From Citizens Coalition For a Safe Community: 800ccsc@...
Immediate Action Needed
Contact Appropriations Committee Before May 15th
Citizens Coalition for a Safe Community
URGENT ACTION NEEDED NOW
Assemblymember Holly Mitchell's
Hydraulic Fracturing Moratorium Bill AB 1323
Action Needed before May 15th
Please take the time to call, fax and email the following Assembly
Appropriations Committee members offices indicating your support for AB1323
immediately before the hearing date of May 15th.
b_VLSTw=> Interactive List of Committee Members
This list will make contact easier for you simply link, paste and send.
Possible Email/FAX/Letter Content Below
I support AB 1323 which places a moratorium on hydraulic fracturing until a
proper study with all agencies and industry and independent experts is
This is the proper way to proceed given the associated risks with this
highly industrial process.
Hydraulic fracturing has the potential to threaten public health, increase
seismicity, contaminate and deplete our aquifers, pollute our air and ground
water and damage property. Hard evidence does exist that all of these
negative impacts have happened in states where high volume HF has taken
California is one of the most seismically active areas of the United States,
a British Columbia governmental study in the Horn River Basin determined
that earthquakes were the direct result of hydraulic fracturing operations
not waste disposal as with those studies done in the USA.
Oil production corporations have plans to expand old operations in densely
populated urban areas in the Los Angeles Basin as well exploit new rural
California wilderness using hydraulic fracturing to stimulate unconventional
sources of oil and gas.
These risk to the public and our commons are not acceptable, especially when
industry SEC 10K statements include "horizontal and deep drilling activities
involve greater risk of mechanical problems than vertical and shallow
drilling operations" and "Operating hazards, natural disasters or other
interruptions of our operations could result in potential liabilities, which
may not be fully covered by our insurance."
I remind you that an energy company's $9,000,000,000 swindle is responsible
for California's continuing budget issues, let us also not forget the public
costs/losses in the Gulf incurred by the BP Macondo well disaster.
Please approve AB1323 Protect California and Californians allow it to be
heard and voted on by the entire California Assembly.
Your action has the potential to make this beautifully crafted moratorium
bill , AB 1323, a needed protective reality for all Californians.
Take Action Now!
Oil and gas: hydraulic fracturing.
(1) Under existing law, the Division of Oil, Gas, and Geothermal Resources
in the Department of Conservation regulates the drilling, operation,
maintenance, and abandonment of oil and gas wells in the state. The State
Oil and Gas Supervisor supervises the drilling, operation, maintenance, and
abandonment of wells and the operation, maintenance, and removal or
abandonment of tanks and facilities related to oil and gas production within
an oil and gas field regarding safety and environmental damage. Existing law
requires an operator of a well, before commencing the work of drilling the
well, to obtain approval from the State Oil and Gas Supervisor or a district
deputy. Violation of these provisions is a misdemeanor. This bill would
define "hydraulic fracturing" in oil and gas operations and would prohibit
hydraulic fracturing until the completion of a report, as specified, and a
determination is made that hydraulic fracturing can be conducted without a
risk to the public health and welfare, environment, or the economy of the
state. The bill would also express the intent of the Legislature to, among
other things, protect the public health and welfare, natural and
environmental resources, and economic interest of the state. (2) Existing
law establishes the Natural Resources Agency consisting of various entities,
departments, and boards. Existing law also establishes the California
Environmental Protection Agency consisting of various entities, departments,
and boards. This bill would require the Secretary of the Natural Resources
Agency and the Secretary for Environmental Protection to (A) convene an
advisory committee, by July 1, 2014, to develop a report relating to
hydraulic fracturing, as specified; (B) to complete the report on or before
January 1, 2016, and provide a copy to the Governor and the Legislature on
or before that date; and (C) to make a determination, as specified, not
later than January 1, 2019, as to whether and under what conditions
hydraulic fracturing is permitted within the state. This bill would prohibit
hydraulic fracturing, the violation of which would be a misdemeanor. By
creating a new crime, the bill would impose a state-mandated local program.
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. Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes. The people of the State of California do
enact as follows:
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 all of the following
requirements are met: (a) (1) By July 1, 2014, the Secretary of the Natural
Resources Agency and the Secretary for Environmental Protection shall
convene an advisory committee to develop a report, based on the best
scientific information available, relating to hydraulic fracturing. The
advisory committee shall include two representatives from each of the
(A)The California Environmental Protection Agency.
(B) The Natural Resources Agency.
(C) The State Department of Public Health.
(D) Environmental justice organizations.
(E) The agriculture industry.
(F) The oil and gas industry.
(G) Two academic researchers with experience in hydraulic fracturing issues.
(H) Water agencies.
(2) The advisory committee shall address specific issues related to
hydraulic fracturing in the report, which shall include, but is not limited
to, all of the following: (A) A description of hydraulic fracturing, and
other enhanced oil and gas recovery techniques. (B) All potential health and
environmental impacts related to hydraulic fracturing, including, but not
limited to, all of the following:
(i) The handling and disposition of produced water or wastewater.
(ii) Contamination of groundwater or surface water.
(iii) The supply and sources of water used in hydraulic fracturing and its
impact on the state, regional, and local water supply.
(iv) Air quality impacts, including, but not limited to, particulate and
volatile organic compound and methane releases.
(v) Impacts on climate change and emissions of greenhouse gases, including
the goals set in the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and Safety
(vi) The potential for migration of gases and fluids through geologic
(vii) The potential for generating seismic activity, both as a result of
increased hydraulic fracturing and the disposal of produced wastewater into
underground injection wells.
(viii) The use, handling, and accidental spill of chemicals used in
hydraulic fracturing. (ix) Impacts on endangered species and their habitat.
(C) All potential economic impacts of increased hydraulic fracturing
operations and other enhanced oil and gas recovery methods in the state.
(D) All potential effects on communities most likely to be negatively
affected by the impacts of hydraulic fracturing.
(E) A review of the regulations affecting hydraulic fracturing and an
analysis of whether these are adequate to address the issues identified in
this report. (F) Recommendations for emergency planning and mechanisms
necessary to ensure adequate and fully funded responses to emergencies
related to hydraulic fracturing operations.
(G) Recommendations for regulatory and statutory changes needed to address
the issues covered in the report.
(b) Prior to finalizing the report, the Secretary of the Natural Resources
Agency and the Secretary for Environmental Protection shall seek independent
peer review by persons of the scientific and academic community commonly
acknowledged to be experts on the subjects under consideration and
possessing the knowledge and expertise to critique the scientific validity
of the report.
(c) A draft of the final report shall be made available for public comment
for a period of no less than 120 days.
(d) The final report shall be completed on or before January 1, 2016, and a
copy shall be provided to the Governor and the Legislature by the Secretary
of the Natural Resources Agency and the Secretary for Environmental
Protection on or before that date.
(e) Upon completion of the report, the Secretary of the Natural Resources
Agency and the Secretary for Environmental Protection shall make a
determination not later than January 1, 2019, as to whether, and under what
conditions, hydraulic fracturing is permitted within the state. The
determination shall be made only after measures are in place to ensure that
any activities related to hydraulic fracturing do not pose a risk to the
public health and welfare, environment, or economy of the state.
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
Citizens Coalition for a Safe Community
4209 Jackson Avenue
Culver City, California 90232
[Non-text portions of this message have been removed]