California 2021-2022 Regular Session Status: In Committee

AB 2447 — Oil and gas wastewater: unlined ponds: prohibition.

Last action — Ordered to inactive file at the request of Assembly Member Quirk.

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

This bill died with 2021-2022 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes the Geologic Energy Management Division in the Department of Conservation under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of oil and gas wells. Existing law requires the owner of any well to file with the supervisor a monthly statement that provides certain information relating to the well, including the source, volume, treatment, and disposition of water produced in oil and gas activities. Under existing law, a person who fails to comply with this and other requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with authority over matters relating to water quality, including prescribing waste discharge requirements for the discharge of waste that could affect the quality of the waters of the state. Under the act, persons discharging waste are required to file with the appropriate regional board a report of the discharge and the discharge is subject to waste discharge requirements prescribed by that regional board. Under the act, each regional board is required to formulate and adopt water quality control plans for all areas within its region, as specified. Beginning January 1, 2023, and until January 1, 2025, this bill would prohibit the disposal of produced wastewater, as defined, into unlined ponds and the construction of new unlined ponds, except as conducted pursuant to a permit or other authorization lawfully issued before that date, and would also prohibit the issuance or renewal of a permit or other authorization for those activities. Beginning January 1, 2025, the bill would prohibit all disposal of produced wastewater into unlined ponds and the construction of new unlined ponds. The bill would exclude from these prohibitions the discharge of produced wastewater into unlined ponds under specified conditions. The bill would require, as needed, the State Water Resources Control Board and regional water quality control boards, on or before January 1, 2025, to adopt amendments to their rules and regulations consistent with the prohibitions beginning January 1, 2023. To the extent regional water quality control boards would be required to provide a higher level of service in the amending of rules and regulations, the bill would impose a state-mandated local program. Because violation of the prohibition on disposing of produced wastewater into unlined ponds or constructing new unlined ponds, except pursuant to a permit issued before January 1, 2023, or as otherwise exempted, would create a new 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Ordered to inactive file at the request of Assembly Member Quirk.

  2. Read second time. Ordered to third reading.

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

  4. From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 19).

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

  6. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 18). Re-referred to Com. on APPR.

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

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

  9. In committee: Hearing postponed by committee.

  10. Referred to Com. on NAT. RES.

  11. From printer. May be heard in committee March 20.

  12. Read first time. To print.

Sponsors

  • Quirk · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Quirk

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

Do pass as amended.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 7000
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6100
Democratic 2000
Republican 0200
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Wood — Yea
Friedman — Yea
McCarty — Yea
Mathis — Nay
Cristina Garcia — Yea
Luz Rivas — Yea
Mark Stone — Yea
Boerner, Tasha Democratic Yea
Muratsuchi, Al Democratic Yea
Flora, Heath Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 2447 do?
Existing law establishes the Geologic Energy Management Division in the Department of Conservation under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of oil and gas wells. Existing law requires the owner of any well to file with the supervisor a monthly statement that provides certain information relating to the well, including the source, volume, treatment, and disposition of water produced in oil and gas activities. Under existing law, a person who fails to comply with this and other requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with authority over matters relating to water quality, including prescribing waste discharge requirements for the discharge of waste that could affect the quality of the waters of the state. Under the act, persons discharging waste are required to file with the appropriate regional board a report of the discharge and the discharge is subject to waste discharge requirements prescribed by that regional board. Under the act, each regional board is required to formulate and adopt water quality control plans for all areas within its region, as specified. Beginning January 1, 2023, and until January 1, 2025, this bill would prohibit the disposal of produced wastewater, as defined, into unlined ponds and the construction of new unlined ponds, except as conducted pursuant to a permit or other authorization lawfully issued before that date, and would also prohibit the issuance or renewal of a permit or other authorization for those activities. Beginning January 1, 2025, the bill would prohibit all disposal of produced wastewater into unlined ponds and the construction of new unlined ponds. The bill would exclude from these prohibitions the discharge of produced wastewater into unlined ponds under specified conditions. The bill would require, as needed, the State Water Resources Control Board and regional water quality control boards, on or before January 1, 2025, to adopt amendments to their rules and regulations consistent with the prohibitions beginning January 1, 2023. To the extent regional water quality control boards would be required to provide a higher level of service in the amending of rules and regulations, the bill would impose a state-mandated local program. Because violation of the prohibition on disposing of produced wastewater into unlined ponds or constructing new unlined ponds, except pursuant to a permit issued before January 1, 2023, or as otherwise exempted, would create a new 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 2447?
AB 2447 is sponsored by Quirk.
What is the current status of AB 2447?
This bill died with 2021-2022 Regular Session. It reached “In Committee” 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 2447?
Track AB 2447 free on One Click Politics — get push/email alerts when it moves.

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