WELCOME TO THE ASSEMBLY. NATURAL
RESOURCES COMMITTEE HEARING. MR.
VICE CHAIR, ARE YOU HERE WITH
US? OH, I AM. GOOD, PLEASE NOTE
THAT ITEM ONE, SB 1308 GONZALEZ
HAS BEEN PULLED BY THE AUTHOR.
WE HAVE THREE MEASURES ON THE
AGENDA TODAY. THE FOLLOWING TWO
MEASURES ARE PROPOSED FOR
CONSENT. ITEM ONE SB 1158.
ARCHULETA ITEM FOUR SB 1395
BECKER. 234. AND WE NEED ONE
MORE PERSON FOR A QUORUM. THERE
SHE IS. MADAM SECRETARY, CAN WE
ESTABLISH A QUORUM? BRIAN. HERE.
BRIAN HERE. FLORA. HERE. FLORA
HERE. BARBARA. KHN. BARBARA.
KHN HERE. FRIEDMAN FRIEDMAN.
HERE. HOOVER. CHOLERA MATHIS.
MURATSUCHI MURATSUCHI. HERE
PELLERIN. WICKS. HERE. WICKS.
HERE. WOULD THANK YOU, MADAM
SECRETARY. CAN WE CALL THE ROLL
ON THE CONSENT CALENDAR? OH, WE
HAVE A MOTION BY FLORA, A SECOND
AND THIRD BY MISS PELLERIN AND
BAUER. KHN ITEM NUMBER ONE, SB
1158. THE MOTION IS DUE PASSED
TO APPROPRIATE AS ITEM NUMBER
FOR SB 1395. THE MOTION IS DUE
PASSED TO APPROPRIATIONS. BRIAN.
HI, BRIAN. AYE. FLORA. FLORIN
FLORA I BAUER. KHN. FARAKHAN.
AYE. FRIEDMAN FRIEDMAN. AYE.
HOOVER. HOOVER. AYE. KALRA A
CHOLERA. AYE. MURATSUCHI AYE.
MURATSUCHI. AYE. PELLERIN.
PELLERIN AYE. WICKS. AYE. WICKS.
AYE. WOOD THE. WE'LL LEAVE IT
OPEN FOR MR. WOOD, BUT IT HAS
THE VOTES TO GET OUT, SENATOR
MONIQUE LIMÓN, IF YOU ARE
AVAILABLE, YOU ARE THE ONLY BILL
ON OUR AGENDA STILL, SB 1304.
YOU MAY ALSO SEND YOUR TALKING
POINTS TO ASSEMBLY MEMBER
FRIEDMAN. SHE STAYS READY.
CAN YOU PRESENT A BILL? THAT
WOULD WORK. SO I GOT PULLED INTO
THOSE, YEAH.
SO SENATOR, IT'S GOOD TO SEE YOU
. YOU MAY BEGIN WHENEVER YOU'RE
READY. THANK YOU SO MUCH. OH,
GOD, I LOVE THIS. TAKE THE
MOTION AFTER THE PRESENTATION.
GREAT. SO WE HAVE A MOTION AND A
SECOND. THANK YOU. MEMBERS
FIRST, I WANT TO THANK THE
COMMITTEE STAFF AND THE
COMMITTEE FOR THEIR WORK ON THIS
BILL. AND I'D LIKE TO SUGGEST,
ACCEPT THE SUGGESTED AMENDMENTS.
