Update (February 3, 2023): The provisions of SB 1137 have been suspended, see the related Notice to Operators (NTO 2023-03).
Update (January 6, 2023): The requirements established by Senate Bill 1137 (Gonzalez, Chapter 365, Statutes of 2022), adding Public Resources Code sections (PRC) 3280 through 3291, went into effect January 1, 2023. On January 6, 2023, CalGEM's emergency regulations to support implementation of these requirements were approved by the Office of Administrative Law (OAL), filed with the Secretary of State and made effective the same day. For information on compliance, please see the Compliance Assistance section below. More detailed information on the regulations can be found here .
Operator Compliance Assistance
All operators are required to comply with the provisions established by Senate Bill 1137 and the SB 1137 First Emergency Implementation Regulations. Failure to do so may result in enforcement action. To assist operators with compliance, below operators can find resources and additional guidance.
In addition, CalGEM has created a template and examples of some of the newly required additional information that must be submitted with NOIs in order to provide assistance meeting the new requirements:
Operators can direct questions regarding implementation to:
SB1137Implementation@conservation.ca.gov.
Background
Recognizing the importance of supporting California’s clean energy transition and protecting California communities, Governor Gavin Newsom partnered with legislative leaders to pass a package of climate legislation—including Senate Bill 1137 (SB 1137).
On September 16, 2022, Governor Gavin Newsom signed SB 1137 (Gonzalez, Chapter 1, Statutes of 2022) into law. This bill prohibits the issuance of well permits and the construction and operation of new production facilities within a health protection zone of 3,200 feet from a sensitive receptor. In addition, the bill establishes strict engineering controls to be implemented by existing operations within the health protection zone.
Past Meetings
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SB 1137 Implementation Public Workshop (November 2022)
Timeline of Key Requirements
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January 1, 2023
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CalGEM will cease to approve well permits within a Health Protection Zone, unless it is necessary to prevent or respond to a threat to public health, safety, or the environment, or to comply with a court order finding that denying approval would amount to a taking of property.
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Operators are prohibited from constructing or operating new production facilities in a Health Protection Zone unless associated with an approved well permit or as determined by the division to protect health and safety.
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July 1, 2023
- All operators must submit an inventory and map of sensitive receptors, and a determination as to whether their wellheads and production facilities are located in a Health Protection Zone.
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January 1, 2025
- All wells and facilities within a health protection zone must be in compliance with specific health, safety, and environmental requirements.
- Operators must develop and submit leak detection and response plans to CalGEM for approval.
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January 1, 2026
- CalGEM approval of the leak detection response plan.
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January 1, 2027
- Operators shall suspend all production and injection operations within a Health Protection Zone unless an approved leak detection and response plan is fully implemented. Operators are required to update its plan every five years.
- Operators are required to begin annual reporting on the results of their leak detection and response plan, baseline water testing.
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July 1, 2027
- CalGEM to provide legislative reports to applicable budget and policy committee on implementation of the Health Protection Zone.
Contact
