Existing law requires the Department of Water Resources to investigate and survey conditions of damage to quality of underground waters that are, or may be, caused by improperly constructed, abandoned, or defective wells. Existing law requires the department to report to the appropriate California regional water quality control board its recommendations for minimum standards for well construction in any particular locality in which it deems regulation necessary to protection of quality of underground water.

This bill, on or before January 1, 2019, would require the department to update well standards for water wells, monitoring wells, and cathodic protection wells based on existing knowledge and to submit these standards to the State Water Resources Control Board.

Existing law requires the state board to adopt a model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance implementing prescribed standards of the department.

This bill would require the state board to revise the model ordinance upon the receipt of the standards from the department.

Existing law requires the Department of Water Resources to investigate and survey conditions of damage to quality of underground waters that are, or may be, caused by improperly constructed, abandoned, or defective wells. Existing law requires the department to report to the appropriate California regional water quality control board its recommendations for minimum standards for well construction in any particular locality in which it deems regulation necessary to protection of quality of underground water.

This bill, on or before January 1, 2019, would require the department to update well standards for certain types of water wells, monitoring wells, and cathodic protection wells based on existing knowledge. This bill would require the department to establish an advisory panel to identify critical gaps in existing knowledge about the best practices for well construction, alteration, maintenance, and destruction for these wells. This bill would, on or before January 1, 2022, require the advisory panel to make recommendations for improvements in well regulations and the department to submit the recommendations knowledge and to submit these standards to the State Water Resources Control Board.

Existing law requires the State Water Resources Control Board state board to adopt a model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance implementing prescribed standards of the department.

This bill would require the state board to revise the model ordinance upon the receipt of the recommendations for improvements in well regulations standards from the department.

Existing law requires the Department of Water Resources to investigate and survey conditions of damage to quality of underground waters that are, or may be, caused by improperly constructed, abandoned, or defective wells. Existing law requires the department to report to the appropriate California regional water quality control board its recommendations for minimum standards for well construction in any particular locality in which it deems regulation necessary to protection of quality of underground water.

This bill, on or before January 1, 2019, would require the department to update well standards for certain types of wells based on existing knowledge. This bill would require the department to establish an advisory panel to identify critical gaps in existing knowledge about the best practices for well construction, alteration, maintenance, and destruction for these wells. This bill would, on or before January 1, 2022, require the advisory panel to make recommendations for improvements in well regulations and the department to submit the recommendations to the State Water Resources Control Board.

Existing law requires the State Water Resources Control Board to adopt a model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance implementing prescribed standards of the department.

This bill would require the state board to revise the model ordinance upon the receipt of the recommendations for improvements in well regulations from the department.

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 995

Author:(Pavley) – As Amendedug Ver: August 1, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Water Resources (DWR), based on existing knowledge, to update the well standards contained in Bulletins 74-81 and 74-90 for water wells, monitoring wells, and cathodic protection wells by January 1, 2019. Additionally, this bill:

1. Requires DWR to submit these standards to the State Water Resources Control Board (SWRCB).
2. Requires SWRCB, upon receiving the updated well standards from DWR, to revise the model ordinance which includes water well, monitoring well, and cathodic protection well drilling and abandonment standards.

FISCAL EFFECT:

1. According to DWR, an update of the well standards based on existing knowledge will cost approximately $1.7 million (General Fund). However, DWR notes there are significant information gaps that must be filled to develop the best possible standards, regardless of statutory requirements. As such, DWR estimates the cost of an appropriate update to be approximately $6.6 million over a five-year period.
2. SWRCB costs to update the model ordinance are absorbable.

COMMENTS:

1. Purpose. DWR originally published standards for wells in 1968 and the most recent update was published in 1991. According to the author, the current standards are woefully out of date and do not cover the wide range of new materials and techniques developed by the well drilling industry. This bill requires the well standards to be updated.
2. Background. DWR has the responsibility for developing standards for wells for the protection of water quality. California has four categories of water wells: a) "water wells" (sometimes called production wells) are built to extract water for human consumption, irrigation, or other purposes; b) "monitoring wells" are built to collect water samples and monitor groundwater levels; c) "cathodic protection wells" are built to protect metallic objects buried in the ground from corrosion; and d) "geothermal heat exchange wells" (GHEWs) are built to transfer heat to and from the soil as part of heating, ventilation and cooling systems (HVAC).

