San Benito County pushes new rules ahead of Measure J ballot measure

Trying to protect taxpayers by preventing lawsuits. It’s the next step in the fight to ban a controversial oil drilling process in San Benito County. This time the county said it needs to set some ground rules, just in case voters pass a measure banning fracking. On Wednesday, NewsChannel 5 found out why it’s a complicated issue for those already drilling for oil.

Measure J calls for a ban on fracking and several other types of oil drilling tactics. Those who oppose the measure think if it passes, it’ll hurt businesses already established in the county. But on Wednesday night, the San Benito County Planning Commission said it’s hoping to prevent that, by recommending some new rules.

Oil driller Steven Coombs of Patriot Resources said Measure J would hurt his business altogether. Coombs said it’s also unclear how a process to fight for his right to operate in San Benito County would affect him legally.

“While they’re trying to define a process in which you would obtain an exemption, it doesn’t sound like their proposed exemption would allow us to continue moving forward with those really common practices,” Coombs said.

Coombs said his site in a remote part of south San Benito County doesn’t frack, but says he uses some other tactics like acid washing and water disposal, both not supported by Measure J. He says the measure restricts what the land can be used for, which could lead to legal trouble for the county. But that’s exactly why the planning commission said it needs a process for people like Coombs to follow. So people who want to use tactics other than fracking, can ask for permission.

“It tries to put the county in the best position possible in that event to deal with those types of claims that will undoubtedly result if this measure passes,” said Commissioner Dan DeVries.

Those who support Measure J said they agree with creating a dispute process.

“As to the issue of whether the county may be sued or not, that’s really entirely up to the oil industry as to whether it wants to respect the will of the people in this county or not,” said Measure J supporter Andy Hsia-Coron.

Wednesday’s decision to move ahead with the ordinance creating the dispute process isn’t complete. It still needs to go before the county board of supervisors, before it could be passed ahead of the November election.