BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2729


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2729 (Williams, et al.)


          As Amended  August 1, 2016


          Majority vote


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          |ASSEMBLY:  |62-14 |(June 2, 2016) |SENATE: |30-6  |(August 18,      |
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          Original Committee Reference:  NAT. RES.




          SUMMARY:  Increases idle oil and gas well fees and blanket  
          indemnity bonds to provide a disincentive for operators to  
          maintain large numbers of idle wells.  Specifically, this bill:


          1)Defines "idle well" as any well that has had 24 consecutive  
            months of not producing oil, natural gas, or water to be used  
            in production stimulation, enhanced oil recovery, or reservoir  
            pressure management.  Defines "long-term idle well" as any  
            well that has been an idle well for eight or more years.


          2)Allows an operator to file one blanket indemnity bond with the  
            state's Oil and Gas Supervisor (Supervisor) to cover 20 or  
            more wells instead of individual indemnity bonds.  Requires,  
            on January 1, 2018, the bond to be the following amounts:








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             a)   $200,000 for 20 to 50 wells;


             b)   $400,000 for 51 to 500 wells, 


             c)   $2,000,000 for 501 to 10,000 wells; and,


             d)   $3,000,000 for more than 10,000 wells.


          3)Eliminates, on or after January 1, 2018, the option for an  
            operator to file a super blanket bond.


          4)Requires an operator, on January 1, 2018 and after, to do one  
            of the following:


             a)    File with the Supervisor annual fees for the following  
               amounts:


               i)     $150 for each idle well that has been idle for three  
                 years but less than eight years;


               ii)    $300 for each idle well that has been idle for eight  
                 years or longer, but less than 15 years;


               iii)   $750 for each idle well that has been idle for five  
                 years or longer, but less than 20 years; and,


               iv)    $1,500 for each idle well that has been idle for 20  
                 years or longer.










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             b)   File an idle well management plan with the Supervisor  
               for approval that eliminates between 4 and 6% of their  
               long-term idle wells each year.


          5)Requires, on or after January 1, 2018, a well to be properly  
            abandoned before an individual or blanket indemnity bond can  
            be terminated or canceled.


          6)Requires, by June 1, 2018, Division of Oil, Gas, and  
            Geothermal Resources (DOGGR) to review, evaluate, and update  
            its testing regulations pertaining to idle wells.


          The Senate amendments: 


          1)Increases the number of wells an operator must have to be  
            required to file a $3 million blanket indemnity bond from  
            1,500 wells to 10,000 wells.


          2)Increases the number of idle wells an operator must have from  
            1,000 wells to 1,250 wells to be required in their idle well  
            management plan to eliminate 6% of long-term idle wells each  
            year.


          3)Allows operators to file an idle well management plan prior to  
            2018.


          4)Requires the Supervisor to submit to the Legislature a  
            comprehensive report on the status of idle and long-term idle  
            wells each year. 


          EXISTING LAW:  


          1)Defines "idle well" as any well that has not produced oil or  








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            natural gas or had not been used for injection for six  
            consecutive months of continuous operation during the last  
            five or more years.  Defines "long-term idle well" as any well  
            that has not produced oil or natural gas or has not been used  
            for injection for six consecutive months of continuous  
            operation during the last 10 or more years. 


          2)Requires an operator to file an individual indemnity bond with  
            the Supervisor to secure the state against all losses,  
            charges, and expenses for each well drilled, redrilled,  
            deepened, or permanently altered for the following amounts:


             a)   $25,000 for each well that is less than 10,000 feet  
               deep; and,


             b)   $40,000 for each well that is 10,000 or more feet deep. 


          3)Allows an operator to file with the Supervisor one blanket  
            indemnity bond to cover 20 or more wells instead of individual  
            indemnity bonds.  Requires the bond to be the following  
            amounts:


             a)   $200,000 for 20 to 50 wells;


             b)   $400,000 for over 50 wells; and,


             c)   $2,000,000 for over 20 wells and can include idle wells  
               (known as a super blanket bond).


