California 2013-2014 Regular Session Status: Passed Assembly

AB 7 — Oil and gas: hydraulic fracturing.

Last action — Died on inactive file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources, or the division, in the Department of Conservation, regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. The State Oil and Gas Supervisor supervises the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field regarding safety and environmental damage. Existing law requires an operator of a well, before commencing the work of drilling the well, to file with the supervisor or the district deputy a written notice of intention to commence drilling, and prohibits the commencement of drilling until approval is given by the supervisor or the district deputy. Existing law requires the operator of a well to keep, or cause to be kept, a careful and accurate log, core record, and history of the drilling of the well. Within 60 days after the date of cessation of drilling, rework, or abandonment operations, the owner or operator is required to file with the district deputy certain information, including the history of work performed. This bill would revise that procedure to instead require the operator to file an application before commencing drilling and would prohibit drilling until approval or denial of the application is given by the supervisor or district deputy within 30 working days. The bill would require, on and after January 1, 2014, additional information to be included in the application, including information regarding the chemicals, if any, to be injected into a well. This bill would additionally require the operator prior to drilling, redrilling, or deepening operations to submit proof to the supervisor that the applicable regional water quality control board has approved the disposal method and location of wastewater disposal for the well. This bill would define, among other things, hydraulic fracturing and hydraulic fracturing fluid. The bill would require the owner or operator of a well to provide to the supervisor, or to arrange with the supplier to provide to the supervisor, specific information relating to hydraulic fracturing as a part of the history of the drilling of the well. The bill would, on or before January 1, 2015, require the division, in consultation with the Office of Environmental Health Hazard Assessment and the Department of Toxic Substances Control, to establish a process through which all chemicals used in hydraulic fracturing treatments may be studied or reviewed. The bill would provide that a supplier who provides information to the supervisor relating to hydraulic fracturing may, at the time of submission, submit to the supervisor a claim in writing that some or all of the information is protected trade secret information, as specified. The bill would require a supplier claiming trade secret protection for the chemical composition of additives used in the hydraulic treatment to disclose the composition to the division, in conjunction with a hydraulic fracturing treatment notice, but would, except as specified, prohibit those with access to the trade secret from disclosing it. Because this bill would create a new crime, it would impose a state-mandated local program. This bill would require the supervisor, on or before January 1, 2014, and annually thereafter, to transmit to the Legislature a comprehensive report on hydraulic fracturing in the exploration and production of oil and gas resources in the state, as specified. (2) Existing law requires the supervisor, on or before the first day of October of each year, to make public a report on specified information. This bill would additionally require the supervisor to include information on the origin and total amount of freshwater used in each county for the production of oil and gas production, the disposal of wastewater from oil and gas production in each county, and the well casing failures in each county. This bill would require the operator of a well, at least 30 days prior to commencing a hydraulic fracturing treatment, as defined, to provide a copy of the approved hydraulic fracturing treatment permit to specific surface property owners. The bill would authorize those property owners to request the applicable regional water quality control board to perform water quality sampling and testing on any water well suitable for drinking or irrigation purposes, as specified. The bill would require a notice of intent to drill, rework, or deepen a well where hydraulic fracturing will occur to include specified information. Because a violation of these requirements is a crime, this bill would impose a state-mandated local program. (3) 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

Action History

  1. Died on inactive file.

  2. Ordered to inactive file at the request of Assembly Member Wieckowski.

  3. Reconsideration granted. (Page 3190.)

  4. Motion to reconsider made by Assembly Member Wieckowski.

  5. Read third time. Refused passage. (Ayes 24. Noes 17. Page 2208.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 2.) (June 24).

  8. In committee: Set first hearing. Failed passage. Reconsideration granted.

  9. Re-referred to Com. on NAT. RES.

  10. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  11. Joint Rule 62(a), file notice suspended. (Page 1933.)

  12. Re-referred to Com. on NAT. RES.

  13. Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

  14. Read third time and amended. Ordered to third reading. (Page 1878.)

  15. Assembly Rule 69 suspended. (Page 1878.)

  16. Read second time. Ordered to third reading.

  17. Read second time and amended. Ordered to second reading.

  18. From committee: Do pass as amended. (Ayes 16. Noes 0.) (May 24).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. Re-referred to Com. on APPR.

  21. Read second time and amended.

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 15).

  23. Re-referred to Com. on NAT. RES.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  25. Referred to Com. on NAT. RES.

  26. From printer. May be heard in committee January 3.

  27. Read first time. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Wieckowski

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 7 WIECKOWSKI Assembly Third Reading

