AB 2828: Waste discharge requirements: produced water: oil and gas operations.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-04-17
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 agencies with authority over water quality. 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.
This bill would authorize a regional board to approve a waste discharge requirements requirement for the use or reuse of produced water from an oil and gas operation for agriculture purposes or for groundwater recharge, only if, after a public hearing, the regional board makes specified findings, including that no beneficial use described in the water quality control plan adopted by the regional board will be adversely affected or degraded. it finds that the California Council on Science and Technology has reviewed the best available independent scientific evidence and has found the use will not pose a significant risk to the public from any contaminants in the produced water, as provided.
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 agencies with authority over water quality. 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.
This bill would authorize a regional board to approve waste discharge requirements for the use or reuse of produced water from an oil and gas operation only if, after a public hearing, the regional board makes specified findings, including that no beneficial use described in the water quality control plan adopted by the regional board will be adversely affected or degraded.
This bill would require the state board to conduct a public hearing, as specified, to determine whether using produced water from an oil and gas operation for specified water uses would pose a hazard to the public, employees that regularly interact with the produced water, or the environment. The bill would require the state board, if it determines that using the produced water for a particular use would not pose a hazard and would be safe for the public, employees that regularly interact with the produced water, and the environment, to make a finding to that effect. The bill would permit a regional water quality control board to issue a waste discharge requirement for any of the specified water uses only if the state board determines that using produced water for that particular use would not pose a hazard and would be safe for the public, employees that regularly interact with the produced water, and the environment.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 agencies with authority over water quality. 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.
This bill would require the state board to conduct a public hearing, as specified, to determine whether using produced water from an oil and gas operation for specified water uses would pose a hazard to the public, employees that regularly interact with the produced water, or the environment. The bill would require the state board, if it determines that using the produced water for a particular use would not pose a hazard and would be safe for the public, employees that regularly interact with the produced water, and the environment, to make a finding to that effect. The bill would permit a regional water quality control board to issue a waste discharge requirement for any of the specified water uses only if the state board determines that using produced water for that particular use would not pose a hazard and would be safe for the public, employees that regularly interact with the produced water, and the environment.
(a)(1)A regional board shall may approve a waste discharge requirements requirement for the use or reuse of produced water from an oil and gas operation for agricultural purposes, including aquaculture, or for groundwater recharge, only if it finds, after a public hearing, in addition to the requirements of Section 13263, all of the following:
(1)No beneficial use described in the water quality control plan adopted pursuant to Section 13240 will be adversely affected or degraded.(2)If the produced water is to be used for agricultural supply, that any contaminants in the produced water, whether naturally occurring or added to the waste stream at any point in the oil exploration, extraction, or production process, will not accumulate in soil, plants, or crops, at a level that would pose a hazard to humans.(3)If the produced water is to be used for the purpose of groundwater recharge, that any contaminants in the produced water, whether naturally occurring or added to the waste stream at any point in the oil exploration, extraction, or production process, will not reach levels in the groundwater that would pose a hazard to humans when that groundwater is extracted and distributed for use. that the California Council on Science and Technology has reviewed the best available independent scientific evidence and has found that use will not pose a significant risk to the public from any contaminants in the produced water, whether naturally occurring or added during the oil production process, either through accumulation of the contaminants in the food crops or in the soil. The councils evaluation shall include a review of the impacts to the soil, including impacts to workers and impacts to the fertility of the soil.(2)This subdivision shall only apply to new waste discharge requirements or permits before the regional board on or after January 1, 2019, and shall apply to any amendment or change to existing waste discharge requirements or permits if that amendment or change would result in an increase in the use of the produced water.
(b)For purposes of this section, produced water has the same meaning as defined in Section 95667 of Title 17 of the California Code of Regulations.
(a)A regional board shall approve waste discharge requirements for the use or reuse of produced water from an oil and gas operation only if it finds, after a public hearing, in addition to the requirements of Section 13263, all of the following:
(1)No beneficial use described in the water quality control plan adopted pursuant to Section 13240 will be adversely affected or degraded.
(2)If the produced water is to be used for agricultural supply, that any contaminants in the produced water, whether naturally occurring or added to the waste stream at any point in the oil exploration, extraction, or production process, will not accumulate in soil, plants, or crops, at a level that would pose a hazard to humans.
(3)If the produced water is to be used for the purpose of groundwater recharge, that any contaminants in the produced water, whether naturally occurring or added to the waste stream at any point in the oil exploration, extraction, or production process, will not reach levels in the groundwater that would pose a hazard to humans when that groundwater is extracted and distributed for use.
(b)For purposes of this section, produced water has the same meaning as defined in Section 95667 of Title 17 of the California Code of Regulations.
