California Legislature—2015–16 Regular Session

Assembly BillNo. 1882


Introduced by Assembly Member Williams

(Coauthor: Assembly Member Mark Stone)

February 11, 2016


An act to amend Section 3130 of, and to add Section 3133 to, the Public Resources Code, relating to oil and gas.

LEGISLATIVE COUNSEL’S DIGEST

AB 1882, as introduced, Williams. Oil and gas: groundwater monitoring.

Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production. Existing law authorizes the supervisor to require a well operator to implement a monitoring program, designed to detect releases to the soil and water, for aboveground oil production tanks and facilities.

The federal Safe Drinking Water Act regulates certain wells as Class II wells. Under existing federal law, the authority to regulate Class II wells in California is delegated to the Division of Oil, Gas, and Geothermal Resources. Under existing regulations, a well operator is required to obtain approval from the supervisor or a district deputy for a subsurface injection or disposal project, including Class II wells, or any change in a project, as provided.

This bill would require the division to provide an opportunity and the information necessary for the State Water Resources Control Board and the appropriate regional water quality control board to review, comment on, and propose additional requirements for Class II underground injection well projects. The bill would require the state board or the appropriate regional water quality control board to review, comment on, and propose additional requirements it deems necessary for those projects to ensure that the injection of fluids will not affect the quality of water that is, or may reasonably be, used for any beneficial use. The bill would prohibit the division from approving those projects without written concurrence from the state board or the appropriate regional water quality control board and would require the written concurrence to describe the rationale for the concurrence and explanation as to why additional requirements were or were not required for those projects.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 3130 of the Public Resources Code is
2amended to read:

3

3130.  

For purposes of this article, the following terms mean
4the following:

5(a) “Beneficial use” has the same meaning as set forth in
6subdivision (f) of Section 13050 of the Water Code.

7(b) “Class II well” has the same meaning as set forth in Section
8144.6 of Title 40 of the Code of Federal Regulations.

9(c) “Exempted aquifer” has the same meaning as set forth in
10Section 144.3 of Title 40 of the Code of Federal Regulations.

begin insert

11(d) “Project” means an underground injection or disposal
12project that uses a Class II well.

end insert
begin insert

13(e) “Regional board” means a California regional water quality
14board.

end insert
begin delete

15(d)

end delete

16begin insert(f)end insert “State board” means the State Water Resources Control
17Board.

begin delete

18(e)

end delete

19begin insert(g)end insert “Underground Injection Control Program” means a program
20covering Class II wells for which the division has received primacy
21from the United States Environmental Protection Agency pursuant
22to Section 1425 of the federal Safe Drinking Water Act (42 U.S.C.
23Sec. 300h-4).

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SEC. 2.  

Section 3133 is added to the Public Resources Code,
2to read:

3

3133.  

(a) The division shall provide an opportunity and the
4information necessary for the state board and the appropriate
5regional board to review, comment on, and propose additional
6 requirements, including groundwater monitoring, for a new project
7or a project under review as of January 1, 2017.

8(b) The state board or the appropriate regional board shall
9review, comment on, and propose additional requirements it deems
10necessary, including groundwater monitoring, for a new project
11or a project under review to ensure that the injection of fluids will
12not affect the quality of water that is, or may reasonably be, used
13for any beneficial use.

14(c) The division shall not approve a new project, approve any
15modification or revision to an existing project, or finalize a
16comprehensive review of an existing project without written
17concurrence from the state board or the appropriate regional board
18that the injection of fluids will not affect the quality of water that
19is, or may reasonably be, used for any beneficial use.

20(d) If written concurrence is provided by the state board or the
21appropriate regional board, the written concurrence shall describe
22the rationale for concurrence and an explanation of why conditions,
23such as groundwater monitoring, were or were not required for
24the project at issue.



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