DWR is currently in the final stages of updating GHEWs standards, so all but GHEWs are included in this bill.

1. DWR Bulletins. Statewide standards for water wells were first formally published in 1968 as DWR Bulletin 74, Water Well Standards: State of California. Standards for cathodic protection wells followed in 1973 as Bulletin 74-1, Cathodic Protection Well Standards: State of California. A revised edition of Bulletin 74 was published in 1981 as Bulletin 74-81, Water Well Standards: State of California. In 1991. Bulletin 74-90 was published as a supplement to Bulletin 74-81. Bulletin 74-90 was developed to respond to DWR's responsibilities under the Water Code and to keep pace with technical advances during the ten-year period following the publishing of Bulletin 74-81.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: June 28, 2016

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Luis Alejo, Chair

SBPCA Bill Id:SB 995

Author:(Pavley) – As Amended Ver:May 31, 2016

PROPOSED CONSENT

SENATE VOTE: 39-0

SUBJECT: Well standards

SUMMARY: Requires the Department of Water Resources (DWR), on or before January 1, 2019, to update the well standards for water wells, monitoring wells, and cathodic protection wells. Specifically, this bill:

1. Requires, on or before January 1, 2019, DWR to update, based on existing knowledge, the well standards contained in Bulletin 74-81 and Bulletin 74-90 for water wells, monitoring wells, and cathodic protection wells. Requires DWR to submit these standards to the California State Water Resources Control Board (State Water Board).
2. Requires the State Water Board, upon receiving the updated well standards from DWR, to revise the model water well, cathodic protection well, and monitoring well drilling and abandonment ordinances.

EXISTING LAW:

1. Requires DWR to investigate possible damage to the quality of underground waters, which is or may be caused by improperly constructed, abandoned, or defective wells or the introduction of surface water into underground water. Requires DWR to report to the California Regional Water Quality Control Board its recommendations for minimum standards of well construction in any particular locality in which it deems regulation necessary to protect the quality of underground water. (Water Code (WC) § 231)
2. Requires the State Water Board to, not later than September 1, 1989, adopt a model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance implementing the standards for water well construction, maintenance, and abandonment contained in Bulletin 74-81 published by the DWR. (WC § 13801)

FISCAL EFFECT: According to the Senate Appropriations Committee, enactment of this bill could result in a one-time cost of approximately $1.7 million (General Fund) to update the well standards as required in this bill.

COMMENTS:

Need for the bill: According to the author, “This bill requires the DWR to update the standards covering water wells, cathodic protection wells, and monitoring wells by January 1, 2019. These standards are found in Bulletins 74-81 and 74-90. Taken together, the two bulletins represent the state’s minimum standards for the three water well categories listed above.

Our current standards are woefully out of date. They do not cover the wide range of new materials and techniques developed by the well drilling industry. This bill will require our standards to be updated.”

History of well standards: DWR has responsibility for developing standards for wells for the protection of water quality under California Water Code Section 231, which was enacted in 1949.

Statewide standards for water wells were first formally published in 1968 as DWR Bulletin 74, Water Well Standards: State of California. Standards for cathodic protection wells followed in 1973 as Bulletin 74-1, Cathodic Protection Well Standards: State of California. A revised edition of Bulletin 74 was published in 1981 as Bulletin 74-81, Water Well Standards: State of California. In 1991, Bulletin 74-90 was published as a supplement to Bulletin 74-81. Bulletin 74-90 was developed to respond to DWR’s responsibilities under the Water Code and to keep pace with technical advances during the ten-year period following the publishing of Bulletin 74-81.

Water well standards are critical for preventing contamination of good quality groundwater. Improperly built, maintained, or destroyed wells can act as a conduit for contaminants. For example, the standards address topics such as the material used to seal the soil around the well casing. A poor seal can lead to preferential flow of water – and any contaminants – along the well casing and into the aquifer.

This bill specifically focuses on three out of the four well categories for which DWR is required to develop standards. Those types of water wells are:

1. Water wells – typical water wells that are used to extract water from the ground;
2. Monitoring wells – wells that are used to sample groundwater or monitor groundwater conditions (e.g., water level); and,
3. Cathodic protection wells – a specialized class of wells that are used to provide protection against corrosion for metallic objects buried in the ground.

A fourth type of well – geothermal heat exchange wells (GHEWs) – is not included in this bill. DWR is currently in the final stages of updating the standards for GHEWs.

