Two years ago, California legislators passed a law requiring a 3,200 foot setback between new oil and gas wells and community areas like neighborhoods and schools.
Prior to its passage, 鈥渂uffer zones鈥� or setbacks between wells and community areas varied in different parts of California, with many areas having no setbacks at all. Advocates said the law would help prevent health issues caused by living near leaking wells.
But after oil and gas industry leaders pushed back, until November, when voters will decide whether or not to keep it.
Advocates of the original law have turned their attention to new bills in the hopes of taking steps to address health concerns tied to living near wells in the meantime. Kyle Ferrar, the western program director at the advocacy nonprofit , described the bills as a direct response to the paused law.
鈥淚f a setback rule had been in place and had been instituted to protect communities, we wouldn't be having these current fights over these current bills,鈥� Ferrar said. 鈥淚 think the communities are going to keep fighting until the public health protections that they need are put into place.鈥�
Those efforts include support for two bills related to setbacks, and .
If passed, the first bill would hold oil and gas well operators liable if a person living within 3,200 feet of a well experiences a negative health impact linked to it. The latter bill would require the state to identify all low-producing wells that have operated for over two years within 3,200 feet of a community and begin fining their owners $10,000 a day until the well is plugged and abandoned.
Jamie Court is the president of the nonprofit organization , which is sponsoring both bills. He agreed with Ferrar on part of the reason for the existence of the bills.
鈥淭hese bills would not be here but for the fact that the drillers are fighting the setback law,鈥� he said.
If the bill related to health impacts and liability is made law, Court said the onus would be on well operators to prove they used the best-available pollution control technology in an effort to mitigate health impacts, or that the impacts came from another source. He said this approach helps impacted people avoid having to prove their issues came from a well, which can be a near-impossible task.
鈥淚f the driller is going to drill and they're not investing in preventing leaks, then they are going to be liable anytime someone gets cancer, a prenatal defect or has a severe respiratory problem,鈥� he said. 鈥淭hey can be liable for up to a million dollars.鈥�
Other bills addressing well concerns include , which would require all well operators to plug 10% of their idle wells a year. For bigger operators, like Chevron, that percentage would go up to 20%. The bill seeks to replace existing law which requires well owners to pay an annual fee for their idle wells.
Hollin Kretzmann, an attorney for the environmental nonprofit , said other states like West Virginia already have similar laws set up around plugging wells. This bill is among those that his organization is supporting.
鈥淲hile it's the financial and legal responsibility of those oil companies to properly plug and abandon their wells, the reality is that they leave them sitting idle for years if not decades,鈥� Kretzmann said. 鈥淎nd in the meantime, those wells are endangering nearby communities.鈥�
These efforts have not gone unnoticed by oil and gas companies. Last week, that Chevron and the Western States Petroleum Association spent $5.5 million during the first quarter of 2024 on lobbying efforts related to issues addressed by these bills.
Kretzmann said the opposition doesn鈥檛 come as a surprise.
鈥淲e鈥檝e expected opposition all along,鈥� Kretzmann said. 鈥淵ou can count on the oil industry to push back and try to peel off political support for what should be a no-brainer 鈥� protecting our climate and our communities from pollution.鈥�
Kevin Slagle, a WSPA spokesperson, said it鈥檚 not unusual for bills to target these issues, but said he鈥檚 seen a little more than usual this year. And overall, he said it鈥檚 a significant year for the industry with upcoming updates to the as well as its He said he expects these changes will impact how the oil and gas industry operates, along with gas prices.
鈥淎 lot of concern, a lot of interest and probably a very significant year as we look ahead,鈥� he said.
He added that WSPA is not involved in efforts related to the paused 2022 law.
鈥淎ny lobbying efforts around production issues or setbacks is only in trying to understand that law and how it may be implemented moving forward, not in trying to repeal it or stop it,鈥� Slagle said.
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