AB 356 — Oil and gas: groundwater monitoring.
Last action — Died on inactive file.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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) Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production. Existing law authorizes the supervisor to require a well operator to implement a monitoring program, designed to detect releases to the soil and water, for aboveground oil production tanks and facilities. Under existing law, a person who fails to comply with specified requirements relating to the regulation of oil or gas operation is guilty of a misdemeanor. This bill would additionally authorize the supervisor to require a well operator to implement a monitoring program for belowground oil production tanks and facilities, and disposal and injection wells. Because a failure to comply with this requirement would be a crime, this bill would impose a state-mandated local program. (2) The federal Safe Drinking Water Act regulates certain wells as Class II wells. Under existing federal law, the authority to regulate Class II wells in California is delegated to the Division of Oil, Gas, and Geothermal Resources. Under existing regulations, a well operator is required to obtain approval from the supervisor or a district deputy for a subsurface injection or disposal project, including Class II wells, or any change in a project, as provided. This bill would require the division to annually review underground injection or disposal projects approved by the division that use Class II wells. The bill would require the operator of the project, as a part of its application or the annual review process, to submit to the State Water Resources Control Board or appropriate regional water quality control board for its review and concurrence a groundwater monitoring plan containing certain information, including, among other things, a schedule for monitoring and reporting groundwater quality data, as provided. The bill would authorize the state board or appropriate regional water quality control board to periodically require the modification of the plan to reflect changing conditions. The bill would require the data be submitted to the state board in an electronic format compatible with the state board's geotracker database. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. (3) Existing federal law prohibits certain well activities that affect underground sources of drinking water unless those sources are located in an exempted aquifer. Existing federal law authorizes a state delegated with the responsibility of regulating Class II wells to propose that an aquifer or a portion of an aquifer be an exempted aquifer and authorizes the United States Environmental Protection Agency to approve the proposal if the aquifer or a portion of the aquifer meets certain criteria. This bill would require the division, prior to proposing to the United States Environmental Protection Agency an aquifer for exemption, to hold a public hearing on the proposal and to submit the proposal to the state board for review and written concurrence. The bill would authorize the state board to concur with the proposal if certain conditions are met. (4) 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 06/01/15 - Amended Assembly Current pdf June 01, 2015
- Amended 05/05/15 - Amended Assembly pdf May 05, 2015
- Amended 03/17/15 - Amended Assembly pdf March 17, 2015
- Introduced 02/17/15 - Introduced pdf February 17, 2015
- AB356 View text html
Action History
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Died on inactive file.
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Ordered to inactive file at the request of Assembly Member Williams.
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Reconsideration granted. (Page 1972.)
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Motion to reconsider made by Assembly Member Williams.
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Read third time. Refused passage. (Ayes 28. Noes 33. Page 1927.).
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 11. Noes 6.) (May 28).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 27).
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Re-referred to Com. on NAT. RES.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
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Referred to Com. on NAT. RES.
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From printer. May be heard in committee March 20.
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Read first time. To print.
Sponsors
- Nazarian · Cosponsor
- Williams · Primary
- Mark Stone · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 119 not signed on · 8 voted No
Sponsors (1)
- Williams
Co-sponsors (2)
- Nazarian
- Mark Stone
Not signed on (119)
119 members have not signed on to this bill.
