The Santa Barbara County Board of Supervisors, by a 3-to-2 vote Oct. 7, approved ordinances aimed at exempting the 1,200 oil and gas wells now operating in unincorporated areas of the County from an anti-fracking measure voters will consider in November.

Known as Measure P, the proposal would ban “high-intensity petroleum operations,” which it defines as hydraulic fracturing, acid well stimulation treatment, cyclical steam injection, and the injection of solvents, acids and other chemicals. Proponents claim the measure (titled “The Healthy Air and Water Initiative to Ban Fracking”) will protect air quality and water supplies.

Supervisors at the meeting acknowledged that the measure, if passed, could trigger lawsuits by well owners and operators arguing that such a ban amounts to an unconstitutional “taking” of their property, and denial of vested rights in their property.

The exemption ordinances would allow the Board of Supervisors to hold public hearings to determine the validity of “constitutional takings” claims and grant exemptions. “Vested rights” claims would go before the Director of Planning and Development. Decisions by both could be appealed to the courts. Each application for an exemption would require a $5,000 initial fee.

County staffers reported that about half of the wells in the county use cyclical steam injection, and the rest use at least some of the other techniques the ballot measure would ban.

By passing the exemption ordinances in advance of the vote on Measure P, council members said, the County would have the authority to allow existing oil and gas wells to continue to operate. If the measure fails, the exemptions would have no effect.

Approval of the exemptions “mitigates, but does not remove, that litigation risk,” said County Counsel Michael Ghizzoni, who said Measure P presents the County with “it largest legal risk in recent memory.” Previously Ghizzoni had said that passage of the measure would require the County to hire two additional staff attorneys and budget additional funds to cover the cost of litigation.

Dave Cross, Director of Economic Development for the Santa Maria Valley Chamber of Commerce, said Measure P would “put at risk over 1,900 jobs” in the county.