State legislation designed to outlaw fracking moves through state Senate

A bill that would place a moratorium on the practice of hydraulic fracturing has made its way through several committees in the state Senate.

Assemblywoman Betsy Butler (D- Marina del Rey) is the sponsor of Assembly Bill 972.

“Far too much remains unknown today as it relates to fracking in California,” Butler stated in testimony on June 26 before the Senate Natural Resources Committee. “The very entity tasked with overseeing the drilling of oil wells in the state has been unable to produce information as to the extent of fracking taking place today.”

Hydraulic fracturing, commonly known as fracking, is an energy production technique used to obtain oil and natural gas in areas where those energy supplies are trapped in rock and sand formation.

“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 proposed bill states.

“This bill would, until regulations governing hydraulic fracturing have been adopted, prohibit the supervisor and the district deputy from approving the drilling of a well in which hydraulic fracturing, as defined, is used or is proposed to be used in the production of oil and gas. This bill would define, among others, the terms hydraulic fracturing fluid and proppants.”

AB 972 also passed the Senate Environmental Committee on July 2.

The Culver City Council voted to send a resolution to state regulators on July 2 urging them to ban the oil exploration procedure.

Some Culver City residents who live near the Inglewood Oilfield in Baldwin Hills say the assemblywoman’s bill does not address what they consider to be some of the most important side effects of fracking.

Suzanne DeBenedittis, who is a member of an ad hoc group of residents pushing the state for an outright ban on fracking, finds Butler’s proposed bill lacking.

“I don’t think it goes far enough,” she said.

DeBenedittis thinks AB 927 is being pushed through the various legislative committees too quickly without considering what she and others feel fracking does to infrastructure and water supplies.

“What’s the rush?” she asked.

DeBenedittis and others have been critical of Plains, Exploration and Production, a Texas –based oil and gas company that is operating in Baldwin Hills. They accuse PXP of being insensitive to their concerns regarding safety and potential disasters in the oilfield.

Councilman Jim Clarke takes a slightly different view of AB 972. “I think it’s a good start,” Clarke said.

The councilman thinks Butler’s bill will get the attention of state regulators at DOGGR and draw attention to the practice of fracking.

“(AB 927) might end up becoming modified if DOGGR ends up approving regulations later this year,” he said. “What happens if DOGGR comes up with regulations and we feel that they’re not sufficient?”

Butler’s office calls fracking a “dangerous oil or natural-gas mining technique” and said it has been linked to high levels of radioactivity in wastewater and other toxic effects. The bill ensures that no new fracking takes place in California until the process is regulated.

“AB 972 seeks to eliminate the danger inherent in the unknown, by placing a moratorium on fracking in California,” Butler said. “This moratorium would last until the Department of Oil, Gas and Geothermal Resources implements regulations that will guarantee the safety of the public and allow us to gauge the potential health and environmental impacts of this practice.”

Similar bills that targeted certain aspects of fracking have been unsuccessful. Assembly Bill 591, sponsored by Assemblyman Bob Wieckowski (D-Fremont) last year would have required oil and gas firms to make public the names of the chemicals by posting them on DOGGR’s website.

AB 591 would have also required the operator of an oil well to file an application before initiating drilling and would require additional information to be included in the application, including data regarding the chemicals, if any, that the operator intends to bring onsite for purposes of injecting into the well.

And Senate Bill 1054 by state Sen. Fran Pavely (D- Malibu) would requires well owners and operators to notify neighbors before undertaking drilling or fracking operations.

The bill was refused passage after three readings on May 31.

New York and New Jersey have four and one year moratoriums, respectively, on the controversial oil extraction procedure. Vermont has outlawed fracking.

“The Department of Conservation does not have a position on AB 972,” said Ed Wilson, the department’s communications director.

Clarke said it was critical that he and his council colleagues gather as much accurate data as possible before they discuss a ban with the city’s state representatives, Assemblywoman Holly Mitchell (D- Culver City) and state Sen. Curren Price (D- Culver City).

Mitchell is a co-author of AB 972.

“It’s not enough to send a resolution to Sacramento. We need an education program and we need to be able to identify what the situation is here in Culver City,” he said.

“I’m not that concerned about what’s happening in Pennsylvania or New York.”

Clarke said having solid scientific data was also critically important.

“We’ve heard a lot of accusations about earthquakes and water contamination,” he noted. “We need to know what the real impacts (for Culver City) are.”

The Culver City Unified School District’s Board Of Education will consider a resolution similar to the city’s on July 24.

AB 972 now moves to the Senate Appropriations Committee.