The State originally published standards for wells in 1968 and the most recent update was published in 1991. This bill requires DWR to update the standards for water wells, monitoring wells, and cathodic protection wells. It is quite possible that there have been technical advances in the past 25 years that warrant an update to the standards.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of California Water Agencies

California Association of Environmental health Administrators

California Groundwater Association (Sponsor)

Cleaner Water Action

Community Water Center

Desert Water Agency

East Bay Municipal Utility District

Leadership Counsel for Justice and Accountability

Pacific Water Quality Association

Santa Clara Valley Water District

Sierra Club

Valley Ag Water Coalition

Opposition

None received

Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965

 THIRD READING  

Bill No: SB 995

Author:

Amended: 5/31/16

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 3/29/16

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/20/16

AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/27/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza

NOES: Nielsen

SUBJECT:

SOURCE: California Groundwater Association

DIGEST: This bill requires the Department of Water Resources (DWR) to update standards for water wells, monitoring wells, and cathodic protection wells.

ANALYSIS:

Existing law:

1. Requires DWR to investigate and survey conditions of damage to quality of underground waters that are, or may be, caused by improperly constructed, abandoned, or defective wells.
2. Requires DWR to report to the appropriate California regional water quality control board its recommendations for minimum standards for well construction in any particular locality in which it deems regulation necessary to protection of quality of underground water.

This bill requires DWR to update the standards for water wells, monitoring wells, and cathodic protection wells by January 1, 2019. Upon completing the update, DWR will submit the standards to the State Water Resources Control Board for adoption in the model well ordinance.

Background

On average, California’s groundwater provides approximately 30-46 percent of the state’s total water supply and serves as a critical buffer against drought. During dry years, groundwater may be used to meet nearly all of a community’s water needs. Some communities do not have access to surface water sources and depend completely on groundwater sources to meet their needs.

Water wells are constructed by drilling through soil and/or rock layers and into an underground aquifer. Wells contain an outer casing (e.g., a steel or PVC pipe) that maintains the well opening. At the bottom of the well and inside the casing is a pump that extracts water from the surrounding aquifer and pushes it to the surface. The top of a well is sealed to prevent contaminants from entering into the well casing or space outside the casing. In some cases, a well may penetrate one aquifer in order to reach a deeper aquifer.

There are four categories of water wells that are used in California. The most common category is simply called “water wells” or sometimes “production wells.” These wells are built to extract water for human consumption, irrigation, or other purposes. Wells built to collect water samples and monitor groundwater levels are called “monitoring wells.” “Cathodic protection wells” are built to protect metallic objects buried in the ground from corrosion. Finally, “geothermal heat exchange wells” (GHEWs) are built to transfer heat to and from the soil as part of a heating, ventilating, and air conditioning system.

In the past, DWR has been responsible for developing standards for the construction, maintenance, and destruction of all types of water wells. These standards are necessary in order to protect groundwater from contamination. If improperly built, maintained or destroyed, water wells can act as a conduit for contaminants.

California’s well standards were first developed in 1968 and published as Bulletin 74. At the time they included only water wells; monitoring wells were included in that category. Standards for cathodic protection wells were published in 1973 as Bulletin 74-1. Bulletin 74 was revised in 1981 as Bulletin 74-81.

Bulletin 74-81 was subsequently revised during the 1980s, resulting in a supplement called Bulletin 74-90. Cathodic protection well standards were incorporated in Bulletin 74-90, replacing Bulletin 74-1. Pursuant to SB 1817 (Chapter 1373, Statutes of 1986), monitoring wells are presented separately from water wells. When combined, Bulletin 74-81 and 74-90 represent the current minimum well standards for California.

Bulletin 74-81 was updated through a procedure established by AB 3127 (Chapter 1152, Statutes of 1986). AB 3127 (see Water Code §13801) established a deadline for the State Water Resources Control Board (board) to adopt a model well ordinance and a later deadline for counties, cities, and water agencies to adopt the board’s model well ordinance. The board contracted with DWR to review and update Bulletin 74-81.

In 1996, the Legislature passed and the Governor signed AB 2334 (Chapter 581, Statutes of 1996), which requires DWR to develop and submit to the board a report containing recommended standards for GHEWs. DWR issued a Draft of standards for GHEWs in 1999, with the ultimate goal of creating one bulletin (Bulletin 74-99) to cover all four types of wells (water wells, monitoring wells, cathodic protection wells and geothermal heat exchange wells). However, due to delays, Bulletin 74-99 was never formalized and the GHEW standards remain as a Draft. Recently, DWR has been working through a review of the Draft 1999 GHEW standards and is nearly finished. Because the GHEWs standards are almost finalized, this bill does not include GHEWs.

