SB 395, as introduced, Jackson. Hazardous substances: produced water.
Existing law, part of the hazardous waste control law, requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern and to establish a process by which chemicals of concern may be evaluated. The department is prohibited from duplicating or adopting conflicting regulations for regulated product categories. A violation of the hazardous waste control law is a crime.
This bill would define produced water and require its regulation as a hazardous substance during the extraction of oil and gas, including hydraulic fracturing operations.
Since a violation of these requirements would be a 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:
Article 17 (commencing with Section 25258.3)
2is added to Chapter 6.5 of the Health and Safety Code, to read:
3
For purposes of this article, “produced water” means
7any water brought up from the hydrocarbon bearing formation
8strata during the extraction of oil and gas, including hydraulic
9fracturing operations, and can include formation water, injection
10water, and any chemicals added downhole or during the oil and
11water separation process.
Produced water shall be regulated as, and shall be
13deemed to be, a hazardous waste for purposes of this chapter and
14the regulations adopted pursuant to this chapter.
No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.
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