BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Wieckowski, Chair
                                2015 - 2016  Regular 
           
          Bill No:            SB 995
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          |Author:    |Pavley                                               |
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          |-----------+-----------------------+-------------+----------------|
          |Version:   |2/10/2016              |Hearing      |4/20/2016       |
          |           |                       |Date:        |                |
          |-----------+-----------------------+-------------+----------------|
          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Rachel Machi Wagoner                                 |
          |           |                                                     |
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          SUBJECT:  Well standards

            ANALYSIS:
          
          Existing law:  
          
          1) Requires the Department of Water Resources (DWR) to  
             investigate and survey conditions of damage to quality of  
             underground waters that are, or may be, caused by improperly  
             constructed, abandoned, or defective wells. 

          2) Requires DWR to report to the appropriate California regional  
             water quality control board its recommendations for minimum  
             standards for well construction in any particular locality in  
             which it deems regulation necessary to protection of quality  
             of underground water.

          This bill requires DWR to update standards for water wells,  
          monitoring wells, and cathodic protection wells.  Specifically  
          requires:

          1) By January 1, 2019, DWR update well standards (Bulletins  
             74-81 and 74-90) based on existing knowledge.

          2) DWR create an advisory panel that will identify gaps in  
             existing knowledge of well construction, maintenance, and  
             destruction.  

          3) DWR conduct research as needed to address the knowledge gaps.  
              At the end of the review process, the advisory panel will  







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             make recommendations for updates in well standards.
           
          4) By January 1, 2022, DWR submit updated well standards to the  
             State Water Resources Control Board for adoption in the model  
             well ordinance.















































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            Background
          
          On average, California's groundwater provides approximately  
          30-46% 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  
          wells" (GHEWs) are built to transfer heat to and from the soil  
          as part of an 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.








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          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 (Morgan,  
          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 (Areias, 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  
          (Cortese, 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. 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:

          1) 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.  
          2) Research in Nebraska looked at the efficacy of several types  
             of grout that are used to seal the gap between the soil and a  








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             well casing.  Many of them did not perform up to  
             expectations, raising questions about current well standards.
          3) 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.
            
          Comments
          
          1) Purpose of Bill.  According to the author, "Water well  
             standards are critical to 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." 

          2) 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.
            
          DOUBLE REFERRAL:  

          This measure was heard in Senate Natural Resources and Water  
          Committee on March 29, 2016, and passed out of committee with a  
          vote of 9-0.








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           SOURCE:                    California Groundwater Association  

           SUPPORT: 
                         
          Clean Water Action of California 
          Community Water Center
          East Bay Municipal Utility District
          Leadership Counsel for Justice and Accountability
          Santa Clara Valley Water District
          Sierra Club of California
           
           OPPOSITION:    

          None received  



           
                                          
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