1. (a) If a notice of intention submitted under Public Resources Code section 3203 is for a well with a wellhead that is not within a Health Protection Zone, then the operator shall provide a statement to that effect and all the supporting information and explanation described in Section 1765.9, subdivision (a), upon which the operator based its determination. The Division will not approve the notice of intention unless the operator has confirmed, and the Division has verified that the wellhead location is not within a Health Protection Zone.

2. (b) If a notice of intention submitted under Public Resources Code section 3203 is for a well with a wellhead that is within a Health Protection Zone, then the operator shall include the following:

   1. (1) Identification of a sensitive receptor within 3200 feet of the wellhead. Information regarding the sensitive receptor shall be provided in a sensitive receptor inventory in accordance with Section 1765.7 and a sensitive receptor map in accordance with Section 1765.8.
   2. (2) A New Production Facility Notice in accordance with Section 1765.5 and Section 1765.5.1 if production facilities are proposed to be newly constructed or newly operated in association with the notice of intention.

   3. (3) A statement of the basis for approving the notice of intention under:

      1. (A) Public Resources Code section 3281, subdivision (a) or
      2. (B) Public Resources Code section 3281.5, as applicable.

3. (c) If a notice of intention submitted under Public Resources Code section 3203 is for a well with a wellhead that is within a Health Protection Zone, and the basis for approving the proposed operations is to prevent or respond to a threat to public health, safety, or the environment, then the operator shall include the following:

   1. (1) A description of the threat to public health, safety, or the environment.
   2. (2) A description and characterization of the magnitude of the risks and harms associated with the threat, including the likely populations or protected resources that may be affected.
   3. (3) Discussion of the timeframe of the threat, including potential short- and long-term impacts of the threat.
   4. (4) An explanation of how the proposed operations will reduce or eliminate the threat.
   5. (5) Any data or engineering studies demonstrating the existence of the threat and the magnitude of potential harms, including any relevant well test results, pressure test results, mechanical integrity logs, cement bond logs, and any other relevant documentation.
   6. (6) Discussion of any potential alternative approaches to address the threat and reasons why the alternatives are less effective or not necessary to address the threat.
   7. (7) Any other information requested by the Division to evaluate the threat to public health, safety, or the environment, and the proposed operations responding to the threat.
4. (d) The Division may waive some or all requirements of subdivision (c) for work to comply with existing regulation, ordered by the Division, or otherwise determined by the Division to be necessary to respond to or prevent a threat to public health, safety, or the environment if the Division determines that it has information and documentation necessary to evaluate the threat and proposed operations.
5. (e) If a notice of intention submitted under Public Resources Code section 3203 is for a well with a wellhead that is within a Health Protection Zone and the planned work involves drilling, then the operator shall comply with Section 1765.4 and Section 1765.4.1 neighbor notification and water sampling and testing requirements unless waived by the Division.
6. (f) The requirements of this section do not apply to a notice of intention to plug and abandon or reabandon a well or to drill an intercept well necessary to plug and abandon or reabandon a well. The requirements of this section are in addition to and do not replace the requirements for a notice of intention under any other statute or regulation.

Note: Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3011, 3106, 3203, 3281, 3281.5 and 3285, Public Resources Code.

History

1. New section filed 1-6-2023 as an emergency; operative 1-6-2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 1-6-2025 or emergency language will be repealed by operation of law on the following day.

2. The effectiveness of this section was suspended on 2-3-2023 following the Secretary of State's qualification of a referendum staying the effectiveness of the underlying statutes until and unless those statutes are enacted by the voters in the November 2024 general election (Register 2023, No. 8).

3. Change without regulatory effect removing bracketed language after heading filed 7-8-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 28). Effectiveness of section reinstated 6-27-2024 due to withdrawal of Referendum 1940 (22-0006) pursuant to Elections Code section 9604(b) (See Elections Code section 9033(d)). Pursuant to Public Resources Code section 3288, a Certificate of Compliance must be transmitted to OAL by 5-30-2026, or emergency language will be repealed by operation of law on the following day.

4. Effective date of Order 7-8-2024 extended to July 1, 2026, pursuant to Public Resources Code Section 3288, as amended by Assembly Bill 218 (Ch. 1002, Stats. 2024.) (Register 2026, No. 18).

5. Certificate of Compliance as to 7-8-2024 order, including repealer and new section, transmitted to OAL 3-13-2026 and filed 4-27-2026; amendments effective 7-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 18).