(a) The Legislature finds and declares that protecting the stateâs groundwater for beneficial use, particularly sources and potential sources of drinking water, is of paramount concern. (b) The Legislature further finds and declares that strategic, scientifically based groundwater monitoring of the stateâs oil and gas fields is critical to allaying the publicâs concerns regarding well stimulation treatments of oil and gas wells. (c) On or before July 1, 2015, in order to assess the potential effects of well stimulation treatments, as defined in Article 3 (commencing with Section 3150) of Chapter 1 of Division 3 of the Public Resources Code, on the stateâs groundwater resources in a systematic way, the state board shall develop model groundwater monitoring criteria, to be implemented either on a well-by-well basis for a well subject to well stimulation treatment or on a regional scale. The model criteria shall address a range of spatial sampling scales from methods for conducting appropriate monitoring on individual oil and gas wells subject to a well stimulation treatment, to methods for conducting a regional groundwater monitoring program. The state board shall take into consideration the recommendations received pursuant to subdivision (d) and shall include in the model criteria, at a minimum, the components identified in subdivision (f). The state board shall prioritize monitoring of groundwater that is or has the potential to be a source of drinking water, but shall protect all waters designated for any beneficial use. (d) The state board, in consultation with the Department of Conservation, Geologic Energy Management Division, shall seek the advice of experts on the design of the model groundwater monitoring criteria. The experts shall assess and make recommendations to the state board on the model criteria. These recommendations shall prioritize implementation of regional groundwater monitoring programs statewide, as warranted, based upon the prevalence of well stimulation treatments of oil and gas wells and groundwater suitable as a source of drinking water. (e) The state board shall also seek the advice of stakeholders representing the diverse interests of the oil- and gas-producing areas of the state. The stakeholders shall include the oil and gas industry, agriculture, environmental justice, and local government, among others, with regional representation commensurate with the intensity of oil and gas development in that area. The stakeholders shall also make recommendations to the state board regarding the development and implementation of groundwater monitoring criteria, including priority locations for implementation. (f) The scope and nature of the model groundwater monitoring criteria shall include the determination of all of the following: (1) An assessment of the areas to conduct groundwater quality monitoring and their appropriate boundaries. (2) A list of the constituents to measure and assess water quality. (3) The location, depth, and number of monitoring wells necessary to detect groundwater contamination at spatial scales ranging from an individual oil and gas well to a regional groundwater basin including one or more oil and gas fields. (4) The frequency and duration of the monitoring. (5) A threshold criteria indicating a transition from well-by-well monitoring to a regional monitoring program. (6) Data collection and reporting protocols. (7) Public access to the collected data under paragraph (6). (g) Factors to consider in addressing subdivision (f) shall include, but are not limited to, all of the following: (1) The existing quality and existing and potential use of the groundwater. (2) Groundwater that is not a source of drinking water consistent with the United States Environmental Protection Agencyâs definition of an Underground Source of Drinking Water as containing less than 10,000 milligrams per liter total dissolved solids in groundwater (40 C.F.R. 144.3), including exempt aquifers
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