Pavley Notification/Hydraulic Fracturing Bill MOves Foward
Pavley Notification/Hydraulic Fracturing Bill Moves Forward
Monday Morning Report, April 16, 2012
SB 1054 by Senator Fran Pavley (D - Agoura Hills) moved through the Senate Natural Resources and Water Committee last week. The bill greatly expands the amount of notification a mineral rights owner needs to give before entering the surface, requires pre-notification of hydraulic fracturing operations, and lengthens the well review time for the Division of Oil, Gas and Geothermal Resources (DOGGR) from 10 to 15 days.
The bill passed on a party line vote, which was expected since Senator Pavley is the chair of the committee. Both CIPA and WSPA provided testimony in opposition of the bill.
This legislation would require the owner or operator to provide notice to, among others certain surface property owners and occupants no less than 20 calendar days prior to the planned drilling operations and would require the notice to include information about the well and the planned operations.
The bill would require a well owner or operator to notify, among others, the supervisor or district deputy before commencing hydraulic fracturing operations. This provision is interesting in light of industry and environmental group negotiations on AB 591 (Wieckowski-D) to create a bill that allows disclosure after the fact.
Thirty calendar days prior to the commencement of hydraulic fracturing operations on a well, the well owner or operator shall notify all of the following:
The DOGGR supervisor or district deputy.
Every surface property owner, authorized agent, and every surface property occupant whose property line or place of residence is within a radius of 300 horizontal feet.
Every surface property owner, authorized agent, and every surface property occupant whose property line or place of residence is above any underground waters suitable for irrigation or domestic purposes that the well pierces.
Every water supplier who uses any underground waters suitable for irrigation or domestic purposes that the well pierces.
Every municipal government with jurisdiction.
SB 1054 would extend the response time by the supervisor from 10 working days to 15 working days. CIPA made it clear in the hearing that we support DOGGR having the resources needed to review well applications effectively and in a timely manner. Therefore, there is no need for SB 1054.
The bill goes to the Senate Committee on Environmental Quality next.