Since Bulletin 74-90 was published in 1990, new advances in drilling materials and techniques have emerged. Here are a few examples of new developments in well drilling that have prompted the demand for updated well standards:

• Greater recognition that the protocols for sealing abandoned wells were inadequate. Newer techniques utilize high tech explosives and other materials to permanently seal a well.
• A group in Nebraska studied the efficacy of several types of grout that are used to seal the gap between the soil and a well casing. Many of them did not perform up to expectations, raising questions about current well standards.
• Greater understanding of the sensitivity of well casing materials (e.g., PVC) to temperature fluctuations, which has implications for the efficacy of well casing seals.

Comments

GHEW standards are not included in this bill. DWR, in collaboration with the Water Board, is nearly finished with a review of the Draft 1999 GHEW standards. According to the author, this bill does not include GHEWs in order to avoid forcing DWR to start the review process over.

Drought and implementation of the Sustainable Groundwater Management Act. This bill comes at a critical moment. The ongoing drought has put incredible pressure on groundwater sources throughout the state. Well drilling has accelerated. Furthermore, the state is in the process of implementing the Sustainable Groundwater Management Act, which will empower local agencies to adopt groundwater management plans tailored to the resources and needs of their communities.

Why was the timeline chosen? According to the author, the January 1, 2019 deadline to update the standards was chosen to allow enough time for public input and to carry out the rest of the administrative process for adopting new regulations.

Out-of-date standards create confusion across the state. Several comments were raised by the well drilling community that the absence of up-to-date well standards from the state has led local county health departments and other entities to issue their own well standards and directives. This has created confusion within the well drilling industry and makes it more difficult to know what the well standards are. Some in the well drilling industry have had to prove to multiple local health departments that certain materials and techniques that are not covered by Bulletin 74-81 or 74-90 are safe.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• One-time cost of approximately $1.7 million (General Fund) to update the well standards as required in this bill.

SUPPORT: (Verified 5/31/16)

California Groundwater Association (source)

Association of California Water Agencies

California Association of Environmental Health Administrators

Clean Water Action of California

Community Water Center

Desert Water Agency

East Bay Municipal Utility Water District

Leadership Counsel for Justice and Accountability

Rural County Representatives of California

Santa Clara Valley Water District

Sierra Club of California

Valley Ag Water Coalition

OPPOSITION: (Verified 5/31/16)

None received

ARGUMENTS IN SUPPORT: According to the author, “Water well standards are critical to preventing contamination of good quality groundwater. Current water well standards were developed in the 1980s and last updated in 1990. Since then, advances in drilling techniques and new well materials have emerged making the current standards critically out of date. Furthermore, all water well standards – especially those developed nearly 40 years ago – need to be evaluated to make sure they are still accurate.”

Furthermore, the author stated, “Updating well standards is essential given the ongoing implementation of the Sustainable Groundwater Management Act (SGMA). DWR recognizes the current standards are insufficient: In the draft Strategic Plan for SGMA implementation, DWR called for an update to well standards (Action 2.5). Moreover, the state’s reliance on groundwater during the drought further underscores the urgency of this issue.”

Supporters have noted that “it is not acceptable that these [water well] standards, which have the capacity to cause serious impacts upon groundwater basins throughout the state, to go un-updated for over 20 years.”

Prepared by:

5/31/16 22:12:27

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 995 (Pavley) - Well standards

Bill Summary:

1. SB 995 requires the Department of Water Resources (DWR), on or before January 1, 2019, to update the well standards for water wells, monitoring wells, and cathodic protection wells. The bill also requires DWR to establish an advisory panel to identify critical gaps in existing knowledge about the best practices, and to conduct any necessary research and submit a report, by January 1, 2022, to the State Water Resources Control Board (SWRCB) outlining any recommendations. Upon the receipt of recommendations, SWRCB must revise the model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance adopted pursuant to Section 13801.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 27, 2016

Fiscal Impact:

• One-time cost of approximately $1.7 (General Fund) to update the well standards as required in this bill.