Show all 119 →"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 | 26 | 29 | 0 | 15 |
| Democratic | 2 | 0 | 0 | 2 |
| Republican | 0 | 4 | 0 | 2 |
| Total | 28 | 33 | 0 | 19 |
| % of votes cast | 35% | 41% | 0% | 24% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Nay |
| Alejo | — | Not Voting |
| Bloom | — | Yea |
| Brough | — | Nay |
| Brown | — | Nay |
| Kim | — | Nay |
| Levine | — | Yea |
| Low | — | Not Voting |
| Maienschein | — | Nay |
| Mathis | — | Nay |
| Mullin | — | Yea |
| Perea | — | Nay |
| Quirk | — | Nay |
| Steinorth | — | Nay |
| Thurmond | — | Yea |
| Wagner | — | Nay |
| Weber | — | Not Voting |
| Wood | — | Yea |
| Eggman | — | Yea |
| Dodd | — | Yea |
| Burke | — | Yea |
| Campos | — | Yea |
| Chau | — | Yea |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Lopez | — | Yea |
| Atkins | — | Yea |
| Jones-Sawyer | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Dababneh | — | Yea |
| McCarty | — | Yea |
| Nazarian | — | Yea |
| Rendon | — | Yea |
| Santiago | — | Yea |
| Williams | — | Yea |
| Frazier | — | Nay |
| Salas | — | Nay |
| Chang | — | Nay |
| Gray | — | Nay |
| Gonzalez | — | Not Voting |
| Harper | — | Nay |
| Holden | — | Not Voting |
| Chávez | — | Nay |
| Bonilla | — | Not Voting |
| Baker | — | Not Voting |
| Bigelow | — | Nay |
| Cooley | — | Nay |
| Cooper | — | Not Voting |
| Daly | — | Nay |
| Linder | — | Nay |
| Mayes | — | Nay |
| Medina | — | Not Voting |
| Melendez | — | Nay |
| O'Donnell | — | Not Voting |
| Obernolte | — | Nay |
| Olsen | — | Nay |
| Ridley-Thomas | — | Nay |
| Rodriguez | — | Not Voting |
| Ting | — | Yea |
| Waldron | — | Nay |
| Wilk | — | Nay |
| Gordon | — | Yea |
| Hadley | — | Not Voting |
| Beth Gaines | — | Nay |
| Cristina Garcia | — | Not Voting |
| Eduardo Garcia | — | Not Voting |
| Mark Stone | — | Yea |
| Roger Hernández | — | Not Voting |
| Travis Allen | — | Nay |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Gipson, Mike A. | Democratic | Not Voting |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Gallagher, James | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Not Voting |
| Lackey, Tom | Republican | Nay |
| Patterson, Joe | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 9 | 4 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 11 | 6 | 0 | 0 |
| % of votes cast | 65% | 35% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Eggman | — | Yea |
| Gomez | — | Yea |
| Rendon | — | Yea |
| Chang | — | Nay |
| Daly | — | Nay |
| Holden | — | Yea |
| Bigelow | — | Nay |
| Quirk | — | Yea |
| Wagner | — | Nay |
| Weber | — | Yea |
| Wood | — | Yea |
| Gordon | — | Yea |
| Eduardo Garcia | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gallagher, James | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 1 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 6 | 2 | 0 | 1 |
| % of votes cast | 67% | 22% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Harper | — | Nay |
| McCarty | — | Yea |
| Rendon | — | Yea |
| Williams | — | Yea |
| Wood | — | Yea |
| Hadley | — | Not Voting |
| Cristina Garcia | — | Yea |
| Mark Stone | — | Yea |
| Dahle, Megan | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 356 do?
- (1) Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production. Existing law authorizes the supervisor to require a well operator to implement a monitoring program, designed to detect releases to the soil and water, for aboveground oil production tanks and facilities. Under existing law, a person who fails to comply with specified requirements relating to the regulation of oil or gas operation is guilty of a misdemeanor. This bill would additionally authorize the supervisor to require a well operator to implement a monitoring program for belowground oil production tanks and facilities, and disposal and injection wells. Because a failure to comply with this requirement would be a crime, this bill would impose a state-mandated local program. (2) The federal Safe Drinking Water Act regulates certain wells as Class II wells. Under existing federal law, the authority to regulate Class II wells in California is delegated to the Division of Oil, Gas, and Geothermal Resources. Under existing regulations, a well operator is required to obtain approval from the supervisor or a district deputy for a subsurface injection or disposal project, including Class II wells, or any change in a project, as provided. This bill would require the division to annually review underground injection or disposal projects approved by the division that use Class II wells. The bill would require the operator of the project, as a part of its application or the annual review process, to submit to the State Water Resources Control Board or appropriate regional water quality control board for its review and concurrence a groundwater monitoring plan containing certain information, including, among other things, a schedule for monitoring and reporting groundwater quality data, as provided. The bill would authorize the state board or appropriate regional water quality control board to periodically require the modification of the plan to reflect changing conditions. The bill would require the data be submitted to the state board in an electronic format compatible with the state board's geotracker database. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. (3) Existing federal law prohibits certain well activities that affect underground sources of drinking water unless those sources are located in an exempted aquifer. Existing federal law authorizes a state delegated with the responsibility of regulating Class II wells to propose that an aquifer or a portion of an aquifer be an exempted aquifer and authorizes the United States Environmental Protection Agency to approve the proposal if the aquifer or a portion of the aquifer meets certain criteria. This bill would require the division, prior to proposing to the United States Environmental Protection Agency an aquifer for exemption, to hold a public hearing on the proposal and to submit the proposal to the state board for review and written concurrence. The bill would authorize the state board to concur with the proposal if certain conditions are met. (4) 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 356?
- AB 356 is sponsored by Nazarian, Williams, and Mark Stone.
- What is the current status of AB 356?
- This bill died with 2015-2016 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 356?
- Track AB 356 free on One Click Politics — get push/email alerts when it moves.
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