SB 4

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On Friday, September 20, 2013, just days after indicating his support for the bill, Governor Jerry Brown signed SB 4, which establishes a permitting system for the fracking of new oil and gas wells. The Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) is now officially tasked with developing the permitting program…

Just hours after the California Assembly voted to pass the remaining bill on hydraulic fracturing, SB 4, the California Senate voted to concur with the Assembly amendments. The next stop for the bill is the Governor’s desk. Governor Brown’s administration had previously indicated concern regarding the broad scope of the bill, which was amended in the Assembly to include other well stimulation activities including acid treatment. If the Governor vetos the bill, it can be overriden by a two-thirds vote in both houses, which is a strong possibility given the breakdown of the votes cast to pass the bill.
Continue Reading California Legislature Passes Fracking Bill

Today the California Assembly passed the controversial bill regulating hydraulic fracturing, SB 4. The bill has been criticized by both industry groups and environmental organizations. Industry has argued that the bill is overbroad for including other types of well stimulation techniques, including acid well treatments, and creating a permitting scheme that subjects each decision to stimulate a new well to the California Environmental Quality Act. On the other end of the spectrum, the Center for Biological Diversity claims that only a moratorium on fracking would adequately protect the public and the environment.
Continue Reading California Assembly Passes Fracking Bill

At the end of last week, the Assembly Committee on Appropriations advanced the remaining bill regarding hydraulic fracturing, SB 4, to the Assembly Floor. After delaying the first scheduled vote on the bill, Appropriations advanced the bill without amendment. Since advancing to the floor, SB 4 has been amended to require the development of a reporting website and groundwater modeling criteria.
Continue Reading Assembly Committee Advances Fracking Bill to the Floor

The Assembly Committee on Appropriations failed to reach a decision at yesterday’s hearing on SB 4 – the lone surviving bill relating to hydraulic fracturing in the California Legislature. Appropriations delayed a vote on the newly amended SB 4 for another two weeks after hearing extensive testimony on the bill. At the hearing, representatives on both sides of the issue rejected the bill. Industry representatives argued that the bill is too broad for regulating acid injection in addition to fracking. Meanwhile, environmental groups asserted that the bill is too lenient on fracking fluid disclosure requirements.
Continue Reading Still No Agreement on Remaining Fracking Bill

At a conference in Los Angeles at the end of July, the chair of the State Water Resources Control Board (SWRCB), Felicia Marcus, noted that the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (DOGGR) is delaying the release of its draft regulations of hydraulic fracturing until after the state’s legislative session. Marcus indicated that DOGGR is waiting to see whether the legislature will pass the remaining bill to regulate fracking, Senator Pavley’s SB 4.
Continue Reading DOGGR Delays Release of Draft Fracking Rules Pending Possible Instruction from Lawmakers

The one remaining bill before the California Legislature this session that would regulate hydraulic fracturing was amended in the Assembly this week. However, the amendment did not simply remove the fracking moratorium, as promised (see June 13, 2013, post), but it also included a provision that would regulate acid well stimulation treatment. The bill, SB 4, defines “acid well stimulation treatment” as treatment that involves the application of acids to a well to stimulate production.
Continue Reading Surviving Fracking Bill Amended to Include Acid Well Stimulation

On Wednesday, the Assembly Committee on Natural Resources rejected one of the remaining two bills this session that would have regulated hydraulic fracturing activities. The rejected bill, AB 7, was amended on the floor at the end of May and sent back to the Natural Resources Committee. As amended, AB 7 would have required approval of proposed fracking activities, notice to property owners, regional water quality board approval of the proposed wastewater disposal, and disclosures relating to fracking fluids.
Continue Reading Only One Fracking Bill Survives in the California Legislature

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