California 2019-2020 Regular Session Status: Enacted

AB 1328 — Oil and gas: notice of intention to abandon well: study of fugitive emissions from idle, idle-deserted, and abandoned wells.

Last action — Chaptered by Secretary of State - Chapter 772, Statutes of 2019.

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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 22, 2019. Enacted.

Prognosis

Likely to advance 70% · 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.

  • Cleared a recorded vote

    Passed 9 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 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 or operator of a well to file a written notice of intention to commence well abandonment with, and prohibits any abandonment until approval is given by, the State Oil and Gas Supervisor or district deputy. Under existing law, the notice is deemed approved if the supervisor or district deputy fails to respond to the notice in writing within 10 working days from receipt and is deemed canceled if operations have not commenced within one year of receipt. This bill would extend the time period to commence abandonment operations from one year to 24 months before the notice is deemed canceled. Under existing law, any owner or operator of a well, or employee thereof, who refuses to permit the supervisor or the district deputy, or their inspector, to inspect a well, or who willfully hinders or delays the enforcement of provisions relating to the regulation of oil or gas operations, is guilty of a misdemeanor. This bill would require the division, in consultation with the State Air Resources Board, to initiate a study to be conducted by independent experts of fugitive emissions from idle, idle-deserted, and abandoned wells in the state, as provided. The bill would require oil and gas operators with wells selected for purposes of sampling under these provisions to (1) make reasonable efforts to permit access to the wells to the division and the independent experts contracted to undertake the study if adequate notice is provided to the operator to ensure appropriate safety precautions are taken at the well site, and (2) submit to the division a certification stating that no action was taken to reduce emissions from the sampling site within 72 hours of the sampling taking place so as to reduce the value of measurements taken. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would require the department, on or before January 1, 2022, to post all results of testing conducted pursuant to the study on the department's internet website in a machine-readable format. The bill would require the department, on or before January 1, 2021, to produce and post an interim progress report describing the status of the study on the department's internet website. The bill would require the independent experts contracted to undertake the study, on or before July 1, 2022, to complete a written document that includes an executive summary of the findings, a description of the results, the findings, and an estimate of hydrocarbon emissions from the state's idle, idle-deserted, and abandoned wells, and would require, before public release, the written document to be provided for peer review and comments, to the operators whose wells were included in the sample, and to a group of independent experts and nongovernmental organizations selected by the division. The bill would require the division, on or before January 1, 2023, to make the results of the study, as per the required written document, available on its internet website. 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 772, Statutes of 2019.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 6. Page 3513.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 4. Page 2816.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 6. Noes 1.) (August 30).

  11. In committee: Referred to APPR. suspense file.

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

  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 3).

  14. From committee: Do pass and re-refer to Com. on EQ. (Ayes 7. Noes 1.) (June 25). Re-referred to Com. on EQ.

  15. 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.

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

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 24. Page 1890.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 12. Noes 5.) (May 16).

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

  22. In committee: Hearing postponed by committee.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 8). Re-referred to Com. on APPR.

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

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

  26. Referred to Com. on NAT. RES.

  27. Read first time.

  28. From printer. May be heard in committee March 25.

  29. Introduced. To print.

Sponsors

  • Holden · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 13 voted No

Sponsors (1)

  • Holden

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 60 Yea · 6 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 39607
Democratic 19003
Republican 2003
Total 606013
% of votes cast 76%8%0%16%
How each member voted (79)
Member Party Vote
Mayes — Yea
Mathis — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Obernolte — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Salas — Nay
Voepel — Nay
Bigelow — Nay
Melendez — Nay
Diep — Nay
Waldron — Nay
Fong — Not Voting
Rodriguez — Not Voting
Brough — Not Voting
Kiley — Not Voting
Medina — Not Voting
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 33 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 22302
Democratic 10000
Republican 1101
Total 33403
% of votes cast 83%10%0%8%
How each member voted (40)
Member Party Vote
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Chang — Yea
Pan — Yea
Morrell — Nay
Nielsen — Nay
Galgiani — Not Voting
Moorlach — Not Voting
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Do pass

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 0100
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 4001
Republican 0100
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)
Member Party Vote
Allen — Yea
Monning — Yea
Hertzberg — Yea
Hueso — Yea
Borgeas — Not Voting
Caballero, Anna M. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Passed 47 Yea · 24 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 271308
Democratic 20401
Republican 0700
Total 472409
% of votes cast 59%30%0%11%
How each member voted (80)
Member Party Vote
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Eggman — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Salas — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Mathis — Nay
Frazier — Nay
Bigelow — Nay
Cunningham — Nay
Diep — Nay
Voepel — Nay
Obernolte — Nay
Melendez — Nay
Waldron — Nay
Cooper — Not Voting
Rodriguez — Not Voting
Medina — Not Voting
Gray — Not Voting
Daly — Not Voting
Cooley — Not Voting
Maienschein — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Nay
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6100
Unaffiliated 6401
Total 12501
% of votes cast 67%28%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Obernolte — Nay
Brough — Nay
Bigelow — Nay
Diep — Nay
Maienschein — Not Voting
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 2000
Republican 0100
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Friedman — Yea
McCarty — Yea
Eggman — Yea
Chau — Yea
Mathis — Nay
Melendez — Nay
Cristina Garcia — Yea
Mark Stone — Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 1328 do?
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 or operator of a well to file a written notice of intention to commence well abandonment with, and prohibits any abandonment until approval is given by, the State Oil and Gas Supervisor or district deputy. Under existing law, the notice is deemed approved if the supervisor or district deputy fails to respond to the notice in writing within 10 working days from receipt and is deemed canceled if operations have not commenced within one year of receipt. This bill would extend the time period to commence abandonment operations from one year to 24 months before the notice is deemed canceled. Under existing law, any owner or operator of a well, or employee thereof, who refuses to permit the supervisor or the district deputy, or their inspector, to inspect a well, or who willfully hinders or delays the enforcement of provisions relating to the regulation of oil or gas operations, is guilty of a misdemeanor. This bill would require the division, in consultation with the State Air Resources Board, to initiate a study to be conducted by independent experts of fugitive emissions from idle, idle-deserted, and abandoned wells in the state, as provided. The bill would require oil and gas operators with wells selected for purposes of sampling under these provisions to (1) make reasonable efforts to permit access to the wells to the division and the independent experts contracted to undertake the study if adequate notice is provided to the operator to ensure appropriate safety precautions are taken at the well site, and (2) submit to the division a certification stating that no action was taken to reduce emissions from the sampling site within 72 hours of the sampling taking place so as to reduce the value of measurements taken. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would require the department, on or before January 1, 2022, to post all results of testing conducted pursuant to the study on the department's internet website in a machine-readable format. The bill would require the department, on or before January 1, 2021, to produce and post an interim progress report describing the status of the study on the department's internet website. The bill would require the independent experts contracted to undertake the study, on or before July 1, 2022, to complete a written document that includes an executive summary of the findings, a description of the results, the findings, and an estimate of hydrocarbon emissions from the state's idle, idle-deserted, and abandoned wells, and would require, before public release, the written document to be provided for peer review and comments, to the operators whose wells were included in the sample, and to a group of independent experts and nongovernmental organizations selected by the division. The bill would require the division, on or before January 1, 2023, to make the results of the study, as per the required written document, available on its internet website. 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 Holden.
What is the current status of AB 1328?
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Where can I track AB 1328?
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