Title
a. Receive a preliminary response to Board Referral Number 2025.01 (Alejo) regarding the proposed creation of an ordinance that prohibits hydraulic fracturing (“fracking”) in Monterey County; and
b. Provide direction to staff.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive a preliminary response to Board Referral Number 2025.01 (Alejo) regarding the proposed creation of an ordinance that prohibits hydraulic fracturing (“fracking”) in Monterey County;
b. Provide direction on a preferred referral processing option:
i. Proceed with completion of referral as outlined in preliminary report;
ii. Proceed with completion of referral based on modifications by Board;
iii. Return to Board with a more comprehensive analysis of referral and anticipated effort for completion; or
iv. Rescind referral.
c. Provide further direction, as appropriate.
SUMMARY/PRELIMINARY ANALYSIS:
On January 21, 2025, Supervisor Alejo submitted a referral (Referral Number 2025.01) regarding the proposed creation of an ordinance that prohibits hydraulic fracturing (“fracking”). (Attachment 1). This Referral is in response to Assembly Bill 3233, which enacted Public Resources (“PRC”) Code section 3106.1. Effective January 1, 2025, PRC section 3106.1 permits a county, by ordinance, to prohibit oil and gas operations or development in its jurisdiction or impose regulations, limits, or prohibitions on oil and gas operations or development that are more protective of public health, the climate, or the environment than those prescribed by a state law, regulation, or order. These limitations or prohibitions may include, but are not limited to, limitations or prohibitions related to the methods of oil and gas operations or development and the locations of oil and gas operations or development. The Office of the County Counsel has reviewed this matter. As detailed below, as a result of the Measure Z litigation, the fracking portions of Measure Z rem...
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