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AB-2828 Waste discharge requirements: produced water: oil and gas operations.(2017-2018)

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Date Published: 04/18/2018 04:00 AM
AB2828:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2018
Amended  IN  Assembly  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 2828


Introduced by Assembly Member Friedman

February 16, 2018


An act to add Section 13263.8 to the Water Code, relating to water quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 2828, as amended, Friedman. Waste discharge requirements: produced water: oil and gas operations.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13263.8 is added to the Water Code, to read:

13263.8.
 (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 council’s 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.