Bill Text: CA AB578 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Public utilities: natural gas pipelines: safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-23 - Chaptered by Secretary of State - Chapter 462, Statutes of 2012. [AB578 Detail]

Download: California-2011-AB578-Amended.html

---

BILL NUMBER: AB 578	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 16, 2011

   An act to add Section  8690.8 to the Government 
 960 to the Public Utilities  Code, relating to 
disaster assistance, and making an appropriation therefor 
 public utilities  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 578, as amended, Hill.  Disaster assistance:
emergencies.   Public utilities: natural gas pipelines:
safety.  
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities. The Public Utilities Act authorizes
the commission to ascertain and fix just and reasonable standards,
classifications, regulations, practices, measurements, or services to
be furnished, imposed, observed, and followed by specified public
utilities, including gas corporations. The Natural Gas Pipeline
Safety Act of 2011 designates the commission as the state authority
responsible for regulating and enforcing intrastate gas pipeline
transportation and pipeline facilities pursuant to federal law,
including the development, submission, and administration of a state
pipeline safety program certification for natural gas pipelines.

   This bill would require the commission to issue orders or adopt
rules to implement any safety recommendation by the federal National
Transportation Safety Board (NTSB) relative to natural gas pipeline
safety. This bill would require the commission to implement, as soon
as is practicable, any natural gas pipeline safety recommendation as
to a specific utility. It would require the commission, in a
rulemaking or other appropriate proceeding to implement any general
or industrywide natural gas pipeline safety recommendation, and to
implement the recommendation no later than 18 months after the
recommendation has been issued by the NTSB.  
   If the commission determines that implementation of a safety
recommendation is not appropriate, this bill would require the
commission to detail the reason or reasons in writing as part of the
commission's record of the proceedings.  
   Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime. 

   Because this bill would require the commission to issue orders or
adopt rules to implement any safety recommendation by the NTSB
relative to natural gas pipeline safety and a violation of these
orders or rules would be a crime, this bill would impose a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law establishes the Disaster Response-Emergency
Operations Account in the Special Fund for Economic Uncertainties,
and continuously appropriates moneys in the account for allocation by
the Director of Finance to state agencies for qualifying disaster
response operation costs for specified activities.  

   This bill would establish the Debris Removal Account in the
Special Fund for Economic Uncertainties, and would continuously
appropriate moneys in the account for allocation by the Director of
Finance to the Department of Resources Recycling and Recovery for
qualifying debris removal service costs incurred as a result of a
proclamation by the Governor of a state of emergency. 
   Vote:  2/3   majority  . Appropriation:
 yes  no  . Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 960 is added to the  
Public Utilities Code  , to read:  
   960.  (a) The commission shall issue orders or adopt rules to
implement any safety recommendation by the federal National
Transportation Safety Board (NTSB) relative to natural gas pipeline
safety.
   (b) (1) Except as provided in paragraph (2), the commission shall
implement, as soon as is practicable, any natural gas pipeline safety
recommendation by the NTSB as to a specific utility.
   (2) The commission, in a rulemaking or other appropriate
proceeding, shall implement any general or industrywide natural gas
pipeline safety recommendation and shall implement that
recommendation no later than 18 months after the recommendation has
been made public by the NTSB.
   (c) If the commission determines that implementation of a safety
recommendation is not appropriate, the reason or reasons shall be
detailed in writing as part of the commission's record of the
proceedings. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 8690.8 is added to the
Government Code, to read:
   8690.8.  (a) The Debris Removal Account is hereby established in
the Special Fund for Economic Uncertainties. Notwithstanding Section
13340, moneys in the account are continuously appropriated, subject
to the limitations specified in subdivisions (c) and (d), without
regard to fiscal years, for allocation by the Director of Finance to
the Department of Resources Recycling and Recovery for debris removal
services costs incurred as a result of a proclamation by the
Governor of a state of emergency, as defined in subdivision (b) of
Section 8558. These allocations may be for activities that occur
within 120 days after a proclamation of emergency by the Governor.
The department shall receive funds under this section only if all of
the criteria set out below are met:
   (1) A proclamation by the Governor of a state of emergency, as
defined in subdivision (b) of Section 8558, specifically tasks the
department to render services and perform duties related to debris
removal as part of an emergency recovery effort.
   (2) A local emergency, as defined in subdivision (c) of Section
8558, is proclaimed by the governing body of the city, county, or
city and county, or by an official so designated by ordinance adopted
by the governing body to issue the proclamation.
   (3) The local governing body requests the assistance of the
department.
   (b) The Debris Removal Account shall have an unencumbered balance
of one million dollars ($1,000,000) at the beginning of each fiscal
year. If this account requires additional moneys to meet claims
against the account, the Director of Finance may transfer moneys from
the Special Fund for Economic Uncertainties to the account in an
amount sufficient to pay the amount of the claims that exceed the
unencumbered balance in the account.
   (c) Funds shall be allocated from the account subject to the
conditions of this section and upon notification by the Director of
Finance to the Chairperson of the Joint Legislative Budget Committee
and the chairpersons of the fiscal committees in each house.
   (d) Notwithstanding any other law, authorizations for
acquisitions, relocations, and environmental mitigations related to
activities, as described in subdivision (a), shall be authorized
pursuant to this section. However, these funds shall be authorized
only for needs that are a direct consequence of the proclaimed
emergency if failure to undertake the project may interrupt essential
state services or jeopardize public health or safety. In addition,
any acquisition accomplished under this subdivision shall comply with
any otherwise applicable law, except as provided in the first
sentence of this subdivision.
   (e) Funds allocated under this section shall not be used to
supplant federal funds otherwise available in the absence of state
financial relief.
   (f) The amount of financial assistance provided to an individual,
business, or governmental entity under this section, or pursuant to
any other program of state-funded disaster assistance, shall be
deducted from sums received in payment of damage claims asserted by
the individual, business, or governmental entity against the state,
its agents, or employees, for causing or contributing to the effects
of the proclaimed disaster.