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1 | + | Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2057Introduced by Assembly Member SalasFebruary 06, 2018An act to amend Section 3150 of the Public Resources Code, relating to oil and gas. An act to add Section 21080.23.5 to the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTAB 2057, as amended, Salas. Oil and gas: additive. California Environmental Quality Act: biogas pipelines: exemption.(1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA provides some exemptions from its requirements for specified projects, including for a project that consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined, if specified conditions are met.This bill would provide that, for purposes of that exemption, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, as the bill would define that term, and that meets the existing requirements for the exemption and all local, state, and federal laws. Because a lead agency would be required to determine the applicability of the exemption, the bill would impose a state-mandated local program.(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Fresno, Kern, Kings, and Tulare.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Division of Oil, Gas, and Geothermal Resources to regulate the drilling and operation of wells used for the purpose of producing oil and gas. Existing law defines various terms for those purposes, including additive.This bill would make nonsubstantive changes to that definition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21080.23.5 is added to the Public Resources Code, to read:21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the delivery of biogas in the Counties of Fresno, Kern, Kings, and Tulare. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.Section 3150 of the Public Resources Code is amended to read:3150.Additive means a substance or combination of substances added to a base fluid for purposes of preparing well stimulation treatment fluid that includes, but is not necessarily limited to, an acid stimulation treatment fluid or a hydraulic fracturing fluid. An additive may, but is not required to, serve additional purposes beyond the transmission of hydraulic pressure to the geologic formation. An additive may be of any phase and includes proppants. | |
2 | 2 | ||
3 | - | ||
3 | + | Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2057Introduced by Assembly Member SalasFebruary 06, 2018An act to amend Section 3150 of the Public Resources Code, relating to oil and gas. An act to add Section 21080.23.5 to the Public Resources Code, relating to environmental quality.LEGISLATIVE COUNSEL'S DIGESTAB 2057, as amended, Salas. Oil and gas: additive. California Environmental Quality Act: biogas pipelines: exemption.(1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA provides some exemptions from its requirements for specified projects, including for a project that consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined, if specified conditions are met.This bill would provide that, for purposes of that exemption, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, as the bill would define that term, and that meets the existing requirements for the exemption and all local, state, and federal laws. Because a lead agency would be required to determine the applicability of the exemption, the bill would impose a state-mandated local program.(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Fresno, Kern, Kings, and Tulare.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Division of Oil, Gas, and Geothermal Resources to regulate the drilling and operation of wells used for the purpose of producing oil and gas. Existing law defines various terms for those purposes, including additive.This bill would make nonsubstantive changes to that definition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
4 | 4 | ||
5 | - | ||
5 | + | Amended IN Assembly March 15, 2018 | |
6 | 6 | ||
7 | - | Amended IN Assembly April 16, 2018 | |
8 | 7 | Amended IN Assembly March 15, 2018 | |
9 | 8 | ||
10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
11 | 10 | ||
12 | 11 | Assembly Bill No. 2057 | |
13 | 12 | ||
14 | 13 | Introduced by Assembly Member SalasFebruary 06, 2018 | |
15 | 14 | ||
16 | 15 | Introduced by Assembly Member Salas | |
17 | 16 | February 06, 2018 | |
18 | 17 | ||
19 | - | An act to add | |
18 | + | An act to amend Section 3150 of the Public Resources Code, relating to oil and gas. An act to add Section 21080.23.5 to the Public Resources Code, relating to environmental quality. | |
20 | 19 | ||
21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
22 | 21 | ||
23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
24 | 23 | ||
25 | - | AB 2057, as amended, Salas. California Environmental Quality Act: biogas pipelines: exemption. | |
24 | + | AB 2057, as amended, Salas. Oil and gas: additive. California Environmental Quality Act: biogas pipelines: exemption. | |
26 | 25 | ||
27 | - | (1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA provides some exemptions from its requirements for specified projects, including for a project that consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined, if specified conditions are met. | |
26 | + | (1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA provides some exemptions from its requirements for specified projects, including for a project that consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined, if specified conditions are met.This bill would provide that, for purposes of that exemption, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, as the bill would define that term, and that meets the existing requirements for the exemption and all local, state, and federal laws. Because a lead agency would be required to determine the applicability of the exemption, the bill would impose a state-mandated local program.(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Fresno, Kern, Kings, and Tulare.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Division of Oil, Gas, and Geothermal Resources to regulate the drilling and operation of wells used for the purpose of producing oil and gas. Existing law defines various terms for those purposes, including additive.This bill would make nonsubstantive changes to that definition. | |
28 | 27 | ||
