Back in 2015, a grassroots group of Monterey County residents launched a campaign, originating with a desire to ban fracking in Monterey County. It was a preemptive effort, as fracking has never been widely deployed in the San Ardo Oil Field. But when the Monterey County Board of Supervisors declined to implement a moratorium on fracking, it galvanized the group into action – they would take local land-use policy governing oil industry practices into their own hands.

The group, called Protect Monterey County, authored a ballot measure that expanded beyond the original vision, and included a prohibition on new wastewater injection wells (a standard operating practice for the oil industry), and a ban on drilling new oil wells.

In 2016, Protect Monterey County celebrated a landslide victory with 56 percent of the vote supporting Measure Z. Despite being outspent by the industry by a margin of about 33-to-1, their campaign prevailed.

But then came a yearslong slog through the courts.

A coalition – led by Chevron and including property owners who hold mineral rights and local school districts – sued, seeking to block implementation of Measure Z. Eventually, after taking their case all the way to the California Supreme Court in 2023, they lost. It was up to state regulators, not local government, to regulate oil and gas, the court ruled.

Enter state lawmakers representing the region. Assemblymember Dawn Addis, D-Morro Bay, says the motivation to legislate a solution to this issue came from Monterey County constituents. And the battle, with a heavy presence of oil industry lobbying, repeated in Sacramento.

Late on Saturday, Aug. 31, just about 10 minutes before midnight and before the year’s legislative session ended, state lawmakers passed Addis’ Assembly Bill 3233, which “would authorize a local entity, as defined, by ordinance, to limit or prohibit oil and gas operations or development in its jurisdiction.” In essence, the law enables local initiatives or ordinances like Measure Z, handing decision-making authority to local government. AB 3233 passed 46-15 off the Assembly floor, and 21-12 off the Senate floor.

It’s an interesting moment when it comes to local versus state decisions about land use. There’s been lots of hand-wringing about housing goals set forth by the state, which is directing local jurisdictions to deliver on new units. I asked Addis what makes this different – isn’t it useful for the state to have consistent oversight?

“This is not a controversial issue unless you’re in the oil and gas industry,” she says. “You have nurses, teachers, counties, an environmental coalition – a broad group of supporters – say, ‘We want to uplift the health and welfare of our communities.’ It was a surprise to many when Measure Z was overturned, and a dangerous precedent to overturn the will of the voters.”

Since she was elected in 2022, Addis created a Central Coast Caucus, bringing together the 10 state senators and assemblymembers who represent five counties: Monterey, Santa Cruz, San Luis Obispo, Santa Barbara and Ventura. All 10 supported AB 3233.

“When I got elected, one of my main goals was to make sure the Central Coast really had a voice in the Legislature,” Addis says.

The bill isn’t law yet; it is still awaiting Gov. Gavin Newsom’s signature or veto. Even if it is chaptered into law, it may not yet be out of the woods on litigation. The opposition argument from the Western States Petroleum Association states, “By allowing local governments to adopt ordinances that may prohibit or significantly restrict an operator’s right to operate its existing oil and gas production wells or other facilities, AB 3233 has the potential to expose these local governments to significant liability. Operators hold valuable property rights in their existing operations.”

If the bill does become law – and I hope it does – California’s oil-producing future will likely be a patchwork. Some counties will implement stronger restrictions; others will codify the right of industry to operate. What we do know is the landscape of the country’s third-largest oil – and gas-producing state, with over 242,000 wells, will look different. And it will be thanks to a group of local Monterey County residents.

(1) comment

carl silverman

MCN:sounds like a plan to me. BUT the real plan would be for the County to replace PGE that's getting more rate increases daily while shutting off power for "PSPS" outages...NYC had 4 "blackouts" and CON ED is still in business...time to sack the lot...

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