Author Amendments:

• Remove the requirement that DWR establish an advisory panel to identify critical gaps in existing knowledge about best practices, conduct any necessary research, and submit a report to the SWRCB outlining any recommendations.
• Remove the requirement that the SWRCB revise the model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance adopted pursuant to Section 13801.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 995 (Pavley) - Well standards

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

1. SB 995 requires the Department of Water Resources (DWR), on or before January 1, 2019, to update the well standards for water wells, monitoring wells, and cathodic protection wells. The bill also requires DWR to establish an advisory panel to identify critical gaps in existing knowledge about the best practices, and to conduct any necessary research and submit a report, by January 1, 2022, to the State Water Resources Control Board (SWRCB) outlining any recommendations. Upon the receipt of recommendations, SWRCB must revise the model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance adopted pursuant to Section 13801.

Fiscal Impact:

According to DWR, the well standards update required in this bill will cost approximately $1.7 million (General Fund). However, DWR notes that there are significant information gaps that must be filled to develop the best possible standards. As such, the “true” cost of an appropriate update would be approximately $6.6 million over a five-year period to perform the task below.

Background:

On average, California’s groundwater provides approximately 30-46 percent of the state’s total water supply and serves as a critical buffer against droughts. During dry years, groundwater may be used to meet nearly all of a community’s water needs. Some communities do not have access to surface water sources and depend completely on groundwater sources to meet their needs.

California has four categories of water wells: (1) “water wells” (sometimes called production wells are built to extract water for human consumption, irrigation, or other purposes; (2) “monitoring wells” are built to collect water samples and monitor groundwater levels; (3) “cathodic protection wells” are built to protect metallic objects buried in the ground from corrosion; and (4) “geothermal heat exchange wells” (GHEWs) are built to transfer heat to and from the soil as part of a heating, ventilation and cooling systems (HVAC).

In the past, the Department of Water Resources (DWR) has been responsible for developing standards for the construction, maintenance, and destruction of all types of water wells. These standards are necessary in order to protect groundwater from contamination. If improperly built, maintained or destroyed, water wells can act as a conduit for contaminants. New advances in drilling materials and techniques have emerged since the adoption of well standards (outlined in Bulletin 74-90).

Proposed Law:

This bill:

1. Requires the DWR, on or before January 1, 2019, to update the well standards contained in Bulletin 74-81 and Bulletin 74-90 based on existing knowledge of water wells, monitoring wells, and cathodic protection wells.
2. Requires DWR to establish an advisory panel to identify critical gaps in existing knowledge about the best practices for well construction, alteration, maintenance, and destruction for the types of wells.  If the advisory panel identifies knowledge gaps that need further research, DWR must conduct scientific research to address those needs.
3. On or before January 1, 2022, the advisory panel must make recommendations for improvements in well regulations that DWR must submit to the SWRCB.
4. Upon the receipt of recommendations, the SWRCB must revise the model water well, cathodic protection well, and monitoring well drilling and abandonment ordinance.

Related Legislation:

AB 2334 (Cortese, Chapter 581, Statutes of 1996) required DWR to develop and submit to the SWRCB a report containing recommended standards for GHEWs.

Staff Notes: Staff notes that this bill excludes GHEWs DWR issued a Draft of Standards for GHEWs in 1999, with the ultimate goal of creating one bulletin (Bulletin 74-99) to cover all four types of wells (water wells, monitoring wells, cathodic protection wells and geothermal heat exchange wells). However, due to delays, Bulletin 74-99 was never formalized and the GHEW standards remain as a Draft. Recently, DWR has been working through a review of the Draft 1999 GHEW standards and is nearly finished. Because the GHEWs standards are almost finalized, this bill does not include GHEWs.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2015 - 2016 Regular

Bill No: SB 995

SUBJECT: Well standards

ANALYSIS:

Existing law:

1. Requires the Department of Water Resources (DWR) to investigate and survey conditions of damage to quality of underground waters that are, or may be, caused by improperly constructed, abandoned, or defective wells.
2. Requires DWR to report to the appropriate California regional water quality control board its recommendations for minimum standards for well construction in any particular locality in which it deems regulation necessary to protection of quality of underground water.

This bill requires DWR to update standards for water wells, monitoring wells, and cathodic protection wells. Specifically requires:

1. By January 1, 2019, DWR update well standards (Bulletins 74-81 and 74-90) based on existing knowledge.
2. DWR create an advisory panel that will identify gaps in existing knowledge of well construction, maintenance, and destruction.
3. DWR conduct research as needed to address the knowledge gaps. At the end of the review process, the advisory panel will make recommendations for updates in well standards.

