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.