BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 1281 (Pavley) - Oil and gas production: water use reporting.
          
          Amended: April 21, 2014         Policy Vote: NR&W 8-0
          Urgency: No                     Mandate: Yes (see staff comment)
          Hearing Date: May 23, 2014      Consultant: Marie Liu
          
          SUSPENSE FILE.
          
          
          Bill Summary: SB 1281 would state that it is the policy of the  
          state that oil and gas field activities should use recycled  
          water to the extent feasible and that the use and reuse of water  
          unsuitable for drinking or irrigation purposes is encouraged.  
          This bill would also expand requirements for monthly reports  
          from an owner of an oil and gas well to the Division of Oil,  
          Gas, and Geothermal Resources (DOGGR) to include information  
          regarding the use of water on the oil field.

          Fiscal Impact: 
           One-time costs of up to $1.3 and $2.9 million from the Oil,  
            Gas, and Geothermal Administrative Fund (special) over a  
            period of one to two years for the expansion of the oil and  
            gas well information reporting system for additional required  
            information.
           Ongoing costs of $125,000 from the Oil, Gas, and Geothermal  
            Administrative Fund (special) for the management of the  
            expanded data.

          Background: Existing law requires the owner of an oil and gas  
          well to report monthly to DOGGR regarding specified information,  
          including the amount of oil and gas produced from each well in  
          the past month and the disposition of the gas produced (PRC  
          §3227).

          SB 4 (Pavley) Chapter 313, Statutes of 2013 established a  
          regulatory program for oil and gas well stimulation treatments  
          (e.g. hydraulic fracturing, acid well stimulation) which  
          includes, among other things, a study, the development of  
          regulations, a permitting process, and public notification and  
          disclosure. Section 3160 of the Public Resources Code states  
          required content of the regulations, including full disclosure  
          of the composition and disposition of hydraulic fracturing  








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          fluids and acid stimulation treatment fluids. At a minimum, this  
          disclosure includes the source, volume, and specific composition  
          and disposition of all water, including water that is used as a  
          base fluid and water that is recovered from the well following  
          the treatment.

          Proposed Law: This bill would state that it is the state's  
          policy that oil and gas field operations should use, or treat  
          and use, water produced through oil field activities and  
          recycled water, to the extent feasible. The use of water  
          unsuitable for drinking or irrigation is encouraged.

          This bill would also require the following information to be  
          included in the monthly reports that well owners are required to  
          submit to DOGGR: (1) the source of fluid or gas injected into  
          each well, including the source and amount of water used to  
          generate injected fluid or gas; and (2) the treatment of water  
          and the use of treated or recycled water in oil and gas field  
          activities.

          Staff Comments: The information from the monthly reports is  
          currently input into DOGGR's oil and gas well information system  
          called WellStat. WellStat includes information on active wells,  
          production and injection volumes, production and injection days,  
          and well permitting and field inspection data. If WellStat was  
          expanded to include the new water-related information required  
          by this bill, DOGGR anticipates needing one-time costs between  
          $1.3 and 2.9 million for coding, database design, testing, and  
          training. Ongoing costs of $125,000 for one PY would also be  
          necessary to assist in the management of the expanded  
          information system. By having this new data in WellStat, DOGGR  
          will be able to do detailed analysis of the data, such as the  
          relative use of recycled water vs fresh water in a particular  
          oil field or region.

          However, this bill only requires that this information be  
          submitted and is silent on what DOGGR is to do with the data.  
          Under this bill, it would be permissible for DOGGR to create a  
          simple database just for the new water-related information at a  
          significantly lower cost. The utility of such a database would  
          be significantly less than an expansion of WellStat, but could  
          be sufficient for aggregating statewide data.

          This bill is tagged as a state mandate as it modifies a crime or  








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          infraction. However, there are no reimbursable costs.