Failed 24 Yea · 17 Nay · 38 Other
Party YeaNayPresentNot Voting
Unaffiliated 2112035
Democratic 3103
Republican 0400
Total 2417038
% of votes cast 30%22%0%48%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Not Voting
Bloom — Not Voting
Blumenfield — Not Voting
Bradford — Not Voting
Brown — Not Voting
Buchanan — Not Voting
Harkey — Nay
Levine — Not Voting
Linder — Not Voting
Maienschein — Not Voting
Mansoor — Not Voting
Nazarian — Yea
Perea — Yea
Rendon — Not Voting
Wagner — Nay
Wilk — Not Voting
Gomez — Yea
Stone — Yea
Gray — Yea
Atkins — Yea
Bonilla — Yea
Gordon — Yea
Medina — Yea
Melendez — Yea
Wieckowski — Yea
Yamada — Not Voting
Gatto — Nay
Bocanegra — Yea
John A. Pérez — Yea
Gonzalez — Not Voting
Campos — Yea
Gorell — Not Voting
Hagman — Not Voting
Hall — Not Voting
Lowenthal — Not Voting
Holden — Not Voting
Mitchell — Not Voting
Chau — Not Voting
Chesbro — Yea
Jones-Sawyer — Yea
Logue — Nay
Morrell — Nay
Mullin — Not Voting
Salas — Not Voting
Nestande — Nay
Chávez — Not Voting
Olsen — Nay
Pan — Not Voting
Alejo — Not Voting
Bigelow — Nay
Conway — Not Voting
Cooley — Yea
Dickinson — Not Voting
Donnelly — Nay
Eggman — Not Voting
Quirk — Not Voting
Skinner — Not Voting
Ting — Not Voting
Waldron — Nay
Weber — Not Voting
Williams — Yea
Daly — Yea
Fox — Nay
Frazier — Yea
Beth Gaines — Nay
Roger Hernández — Not Voting
V. Manuel Pérez — Not Voting
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Not Voting
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3002
Republican 0200
Total 5202
% of votes cast 56%22%0%22%
How each member voted (9)
Member Party Vote
Stone — Yea
Chesbro — Yea
Bigelow — Not Voting
Skinner — Not Voting
Williams — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Grove, Shannon Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Failed 3 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 1004
Republican 0002
Democratic 2000
Total 3006
% of votes cast 33%0%0%67%
How each member voted (9)
Member Party Vote
Bigelow — Not Voting
Williams — Not Voting
Chesbro — Not Voting
Stone — Yea
Skinner — Not Voting
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Grove, Shannon Republican Not Voting
Patterson, Joe Republican Not Voting

Official roll call →

Do pass as amended.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Linder — Yea
Wagner — Yea
Campos — Yea
Bocanegra — Yea
Gatto — Yea
Harkey — Yea
Bigelow — Yea
Donnelly — Not Voting
Eggman — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3002
Democratic 2000
Republican 2000
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Bigelow — Yea
Chesbro — Not Voting
Stone — Yea
Skinner — Not Voting
Williams — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Grove, Shannon Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

environment energy
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Frequently asked questions

What does AB 7 do?
(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources, or the division, in the Department of Conservation, regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. The State Oil and Gas Supervisor supervises the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field regarding safety and environmental damage. Existing law requires an operator of a well, before commencing the work of drilling the well, to file with the supervisor or the district deputy a written notice of intention to commence drilling, and prohibits the commencement of drilling until approval is given by the supervisor or the district deputy. Existing law requires the operator of a well to keep, or cause to be kept, a careful and accurate log, core record, and history of the drilling of the well. Within 60 days after the date of cessation of drilling, rework, or abandonment operations, the owner or operator is required to file with the district deputy certain information, including the history of work performed. This bill would revise that procedure to instead require the operator to file an application before commencing drilling and would prohibit drilling until approval or denial of the application is given by the supervisor or district deputy within 30 working days. The bill would require, on and after January 1, 2014, additional information to be included in the application, including information regarding the chemicals, if any, to be injected into a well. This bill would additionally require the operator prior to drilling, redrilling, or deepening operations to submit proof to the supervisor that the applicable regional water quality control board has approved the disposal method and location of wastewater disposal for the well. This bill would define, among other things, hydraulic fracturing and hydraulic fracturing fluid. The bill would require the owner or operator of a well to provide to the supervisor, or to arrange with the supplier to provide to the supervisor, specific information relating to hydraulic fracturing as a part of the history of the drilling of the well. The bill would, on or before January 1, 2015, require the division, in consultation with the Office of Environmental Health Hazard Assessment and the Department of Toxic Substances Control, to establish a process through which all chemicals used in hydraulic fracturing treatments may be studied or reviewed. The bill would provide that a supplier who provides information to the supervisor relating to hydraulic fracturing may, at the time of submission, submit to the supervisor a claim in writing that some or all of the information is protected trade secret information, as specified. The bill would require a supplier claiming trade secret protection for the chemical composition of additives used in the hydraulic treatment to disclose the composition to the division, in conjunction with a hydraulic fracturing treatment notice, but would, except as specified, prohibit those with access to the trade secret from disclosing it. Because this bill would create a new crime, it would impose a state-mandated local program. This bill would require the supervisor, on or before January 1, 2014, and annually thereafter, to transmit to the Legislature a comprehensive report on hydraulic fracturing in the exploration and production of oil and gas resources in the state, as specified. (2) Existing law requires the supervisor, on or before the first day of October of each year, to make public a report on specified information. This bill would additionally require the supervisor to include information on the origin and total amount of freshwater used in each county for the production of oil and gas production, the disposal of wastewater from oil and gas production in each county, and the well casing failures in each county. This bill would require the operator of a well, at least 30 days prior to commencing a hydraulic fracturing treatment, as defined, to provide a copy of the approved hydraulic fracturing treatment permit to specific surface property owners. The bill would authorize those property owners to request the applicable regional water quality control board to perform water quality sampling and testing on any water well suitable for drinking or irrigation purposes, as specified. The bill would require a notice of intent to drill, rework, or deepen a well where hydraulic fracturing will occur to include specified information. Because a violation of these requirements is a crime, this bill would impose a state-mandated local program. (3) 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 AB 7?
AB 7 is sponsored by Wieckowski.
What is the current status of AB 7?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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 AB 7?
Track AB 7 free on One Click Politics — get push/email alerts when it moves.

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