I COMMIT TO CONTINUING TO WORK
WITH THE COMMITTEE AND AGENCIES
TO ENSURE THE ENVIRONMENTAL
REVIEW PROVISIONS ARE THOROUGH
AND PRACTICAL. SB 1304
ESTABLISHES REQUIREMENTS FOR
STATE APPROVAL OF AN AQUIFER
EXEMPTION PROPOSAL OF OIL AND
GAS OPERATIONS BY REQUIRING THE
STATE WATER RESOURCES TO CONTROL
AND CONTROL BOARD TO CONDUCT AT
LEAST ONE DECISION MAKING PUBLIC
HEARING. PROVIDING THE PUBLIC AN
ADDITIONAL OPPORTUNITY TO SPEAK
ON AN EXEMPTION PROPOSAL FROM
CAL JAM AND PRIOR TO SENDING TO
THE US EPA. I HAVE WITH ME MATT
CAMPA FROM THE ENVIRONMENTAL
DEFENSE CENTER AND LINDA
ESCALANTE WITH THE NATURAL
RESOURCES DEFENSE COUNCIL TO
SPEAK IN SUPPORT OF THE BILL IN
WHATEVER ORDER YOU WANT. GOOD
AFTERNOON, ASSEMBLY MEMBERS
CHAIR BRIAN, MY NAME IS MATTHEW
CAMPA. I'M AN ATTORNEY WITH THE
ENVIRONMENTAL DEFENSE CENTER
HERE TODAY ON BEHALF OF SIERRA
CLUB CALIFORNIA, SANTA BARBARA
COUNTY ACTION NETWORK, AND ALL
CALIFORNIANS THAT DEPEND ON
UNPOLLUTED GROUNDWATER FOR THEIR
LIVES AND LIVELIHOODS THROUGH
OUR INVOLVEMENT IN THE CAT
CANYON AQUIFER EXEMPTION PROCESS
, WHICH PROPOSES 700 NEW OIL
WELLS TO INJECT TOXIC WASTE
THROUGH AN AQUIFER THAT PROVIDES
DRINKING WATER FOR 150,000
CALIFORNIANS. WE LEARNED THAT
THE EXISTING LAW AND PROCEDURES
ARE INADEQUATE TO PROTECT THE
PUBLIC'S VITAL DRINKING,
DOMESTIC AND AGRICULTURAL WATER
SUPPLIES. UNDER THE EXISTING
FRAMEWORK, THERE IS NO MECHANISM
FOR PUBLIC PARTICIPATION, NO
PUBLIC HEARING AND NO REQUIRED
ANALYSIS OF POTENTIAL IMPACTS
BEFORE THE STATE SUBMITS A
PROPOSAL TO EPA, THE LACK OF
TRANSPARENCY AND INFORMED
DECISION MAKING THREATENS
FRONTLINE CALIFORNIANS THAT
ALREADY FACE SEVERE RISKS AND
INEQUITIES. IN REGARDS TO ACCESS
TO CLEAN DRINKING WATER. SB 1304
REMEDIES THESE CONCERNS BY
CREATING A DISCRETION FREE
DECISION FOR THE STATE WATER
RESOURCES CONTROL BOARD TO
ENSURE CONSISTENCY WITH EXISTING
STATE AND FEDERAL LAW. THE BILL
PROTECTS FRONTLINE COMMUNITIES
FROM ADDITIONAL CUMULATIVE
THREATS BY PROHIBITING AQUIFER
EXEMPTIONS AND AREAS IDENTIFIED
AS AT RISK FOR GROUNDWATER AND
DRINKING WATER POLLUTION IN
CALENVIROSCREEN. CALENVIROSCREEN
INCORPORATES DATA FROM THE STATE
WATER RESOURCE CONTROL BOARD'S
WATER DATABASE, BUT ALSO
INCLUDES CRITICAL DEMOGRAPHIC
AND POPULATION CHARACTERISTICS
THAT ARE NECESSARY TO ENSURE
ENVIRONMENTAL JUSTICE IS
ACHIEVED. THE STATE'S RECENT
CONDUIT ANALYSIS IN CAT CANYON
CONFIRMS THE THREAT OF THE 488
WELLS ANALYZED, 291,
APPROXIMATELY 60% WERE
IDENTIFIED AS POTENTIAL CONDUITS
. THIS IS JUST ONE OIL FIELD IN
ONE LOCATION. SIMILAR ANALYZES
ARE OCCURRING THROUGHOUT THE
STATE. SB 1304 WILL PROVIDE A
ROBUST PUBLIC REVIEW PROCESS AND
PROTECT IMPORTANT GROUNDWATER
SOURCES FOR LOCAL COMMUNITIES
THAT TRULY HAVE NO OTHER OPTION.
GROUNDWATER IS A CRITICAL
RESOURCE BOTH FOR OUR ECONOMY
AND PUBLIC HEALTH. THIS ISN'T A
SITUATION WHERE WE SHOULD WAIT
FOR A CATASTROPHE TO HAPPEN
BEFORE ACTING. THANK YOU FOR
YOUR TIME AND CONSIDERATION AND
PLEASE VOTE YES ON SB 1304.
INCREDIBLE TIMING. AND GOOD
AFTERNOON, CHAIR BRIAN AND
MEMBERS, I AM LINDA ESCALANTE
WITH NRDC. I FIRST THANK SENATOR
LIMON FOR HER GREAT LEADERSHIP
ON THIS MATTER. ACTUALLY, THIS
IS A BIT PERSONAL TO ME BECAUSE
I DON'T KNOW IF YOU GUYS
REMEMBER FORMER SENATOR TOM
HAYDEN, BUT, THIS IS, AS A
FORMER PROTEGE OF HIM, HIS I CAN
SAY THAT IT'S NEAR AND DEAR IN
HEART TO MY TO MY HEART, TO BE
HERE. AND I'M PROUD TO DO THIS.
