BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 995 Hearing Date: March 29,
2016
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|Author: |Pavley | | |
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|Version: |February 10, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Matthew Dumlao |
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Subject: Well standards
BACKGROUND AND EXISTING LAW
On average, California's groundwater provides approximately
30-46 percent of the State's total water supply and serves as a
critical buffer against drought. During dry years, groundwater
may be used to meet nearly all of a community's water needs.
Some communities do not have access to surface water sources and
depend completely on groundwater sources to meet their needs.
Water wells are constructed by drilling through soil and/or rock
layers and into an underground aquifer. Wells contain an outer
casing (e.g., a steel or PVC pipe) that maintains the well
opening. At the bottom of the well and inside the casing is a
pump that extracts water from the surrounding aquifer and pushes
it to the surface. The top of a well is sealed to prevent
contaminants from entering into the well casing or space outside
the casing. In some cases, a well may penetrate one aquifer in
order to reach a deeper aquifer.
There are four categories of water wells that are used in
California. The most common category is simply called "water
wells" or sometimes "production wells." These wells are built to
extract water for human consumption, irrigation, or other
purposes. Wells built to collect water samples and monitor
groundwater levels are called "monitoring wells." "Cathodic
protection wells" are built to protect metallic objects buried
in the ground from corrosion. Finally, "geothermal heat exchange
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wells" (GHEWs) are built to transfer heat to and from the soil
as part of a HVAC system.
In the past, the Department of Water Resources (DWR) has been
responsible for developing standards for the construction,
maintenance, and destruction of all types of water wells. These
standards are necessary in order to protect groundwater from
contamination. If improperly built, maintained or destroyed,
water wells can act as a conduit for contaminants.
California's well standards were first developed in 1968 and
published as Bulletin 74. At the time they included only water
wells; monitoring wells were included in that category.
Standards for cathodic protection wells were published in 1973
as Bulletin 74-1. Bulletin 74 was revised in 1981 as Bulletin
74-81.
Bulletin 74-81 was subsequently revised during the 1980s,
resulting in a supplement called Bulletin 74-90. Cathodic
protection well standards were incorporated in Bulletin 74-90,
replacing Bulletin 74-1. Monitoring wells are presented
separately from water wells, pursuant to SB 1817 (Chapter 1373,
Statutes of 1986) which amended the Water Code to explicitly
list monitoring wells as a separate category of wells. When
combined, Bulletin 74-81 and 74-90 represent the current minimum
well standards for California.
Bulletin 74-81 was updated through a procedure established by AB
3127 (Chapter 1152, Statutes of 1986). AB 3127 (see Water Code
§13801) established a deadline for the State Water Resources
Control Board (Water Board) to adopt a model well ordinance and
a later deadline for counties, cities, and water agencies to
adopt the Water Board's model well ordinance. The Water Board
contracted with DWR to review and update Bulletin 74-81.
In 1996, the Legislature passed and the Governor signed AB 2334
(Chapter 581, Statutes of 1996), which requires DWR to develop
and submit to the Water Board a report containing recommended
standards for GHEWs. DWR issued a Draft of standards for GHEWs
in 1999, with the ultimate goal of creating one bulletin
(Bulletin 74-99) to cover all four types of wells (water wells,
monitoring wells, cathodic protection wells and geothermal heat
exchange wells). However, due to delays, Bulletin 74-99 was
never formalized and the GHEW standards remain as a Draft.
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Recently, DWR has been working through a review of the Draft
1999 GHEW standards and is nearly finished. Because the GHEWs
standards are almost finalized, this bill does not include
GHEWs.
Since Bulletin 74-90 was published in 1990, new advances in
drilling materials and techniques have emerged. Here are a few
examples of new developments in well drilling that have prompted
the demand for updated well standards:
Greater recognition that the protocols for sealing
abandoned wells were inadequate. Newer techniques utilize
high tech explosives and other materials to permanently
seal a well.
