New Regulations for Hydraulic Fracturing in California

California’s newest regulations for hydraulic fracturing are scheduled to go into effect January 1, 2015. These regulations are a result of Senate Bill No. 4 (SB-4), which was signed into law by Governor Jerry Brown on September 20, 2013. 

Fracking has been a controversial topic across the country due to the potential for groundwater contamination and for induced seismicity (causing small earthquakes). The new laws in California were passed with the intent of creating a regulated process that includes public involvement and notification before fracking occurs. The bill also requires the preparation of a statewide Environmental Impact Report persuant to CEQA that must be completed by July 15, 2015. A Notice of Preparation was released in November 2013, but no date for the release of the Draft EIR has been provided. 

What are the new regulations?

The second revision of the proposed regulations can be accessed at the California Department of Conservation website. Regulations include the following: 

  • A permit from the California Department of Conservation is required for hydraulic fracturing activities. Permits will include:
    • The location of the well
    • A water management plan that includes:
      • How much water will be used
      • A description of how and where the water from the well stimulation treatment will be recycled
      • A description of the anticipated disposal method of the waste water generated
      • The chemicals that are used in the process
  • Landowners and neighbors within 1,500 feet of the wellhead must be notified 30 days prior to hydraulic fracturing activities.
  • Property owners that were notified of hydraulic fracturing within 1,500 feet of their property may request water quality testing of their own wells before and after fracking.
  • Analysis of well stimulation treatment
  • Monitoring during well stimulation treatment operations

For a complete list of requirements, be sure to review the regulations