OIL COMPANIES OFTEN SET SEEK
EXEMPTIONS FROM THE STATE AND
THE US EPA TO INJECT TOXIC
WASTEWATER PRODUCED IN THE OIL
PRODUCTION PROCESS THROUGH
THROUGH AQUIFERS THAT ARE USED
FOR DRINKING WATER, AGRICULTURE
OR OTHER BENEFICIAL USES. IN
THEORY, THE WASTEWATER IS
INJECTED BACK INTO THE GROUND
THROUGH LAYERS OF SEDIMENTARY
ROCK AND INTO ROCK FORMATIONS
CONSIDERED IMPERMEABLE, WHERE
TOXIC FLUIDS CANNOT MIGRATE
VERTICALLY OR HORIZONTALLY. IN
REALITY, INJECTING THIS WASTE
CAN POSE A POTENTIAL CONDUIT
PATH FOR THE POLLUTION TO
MIGRATE INTO AQUIFERS USED FOR
DRINKING WATER. RESEARCH
DEMONSTRATES THIS CONCERN IN
MULTIPLE OIL FIELDS IN THE
SOUTHERN CALIFORNIA FROM CAT
CANYON OIL FIELD IN SANTA
BARBARA COUNTY TO POSO CREEK OIL
FIELD IN KERN COUNTY. THIS STUDY
IS DETERMINED NEURONS PERMEABLE
K¾T OF GEOLOGIC FORMATIONS,
UNCERTAIN FLOW PATHS, WELL
INTEGRITY ISSUES, AND
UNPREDICTABLE FAULTS AS FACTORS
THAT CAN CAUSE FLUID MIGRATION
AND POTENTIALLY CAUSE SERIOUS
HARM TO THE PUBLIC. THE
INFORMATION GATHERED THROUGH
PUBLIC DEMONSTRATES A NEED FOR
MORE RIGOROUS PUBLIC
ENVIRONMENTAL REVIEW THAT IS
MISSING IN THE CURRENT PROCESS
OF ACCEPTING AN AQUIFER FOR
INJECTION BY THE CALIFORNIA
GEOLOGIC ENERGY MANAGEMENT
DIVISION AND THE STATE WATER
RESOURCES CONTROL BOARD, SB 1304
ESTABLISHES REQUIREMENTS FOR
CONSIDERATION OF AN AQUIFER
EXEMPTION FOR AN UNDERGROUND
INJECTION WELL BY ENSURING AN
ENVIRONMENTAL REVIEW OF A
PROPOSAL IS COMPLETED BY THE
STATE WATER BOARD, INCLUDING A
PUBLIC HEARING REGARDING THE
PROPOSAL OR A DETERMINATION IS
MADE PURSUANT TO SEQUA AND STATE
AQUIFER EXEMPTION LAW PRIOR TO
REFERRAL TO THE US EPA,
REQUIRING A HIGHER LEVEL STATE
REVIEW AND AN IN-DEPTH
ENVIRONMENTAL ANALYSIS AND
PUBLIC PROCESS. ENSURES LOCAL
COMMUNITIES AND VULNERABLE
POPULATIONS ARE PROTECTED. THANK
YOU. RESPECTFULLY ASK FOR A VOTE
. THANK YOU SO MUCH, ANY PERSONS
HERE IN THE HEARING ROOM WHO
WOULD LIKE TO REGISTER THEIR
SUPPORT FOR THIS MEASURE?
MELISSA DON'T WORRY, DREW GOT
YOU, MELISSA ROMERO, CALIFORNIA
ENVIRONMENTAL VOTERS AND SUPPORT
. DO YOU HAVE ANY OPPOSITION TO
THIS MEASURE?
MR. CHAIR AND MEMBERS PAUL DIRO,
REPRESENTING WESTERN STATES
PETROLEUM ASSOCIATION. I DO
APOLOGIZE FOR RUINING THE
CONSENT MOOD THAT WE HAD. SO.
