BILL NUMBER: SB 395	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson

                        FEBRUARY 20, 2013

   An act to add Article 17 (commencing with Section 25258.3) to
Chapter 6.5 of the Health and Safety Code, relating to hazardous
substances.



	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  Article 17 (commencing with Section 25258.3) is added
to Chapter 6.5 of the Health and Safety Code, to read:

      Article 17.  Hydraulic fracturing produced water


   25258.3.  For purposes of this article, "produced water" means any
water brought up from the hydrocarbon bearing formation strata
during the extraction of oil and gas, including hydraulic fracturing
operations, and can include formation water, injection water, and any
chemicals added downhole or during the oil and water separation
process.
   25258.4.  Produced water shall be regulated as, and shall be
deemed to be, a hazardous waste for purposes of this chapter and the
regulations adopted pursuant to this chapter.
  SEC. 2.   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.