1. By January 1, 2022, DWR submit updated well standards to the State Water Resources Control Board for adoption in the model well ordinance.

Background

On average, California’s groundwater provides approximately 30-46% of the state’s total water supply and serves as a critical buffer against drought. During dry years, groundwater may be used to meet nearly all of a community’s water needs. Some communities do not have access to surface water sources and depend completely on groundwater sources to meet their needs.

Water wells are constructed by drilling through soil and/or rock layers and into an underground aquifer. Wells contain an outer casing (e.g., a steel or PVC pipe) that maintains the well opening. At the bottom of the well and inside the casing is a pump that extracts water from the surrounding aquifer and pushes it to the surface. The top of a well is sealed to prevent contaminants from entering into the well casing or space outside the casing. In some cases, a well may penetrate one aquifer in order to reach a deeper aquifer.

There are four categories of water wells that are used in California. The most common category is simply called “water wells” or sometimes “production wells.” These wells are built to extract water for human consumption, irrigation, or other purposes. Wells built to collect water samples and monitor groundwater levels are called “monitoring wells.” “Cathodic protection wells” are built to protect metallic objects buried in the ground from corrosion. Finally, “geothermal heat exchange wells” (GHEWs) are built to transfer heat to and from the soil as part of an HVAC system.

In the past, the Department of Water Resources (DWR) has been responsible for developing standards for the construction, maintenance, and destruction of all types of water wells. These standards are necessary in order to protect groundwater from contamination. If improperly built, maintained or destroyed, water wells can act as a conduit for contaminants.

California’s well standards were first developed in 1968 and published as Bulletin 74. At the time they included only water wells; monitoring wells were included in that category. Standards for cathodic protection wells were published in 1973 as Bulletin 74-1. Bulletin 74 was revised in 1981 as Bulletin 74-81.

Bulletin 74-81 was subsequently revised during the 1980s, resulting in a supplement called Bulletin 74-90. Cathodic protection well standards were incorporated in Bulletin 74-90, replacing Bulletin 74-1. Monitoring wells are presented separately from water wells, pursuant to SB 1817 (Morgan, Chapter 1373, Statutes of 1986) which amended the Water Code to explicitly list monitoring wells as a separate category of wells. When combined, Bulletin 74-81 and 74-90 represent the current minimum well standards for California.

Bulletin 74-81 was updated through a procedure established by AB 3127 (Areias, Chapter 1152, Statutes of 1986). AB 3127 (see Water Code §13801) established a deadline for the State Water Resources Control Board (Water Board) to adopt a model well ordinance and a later deadline for counties, cities, and water agencies to adopt the Water Board’s model well ordinance. The Water Board contracted with DWR to review and update Bulletin 74-81.

In 1996, the Legislature passed and the Governor signed AB 2334 (Cortese, Chapter 581, Statutes of 1996) which requires DWR to develop and submit to the Water Board a report containing recommended standards for GHEWs. DWR issued a Draft of Standards for GHEWs in 1999, with the ultimate goal of creating one bulletin (Bulletin 74-99) to cover all four types of wells (water wells, monitoring wells, cathodic protection wells and geothermal heat exchange wells). However, due to delays, Bulletin 74-99 was never formalized and the GHEW standards remain as a Draft. Recently, DWR has been working through a review of the Draft 1999 GHEW standards and is nearly finished. Because the GHEWs standards are almost finalized, this bill does not include GHEWs.

Since Bulletin 74-90 was published in 1990, new advances in drilling materials and techniques have emerged. Here are a few examples of new developments in well drilling that have prompted the demand for updated well standards:

1. Greater recognition that the protocols for sealing abandoned wells were inadequate. Newer techniques utilize high tech explosives and other materials to permanently seal a well.
2. Research in Nebraska looked at the efficacy of several types of grout that are used to seal the gap between the soil and a well casing. Many of them did not perform up to expectations, raising questions about current well standards.
3. Greater understanding of the sensitivity of well casing materials (e.g., PVC) to temperature fluctuations, which has implications for the efficacy of well casing seals.

Comments

1. Purpose of Bill. According to the author, “Water well standards are critical to preventing contamination of good quality groundwater. Current water well standards were developed in the 1980s and last updated in 1990. Since then, advances in drilling techniques and new well materials have emerged making the current standards critically out of date. Furthermore, all water well standards – especially those developed nearly 40 years ago – need to be evaluated to make sure they are still accurate.”

