BILL ANALYSIS �
SB 263
Page 1
Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SB 263 (Pavley) - As Amended: May 31, 2011
SENATE VOTE : 25-14
SUBJECT : Wells: reports: public availability
SUMMARY : Requires the Department of Water Resources (DWR) to
make water well reports available to the public. Specifically,
this bill :
1)Requires DWR to make publicly available the reports that well
drillers must submit to DWR when a well is constructed,
deepened, reperforated, or destroyed.
2)Requires DWR to provide a specified disclaimer when providing
the reports to the public.
3)Prohibits the Department of Public Health (DPH) from
preventing the disclosure of information provided in the
reports.
EXISTING LAW
1)Requires any person who digs, bores, or drills a water well,
cathodic protection well, or a monitoring well, or abandon or
destroys a well, or deepens or reperforates a well, to file a
report of completion to DWR.
2)Prohibits those well completion reports from being made
available to the public, except under certain circumstance.
3)Governs the disclosure of governmental records to the public,
upon request. Generally, under the California Public Records
Act, all public records are open to the public upon request
unless the record requested is exempt from public disclosure.
FISCAL EFFECT : Unknown
COMMENTS :
Background : In 1949, to help prevent groundwater pollution
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caused by improperly constructed water wells, the California
Legislature first required well drillers to file a well
completion report with the State of California for each well
drilled.
Well completion reports, also known as well logs, provide the
records necessary to demonstrate that the well was properly
constructed, modified, and further provides the necessary
construction detail should the well need to be modified at a
later time. Well logs provide a record of the geology,
groundwater table, and conditions at the location where the well
was constructed, modified, or destroyed. In addition, well logs
include, among other things, the location of the well, the type
of soils encountered at each level of drilling, depth of water,
etc.
In 1965, the legislature declared that "the people of the state
have a primary interest in the location, construction,
maintenance, abandonment, and destruction of water wells, which
activities directly affect the quality and purity of underground
waters." In doing so, the legislature expanded the well
drilling laws to authorize DWR to establish regulations
governing the proper construction of water wells; require all
well completion reports be filed with DWR; and restrict access
to those reports to government agencies.
The legislative record does not give any insight as to why the
reports were made confidential, though many believe that this
was done at the request of the well drillers because many well
drillers consider the information in the well completion reports
to be proprietary. Knowing the soils and geology of an area can
provide a competitive advantage to someone who wants to drill
another well a short distance away.
In 2010, a community group who was seeking information about
existing and future groundwater contamination sought to compel
DPH to provide them with well location information after it
invoked the "public interest" exemption in the California Public
Records Act to deny them the date. In evaluating the case, the
court found that the public interest was significant in knowing
exact well location as necessary to "identify sources of
existing and potential future groundwater contamination, analyze
the impact of potentially contaminating land activities on
groundwater and persuading the parties conducting the land
activities to take actions to prevent groundwater
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contamination." In addition, the court also found that "citizens
who know the location of drinking wells can advocate for their
protection from existing sources of contamination or planned
developments in the area." Ultimately however, the court ruled
that even though the public interest in the exact location for
wells is significant, it is clearly outweighed by the public
interest in keeping the locations confidential based on critical
security concerns.
Unlike California, well logs in all other western states are
publicly available. In fact, most western states allow for the
public to obtain these records on the internet.
Arguments in support: According to the Groundwater Resources
Association of California (GRA), "Well completion reports
contain critical information for groundwater managers,
consulting hydrologist, academics, and others interested in
conducting studies on the geologic and hydrologic
characteristics of groundwater basins, earthquake risk
assessments, and other geologic hazards. Unfortunately, those
who would benefit from and need this information for these
critical studies cannot currently have access."
In Addition GRA argues that "well completion reports can also be
used to construct detailed underground aquifer maps. These maps
along with other hydrogeological data are critical to developing
and implementing sustainable groundwater management programs.
For example, such data can be used to determine possible
locations for efficient and effective groundwater banking,
identify key recharge areas, and to protect and improve
groundwater quality."
