BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1281| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1281 Author: Pavley (D) Amended: 4/21/14 Vote: 21 SENATE NATURAL RESOURCES AND WATER COMMITTEE : 8-0, 4/29/14 AYES: Pavley, Cannella, Evans, Hueso, Jackson, Lara, Monning, Wolk NO VOTE RECORDED: Fuller SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/23/14 AYES: De León, Gaines, Hill, Lara, Padilla, Steinberg NO VOTE RECORDED: Walters SUBJECT : Oil and gas production: water use reporting SOURCE : Author DIGEST : This bill declares 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 expands 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. ANALYSIS : Existing law: CONTINUED SB 1281 Page 2 1.Regulates, under the DOGGR in the Department of Conservation, the drilling, operation, maintenance, stimulation, and abandonment of oil and gas wells in the state. 2.Requires the owner of any well to file with the DOGGR Supervisor a monthly statement that provides certain information relating to the well, including what disposition was made of the water produced from each field. 3.Provides that a person who fails to comply with specific laws relating to the regulation of oil or gas operations, including failing to furnish a report or record, is guilty of a misdemeanor. This bill: 1.Declares 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. 2.Requires the following information to be included in the monthly reports that well owners are required to submit to the DOGGR: A. 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 B. The treatment of water and the use of treated or recycled water in oil and gas field activities. C. The specific disposition of all water used or generated by oil and gas activities. Background 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 CONTINUED SB 1281 Page 3 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 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: 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. SUPPORT : (Verified 5/20/14) Citizens for Responsible Oil and Gas Clean Water Action Earthworks Environmental Working Group Los Padres Forest Watch Mount Shasta Bioregional Ecology Center Natural Resources Defense Council South Monterey County Citizen Planning Alliance Southern Monterey County Rural Coalition ARGUMENTS IN SUPPORT : According to the author, "California is suffering from one of the worst droughts since it became a state. Last year, 2014, was the driest year in terms of rainfall since 1850. Water scarcity is not unusual here, and is a matter of considerable public concern. "The amount of water used in oil and gas field exploration, development and production is also of continuing and significant CONTINUED SB 1281 Page 4 public concern. Much of California's oil and gas production is located in arid parts of the Central Valley and where existing groundwater - particularly good quality groundwater - may be depleted or under threat of depletion. "Earlier this year, I asked the Senate Office of Research (SOR) to find out how much water is used in oil and gas activities in California. While some information is routinely provided to regulators, SOR could only provide very rough estimates. The current reporting requirements are inadequate. The data reported don't add up. "SB 1281 is designed to address the public's concerns in two ways. First, it establishes state policy to promote the use and treatment and use of produced water and recycled water for oil and gas field operations. Second, it enhances existing water reporting requirements. Implementation of SB 1281 will provide public transparency and adequate recordkeeping on water use in the oil and gas industry." RM:e 5/23/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED