1. What does SB 1137 require?
Except under specified conditions, Senate Bill 1137 (Gonzalez and Limon, 2022)
prohibits the issuance of oil and gas permits and the construction and operation
of new production facilities within a Health Protection Zone (HPZ). An HPZ is
defined by the presence of residences, businesses open to the public, and other
sensitive receptors.
The law also establishes strict engineering controls to mitigate risks from existing
operations within the HPZ. It requires the California Air Resources Board (CARB),
the State Water Resources Control Board (Water Board), and the California
Geologic Energy Management Division (CalGEM) to develop regulations for
leak detection and response plans.
SB 1137 additionally requires operators to notify residents before conducting oil
and gas drilling operations within the HPZ. Operators must also offer water
sampling of wells and surface waters to residents prior to commencing drilling
operations.
2. What is a Health Protection Zone (HPZ)?
An HPZ is defined as the area within 3,200 feet of a sensitive receptor.
3. What is a sensitive receptor?
A sensitive receptor includes private and multi-unit residences and other types
of live-in housing, schools, universities, and parks, daycare centers, community
centers, healthcare facilities, and businesses that are open to the public.
4. What does SB 1137 require for oil and gas wells located within an HPZ?
CalGEM is prohibited from issuing permits in the HPZ, unless the permit is to plug
and abandon a well, is required by court order, or is necessary to prevent or
respond to a threat to public health, safety, or the environment.
When a permit is issued to repair a well, and the operation requires drilling out of
the existing wellbore, then the operator must notify residents of the HPZ of the
planned activities 30 days before drilling and offer water sampling of water wells
and surface waters.
Operators with existing wells and facilities must comply with forthcoming leak
detection and response plan requirements by 2030 or cease operations. The
leak detection and response plan will include a continuously operating
emissions detection system equipped with alarms to mitigate the risk of nearby
community members from being exposed to emissions from oil and gas
operations.
5. How does CalGEM oversee and enforce compliance with SB 1137?
CalGEM enforces requirements through permit evaluations and inspections.
Operators who violate the law can be subject to CalGEM orders requiring them
to undertake remedial work to mitigate or prevent hazards. Operators who fail
to comply with orders can be subject to administrative, civil, and criminal
penalties.
6. Is there a map of HPZs and if so, where can I find this map?
Interactive maps for health protection zones can be found at the Department
of Conservation’s GIS Mapping page
(www.conservation.ca.gov/calgem/maps). These maps represent CalGEM’s
ongoing analysis of sensitive receptor locations, which is not a definitive
depiction of the extent of HPZs for regulatory purposes. HPZs are dynamic as
sensitive receptors are added or confirmed to no longer be a sensitive receptor.
Operators seeking permits must affirmatively demonstrate they are not within
3,200 feet of a sensitive receptor or show their permit meets one of the narrow
exception requirements.
Additionally, if a member of the public believes that CalGEM’s HPZ map does
not include a sensitive receptor that currently exists, they can use this survey link
from the map to add a sensitive receptor for further investigation by CalGEM.
7. Does SB 1137 prevent local governments from issuing permits for
development within an HPZ?
No. SB 1137 prohibits CalGEM from issuing fossil-fuel related permits except under
narrow circumstances. It does not prevent local governments from issuing
permits for non-fossil fuel development. SB 1137 protects communities from
environmental and public health impacts of existing oil and gas production
facilities.
8. Does SB 1137 limit or restrict development within an HPZ?
SB 1137 does not restrict non-fossil fuel development within an HPZ.
An HPZ is defined by proximity to sensitive receptors, not the presence of oil and
gas wells or facilities. Any area in California within 3,200 feet of a sensitive
receptor is an HPZ. Most of the area covered by HPZs in California does not
include any oil and gas wells. Those HPZs that include oil and gas wells will be
safer due to the risk mitigations and fossil fuel permitting restrictions in SB 1137.
