As 23ABC has reported, the Oil Well Setbacks Bill, SB 1137, which aims to keep new oil wells 3,200 feet away from homes, schools, and parks is now on hold. This means it will now be up to voters to decide in 2024 whether the bill will go into effect again.
But even though the law is no longer in effect some advocates are not happy with the state’s decision to continue approving these permits.
Over 550 oil drilling permits were approved across California in the first quarter of this year according to Fracktracker, which pulls data from the state Geologic Energy Management Division, known as Calgem. And while this is legal advocates say the drills in the setback zones will continue to affect people’s health. But those in the oil industry say there are already regulations in place.
“Regulators are going to review and potentially approve permits in conjunction with the local level, where potential setbacks are already in place," explained Kara Greene, a spokesperson with the Western States Petroleum Association. "So right now Californians and the oil industry are working with the laws that are on the books now.”
Nearly one in five Californians live within a mile of an active oil well according to Fractracker alliance data.
Stephanie Valenzuela with the Center for Race Poverty and the Environment and Liza Tucker with Consumer Watchdog say one group is targeted the most when it comes to having wells near their homes.
“We know that birth issues like low birth weight and pre-term births as well as respiratory issues are known to be caused by living near oil drilling,” said Valenzuela.
“Communities that are located there deserve to be protected from these devastating illnesses and of course, the majority of people who are exposed who live the closest to the wells are people who live in sometimes disadvantaged communities,” added Tucker.
But people in the oil industry say a lot of these wells have been in place for decades.
“If you’re an oil producer, you’re asking ‘why do the homes come so close to my oil wells,' not when am I going to put new ones, but why are the homes now here that we were here by ourselves before and now people have encroached on us,” said Chad Hathaway, owner of the oil company Hathaway LLC.
Senate Bill 1137, which is designed to prevent oil wells from being built within 3,200 feet of homes, schools, and parks, is now on hold.
The bill has passed a petition to go through a referendum and Hathaway says he believes this bill should not pass because the industry already has rules in place.
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“The previous practice was we have to mitigate for dust. We have to mitigate for gas. We have to trap our gasses. We’re one of the most regulated industries in the world, and these are all things that we are currently regulated for because of safety, because of pollutants, because of things like that.”
Fractracker Alliance says in Kern County 383 permits were issued in the first quarter of this year, adding 81 of those or 21 percent were within 3,200 feet of residences.
“On the governor’s part it's hypocritical because he’s publicly championed this bill and setbacks in general and to then have an agency under his authority go and approve almost 1,000 permits with most of them being in the setback zone, it's frustrating to hear,” said Valenzuela.
She adds even though the law is not in effect the state has halted permits before.
“We know that Calgem has the authority to do this because they’ve already stopped approving fracking permits on the basis of public health and climate concerns.”
Greene adds this law only hurts overall oil production.
“I think it's important that people know the oil industry has supported setbacks and they’re based on health and safety within a community. Kern County has setbacks, Ventura County has setbacks, but a one size fits all approach does not work for California.”
The law was only in effect for a month and will continue to be suspended until next year’s election.