"For over 50 years, the law has restricted access to well
completion reports to just government agencies, with minor
exceptions related to groundwater contamination studies. Added
that the information obtained from well completion reports
cannot be published in reports and studies, unless individual
well owners sign a release form. No other western state
restricts access to well completion reports as in California;
most western states even provide internet access to these
reports. This bill would bring California's outdated law on
well completion report confidentiality up to current industry
standard in western states, and help meet the need for further
transparency and availability of groundwater information
statewide."
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Arguments in Opposition: The Long Beach Water Department
believes "SB 263 is in conflict with several Federally-mandated
pieces of security legislation which prohibits the release of
information related to critical infrastructure, including water
systems. SB 263 would put our organization in a precarious
position whereby we would be required by Federal law to keep our
sensitive well report information confidential, while at the
same time we would be required to make it available to the
public under State law."
In addition, the California Water Service Company argues that,
"releasing this critical information to the general public would
be uniquely beneficial to individuals and/or groups that seek to
do harm to the State by attacking its public water system. Far
from being an unfounded fear, our position is identical to that
of numerous states, the California Department of Public Health,
EPA, and the Federal Bureau of investigation, all of whom have
enacted policies or recommending against the wholesale public
disclosure of the exact locations of water wells."
Security Concerns: Various opponents raise concerns about how
this bill might be detrimental for to the security of the State.
Shortly after September 11, 2001, the Department of Public
Health water security staff began monitoring a variety of
bulletins, notices, reports and other information from state and
federal law enforcement agencies regarding domestic and foreign
threats to the security of drinking water system infrastructure
and supplies from intentional acts of terrorism involving
explosive and or poison. DPH concluded, that based on this
information, there are actual and credible threats of such
intentional acts against the water supply components of
California Public Water system.
To counter such threats, DPH maintains a policy of withholding
information from the public that would reveal the exact location
of drinking water supply wells owned and operated by California
public water systems; DPH only reveals information about the
location of drinking water supply well which is within a
one-mile radius of a well's exact location.
Committee staff notes that many drinking water wells, not to
mention surface water locations, are already publicly disclosed
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by various means. Well logs are occasionally subpoenaed as part
of a court proceeding. Once the logs are entered into evidence,
the logs are public records. Additionally, the California
Environmental Quality Act (CEQA) requires public disclosure of
the site of a new project, so any document filed pursuant to
CEQA concerning a well project would disclose exact location of
the site. Furthermore, supporters of the bill state that a
simple Internet search can not only result in the exact location
of a well, but also photos of the well.
Additionally, as stated previously, no other western state keeps
well logs confidential. In fact, most of the states have this
information available online. While there might be a legitimate
public health threat involved with water wells, simply
withholding information regarding their exact location is not
protecting the public from the threat.
Committee staff also notes that while much of the opposition is
based on a concern with the security of the state, there is not
a single law enforcement organization in opposition. There is,
however, a very legitimate public benefit to disclosing well
logs.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Water District
American Society of Civil Engineers
Applied Water Resources Corporation
California Aware
California Coastkeeper Alliance
California League of Conservation Voters
Clean Water Action
Community Water Center
Diamond Well Drilling Company
Environmental Justice Coalition for Water
Groundwater Resources Association of California
League of Women Voters of California
Montara Water & Sanitary District
Natural Resources Defense Council
Northern California Water Association
Orange County Water District
Orion Environmental Inc.
Planning and Conservation League
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Self-Help Enterprises
Sonoma County Water Agency
Nature Conservancy
Water Master Support Services
Water Replenish District of Southern California
22 individual, mostly from geologists, hydrogeologists,
engineers, engineering contractors, professors, and
contamination remediation professionals
81 modified form letters, mostly from professional geologists,
hydrologists, and engineers
Opposition
California Groundwater Association
California Water Association (unless amended)
California Water Service Company (unless amended)
Central Basin Water Association (unless amended)
City of Lakewood
Desert Water Agency (unless amended)
Los Angeles Gateway Region
Long Beach Water Department
National Association of Water Companies
Southeast Water Coalition
San Gabriel Valley Water Association
Southeast Water Coalition
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531