California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 1328 — Oil and gas: water quality.

Last action — Chaptered by Secretary of State - Chapter 758, Statutes of 2017.

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

This bill has been enacted into law. Introduced February 17, 2017. Enacted.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Mixed recorded votes

    2 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board (state board) and the California regional water quality control boards (regional boards) are the principal state agencies with primary authority over water quality matters. The act authorizes a regional board to investigate the quality of state waters, and grants to a regional board certain authority in connection with those investigative functions, including the authority, in connection with the discharge or suspected discharge of waste by a person or entity, as specified, to require that the person or entity furnish technical or monitoring program reports to the regional board. The act provides certain protections for trade secrets that are disclosed to the regional board, upon request by the person or entity. The act authorizes the state board to carry out the above provisions if, after consulting with the appropriate regional board, the state board determines that it will not duplicate the efforts of the regional board. The act declares that a person failing or refusing to furnish technical or monitoring program reports, or falsifying any information set forth in those reports, is guilty of a misdemeanor and may be civilly liable in accordance with certain provisions of law. Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the owner of any well to file with the State Oil and Gas Supervisor a monthly statement that provides certain information relating to the well, including the amount of water produced from each well, the disposition of the water produced from an oil or gas field, the amount of fluid injected into a well used for enhanced recovery, and information relating to wastewater disposal. This bill would provide that, in conducting an investigation of the quality of state waters that includes collection of information about discharge of wastewater produced from an oil or gas field, a regional board or the state board may also require the person or entity, or its supplier, as specified, to furnish information to that board relating to all chemicals in the discharged wastewater. The bill would provide for the trade secret protections described above to apply to information disclosed pursuant to this requirement, when requested by a person or entity, or a supplier. The bill would require the information collected pursuant to this requirement to be made available to the public on the Internet Web site of the regional board or the state board. The bill would authorize a regional board or the state board, in collecting the above-described information, to consult with the Division of Oil, Gas, and Geothermal Resources regarding information collected by the division, pursuant to other disclosure requirements, that may be useful to the investigation. Because a violation of a requirement to disclose information to the state board or the appropriate regional board under these provisions would be a crime, the 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

Action History

  1. Chaptered by Secretary of State - Chapter 758, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 16. Page 3213.).

  5. Assembly Rule 77(a) suspended. (Page 3206.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 8. Page 2710.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  12. In committee: Hearing postponed by committee.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5).

  15. Read second time and amended. Re-referred to Com. on EQ.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on EQ. (Ayes 7. Noes 1.) (June 27).

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  18. Referred to Coms. on N.R. & W. and EQ.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 24. Page 2079.)

  21. Reconsideration granted. (Ayes 46. Noes 20. Page 2079.)

  22. Motion to reconsider on the next legislative day made by Assembly Member Limón.

  23. Read third time. Refused passage. (Ayes 37. Noes 26. Page 2005.).

  24. Read second time. Ordered to third reading.

  25. Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)

  26. Read second time and amended. Ordered returned to second reading.

  27. From committee: Amend, and do pass as amended. (Ayes 11. Noes 5.) (May 26).

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

  29. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 24). Re-referred to Com. on APPR.