SECTION 1.Section 13167.8 is added to the Water Code, to read:13167.8.(a)(1)The state board shall conduct a public hearing to determine whether using produced water for any of the uses identified in subparagraphs (A) through (G), inclusive, would pose a hazard to the public, an employee that regularly interacts with the produced water, or the environment in each of the following water uses: (A)Irrigating crops intended for human consumption.(B)Irrigating crops for livestock whose products are intended for human consumption.(C)Drinking water for livestock whose products are intended for human consumption.(D)Aquacultural products intended for human consumption.(E)Landscape irrigation.(F)Recreational activities that involve contact with water.(G)Aquifer recharge.(2)The state board shall accept and consider comments from the public in preparation for, and during, the public hearing.(b)(1)If, after considering the information presented at the public hearing, the state board determines that using produced water for any of the uses described in paragraph (1) of subdivision (a) would not pose a hazard and would be safe for the public, employees that regularly interact with the produced water, and the environment, the state board shall make a finding to that effect.(2)A regional water quality control board may issue a waste discharge requirement for a use described in paragraph (1) of subdivision (a) only if the state board determines, pursuant to paragraph (1), that using produced water for that particular use would not pose a hazard and would be safe for the public, employees that regularly interact with the produced water, and the environment.(c)For purposes of this section, produced water means produced water from an oil and gas operation, including wastewater and wastewater that has been treated and wastewater includes, but is not limited to, flowback, drilling muds and cuttings, and any other discharge that a regional water quality control board has determined is subject to waste discharge requirements. SEC. 2.Section 13263 of the Water Code is amended to read:13263.(a)Except as provided in Section 13167.8, the regional board, after any necessary hearing, shall prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed. The requirements shall implement any relevant water quality control plans that have been adopted, and shall take into consideration the beneficial uses to be protected, the water quality objectives reasonably required for that purpose, other waste discharges, the need to prevent nuisance, and the provisions of Section 13241.(b)A regional board, in prescribing requirements, need not authorize the utilization of the full waste assimilation capacities of the receiving waters.(c)The requirements may contain a time schedule, subject to revision in the discretion of the regional board.(d)The regional board may prescribe requirements although no discharge report has been filed.(e)Upon application by any affected person, or on its own motion, the regional board may review and revise requirements. All requirements shall be reviewed periodically.(f)The regional board shall notify in writing the person making or proposing the discharge or the change therein of the discharge requirements to be met. After receipt of the notice, the person notified shall provide adequate means to meet the requirements.(g)No discharge of waste into the waters of the state, whether or not the discharge is made pursuant to waste discharge requirements, shall create a vested right to continue the discharge. All discharges of waste into waters of the state are privileges, not rights.(h)The regional board may incorporate the requirements prescribed pursuant to this section into a master recycling permit for either a supplier or distributor, or both, of recycled water.(i)The state board or a regional board may prescribe general waste discharge requirements for a category of discharges if the state board or that regional board finds or determines that all of the following criteria apply to the discharges in that category:(1)The discharges are produced by the same or similar operations.(2)The discharges involve the same or similar types of waste.(3)The discharges require the same or similar treatment standards.(4)The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements.(j)The state board, after any necessary hearing, may prescribe waste discharge requirements in accordance with this section.(a)(1)The state board shall conduct a public hearing to determine whether using produced water for any of the uses identified in subparagraphs (A) through (G), inclusive, would pose a hazard to the public, an employee that regularly interacts with the produced water, or the environment in each of the following water uses:
(A)Irrigating crops intended for human consumption.
(B)Irrigating crops for livestock whose products are intended for human consumption.
(C)Drinking water for livestock whose products are intended for human consumption.
(D)Aquacultural products intended for human consumption.
(E)Landscape irrigation.
(F)Recreational activities that involve contact with water.
(G)Aquifer recharge.
(2)The state board shall accept and consider comments from the public in preparation for, and during, the public hearing.
(b)(1)If, after considering the information presented at the public hearing, the state board determines that using produced water for any of the uses described in paragraph (1) of subdivision (a) would not pose a hazard and would be safe for the public, employees that regularly interact with the produced water, and the environment, the state board shall make a finding to that effect.
(2)A regional water quality control board may issue a waste discharge requirement for a use described in paragraph (1) of subdivision (a) only if the state board determines, pursuant to paragraph (1), that using produced water for that particular use would not pose a hazard and would be safe for the public, employees that regularly interact with the produced water, and the environment.
(c)For purposes of this section, produced water means produced water from an oil and gas operation, including wastewater and wastewater that has been treated and wastewater includes, but is not limited to, flowback, drilling muds and cuttings, and any other discharge that a regional water quality control board has determined is subject to waste discharge requirements.
SEC. 2.Section 13263 of the Water Code is amended to read:13263.(a)The Except as provided in Section 13167.8, the regional board, after any necessary hearing, shall prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed. The requirements shall implement any relevant water quality control plans that have been adopted, and shall take into consideration the beneficial uses to be protected, the water quality objectives reasonably required for that purpose, other waste discharges, the need to prevent nuisance, and the provisions of Section 13241.
(b)A regional board, in prescribing requirements, need not authorize the utilization of the full waste assimilation capacities of the receiving waters.
(c)The requirements may contain a time schedule, subject to revision in the discretion of the regional board.
(d)The regional board may prescribe requirements although no discharge report has been filed.
(e)Upon application by any affected person, or on its own motion, the regional board may review and revise requirements. All requirements shall be reviewed periodically.
