UPDATED: California Lawmakers Approve Fracking Bill
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SACRAMENTO, Calif. (AP) — Oil and gas drillers that use a technique known as fracking would face new rules in California under legislation sent to the governor’s desk Wednesday.
The measure includes a requirement that drillers disclose the chemicals they use in the process of hydraulic fracturing. The process involves injecting water, sand and chemicals into deep rock formations to release oil or natural gas.
Senators approved SB4 on a 28-8 vote. They acted hours after the Assembly voted 47-17 to approve the plan amid concerns from conservation groups over last-minute changes affecting environmental reviews.
“The public simply needs to know what it is exposed to,” Sen. Fran Pavley, D-Agoura Hills, said in arguing for her bill.
No one spoke against the bill, and several Republicans supported it.
“It could be a very significant job-creator in the state of California,” said Sen. Anthony Cannella, R-Ceres.
Evan Westrup, a spokesman for Gov. Jerry Brown, said the governor intends to sign the measure.
Environmentalists across the nation have raised concerns about fracking, questioning whether the chemicals used could harm public health, or air and water quality. Industry officials say the technique has been in use for decades, proving it to be safe.
Drilling companies are exploring whether fracking could help them access oil in California’s Monterey Shale.
Under the bill, state officials would have to complete a study by January 2015 evaluating risks from fracking and other well-stimulation techniques, such as using acid to break apart oil-rich rocks. The bill also would require drillers to seek permits and notify nearby landowners before starting work.
The legislation also calls for a state website to publicly list the chemicals used in fracking. Nearby landowners would have a chance to have their water wells tested before and after fracking occurs.
“Without this bill, fracking will continue to go on without oversight,” Assemblyman Adam Gray, D-Merced, said during debate. “It’s a good bill. It’s good for Californians.”
Assemblywoman Shannon Grove, R-Bakersfield, said the Legislature should wait for pending regulations from the California Department of Conservation’s Division of Oil, Gas, and Geothermal Resources. All California oil wells currently are subject to the same regulations, with no specific rules for those using hydraulic fracturing.
“It’s like you want the Sierra Club to approve anything that goes forward. We need jobs for growth in this state,” she said.
Though the department aims to approve its regulations next year, environmental advocates and some Democratic lawmakers say state regulators have done too little to keep up with the industry.
SB4 was the only fracking regulation bill to pass the Assembly this year. A half-dozen measures proposing fracking rules died in the chamber in the spring.
Assemblyman Richard Bloom, D-Santa Monica, who authored one of failed bills that would have temporarily halted the practice in California, said Wednesday that he still supports a moratorium, but SB4 is “the next-best alternative.”
“I don’t believe for a moment that this bill will preclude my ability or anyone else’s ability to try to move something stronger forward,” Bloom said.
After the vote, environmental groups blasted the legislation as weak and condemned changes that they say would exempt drillers from complying with the California Environmental Quality Act. Pavley’s staff disputes that view and says environmental reviews would still occur.
“At a time when the legislative process failed to protect our environment and our safety, we are calling on Gov. Brown to halt all fracking in California,” said Dan Jacobson, legislative director for Environment California.
Sen. Hannah-Beth Jackson, D-Santa Barbara, criticized fracking as “a potential enormous tragedy” and said she longed for a moratorium or outright ban.
Yet she also supported Pavley’s bill because it would help produce scientific data that can be used to document environmental damage.
Brown spokesman Westrup said after the vote that the administration worked with the Legislature “to craft a bill that comprehensively addresses potential impacts from fracking, including water and air quality, seismic activity and other potential risks.”
“SB 4 is an important step forward and the governor looks forward to signing it once it reaches his desk,” Westrup said in a statement.
State lawmakers also approved a bill this week that would increase the bonding amounts that oil and gas drillers must post in case a well is abandoned or an operator is unable to pay for environmental damage. Under SB665 from Sen. Lois Wolk, D-Davis, those bonding requirement would increase for the first time since 1998.
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