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AB-937 Waste discharge requirements: produced water: oil and gas operations.(2019-2020)

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Date Published: 02/20/2019 09:00 PM
AB937:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 937


Introduced by Assembly Member Robert Rivas

February 20, 2019


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


LEGISLATIVE COUNSEL'S DIGEST


AB 937, as introduced, Robert Rivas. 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 requirement for the use or reuse of produced water from an oil and gas operation for agricultural purposes or for groundwater recharge, only if, after a public hearing, 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 may approve a waste discharge 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, 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, 2020, 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.