Public Resources Code § 3190.8

(a)On or by January 1, 2033, the division, in consultation with entities operating gravity-based energy storage wells, the Secretary for Environmental Protection,

the State Water Resources Control Board and regional water quality boards, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, relevant local jurisdictions, environmental and environmental justice organizations, tribes, and other stakeholders, shall evaluate the Gravity-Based Energy Storage Well Pilot Program and make recommendations to the Legislature for a framework to implement an ongoing Gravity-Based Energy Storage Well Program to provide for regulation of the operation of gravity-based energy storage

wells as a result of the benefits determined for renewable energy sources and the storage of the energy in gravity-based energy storage wells. The recommendations shall be informed by the Gravity-Based Energy Storage Well Pilot Program and shall include, but are not limited to, all of the following:

(1)Implications of conversion of a well to a gravity-based energy storage well for local land use authorization and applicability of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), including designation of the appropriate lead agency.

(2)Appropriate regulatory parameters, including physical design, operating conditions, mechanical integrity, and inspection protocols, for

gravity-based energy storage wells to ensure safe, leak-free operation, including, but not limited to, methane leaks and leakage to the environment, including into aquifers of beneficial use. This shall include whether the redrilling of a plugged and abandoned well may be allowed for a gravity-based energy storage well.

(3)Implications of conversion of a well to a gravity-based energy storage well for existing well classifications and associated requirements.

(4)Tracking and monitoring by the regulator of gravity-based energy

storage wells to ensure that those wells are ultimately plugged and abandoned pursuant to Section 3208, attendant equipment and infrastructure is decommissioned, and the site remediated.

(b)The recommendations pursuant to subdivision (a) shall include

a review of gravity-based energy storage well operations including any leaks to the environment and loss of mechanical integrity.

(c)In developing the recommendations pursuant to subdivision (a), there shall be at least one public meeting to solicit public input.

(d)The recommendations shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.