Today's Law As Amended


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AB-1323 Oil and gas: hydraulic fracturing.(2013-2014)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature in enacting this act to protect the public health and welfare, natural and environmental resources, and the economic value of private and public property in the state.
(b) The Legislature recognizes that hydraulic fracturing poses serious threats to California’s air, water, climate, environment, wildlife, and public health.
(c) The Legislature further recognizes that hydraulic fracturing is currently occurring in California with scarce monitoring or regulation and almost completely undisclosed to the people of the state.
(d) Although some potential impacts from hydraulic fracturing are currently under investigation by federal agencies, other states, and academic and research institutions, no independent and scientific investigations are being undertaken or have been completed in California to examine the risks to the state’s unique geologic, geographic, atmospheric, and environmental conditions and resources.
(e) There is scarce independent information, investigation, and analysis regarding the tools and mechanisms available to assess the risks and impacts of hydraulic fracturing and to protect the public health and welfare and the environmental resources from these impacts.
(f) The Legislature recognizes the immediate need to protect against, and prepare for, the emergencies and impacts related to hydraulic fracturing as well as the related activities that could range from small localized events to far-reaching disasters with complex consequences that could require the involvement and coordination among many agencies. Mechanisms to ensure funding, coordination, and equipment for response to these impacts are urgently needed to be identified and adopted.

SEC. 2.

 Section 3017 is added to the Public Resources Code, to read:

3017.
 “Hydraulic fracturing” means the injection of fluids or gases into an underground geologic formation with the intention to cause or enhance fractures in the formation, in order to cause or enhance the production of oil or gas from a well. Alternate terms include, but are not limited to, “fracking,” “hydrofracking,” and “hydrofracturing.”

SEC. 3.

 Section 3203.5 is added to the Public Resources Code, to read:

3203.5.
 Hydraulic fracturing is prohibited until the date that regulations adopted by the division regulating hydraulic fracturing take effect.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.