Carbon sequestration: Carbon Capture, Removal, Utilization, and Storage Program: incidental and unintention...
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SB 438 — Carbon sequestration: Carbon Capture, Removal, Utilization, and Storage Program: incidental and unintentional residual oil production.
Last action — June 26 set for first hearing. Testimony taken. Further hearing to be set.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law prohibits a well operator from injecting a concentrated carbon dioxide fluid produced by a carbon dioxide capture, removal, or sequestration project into a Class II well for purposes of enhanced oil recovery, including the facilitation of enhanced oil recovery from another well. This bill would exclude from the definition of enhanced oil recovery for purposes of the above prohibition the incidental and unintentional residual oil produced at the surface from a Class VI well, as defined, resulting from the injection of a concentrated carbon dioxide fluid into the Class VI well during the execution of a carbon dioxide capture, removal, or sequestration project. The bill would prohibit the carbon dioxide capture, removal, or sequestration project from selling, bartering, exchanging, or trading any incidental and unintentional residual oil produced at the surface and would require any oil produced from a Class VI well to be reported to the State Air Resources Board and the United States Environmental Protection Agency, Region 9, within 60 days of its production. Because a violation of this reporting requirement would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill Text
- Amended 06/06/23 - Amended Assembly Current pdf June 06, 2023
- Amended 03/30/23 - Amended Senate pdf March 30, 2023
- Amended 03/20/23 - Amended Senate pdf March 20, 2023
- Introduced 02/13/23 - Introduced pdf February 13, 2023
- SB438 View text html
Action History
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June 26 set for first hearing. Testimony taken. Further hearing to be set.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.
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Referred to Com. on NAT. RES.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 38. Noes 0. Page 1075.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
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Set for hearing May 1.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 794.) (April 19). Re-referred to Com. on APPR.
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Set for hearing April 19.
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Read second time and amended. Re-referred to Com. on E.Q.
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From committee: Do pass as amended and re-refer to Com. on E.Q. (Ayes 9. Noes 0. Page 546.) (March 28).
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.
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Set for hearing March 28.
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Referred to Coms. on N.R. & W. and E.Q.
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From printer. May be acted upon on or after March 16.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Anna M. Caballero · Primary
- Newman · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Caballero, Anna M. Democratic
Co-sponsors (1)
- Newman
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 0 |
| Democratic | 20 | 0 | 0 | 2 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Roth | — | Yea |
| Atkins | — | Yea |
| Portantino | — | Yea |
| Newman | — | Yea |
| Min | — | Yea |
| Wilk | — | Yea |
| Eggman | — | Yea |
| Glazer | — | Yea |
| Dodd | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Blakespear, Catherine S. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Menjivar, Caroline | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Rubio, Susan | Democratic | Not Voting |
| Smallwood-Cuevas, Lola | Democratic | Not Voting |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Alvarado-Gil, Marie | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Seyarto, Kelly | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 4 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Skinner | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Not Voting |
| Limón, Monique | Democratic | Yea |
| Menjivar, Caroline | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 6 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 2 |
| Total | 9 | 0 | 0 | 2 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Eggman | — | Yea |
| Min | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Grove, Shannon | Republican | Yea |
| Seyarto, Kelly | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 438 do?
- Existing law prohibits a well operator from injecting a concentrated carbon dioxide fluid produced by a carbon dioxide capture, removal, or sequestration project into a Class II well for purposes of enhanced oil recovery, including the facilitation of enhanced oil recovery from another well. This bill would exclude from the definition of enhanced oil recovery for purposes of the above prohibition the incidental and unintentional residual oil produced at the surface from a Class VI well, as defined, resulting from the injection of a concentrated carbon dioxide fluid into the Class VI well during the execution of a carbon dioxide capture, removal, or sequestration project. The bill would prohibit the carbon dioxide capture, removal, or sequestration project from selling, bartering, exchanging, or trading any incidental and unintentional residual oil produced at the surface and would require any oil produced from a Class VI well to be reported to the State Air Resources Board and the United States Environmental Protection Agency, Region 9, within 60 days of its production. Because a violation of this reporting requirement would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
- Who sponsors SB 438?
- SB 438 is sponsored by Caballero, Anna M. (Democratic) and Newman.
- What is the current status of SB 438?
- This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 438?
- Track SB 438 free on One Click Politics — get push/email alerts when it moves.
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