Under existing law, the Geologic Energy Management Division in the Department of Conservation regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. Existing law specifies that the purposes of the provisions relating to oil and gas include protecting public health and safety and environmental quality, including reduction and mitigation of greenhouse gas emissions associated with the development of hydrocarbon and geothermal resources in a manner that meets the energy needs of the state.
This bill would instead specify that the purposes of the provisions relating to oil and gas include protecting public health and safety and environmental quality, preserving California's air, water, environment, and natural resources, and advancing the state's climate goals in a manner that meets the energy needs of the state, and that these provisions create a mandate to minimize harm from oil and gas operation activities.
Existing law requires the State Oil and Gas Supervisor to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production, so as to prevent damage to life, health, property, and natural resources, as provided; to permit owners and operators of wells to utilize all known methods and practices to increase the ultimate recovery of hydrocarbons; and to perform the supervisor's duties in a manner that encourages the wise development of oil and gas resources to best meet oil and gas needs in this state. Existing California Supreme Court case law holds that these provisions preempt certain local ordinances that ban certain oil production methods, as provided. Existing law provides that the laws relating to oil and gas regulation apply to any land or well situated within the boundaries of an incorporated city in which the drilling of oil wells is now or may hereafter be prohibited, as provided.
Existing law requires the operator of a well to file a written notice of intention to commence drilling with, and prohibits any drilling until approval is given by, the supervisor or district deputy. Existing law authorizes the supervisor to require other pertinent information to supplement the notice. Existing law requires an operator proposing to perform a well stimulation treatment to apply to the supervisor or district deputy for a permit to perform the well stimulation treatment and imposes other requirements and conditions on the use of well stimulation treatments.
This bill would authorize a local entity, as defined, by ordinance, to limit or prohibit oil and gas operations or development in its jurisdiction, as provided, notwithstanding any other law or any notice of intention, supplemental notice, well stimulation treatment permit, or similar authorization issued by the supervisor or district deputy. The bill would authorize these limitations or prohibitions to include, but not be limited to, limitations or prohibitions related to the methods and locations of oil and gas operations or development. If a local entity limits or prohibits oil and gas operations or development of an owner or operator, the bill would require that owner or operator to comply with existing rules related to plugging and abandoning wells, decommissioning attendant production facilities, and related measures, as provided.
This bill would state that its provisions are severable.

Statutes affected:
03/21/24 - Amended Assembly: 3011 PRC
06/19/24 - Amended Senate: 3011 PRC