A group in Nebraska studied the efficacy of several
types of grout that are used to seal the gap between the
soil and a well casing. Many of them did not perform up to
expectations, raising questions about current well
standards.
Greater understanding of the sensitivity of well casing
materials (e.g., PVC) to temperature fluctuations, which
has implications for the efficacy of well casing seals.
PROPOSED LAW
This bill would require DWR to update standards for water wells,
monitoring wells, and cathodic protection wells; geothermal heat
exchange wells are not included (as described above).
Specifically, the bill would update the standards through the
following process:
By January 1, 2019, DWR will update well standards
(Bulletins 74-81 and 74-90) based on existing knowledge.
At the same time, DWR will create an advisory panel that
will identify gaps in existing knowledge of well
construction, maintenance, and destruction. DWR will
conduct research as needed to address the knowledge gaps.
At the end of the review process, the advisory panel will
make recommendations for updates in well standards.
By January 1, 2022, DWR will submit updated well
standards to the Water Board for adoption in the model well
ordinance.
ARGUMENTS IN SUPPORT
According to the author, "Water well standards are critical to
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preventing contamination of good quality groundwater. Current
water well standards were developed in the 1980s and last
updated in 1990. Since then, advances in drilling techniques and
new well materials have emerged making the current standards
critically out of date. Furthermore, all water well standards -
especially those developed nearly 40 years ago - need to be
evaluated to make sure they are still accurate."
Furthermore, the author stated, "Updating well standards is
essential given the ongoing implementation of the Sustainable
Groundwater Management Act (SGMA). DWR recognizes the current
standards are insufficient: In the draft Strategic Plan for SGMA
implementation, DWR called for an update to well standards
(Action 2.5). Moreover, the state's reliance on groundwater
during the drought further underscores the urgency of this
issue."
Supporters have noted that "it is not acceptable that these
[water well] standards, which have the capacity to cause serious
impacts upon groundwater basins throughout the state, to go
un-updated for over 20 years."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Geothermal heat exchange well (GHEW) standards are not included
in this bill. DWR, in collaboration with the Water Board, is
nearly finished with a review of the Draft 1999 GHEW standards.
According to the author, this bill does not include GHEWs in
order to avoid forcing DWR to start the review process over.
Drought and implementation of the Sustainable Groundwater
Management Act: This bill comes at a critical moment. The
ongoing drought has put incredible pressure on groundwater
sources throughout the state. Well drilling has accelerated.
Furthermore, the state is in the process of implementing the
Sustainable Groundwater Management Act, which will empower local
agencies to adopt groundwater management plans tailored to the
resources and needs of their communities.
Why were these timelines chosen? According to the author, the
timelines were chosen to provide a reasonable amount of time to
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carry out each step proposed in the bill. The January 1, 2019
deadline to update the standards based on current knowledge was
chosen to allow enough time for public input and to carry out
the rest of the administrative process for adopting new
regulations. The January 1, 2022 deadline was chosen to
accommodate all the steps described in the bill (i.e., form an
advisory panel, conduct research to fill knowledge gaps, update
standards).
Out-of-date standards create confusion across the state. Several
comments were raised by the well drilling community that the
absence of up-to-date well standards from the state has led
local county health departments and other entities to issue
their own well standards and directives. This has created
confusion within the well drilling industry and makes it more
difficult to know what the well standards are. Some in the well
drilling industry have had to prove to multiple local health
departments that certain materials and techniques that are not
covered by Bulletin 74-81 or 74-90 are safe.
Double-Referral. The Rules Committee referred this bill to both
the Committee on Natural Resources and Water and to the
Committee on Environmental Quality. Therefore, if this bill
passes this committee, it will be referred to the Committee on
Environmental Quality, which will consider the issues within
their jurisdiction.
SUGGESTED AMENDMENTS
None.
SUPPORT
California Groundwater Association (sponsor)
Clean Water Action of California
Community Water Center
Leadership Counsel for Justice and Accountability
Santa Clara Valley Water District
Sierra Club of California
OPPOSITION
None received.
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