          4)Requires an operator who has not filed a super blanket bond to  
            do one of the following:


             a)    File with the Supervisor annual fees for the following  








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               amounts:


               i)     $100 for each idle well that has been idle for less  
                 than 10 years;


               ii)    $250 for each idle well that has been idle for 10  
                 years or longer, but less than 15 years; and


               iii)   $500 for each idle well that has been idle for 15  
                 years or longer. 


             b)   Provide an escrow account with $5,000 for each idle well  
               and fund that account with $500 each year for each idle  
               well to the Supervisor for plugging and abandoning the  
               operator's idle wells.  File with the Supervisor an  
               indemnity bond for $5,000 for each idle well.


          5)Allows any individual or blanket indemnity bond to be  
            terminated or canceled when the well or wells covered by the  
            bond have been properly completed (made ready for production)  
            or abandoned.


          FISCAL EFFECT: According the Senate Appropriations Committee:   


          1)Fee revenue.  According to the Department of Conservation  
            (Department), the fiscal impact of this bill would depend upon  
            which option operators select (i.e., idle well fees or the  
            Management Plan).  Assuming the current number of 20,000 idle  
            wells, if all operators elect to pay idle well fees, idle well  
            fee revenue could increase (at most $15 million over the first  
            five years).  However, implementation of an idle well  
            Management Plan would yield up to several million dollars in  
            savings for the operator, depending upon the number of idle  
            wells in the operation.  As such, the Department anticipates  
            that most operators will opt to implement a Management Plan,  








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            which will result in significantly less revenue to the  
            Department.  However, because more long-term idle wells will  
            be plugged in a timely manner, this would also dramatically  
            minimize the State's liability to plug wells that could  
            eventually be orphaned.


          2)Staff costs.  In the first year, DOGGR will likely need an  
            additional $1.5 million to implement the requirements in the  
            bill and hire additional staff.  In subsequent years, the  
            Division may need up to $2.5 million depending upon the  
            requirements outlined in the regulations required pursuant to  
            this bill.


          COMMENTS:  California has approximately 20,000 idle oil and gas  
          wells that have been idle for over five years and would be  
          classified as long-term idle wells by this bill.  The number of  
          idle wells statewide continues to increase annually despite  
          fluctuations in oil prices.  While operators have legitimate  
          economic reasons for idling wells in the short term, current  
          fees and bond requirements provide little incentive to reduce  
          inventory of idle wells.  Of the 20,000 idle wells in  
          California, 50% have been idle for more than 10 years; nearly  
          25% have been idle for 25 years or more.  


          Idle wells can pose a risk to the environment and public health.  
           Improperly maintained well casings can rust or crack, allowing  
          contaminants such as uranium, lead, iron, selenium, sulfates,  
          and radon to enter into freshwater formations.  Improperly  
          maintained wells can also leak methane, a potent greenhouse gas.  
           Unlike wells being produced, where operators will likely see  
          changes in production levels if a leak or damage occurs, leaks  
          or damage to idle wells may go unnoticed.  Testing of wells that  
          are not producing or injecting is not required until the well  
          officially becomes idle after five years.  


          The longer a well remains idle, the more likely it is to be  
          deserted by the operator.  Leaving idle wells in this state can  
          threaten the environment and public health, and, if deserted,  








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          present a significant cost for the state to plug and abandon  
          wells and remediate any environmental damage.  Idle wells often  
          become "orphan wells" in cases where the responsible party  
          either cannot be identified or is no longer financially capable  
          of covering the costs of plugging and abandonment.  Orphan wells  
          can deteriorate underground over time.  The state is responsible  
          for plugging and abandoning orphan wells; DOGGR has already  
          plugged and abandoned over a 1,000 orphan wells.


          Analysis Prepared by:                                             
                          Michael Jarred / NAT. RES. / (916) 319-2092  FN:  
          0004199