Furthermore, the author stated, “Updating well standards is essential given the ongoing implementation of the Sustainable Groundwater Management Act (SGMA). DWR recognizes the current standards are insufficient: In the draft Strategic Plan for SGMA implementation, DWR called for an update to well standards (Action 2.5). Moreover, the state’s reliance on groundwater during the drought further underscores the urgency of this issue.”

Supporters have noted that “it is not acceptable that these [water well] standards, which have the capacity to cause serious impacts upon groundwater basins throughout the state, to go un-updated for over 20 years.”

1. Geothermal heat exchange well (GHEW) standards are not included in this bill. DWR, in collaboration with the Water Board, is nearly finished with a review of the Draft 1999 GHEW standards. According to the author, this bill does not include GHEWs in order to avoid forcing DWR to start the review process over.

DOUBLE REFERRAL:

This measure was heard in Senate Natural Resources and Water Committee on March 29, 2016, and passed out of committee with a vote of 9-0.

SOURCE:

California Groundwater Association

SUPPORT:

Clean Water Action of California

Community Water Center

East Bay Municipal Utility District

Leadership Counsel for Justice and Accountability

Santa Clara Valley Water District

Sierra Club of California

OPPOSITION:

None received

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: SB 995 Hearing Date: March 29, 2016

Subject: Well standards

BACKGROUND AND EXISTING LAW

On average, California’s groundwater provides approximately 30-46 percent of the State’s total water supply and serves as a critical buffer against drought. During dry years, groundwater may be used to meet nearly all of a community’s water needs. Some communities do not have access to surface water sources and depend completely on groundwater sources to meet their needs.

Water wells are constructed by drilling through soil and/or rock layers and into an underground aquifer. Wells contain an outer casing (e.g., a steel or PVC pipe) that maintains the well opening. At the bottom of the well and inside the casing is a pump that extracts water from the surrounding aquifer and pushes it to the surface. The top of a well is sealed to prevent contaminants from entering into the well casing or space outside the casing. In some cases, a well may penetrate one aquifer in order to reach a deeper aquifer.

There are four categories of water wells that are used in California. The most common category is simply called “water wells” or sometimes “production wells.” These wells are built to extract water for human consumption, irrigation, or other purposes. Wells built to collect water samples and monitor groundwater levels are called “monitoring wells.” “Cathodic protection wells” are built to protect metallic objects buried in the ground from corrosion. Finally, “geothermal heat exchange wells” (GHEWs) are built to transfer heat to and from the soil as part of a HVAC system.

In the past, the Department of Water Resources (DWR) has been responsible for developing standards for the construction, maintenance, and destruction of all types of water wells. These standards are necessary in order to protect groundwater from contamination. If improperly built, maintained or destroyed, water wells can act as a conduit for contaminants.

California’s well standards were first developed in 1968 and published as Bulletin 74. At the time they included only water wells; monitoring wells were included in that category. Standards for cathodic protection wells were published in 1973 as Bulletin 74-1. Bulletin 74 was revised in 1981 as Bulletin 74-81.

Bulletin 74-81 was subsequently revised during the 1980s, resulting in a supplement called Bulletin 74-90. Cathodic protection well standards were incorporated in Bulletin 74-90, replacing Bulletin 74-1. Monitoring wells are presented separately from water wells, pursuant to SB 1817 (Chapter 1373, Statutes of 1986) which amended the Water Code to explicitly list monitoring wells as a separate category of wells. When combined, Bulletin 74-81 and 74-90 represent the current minimum well standards for California.

Bulletin 74-81 was updated through a procedure established by AB 3127 (Chapter 1152, Statutes of 1986). AB 3127 (see Water Code §13801) established a deadline for the State Water Resources Control Board (Water Board) to adopt a model well ordinance and a later deadline for counties, cities, and water agencies to adopt the Water Board’s model well ordinance. The Water Board contracted with DWR to review and update Bulletin 74-81.

In 1996, the Legislature passed and the Governor signed AB 2334 (Chapter 581, Statutes of 1996), which requires DWR to develop and submit to the Water Board a report containing recommended standards for GHEWs. DWR issued a Draft of standards for GHEWs in 1999, with the ultimate goal of creating one bulletin (Bulletin 74-99) to cover all four types of wells (water wells, monitoring wells, cathodic protection wells and geothermal heat exchange wells). However, due to delays, Bulletin 74-99 was never formalized and the GHEW standards remain as a Draft. Recently, DWR has been working through a review of the Draft 1999 GHEW standards and is nearly finished. Because the GHEWs standards are almost finalized, this bill does not include GHEWs.

