Bill Text: CA SB454 | 2015-2016 | Regular Session | Amended

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Bill Title: Water quality: oil and gas: exempted aquifer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Died on file pursuant to Joint Rule 56. [SB454 Detail]

Download: California-2015-SB454-Amended.html

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BILL NUMBER: SB 454	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  APRIL 21, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Allen

                        FEBRUARY 25, 2015

   An act to add Section 3113 to the Public Resources Code, relating
to water quality.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 454, as amended, Allen. Water quality: oil and gas: 
exempt   exempted aquifer.
   Existing federal law prohibits certain oil and gas well activities
that affect underground sources of drinking water unless those
sources are located in an  exempt   exempted
 aquifer. Existing federal law authorizes a state delegated with
the responsibility of regulating certain wells to propose that an
aquifer or a portion of an aquifer be an  exempt 
 exempted  aquifer and authorizes the United States
Environmental Protection Agency to approve the proposal if the
aquifer or a portion of the aquifer meets certain criteria. Under
existing federal law, the authority to regulate those wells in
California is delegated to the Division of Oil, Gas, and Geothermal
Resources in the Department of Conservation.
   This bill would prohibit the division from submitting a proposal
for an aquifer exemption to the United States Environmental
Protection Agency unless the division and the State Water Resources
Control Board concur in writing that the aquifer meets specified
conditions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 3113 is added to the Public Resources Code, to
read:
   3113.  The division shall not submit a proposal for an aquifer
exemption to the United States Environmental Protection Agency under
the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.) and
regulations implementing that act unless the division and the State
Water Resources Control Board concur in writing that the aquifer
meets either of the following conditions:
   (a) The division determines that the aquifer is hydrocarbon
bearing, as described in Section 146.4(b)(1) of Title 40 of the Code
of Federal Regulations, and both of the following additional
determinations are made:
   (1) The division and the State Water Resources Control Board
determine that the intended injection zone is  geologically
and  hydrogeologically isolated from any other zone
containing waters that may have a beneficial use.
   (2) The State Water Resources Control Board determines either that
the intended injection zone does not contain waters with potential
beneficial uses or that the intended injection zone contains waters
with potential beneficial uses and the fluids to be injected into the
zone will not impact those beneficial uses.
   (b) The division and the State Water Resources Control Board
concur that the aquifer is nonhydrocarbon bearing and the aquifer
meets all of the following conditions:
   (1) The aquifer meets the criteria in Section 146.4(a) to (c),
inclusive, of Title 40 of the Code of Federal Regulations.
   (2) The total dissolved solids content of the water in the aquifer
is greater than 3,000 milligrams per liter.
   (3) The intended injection zone is  geologically and
 hydrogeologically isolated from any other zone containing
waters that may have a beneficial use.
   (4) The State Water Resources Control Board determines in writing
to the division and posts on the board's Internet Web site in a
public and readily accessible location that the injection of fluids
into the aquifer would not contaminate a source of water that
currently has, or could in the future have, a beneficial use.
   (5) If the aquifer contains water that is currently or potentially
limited in its beneficial use due to existing contamination, the
State Water Resources Control Board determines that the injection of
fluids into the aquifer would not impair the limited current or
potential beneficial use of the waters.