3203.5.
(a) For purposes of this section, the following definitions apply:(1) “Health protection zone” means the area within 2,500 feet of a sensitive receptor, or a greater distance set by a city, a county, or the division.
(2) “Sensitive receptor” means any of the following:
(A) A residence, including a private home, condominium, apartment, and living quarter.
(B) An education resource, including a preschool, school maintaining kindergarten or any of grades 1 to 12, inclusive, daycare center, park, and playground.
(C) A community resource center, including a youth center.
(D) A health care facility, including a hospital, retirement home, and nursing home.
(E) Live-in housing, including a long-term care hospital, hospice, prison, detention center, and dormitory.
(F) Any other location determined to be a sensitive receptor by an air pollution control district or an air quality management district or the State Air Resources Board pursuant to Section 42705.5 of the Health and Safety Code.
(b) Except as provided in subdivision (c), and notwithstanding any other law, commencing January 1, 2023, the division shall not issue any new or modified permit related to oil and gas wells or production facilities
within a health protection zone except for repairs, integrity testing, monitoring activities, plugging and abandoning wells, and maintenance activities necessary to prevent an emergency.
(c) (1) If a court determines that the application of subdivision (b) results in a taking of private property of an operator of an oil or gas well or a production facility, the supervisor may grant a variance to the operator after a 30-day public comment period and a public hearing to determine appropriate conditions of the variance.
(2) (A) A variance shall be limited to the minimum reduction in the health protection zone, the minimum amount of time, and the minimum oil and gas development or enhancement activity necessary to avoid an unconstitutional taking of private property.
(B) If a
variance is granted under this subdivision, the operator of the oil or gas well or production facility shall do all of the following:
(i) Have safety devices, as described in Section 1724.3 of Title 14 of the California Code of Regulations, installed and maintained in operating condition.
(ii) Demonstrate to the applicable air pollution control district or air quality management district that any air quality and odor impacts associated with oil and gas development have been mitigated to the extent technologically feasible. To the extent technologically feasible, mitigation shall occur onsite.
(iii) Provide an individual indemnity bond sufficient to pay the full cost of properly plugging and abandoning the operator’s well or wells, and decommissioning any attendant production facilities, within the variance. The
division shall determine the amount of the individual indemnity bond in accordance with, and to the maximum extent authorized in, Section 3205.3. The operator’s blanket indemnity bond authorized pursuant to Section 3205 shall not be used to satisfy this clause.
(d) The division may prescribe, adopt, and enforce any emergency regulations as necessary to implement, administer, and enforce its duties under this section. Any emergency regulation prescribed, adopted, or enforced pursuant to this section shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding
any other law, the emergency regulations adopted by the division may remain in effect for two years from adoption, unless amended by the division.
(e) This section does not prohibit a city or county from adopting a larger health protection zone or otherwise regulating, limiting, or prohibiting oil and gas development. If a city or county adopts an ordinance increasing the distance of a health protection zone, an operator of an oil or gas well or a production facility seeking a variance pursuant to subdivision (c) shall obtain applicable variances from both the division and the city or county.
(f) This section does not diminish the authority of the supervisor to establish a health protection zone larger than 2,500 feet.
(g) This section shall not apply to permits, approvals, or authorizations lawfully issued by the
division before January 1, 2023, and that are in compliance with all local laws and applicable requirements for the duration of the permit, approval, or authorization. This section does not diminish or alter the authority of the supervisor to deny, revoke, or suspend permits to meet the division’s duty to protect public health and safety and environmental quality, including reduction and mitigation of greenhouse gas emissions, or to prevent, as far as possible, damage to life, health, property, natural resources, or underground and surface waters suitable for irrigation or domestic purposes.
(h) This section shall become operative on July 1, 2022, only if by that date the division has not promulgated a final rule that creates a health protection zone of at least 2,500 feet and the division shall not issue any new or modified permit related to oil and gas wells or production facilities within the health protection zone except for repairs,
integrity testing, monitoring activities, plugging and abandoning wells, and maintenance activities necessary to prevent an emergency.