1. (a) No new production facilities shall be constructed or operated in a health protection zone unless determined by the Division to be:

   1. (1) Associated with a notice of intention approved pursuant to Public Resources Code section 3281; or
   2. (2) Necessary to protect public health and safety.
2. (b) Except as provided in subdivision (c), operators shall submit a New Production Facility Notice containing information specified in Section 1765.5.1 to the Division prior to construction or operation of a new production facility, even on a temporary basis, in a health protection zone. This notice is required in addition to, and does not supersede, any other notice or reporting requirement for production facilities.

3. (c) A New Production Facility Notice under subdivision (b) is not required for the following:

   1. (1) A newly constructed or operated production facility that is not within 3,200 feet of a sensitive receptor. This exception does not relieve an operator of any other production facility notification or reporting requirement, including but not limited to Public Resources Code section 3270.
   2. (2) Equipment that is not attendant to oil and gas production or injection operations.

   3. (3) Alteration, repair, modification, relocation or replacement of an existing production facility if all of the following is true:

      1. (A) The production facility will continue to serve the same purpose.
      2. (B) The production facility will continue to be interconnected between the same components and well or wells and existing production facilities.
      3. (C) If the production facility requires secondary containment under Section 1773.1, subdivision (a), then the production facility will continue to be located within the same existing secondary containment. If the production facility is in an enclosure required by Section 1777, subdivision (d), then the production facility will remain within the same existing enclosure area.
      4. (D) The production facility will not be moved from outside a health protection zone into a health protection zone.
      5. (E) When a replacement production facility is brought into service, the replaced production facility shall be deemed Out-of-Service and comply with Section 1773.5.

      6. (F) The operator collects and retains detailed records, including but not limited to receipts, bills of sale, and photographs, demonstrating that an existing production facility was altered, repaired, modified, relocated or replaced.

         1. (i) If an existing facility is replaced, the operator shall also collect and retain records documenting the date the replaced production facility was taken out-of-service and removed or abandoned in place.
         2. (ii) All records required by this section shall be retained in accordance with the documentation retention requirements of Section 1777.3, subdivisions (a)(1) and (a)(2) and made available to the Division upon request.
   4. (4) Temporary production facilities associated with oil spill or leak response and cleanup, plugging and abandonment operations, or production facility decommissioning, and removed within 60 days after completion of work, or for a longer period if necessary and authorized in writing by the Division.

Note: Authority cited: Sections 3013, 3106 and 3270, Public Resources Code. Reference: Sections 3011, 3106, 3270 and 3281, 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).