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 SB 1281 (Pavley) Page 1 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 SB 1281 (Pavley) Page 2 infraction. However, there are no reimbursable costs.