Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1301

Introduced by Assembly Member Bloom

February 22, 2013

An act to begin delete amend Section 75002 of end delete begin insert add Sections 3017 and 3203.5 to end insert the Public Resources Code, relating to begin delete water resources end delete begin insert oil and gas end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1301, as amended, Bloom. begin delete The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. end delete begin insert Oil and gas: hydraulic fracturing. end insert

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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 supervisor or a district deputy. Under existing law, a person who violates any provision specific to the regulation of oil or gas operations is guilty of a misdemeanor.

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This bill would define “hydraulic fracturing” and would prohibit hydraulic fracturing in oil and gas operations until the Legislature enacts subsequent legislation that determines whether and under what conditions hydraulic fracturing may be conducted while protecting the public health and safety and the natural resources of the state.

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Because this bill would create a new crime, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, approved by the voters as Proposition 84 at the November 7, 2006, statewide general election, finds and declares that protecting the state’s drinking water and water resources is vital to the public health, the state’s economy, and the environment.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 3017 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 3017. end insert   

“Hydraulic fracturing” means a technique used in
preparing a well that typically involves the pressurized injection
of water and chemicals, compounds, and materials into an
underground geologic formation in order to expand existing
fractures or create new fractures in that formation, thereby causing
or enhancing the production of oil or gas from a well. Hydraulic
fracturing shall include the terms “fracking,” “hydrofracking,”
“hydrofracturing,” “unconventional shale drilling,” and other
colloquial terms referencing this drilling technique.

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begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3203.5 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 3203.5. end insert   

(a) Notwithstanding any other law, hydraulic
fracturing operations are prohibited.

(b) This section shall remain in effect until the Legislature enacts
subsequent legislation that determines whether and under what
conditions hydraulic fracturing may be conducted while protecting
the public health and safety and the natural resources of the state.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

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begin delete

SECTION 1.  

Section 75002 of the Public Resources Code is
amended to read:

75002.  

The people of California find and declare that protecting
the drinking water and water resources of the state are vital to the
public health, the economy of the state, and the environment.

end delete