BILL ANALYSIS Ó SB 887 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 887 (Pavley) - As Amended June 30, 2016 ----------------------------------------------------------------- |Policy |Natural Resources |Vote:|7 - 2 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill establishes a framework for reforming the oversight of natural gas storage wells including continuous monitoring and the installation of specified safety technology. The bill also phases out certain wells, and requires the independent development and incorporation of best practices into regulations. Among other things, this bill: 1)Requires the Air Resources Board (ARB) in consultation with any local air district and the Division of Oil, Gas, and Geothermal Resources (DOGGR), to develop a Facility monitoring SB 887 Page 2 program to identify natural gas leaks, as specified. Requires a Facility operator to develop and submit a monitoring plan and data to the ARB. 2)Requires DOGGR to review and update practices for the use of subsurface safety valves in natural gas storage wells to reflect best practices. 3)Requires natural gas storage wells to meet various evaluations and requires DOGGR to adopt a schedule for the completion of the evaluations based on risk. 4)Requires the Office of Environmental Health Hazard Assessment (OEHHA) and the Department of Public Health, in consultation with DOGGR, to perform a science-based risk assessment of natural gas storage wells to determine the appropriate setback distances from specified populations. Requires DOGGR to review the assessment and appropriately revise its regulations. 5)Requires DOGGR to convene an independent review panel to look at risk management and automatic shutoff systems and incorporate best practices into its regulations. 6)Requires DOGGR to post all materials required to comply with this bill on its website. 7)Establishes a minimum of $10,000 per day and maximum of $25,000 per day penalties for unreasonable waste of natural gas. FISCAL EFFECT: SB 887 Page 3 1)Increased first-year costs of approximately $4.68 million and ongoing annual costs of approximately $3.75 million (Oil, Gas and Geothermal Administrative Fund) for DOGGR regulatory activities. 1)Potentially significant costs, in the million dollar range, for OEHHA to conduct the risk assessment (Oil, Gas and Geothermal Administrative Fund). 2)Increased costs of approximately $360,000 (Oil, Gas and Geothermal Administrative Fund) for DPH to contribute to the risk assessment. 2)Minor and absorbable costs to the Air Resources Board (ARB) and the California Public Utilities Commission (PUC). COMMENTS: 1)Purpose. On October 23, 2015, SoCalGas detected a methane gas leak at its Aliso Canyon Gas Storage Facility at Well # SS-25. Following an initial evaluation and several attempts to stop the leak, SoCalGas began drilling a relief well in order to plug the leaking well. The initial attempts to plug the leak failed, and the leak lasted 112 days before being permanently capped on February 18, 2016. A study in the journal Science confirmed that the methane gas SB 887 Page 4 leak was not only the largest in California's history, but also the second largest in the nation. According to the lead author of the study, as much as 60 metric tons of methane spewed from the leak each hour. The leak displaced over 5,000 households, requiring families to move into temporary housing and hotels provided by SoCalGas. Since October 25, 2016, no natural gas has been injected into the facility. According to the author, we are now aware of the all-too-real risks to public health and the environment posed by natural gas facilities and must ensure meaningful changes occur in their operations. This bill will ensure a rapid response to stop a leak and proactive testing and evaluation of wells to prevent a leak from ever starting. 2)Background. Although natural gas storage facilities are subject to the overall utilities jurisdiction of the PUC, natural gas storage wells and associated piping and equipment are under the jurisdiction of DOGGR. Natural gas storage wells represent a small component of the overall Underground Injection Control (UIC) program (approximately 400 wells out of 52,000 statewide), which generally covers permitting, inspection, enforcement, mechanical integrity testing, plugging and abandonment oversight, data management, and public outreach. SB 887 Page 5 DOGGR has acknowledged widespread failures in the implementation of its UIC program, and has released a "Renewal Plan" to guide its commitment to reform. DOGGR has received personnel and funding through recent budgets to improve program implementation, data management, enforcement and other functions. On July 8, 2016, DOGGR publicly released pre-rulemaking draft regulations (Discussion Draft) for the purpose of receiving public input on the development of updates to the regulations governing the gas storage program. The public comment period ends on August 11, 2016. 3)Discussions Continue. The author's office is continuing to discuss how to incorporate DOGGR's existing and proposed regulations and suggestions of various stakeholders into an appropriate statutory framework. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 SB 887 Page 6