Since Bulletin 74-90 was published in 1990, new advances in drilling materials and techniques have emerged. Here are a few examples of new developments in well drilling that have prompted the demand for updated well standards:

• Greater recognition that the protocols for sealing abandoned wells were inadequate. Newer techniques utilize high tech explosives and other materials to permanently seal a well.
• A group in Nebraska studied the efficacy of several types of grout that are used to seal the gap between the soil and a well casing. Many of them did not perform up to expectations, raising questions about current well standards.
• Greater understanding of the sensitivity of well casing materials (e.g., PVC) to temperature fluctuations, which has implications for the efficacy of well casing seals.

PROPOSED LAW

This bill would require DWR to update standards for water wells, monitoring wells, and cathodic protection wells; geothermal heat exchange wells are not included (as described above). Specifically, the bill would update the standards through the following process:

• By January 1, 2019, DWR will update well standards (Bulletins 74-81 and 74-90) based on existing knowledge.
• At the same time, DWR will create an advisory panel that will identify gaps in existing knowledge of well construction, maintenance, and destruction. DWR will conduct research as needed to address the knowledge gaps. At the end of the review process, the advisory panel will make recommendations for updates in well standards.
• By January 1, 2022, DWR will submit updated well standards to the Water Board for adoption in the model well ordinance.

ARGUMENTS IN SUPPORT

According to the author, “Water well standards are critical to preventing contamination of good quality groundwater. Current water well standards were developed in the 1980s and last updated in 1990. Since then, advances in drilling techniques and new well materials have emerged making the current standards critically out of date. Furthermore, all water well standards – especially those developed nearly 40 years ago – need to be evaluated to make sure they are still accurate.”

Furthermore, the author stated, “Updating well standards is essential given the ongoing implementation of the Sustainable Groundwater Management Act (SGMA). DWR recognizes the current standards are insufficient: In the draft Strategic Plan for SGMA implementation, DWR called for an update to well standards (Action 2.5). Moreover, the state’s reliance on groundwater during the drought further underscores the urgency of this issue.”

Supporters have noted that “it is not acceptable that these [water well] standards, which have the capacity to cause serious impacts upon groundwater basins throughout the state, to go un-updated for over 20 years.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Geothermal heat exchange well (GHEW) standards are not included in this bill. DWR, in collaboration with the Water Board, is nearly finished with a review of the Draft 1999 GHEW standards. According to the author, this bill does not include GHEWs in order to avoid forcing DWR to start the review process over.

Drought and implementation of the Sustainable Groundwater Management Act: This bill comes at a critical moment. The ongoing drought has put incredible pressure on groundwater sources throughout the state. Well drilling has accelerated. Furthermore, the state is in the process of implementing the Sustainable Groundwater Management Act, which will empower local agencies to adopt groundwater management plans tailored to the resources and needs of their communities.

Why were these timelines chosen? According to the author, the timelines were chosen to provide a reasonable amount of time to carry out each step proposed in the bill. The January 1, 2019 deadline to update the standards based on current knowledge was chosen to allow enough time for public input and to carry out the rest of the administrative process for adopting new regulations. The January 1, 2022 deadline was chosen to accommodate all the steps described in the bill (i.e., form an advisory panel, conduct research to fill knowledge gaps, update standards).

Out-of-date standards create confusion across the state. Several comments were raised by the well drilling community that the absence of up-to-date well standards from the state has led local county health departments and other entities to issue their own well standards and directives. This has created confusion within the well drilling industry and makes it more difficult to know what the well standards are. Some in the well drilling industry have had to prove to multiple local health departments that certain materials and techniques that are not covered by Bulletin 74-81 or 74-90 are safe.

Double-Referral. The Rules Committee referred this bill to both the Committee on Natural Resources and Water and to the Committee on Environmental Quality. Therefore, if this bill passes this committee, it will be referred to the Committee on Environmental Quality, which will consider the issues within their jurisdiction.

SUGGESTED AMENDMENTS

None.

SUPPORT

California Groundwater Association (sponsor)

Clean Water Action of California

Community Water Center

Leadership Counsel for Justice and Accountability

Santa Clara Valley Water District

Sierra Club of California

OPPOSITION

None received.

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