1. (a) Except as provided in subdivisions (c) and (d), operators shall not commence any work that requires a notice of intention under Public Resources Code section 3203 in a Health Protection Zone where planned work involves drilling until all of the following have been completed:

   1. (1) The notice required by Public Resources Code section 3284 has been provided to all property owners and tenants at least thirty days before work commences.
   2. (2) The declaration of completion of notice required under Section 1765.4.1, subdivision (a)(11) has been provided to the Division.
   3. (3) Any supplemental declaration of notice required under Section 1765.4.1, subdivision (a)(12) has been provided to the Division.
   4. (4) Where applicable, a baseline water sample has been collected. A sample may not be collected until at least five working days after operator notification to the appropriate regional water quality control board so regional water quality control board staff may witness the sampling.
   5. (5) The declaration of completion of baseline sampling required under subdivision (b) has been provided to the Division.

   6. (6) If a property owner or tenant responds to the notice required by Public Resources Code section 3284:

      1. A. The operator has provided a copy of the response and all other notice related communications with the property owner or tenant to the Division, and
      2. B. The Division has determined either that any required sampling and testing has been completed or that sampling or testing is not required.

2. (b) Operators receiving at least one request from a property owner or tenant for water testing under Public Resources Code section 3284 shall, within five calendar days of all required baseline water sampling having been completed, submit to the Division in a text-searchable electronic format a declaration of completion of baseline sampling that provides all of the following:

   1. (1) For each water source where an owner or tenant has requested water quality testing under Public Resources Code section 3284, the date that the baseline sampling and testing was performed.
   2. (2) For each water source where a baseline sample was taken, the date or dates that the appropriate regional water quality control board and State Water Resources Control Board were notified so that regional water quality control board staff may witness the sampling.
   3. (3) If the operator was unable to do the requested sampling and testing because the surface property owner did not make necessary accommodations to provide access, then a description and timeline of the efforts made by the operator to obtain access to the water source.

3. (c) The Division may waive the requirements of Public Resources Code section 3284 if the operator demonstrates that the delay in well work associated with the requirements of this section is likely to result in significant damage to life, health, or natural resources. An operator's request for a waiver shall adhere to the following requirements:

   1. (1) The operator shall specifically request a waiver of the requirement under this exemption when submitting the notice of intention.
   2. (2) The operator shall provide documentation of the risk associated with the delay caused by the sampling and testing process including a qualitative discussion of the probability that the harm will occur and a rough estimate of the potential magnitude of the impacts of the harm that is likely to result.
   3. (3) Documentation provided shall include an analysis of contributing hazards and risk factors, any available data that evidences the details of existing conditions that contribute to the risk, and an analysis of the time sensitivity of that risk.
4. (d) A notice of intention to plug and abandon a well within a Health Protection Zone is not subject to the requirements of Public Resources Code section 3284.
5. (e) For each water source where an owner or tenant has requested water quality testing under Public Resources Code section 3284, the operator shall collect a follow up water sample no sooner than 30 days, and no later than 60 days, after drilling is complete.

6. (f) Operators receiving at least one request from a property owner or tenant for water testing under Public Resources Code section 3284 shall provide the following documentation in a text-searchable electronic format to the Division no more than 120 days after the well work is complete:

   1. (1) For each water source where a baseline sample was taken, the date or dates that the follow-up sample was taken or documentation of reasons why testing was unable to be performed including a description and timeline for efforts made by the operator to gain access to the water source;
   2. (2) For each water source where a baseline sample was taken, the date or dates that the appropriate regional water quality control board and State Water Resources Control Board were notified so that regional water quality control board staff may witness the follow-up sampling;
   3. (3) Water quality sampling data and analysis for each water source sampled, including identification of the property owner or tenant that made the request;
   4. (4) Documentation, including date, of the delivery of the water quality data and analysis to each property owner or tenant entitled to receive the data under Public Resources Code section 3284, subdivision (d)(4); and
   5. (5) Date that the water quality data and analysis for each sampling location were transmitted in electronic format to the appropriate regional water quality control board and the State Water Resources Control Board.
7. (g) When notifying the appropriate regional water quality control board prior to collecting a sample under Public Resources Code section 3284, subdivision (d)(5), the operator shall also notify the State Water Resources Control Board.
8. (h) The operator is not required to sample or test water under this section if the relevant authorities have determined that the water is not an underground source of drinking water, as defined in the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et. seq.), and the water has no beneficial uses, in accordance with subdivision (f) of Section 13050 of the Water Code.

Note: Authority cited: Sections 3013 and 3106, Public Resources Code. Reference: Sections 3011, 3106 and 3284, 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).