Section 3161 - Effective date of regulations; activities allowed until regulations finalized and implemented(a) The division shall finalize the regulations governing this article on or before January 1, 2015. Notwithstanding any other laws, the regulations shall become effective on July 1, 2015.(b) The division shall allow, until regulations specified in subdivision (b) of Section 3160 are finalized and implemented, and upon written notification by an operator, all of the activities defined in Section 3157, provided all of the following conditions are met: (1) The owner or operator certifies compliance with paragraph (2) of subdivision (b) of, paragraphs (1), (6), and (7) of subdivision (d) of, and paragraph (1) of subdivision (g) of, Section 3160.(2) The owner or operator shall provide a complete well history, incorporating the information required by Section 3160, to the division on or before March 1, 2015.(3)(A) The division commences the preparation of an environmental impact report (EIR) pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), to provide the public with detailed information regarding any potential environmental impacts of well stimulation in the state.(B) Any environmental review conducted by the division shall fully comply with both of the following requirements: (i) The EIR shall be certified by the division as the lead agency, no later than July 1, 2015.(ii) The EIR shall address the issue of activities that may be conducted as defined in Section 3157 and that may occur at oil wells in the state existing prior to, and after, January 1, 2014.(C) This paragraph does not prohibit a local lead agency from conducting its own EIR.(4) The division ensures that all activities pursuant to this section fully conform with this article and other applicable provisions of law on or before December 31, 2015, through a permitting process.(c) The division has the emergency regulatory authority to implement the purposes of this section. Notwithstanding Section 11349.6 of the Government Code or other laws, an emergency regulation adopted pursuant to this subdivision implementing subdivision (b) shall be filed with, but shall not be disapproved by, the Office of Administrative Law, and shall remain in effect until revised by the director or July 1, 2015, whichever is earlier.(d) This section does not limit the authority of the division to take appropriate action pursuant to subdivision (a) of Section 3106.Ca. Pub. Res. Code § 3161
Amended by Stats 2014 ch 35 (SB 861),s 131, eff. 6/20/2014.Added by Stats 2013 ch 313 (SB 4),s 2, eff. 1/1/2014.