(f)The regional board shall notify in writing the person making or proposing the discharge or the change therein of the discharge requirements to be met. After receipt of the notice, the person so notified shall provide adequate means to meet the requirements.
(g)No discharge of waste into the waters of the state, whether or not the discharge is made pursuant to waste discharge requirements, shall create a vested right to continue the discharge. All discharges of waste into waters of the state are privileges, not rights.
(h)The regional board may incorporate the requirements prescribed pursuant to this section into a master recycling permit for either a supplier or distributor, or both, of recycled water.
(i)The state board or a regional board may prescribe general waste discharge requirements for a category of discharges if the state board or that regional board finds or determines that all of the following criteria apply to the discharges in that category:
(1)The discharges are produced by the same or similar operations.
(2)The discharges involve the same or similar types of waste.
(3)The discharges require the same or similar treatment standards.
(4)The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements.
(j)The state board, after any necessary hearing, may prescribe waste discharge requirements in accordance with this section.
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Date
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Status
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|---|---|
| Apr 24, 2018 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Apr 18, 2018 | Re-referred to Com. on E.S. & T.M. |
| Apr 17, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Apr 10, 2018 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 4, 2018 | Re-referred to Com. on E.S. & T.M. |
| Apr 3, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Mar 8, 2018 | Referred to Com. on E.S. & T.M. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| 260 Individuals | ** Support | Apr 8, 2018 |
| African American Farmers of California | ** Against | Apr 8, 2018 |
| Almond Alliance of California | ** Against | Apr 8, 2018 |
| California Agriculture Council | ** Against | Apr 8, 2018 |
| California Association Of Nurseries And Garden Centers | ** Against | Apr 8, 2018 |
| California Association Of Winegrape Growers | ** Against | Apr 8, 2018 |
| California Bean Shippers Association | ** Against | Apr 8, 2018 |
| California Cattlemen'S Association | ** Against | Apr 8, 2018 |
| California Citrus Mutual | ** Against | Apr 8, 2018 |
| California Cotton Ginners and Growers Associations | ** Against | Apr 8, 2018 |
| California Council on Problem Gambling | * Support | Apr 4, 2018 |
| California Farm Bureau | ** Against | Apr 8, 2018 |
| California Fresh Fruit Association | ** Against | Apr 8, 2018 |
| California Independent Petroleum Association | ** Against | Apr 8, 2018 |
| California League Of Conservation Voters | ** Support | Apr 8, 2018 |
| California League of Food Producers | ** Against | Apr 8, 2018 |
| California Pear Growers Association | ** Against | Apr 8, 2018 |
| California Seed Association | ** Against | Apr 8, 2018 |
| Calusa Indian Community | * Support | Apr 4, 2018 |
| Cawelo Water District | ** Against | Apr 8, 2018 |
| Center For Biological Diversity | ** Against | Apr 8, 2018 |
| Center For Environment Health | ** Support | Apr 8, 2018 |
| Central California Environmental Justice Network | ** Support | Apr 8, 2018 |
| Central Valley Business Federation | ** Against | Apr 8, 2018 |
| Citizens Coalition For A Safe Environment | ** Support | Apr 8, 2018 |
| Clean Water Action | ** Support | Apr 8, 2018 |
| Consumer Watchdog | ** Against | Apr 8, 2018 |
| Earthworks | ** Support | Apr 8, 2018 |
| Environmental Working Group | ** Support | Apr 8, 2018 |
| Food & Water Watch | ** Against | Apr 8, 2018 |
| Grassroots Coalition | ** Support | Apr 8, 2018 |
| Kern Tulare Water District | ** Against | Apr 8, 2018 |
| Morongo Band Of Mission Indians | * Support | Apr 4, 2018 |
| Mothers Out Front | ** Against | Apr 8, 2018 |
| Nisei Farmers League | ** Against | Apr 8, 2018 |
| North Kern Water Storage District | ** Against | Apr 8, 2018 |
| Pechanga Band of Indians | * Support | Apr 4, 2018 |
| People Demanding Action | ** Against | Apr 8, 2018 |
| People Organized for Westside Renewal | ** Against | Apr 8, 2018 |
| Progressive Democrats Of America | ** Against | Apr 8, 2018 |
| San Ynez Band of Chumash Indians and the Sycuan Tribe | * Support | Apr 4, 2018 |
| Santa Barbara Standing Rock Coalition | ** Support | Apr 8, 2018 |
| Save the Sespe | ** Support | Apr 8, 2018 |
| Sierra Club California | ** Support | Apr 8, 2018 |
| SoCal 350 Climate Action | ** Against | Apr 8, 2018 |
| The Wildlands Conservancy | ** Support | Apr 8, 2018 |
| Western Growers | ** Against | Apr 8, 2018 |
| Western States Petroleum Association | ** Against | Apr 8, 2018 |
| Wholly H2O | ** Support | Apr 8, 2018 |
| Wine Institute | ** Against | Apr 8, 2018 |
Discussed in Hearing
9MIN
Assembly Standing Committee on Governmental Organization
Bill Author
Bill Co-Author(s):