Cal. PRC § 21080.81 — California Code / Code prc / Division 13 / Chapter 2.6 / Section 21080.81
Section 21080.81
Status: in_force

(a) The Legislature finds and declares all of the following:

(1) The Legislature recognizes the significance of oil and gas production in the County of Kern, while also affirming the state’s commitment to protecting public health, safety, and environmental quality, particularly for communities located near oil and gas operations.

(2) The County of Kern has adopted an oil and gas permitting ordinance, and in connection with that ordinance, has certified a Second Supplemental Environmental Impact Report (SSREIR) pursuant to this division. The County of Kern’s SSREIR and oil and gas permitting ordinance impose comprehensive mitigations to address potential environmental impacts associated with oil and gas production.

(3) Article 4.6 (commencing with Section 3280) of Chapter 1 of Division 3 establishes health protection zones to safeguard residents from the health risks associated with oil and gas extraction activities. The Geologic Energy Management Division’s approval of a notice of intention under Section 3203 is required before drilling a new oil and gas well. Section 3281 prohibits approval of a notice of intention within a health protection zone absent certain limited exceptions. The Kern County SSREIR does not cover activities within a health protection zone.

(4) Because the County of Kern’s SSREIR does not cover activities within a health protection zone, the Geologic Energy Management Division is the lead agency under this division for projects that include permits to drill or rework an oil and gas well within a health protection zone in the County of Kern, to the extent that those activities might be allowed under Section 3281.

(b) The Kern County Second Supplemental Recirculated Environmental Impact Report (SCH2013081079), including all appendices (SSREIR March 2025), is hereby deemed sufficient for full compliance with this division for purposes of consideration and adoption of amended Revisions to Title 19 - Kern County Zoning Ordinance Code 2025 (A), Focused on Oil and Gas Local Permitting by the County of Kern. No further environmental review is required under this division for the consideration and adoption of the Revisions to Title 19 - Kern County Zoning Ordinance Code - 2025 (A), Focused on Oil and Gas Local Permitting (SSREIR March 2025), as enacted as of January 1, 2026. Corrections of minor typographical errors and formatting changes to the zoning ordinance version shall not require further environmental review. Any other modification to or readoption of the zoning ordinance, however, shall not be covered by this section but rather by the other provisions of this division.

(c) Projects that satisfy the requirements of Revisions to Title 19 - Kern County Zoning Ordinance Code - 2025 (A), Focused on Oil and Gas Local Permitting, and that are approved by the County of Kern under that ordinance as enacted as of the effective date of this section, or as reenacted to incorporate corrections of minor typographical errors or formatting changes, are deemed sufficient for full compliance with this division and no further environmental review is required under this division, so long as the projects comply with Article 4.6 (commencing with Section 3280) of Chapter 1 of Division 3, as that article read on January 1, 2025.

(d) This section applies prospectively to any approvals by the County of Kern with respect to the permitting of oil and gas production operations under any adopted local ordinance and associated development and also applies prospectively and retroactively to any causes of action and claims that are pending as of the effective date of this section, and for which no final nonappealable judgment has been entered before that date.

(e) Notwithstanding Section 21166, the Legislature’s determination in this section that the Kern County Second Supplemental Recirculated Environmental Impact Report (SCH2013081079), including all appendices (SSREIR March 2025), is sufficient for full compliance with this division and shall be final and conclusive for purposes of reliance on that report for its use by any responsible agencies. Reliance on use of that report by any responsible agency shall fully satisfy the responsible agency’s obligations under this division and shall not be subject to challenge pursuant to Section 21166.

(f) No approval may be granted by the County of Kern or the Geologic Energy Management Division in reliance on the Kern County Second Supplemental Recirculated Environmental Impact Report (SCH2013081079), including all appendices (SSREIR March 2025), with respect to any operation located in a health protection zone as defined in Section 3280, regardless of whether Section 3281 is enforceable or independently prohibits that approval.

(g) The Geologic Energy Management Division shall be the lead agency under this division for projects in the County of Kern that include approval of a notice of intention under Section 3203 to drill or rework an oil gas well within 3,200 feet of a residence, educational facility, youth center, health care facility, live-in housing, or any building housing a business that is open to the public, to the extent those projects may be authorized by law. The measurement shall be made from the property line unless the building is more than 50 feet set back from the property line, in which case the measurement shall be made from the outline of the building footprint to 3,200 feet in all directions.

(h) The Geologic Energy Management Division shall not approve more than 2,000 notices of intention per calendar year to drill new wells in reliance on the Second Supplemental Recirculated Environmental Impact Report (SCH2013081079) as a responsible agency under this section, unless the State Energy Resources Conservation and Development Commission makes a formal finding that additional permit issuance is necessary for in-state crude oil production to supply 25 percent of in-state refinery feedstock demand, and that the production would likely help reduce costs for retail consumers of gasoline in the state.

(i) Because the Kern County Second Supplemental Recirculated Environmental Impact Report (SCH2013081079), including all appendices (SSREIR March 2025), analyzes activities only through the end of 2035, further environmental review is required to satisfy the lead agency’s obligations under this division for any County of Kern ordinance on oil and gas permitting enacted on or after January 1, 2026, unless that ordinance only corrects minor typographical errors and formatting to the zoning ordinance referenced in subdivision (b).

(j) This section shall remain in effect only until January 1, 2036, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2036, deletes or extends that date.