BILL NUMBER: AB 288 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 9, 2014
AMENDED IN ASSEMBLY MAY 28, 2013
AMENDED IN ASSEMBLY APRIL 8, 2013
INTRODUCED BY Assembly Member Levine
FEBRUARY 11, 2013
An act to amend Section 3106 of
add Section 30315.5 to the Public Resources
Code, relating to oil and gas. coastal
resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 288, as amended, Levine. Oil and gas: hydraulic
fracturing. California Coastal Commission: meeting
notices.
The existing California Coastal Act of 1976 establishes the
California Coastal Commission and prescribes the membership and
functions and duties of the commission. The act requires the
commission, among other things, to take various actions with regard
to the issuance of permits for development in the coastal zone, as
defined, and to conduct public meetings and hearings pertaining to
matters before the commission. Existing law requires the commission
to provide a notice, including a specific agenda, prior to any
meeting or hearing of the commission, as specified.
This bill would require the commission to make the notice of any
public meeting or hearing of the commission available in both English
and Spanish, and would authorize the commission also to make the
notice available in any other language.
(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 is required to supervise 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 so as to prevent, as far as possible, damage to, among other
things, underground and surface waters suitable for irrigation or
domestic purposes by the infiltration of, or the addition of,
detrimental substances.
With regard to the manner in which well activities are to be
supervised to prevent damage to underground and surface waters by the
infiltration of, or the addition of, detrimental substances, the
bill would delete the limitation to waters suitable for irrigation or
domestic purposes.
(2) Under existing law, the supervisor is required to supervise
the drilling, operation, maintenance, and abandonment of wells so as
to permit the owners or operators of these wells to utilize all
methods and practices known to the oil industry for the purpose of
increasing the recovery of underground hydrocarbons. Existing law
provides that the grant in an oil and gas lease or contract to a
lessee or operator of the right or power to explore for and remove
all hydrocarbons from any lands in the state, absent a contrary
provision, is deemed to allow the lessee or contractor, or the lessee'
s or contractor's successors or assigns, to do what a prudent
operator using reasonable diligence would do, having in mind the best
interests of the lessor, lessee, and the state in producing and
removing hydrocarbons, including, but not limited to, the injection
of air, gas, water, or other fluids into the productive strata, the
application of pressure heat or other means for the reduction of
viscosity of the hydrocarbons, the supplying of additional motive
force, or the creating of enlarged or new channels for the
underground movement of hydrocarbons into production wells, when
these methods or processes employed have been approved by the
supervisor. Existing law provides that there is no legal duty upon
the lessee or contractor, or the lessee's or contractor's successors
or assigns, to conduct these operations.
This bill would instead require the supervisor to supervise the
drilling, operation, maintenance, and abandonment of wells so as to
permit the owners or operators of the wells to utilize all safe
methods and practices, as specified, and would authorize the
supervisor to allow these owners and operators to utilize all methods
and practices to increase the ultimate recovery of underground
hydrocarbons if the supervisor makes certain determinations.
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 30315.5 is added to the Public
Resources Code, to read:
30315.5. Notwithstanding any other law, the commission shall make
the notice of any public meeting or hearing of the commission
available in both English and Spanish, and may also make the notice
available in any other language.
SECTION 1. Section 3106 of the Public Resources
Code is amended to read:
3106. (a) The supervisor shall so supervise the drilling,
operation, maintenance, and abandonment of wells and the operation,
maintenance, and removal or abandonment of tanks and facilities
attendant to oil and gas production, including pipelines not subject
to regulation pursuant to Chapter 5.5 (commencing with Section 51010)
of Part 1 of Division 1 of Title 5 of the Government Code that are
within an oil and gas field. This shall be done in a manner so as to
prevent, as far as possible, damage to life, health, property, and
natural resources; damage to underground oil and gas deposits from
infiltrating water and other causes; loss of oil, gas, or reservoir
energy; and damage to underground and surface waters by the
infiltration of, or the addition of, detrimental substances.
(b) The supervisor shall also supervise the drilling, operation,
maintenance, and abandonment of wells so as to permit the owners or
operators of the wells to utilize all safe methods and practices. The
supervisor may allow owners or operators of the wells to utilize all
methods and practices to increase the ultimate recovery of
underground hydrocarbons if the supervisor determines that those
methods and practices are consistent with this division and used in a
safe manner.
(c) The supervisor may require an operator to implement a
monitoring program, designed to detect releases to the soil and
water, including both groundwater and surface water, for aboveground
oil production tanks and facilities.