BUT WE, WE HAVE HAD A VERY GOOD
MEETING WITH THE AUTHOR'S STAFF
ON THIS. WE HAVE A COUPLE OF
FUNDAMENTAL ISSUES. SO WHEN WE
DRILL A WELL A MILE DOWN, WHAT
NORMALLY COMES UP IS, IS 90%
BRACKISH, SALINITY WATER AND 10%
HYDROCARBONS. SO WHEN WE GO
THROUGH AN AQUIFER EXEMPTION
PROCESS, IT IS NOT ONLY CAL JAM
AND THE WATER BOARD AND IT'S A
MULTI YEAR PROCESS. IT'S FEDERAL
EPA ULTIMATELY GIVING THE
APPROVAL TO THE AQUIFER
EXEMPTION. THE AQUIFER EXEMPTION
PROCESS DOES ONE THING. IT
DETERMINES WHETHER THE WATER
MIXED WITH THE HYDROCARBONS HAS
A POTENTIAL PUBLIC USE. DRINKING
WATER ÁP WATER, OR CAN IT BE
TREATED IF IT DOES HAVE A
POTENTIAL USE AS DETERMINED BY
THE WATER BOARD AND CAL JAM, YOU
MOVE ON. IF IT DOES NOT, YOU ARE
GRANTED AN AQUIFER EXEMPTION.
AND THE SECOND PROCESS IS WE
HAVE TO THEN GET A PERMIT FOR AN
UNDERGROUND INJECTION WELL,
WHICH IS APPROVED BY THE WATER
BOARD AND CAL JAM. DURING THAT
PROCESS, CEQA IS INCLUDED IN THE
REVIEW, SO YOU HAVE ONE PROCESS
THAT DETERMINES WHETHER THE
WATER CAN BE USABLE. YOU HAVE
ANOTHER PROCESS WHERE IT LOOKS
AT THE INTEGRITY OF THE WELL,
THE WELL, TRAVELING THROUGH
POTENTIAL GROUNDWATER AND THE
WELL TRAVELING ALL THE WAY DOWN
IN INTO THE HYDROCARBON ZONE,
FUNDAMENTALLY DIFFERENT. ONE
LAST POINT IS THERE IS ONE
SECTION IN THE BILL, SECTION
ONE, NUMBER FOUR, WHICH
PROHIBITS THE INJECTION OF
FLUIDS UNDERGROUND. WE BELIEVE
THAT IS WRITTEN SO BROAD THAT IT
CAN IMPACT AG WASTE
MANUFACTURERS, WASTEWATER, AND
EVEN THE INJECTION OF CARBON
PROHIBITING FUTURE CARBON
CAPTURE SEQUESTRATION PROJECTS.
THAT THAT IS AN ISSUE THAT THAT
THAT THAT IS FUNDAMENTAL. BUT
FOR ALL OF THOSE REASONS, AND I
APPRECIATE THE EXTRA TIME WE
OPPOSE THE BILL AND ASK FOR A NO
VOTE. THANK YOU. SIR. ANY OTHER
PERSONS IN THE HEARING ROOM WHO
WOULD LIKE TO REGISTER THEIR
OPPOSITION TO THIS BILL? CHAIR
MEMBERS DEAN TALLY WITH THE
CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSOCIATION OPPOSED,
UNLESS AMENDED. IN ALIGNING WITH
OUR COMMENTS FROM WISPA. THANK
YOU, THANK YOU. WE'LL NOW TURN
IT BACK TO COMMITTEE MEMBERS.
ANY QUESTIONS, COMMENTS,
CONCERNS FROM MEMBERS OF THE
COMMITTEE. SENATOR, WOULD YOU
LIKE TO CLOSE? I RESPECTFULLY
ASK FOR AN AYE VOTE. WE HAVE A
MOTION BY BAUER-KAHAN AND
FRIEDMAN BAUER-KAHAN. AND
SECOND, BY MISS FRIEDMAN, THIS
BILL ENJOYS A DUE PASS RECO FROM
THE CHAIR. MADAM SECRETARY, CAN
WE CALL THE ROLL? ITEM NUMBER
TWO, SB 1304. THE MOTION IS DUE.
PASS, AS AMENDED TO
APPROPRIATIONS. BRIAN. HI,
BRIAN. AYE, FLORA NÓ. FLORA NÓ
BARRETT. KHN BARRETT. KHN.
AYE. FRIEDMAN. FRIEDMAN. AYE.
HOOVER NO. HOOVER. NO. CHOLERA.
HI CHOLERA. AYE. MURATSUCHI.
MURATSUCHI AYE. PELLERIN. HI.
PELLERIN. AYE. WICKS. HI WICKS.
I WOULD, WOULD I? FILL THIS OUT.
GREAT. THANK YOU, THANK YOU
MADAM SECRETARY. CAN WE OPEN THE
ROLL FOR ABSENT MEMBERS? THIS IS
THE CONSENT FILE. YES. WHAT
WOULD I. THIS CONCLUDES TODAY'S
NATURAL RESOURCE COMMITTEE
HEARING.