor movements shall be initiated in locations of new large-scale fluid extraction on land or
near shore before operations begin and shall continue until surface conditions have stabilized. Costs of monitoring and mitigation programs shall be borne by liquid and gas extraction operators.
(c) Nothing in this section shall affect the activities of any state agency that is responsible for regulating the extraction, production, or transport of oil and gas.
SEC. 4.
Section 30263 of the Public Resources Code is amended to read:30263.
(a) New or expanded refineries or petrochemical facilities(b) New or expanded refineries or petrochemical facilities shall minimize the need for once-through cooling by using air cooling to the maximum extent feasible and by using treated waste waters from inplant processes where feasible.
