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An oil pumpjack is in situated between houses on La Mirada Drive in this file photo from April 2022.
An oil pumpjack is in situated between houses on La Mirada Drive in this file photo from April 2022.
California's main oil regulatory agency acted Monday to expedite a new law establishing a 3,200-foot buffer between petroleum production sites and sensitive sites, despite an industry-funded referendum that was expected to delay the new rules.
The state Geologic Energy Management Division called for an emergency order that would impose the terms of State Bill 1137 no later than Jan. 7. The agency said it will file for a review by the Office of Administrative Law to begin as soon as Dec. 28.
It follows last week's announcement that a disputed, industry-sponsored petition drive had turned in about 50 percent more signatures than needed to put a referendum on the November 2024 ballot asking voters whether to uphold SB 1137. The expectation was that, if enough of those signatures were officially verified, the law wouldn't take effect for almost two years.
"We are aware of the referendum effort to repeal this legislation," a CalGEM representative said by email. "As we await verification of whether that measure has qualified, we have a responsibility to move ahead with implementation of the law.”
The agency did not respond to questions about its announcement Monday. But on Tuesday, a day after The Californian's deadline, it replied by email to say that if the referendum ultimately qualifies, "both SB 1137 and the emergency regulations issued pursuant to that bill would be suspended."
CEO Rock Zierman of the California Independent Petroleum Association said by email the state's authority to initiate an emergency order is derived from SB 1137, which he noted is not scheduled to take effect until next month. He said the law will be stayed this week, assuming the referendum signatures get confirmed.
"What (CalGEM officials) are doing is illegal," Zierman wrote.
A spokesman for another industry trade group, the Western States Petroleum Association, said by email CalGEM's proposal looks "a lot like a work-around for the CIPA 1137 referendum."
But a representative of Gov. Gavin Newsom's office, Alex Stack, said early Tuesday evening the emergency order was part of SB 1137 and not intended to subvert the industry referendum.
Beyond establishing a 3,200-foot buffer zone around sensitive sites including schools and churches, SB 1137 would forbid well deepening and reworks, and it would impose pollution controls on existing wells within the zone. It would also restrict noise, light and dust while mandating new testing and paperwork.
Scientific research has linked proximity to oil and gas wells and health problems such as adverse birth outcomes, heart disease and respiratory diseases including asthma.
SB 1137 was introduced after a state rule-making process on oil field buffers stalled with no explanation by CalGEM. The agency, which was overseeing the create of the rule, has refused to say why the process stalled.
Then, in the final days of the last legislative session, Gov. Gavin Newsom joined lawmakers to build enough support to pass the bill.
Coalition Coordinator Kobi Naseck with VISION, an environmental justice group that has helped lead the fight for the oil buffer, said in an email statement that residents living near oil operations need "immediate and permanent protections" from nearby drilling.
"This emergency rule-making is a strong signal that CalGEM is preparing to carry out its mission to protect public health in the short term," Naseck wrote. "The agency should further take advantage of this moment to continue its long-delayed public health rule-making, which will guarantee permanent protections for all. We need a regulator who will prioritize our health and environmental justice over Big Oil lies.”
The state's announcement Monday opens a window for public comment on the emergency order. Anyone wishing to comment on it would need to send comments by Jan. 3 to the state Department of Conservation, which is CalGEM's parent agency, or to the Office of Administrative Law.
Such comments should reference the action as "SB 1137 First Emergency Implementation Regulations / Notice of Proposed Emergency Rulemaking Action."
Anyone directing comments to the Office of Administrative Law should mail them to the OAL Reference Attorney, 300 Capital Mall, Suite 1250, Sacramento, CA 95814. Alternatively, comments may be emailed, using the same reference information, to staff@oal.ca.gov.
Otherwise, comments may be sent to the Department of Conservation at 715 P Street, MS 1907, Sacramento, CA 95814, Attn: SB 1137 Health Protection Zones. Email is also an option, using CalGEM's email address: calgemregulations@conservation.ca.gov.
Editor's note: This story was amended Dec. 20 to reflect a late response by CalGEM. The story was changed again later that day, along with the headline, after new information arrived from the governor's office.
A California oil trade group announced Tuesday it has gathered more than enough signatures to put a referendum on the November 2024 ballot ask…
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Recovered and Presumed Recovered Residents: 290,826
Percentage of all cases that are unvaccinated: 71.62
Percentage of all hospitalizations that are unvaccinated: 83.20
Source: Kern County Public Health Services Department