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

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

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

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

  34. Referred to Com. on NAT. RES.

  35. From printer. May be heard in committee March 21.

  36. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

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

Passed 46 Yea · 20 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 3415010
Democratic 12003
Republican 0501
Total 4620014
% of votes cast 58%25%0%18%
How each member voted (80)
Member Party Vote
Acosta — Not Voting
Bigelow — Nay
Bloom — Yea
Brough — Yea
Harper — Nay
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Eggman — Yea
Cunningham — Not Voting
Dababneh — Yea
Daly — Not Voting
Frazier — Not Voting
Gloria — Yea
Holden — Yea
Mullin — Yea
Chiu — Yea
Chu — Yea
Thurmond — Yea
Rubio — Yea
Bocanegra — Yea
Gray — Yea
Burke — Not Voting
Gonzalez Fletcher — Yea
Friedman — Yea
Gomez — Yea
Salas — Nay
Fong — Nay
Chau — Yea
Kiley — Nay
Levine — Yea
Low — Yea
Mayes — Not Voting
Baker — Nay
Chávez — Nay
Cooley — Not Voting
Cooper — Not Voting
McCarty — Yea
Medina — Yea
Melendez — Nay
O'Donnell — Not Voting
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Not Voting
Santiago — Yea
Steinorth — Nay
Voepel — Nay
Waldron — Yea
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Passed 43 Yea · 24 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 321908
Democratic 11004
Republican 0501
Total 4324013
% of votes cast 54%30%0%16%
How each member voted (80)
Member Party Vote
Acosta — Not Voting
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Maienschein — Nay
Mathis — Nay
Ridley-Thomas — Not Voting
Thurmond — Yea
Waldron — Nay
Wood — Yea
Eggman — Yea
Cooper — Not Voting
Cunningham — Not Voting
Daly — Not Voting
Frazier — Nay
Gloria — Yea
Friedman — Yea
Gomez — Yea
Bocanegra — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Salas — Nay
Fong — Nay
Chau — Yea
Low — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Melendez — Nay
Mullin — Yea
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Nay
Weber — Yea
Rubio — Not Voting
Kiley — Nay
Burke — Not Voting
O'Donnell — Not Voting
Steinorth — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Failed 37 Yea · 26 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 2819012
Democratic 9204
Republican 0501
Total 3726017
% of votes cast 46%33%0%21%
How each member voted (80)
Member Party Vote
Acosta — Not Voting
Bigelow — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Obernolte — Nay
Rendon — Yea
Ting — Yea
Waldron — Nay
Wood — Yea
Eggman — Not Voting
Cooper — Not Voting
Cunningham — Not Voting
Dababneh — Yea
Daly — Not Voting
Friedman — Yea
Gloria — Yea
Burke — Yea
Gomez — Yea
Holden — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Chiu — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Frazier — Not Voting
Salas — Nay
Fong — Nay
Gray — Nay
Rubio — Not Voting
Harper — Nay
Bocanegra — Not Voting
Low — Not Voting
Mayes — Nay
Baker — Nay
Chu — Not Voting
Chávez — Nay
Cooley — Yea
Melendez — Not Voting
O'Donnell — Not Voting
Ridley-Thomas — Nay
Steinorth — Nay
Voepel — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Nay
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 1328 do?
Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board (state board) and the California regional water quality control boards (regional boards) are the principal state agencies with primary authority over water quality matters. The act authorizes a regional board to investigate the quality of state waters, and grants to a regional board certain authority in connection with those investigative functions, including the authority, in connection with the discharge or suspected discharge of waste by a person or entity, as specified, to require that the person or entity furnish technical or monitoring program reports to the regional board. The act provides certain protections for trade secrets that are disclosed to the regional board, upon request by the person or entity. The act authorizes the state board to carry out the above provisions if, after consulting with the appropriate regional board, the state board determines that it will not duplicate the efforts of the regional board. The act declares that a person failing or refusing to furnish technical or monitoring program reports, or falsifying any information set forth in those reports, is guilty of a misdemeanor and may be civilly liable in accordance with certain provisions of law. Under existing law, the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law requires the owner of any well to file with the State Oil and Gas Supervisor a monthly statement that provides certain information relating to the well, including the amount of water produced from each well, the disposition of the water produced from an oil or gas field, the amount of fluid injected into a well used for enhanced recovery, and information relating to wastewater disposal. This bill would provide that, in conducting an investigation of the quality of state waters that includes collection of information about discharge of wastewater produced from an oil or gas field, a regional board or the state board may also require the person or entity, or its supplier, as specified, to furnish information to that board relating to all chemicals in the discharged wastewater. The bill would provide for the trade secret protections described above to apply to information disclosed pursuant to this requirement, when requested by a person or entity, or a supplier. The bill would require the information collected pursuant to this requirement to be made available to the public on the Internet Web site of the regional board or the state board. The bill would authorize a regional board or the state board, in collecting the above-described information, to consult with the Division of Oil, Gas, and Geothermal Resources regarding information collected by the division, pursuant to other disclosure requirements, that may be useful to the investigation. Because a violation of a requirement to disclose information to the state board or the appropriate regional board under these provisions would be a crime, the 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 AB 1328?
AB 1328 is sponsored by Limón, Monique (Democratic).
What is the current status of AB 1328?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1328?
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