29 | - | (1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA provides some exemptions from its requirements for specified projects, including for a project that consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined, if specified conditions are met. | |
28 | + | (1) The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA provides some exemptions from its requirements for specified projects, including for a project that consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, as defined, if specified conditions are met. | |
30 | 29 | ||
31 | - | This bill would | |
30 | + | This bill would provide that, for purposes of that exemption, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, as the bill would define that term, and that meets the existing requirements for the exemption and all local, state, and federal laws. Because a lead agency would be required to determine the applicability of the exemption, the bill would impose a state-mandated local program. | |
32 | 31 | ||
33 | 32 | (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Fresno, Kern, Kings, and Tulare. | |
34 | 33 | ||
35 | 34 | (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
36 | 35 | ||
37 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
38 | 37 | ||
38 | + | Existing law requires the Division of Oil, Gas, and Geothermal Resources to regulate the drilling and operation of wells used for the purpose of producing oil and gas. Existing law defines various terms for those purposes, including additive. | |
39 | + | ||
40 | + | ||
41 | + | ||
42 | + | This bill would make nonsubstantive changes to that definition. | |
43 | + | ||
44 | + | ||
45 | + | ||
39 | 46 | ## Digest Key | |
40 | 47 | ||
41 | 48 | ## Bill Text | |
42 | 49 | ||
43 | - | The people of the State of California do enact as follows:SECTION 1. Section 21080.23.5 is added to the Public Resources Code, to read:21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
50 | + | The people of the State of California do enact as follows:SECTION 1. Section 21080.23.5 is added to the Public Resources Code, to read:21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the delivery of biogas in the Counties of Fresno, Kern, Kings, and Tulare. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.Section 3150 of the Public Resources Code is amended to read:3150.Additive means a substance or combination of substances added to a base fluid for purposes of preparing well stimulation treatment fluid that includes, but is not necessarily limited to, an acid stimulation treatment fluid or a hydraulic fracturing fluid. An additive may, but is not required to, serve additional purposes beyond the transmission of hydraulic pressure to the geologic formation. An additive may be of any phase and includes proppants. | |
44 | 51 | ||
45 | 52 | The people of the State of California do enact as follows: | |
46 | 53 | ||
47 | 54 | ## The people of the State of California do enact as follows: | |
48 | 55 | ||
49 | - | SECTION 1. Section 21080.23.5 is added to the Public Resources Code, to read:21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
56 | + | SECTION 1. Section 21080.23.5 is added to the Public Resources Code, to read:21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
50 | 57 | ||
51 | 58 | SECTION 1. Section 21080.23.5 is added to the Public Resources Code, to read: | |
52 | 59 | ||
53 | 60 | ### SECTION 1. | |
54 | 61 | ||
55 | - | 21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
62 | + | 21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
56 | 63 | ||
57 | - | 21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
64 | + | 21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
58 | 65 | ||
59 | - | 21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
66 | + | 21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws.(b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
60 | 67 | ||
61 | 68 | ||
62 | 69 | ||
63 | 70 | 21080.23.5. (a) For purposes of Section 21080.23, pipeline also means a pipeline located in the County of Fresno, Kern, Kings, or Tulare, that is used to transport biogas, and meeting the requirements of Section 21080.23 and all local, state, and federal laws. | |
64 | 71 | ||
65 | 72 | (b) For purposes of this section, biogas means natural gas that meets the requirements of Section 2292.5 of Title 13 of the California Code of Regulations and is derived from anaerobic digestion of dairy animal waste. | |
66 | 73 | ||
67 | - | ||
74 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the delivery of biogas in the Counties of Fresno, Kern, Kings, and Tulare. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
68 | 75 | ||
69 | - | (d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. | |
70 | - | ||
71 | - | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the delivery of biogas in the Counties of Fresno, Kern, Kings, and Tulare. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
72 | - | ||
73 | - | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the delivery of biogas in the Counties of Fresno, Kern, Kings, and Tulare. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
76 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the delivery of biogas in the Counties of Fresno, Kern, Kings, and Tulare. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
74 | 77 | ||
75 | 78 | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the delivery of biogas in the Counties of Fresno, Kern, Kings, and Tulare. | |
76 | 79 | ||
77 | 80 | ### SEC. 2. | |
78 | 81 | ||
79 | - | No reimbursement is required by this act pursuant to Section 6 of Article | |
82 | + | No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
80 | 83 | ||
81 | 84 | ||
82 | 85 | ||
83 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
84 | 86 | ||
85 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
86 | 87 | ||
87 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
88 | - | ||
89 | - | ### SEC. 3. | |
88 | + | Additive means a substance or combination of substances added to a base fluid for purposes of preparing well stimulation treatment fluid that includes, but is not necessarily limited to, an acid stimulation treatment fluid or a hydraulic fracturing fluid. An additive may, but is not required to, serve additional purposes beyond the transmission of hydraulic pressure to the geologic formation. An additive may be of any phase and includes proppants. |