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