BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: SB 995 ----------------------------------------------------------------- |Author: |Pavley | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |2/10/2016 |Hearing |4/20/2016 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Rachel Machi Wagoner | | | | ----------------------------------------------------------------- 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 SB 995 (Pavley) Page 2 of ? 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. SB 995 (Pavley) Page 3 of ? 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. SB 995 (Pavley) Page 4 of ? 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 SB 995 (Pavley) Page 5 of ? 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. SB 995 (Pavley) Page 6 of ? 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 -- END --