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

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

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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

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BILL NUMBER: AB 578	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 12, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 16, 2011

   An act to add Section 960 to the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 578, as amended, Hill. 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 
    If   a safety recommendation is made   in a
published pipeline accident report, by the federal National
Transportation Safety Board (NTSB) on or after January 1, 2012, 
 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   determine if
implementation of the recommendation is appropriate or whether a more
effective, or equally effective, less costly alternative exists to
address the safety issue that the recommendation addresses  .
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.   that it
determines to be appropriate. The bill would require that if the
commission determines that implementation of a safety recommendation
is not appropriate, or that a more effective, or equally effective,
less costly alternative exists, that the reason or reasons be
detailed in writing as part of a formal record of proceeding. The
bill would require the commission to include a detailed description
of any action taken on an NTSB safety recommendation in a specified
annual report the commission is required to make to the Legislature.
 
   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  that the commission
determines to be appropriate  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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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  
Beginning January 1, 2012, if  the federal National
Transportation Safety Board (NTSB)  makes a safety recommendation
or multiple recommendations  relative to natural gas pipeline
safety  as part of a published pipeline accident report, the
commission shall determine if implementation of the recommendation is
  appropriate or whether a more effective, or equally
effective, less costly alternative exists to address the safety issue
that the recommendation addresses . 
   (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.  
   (b) If the commission determines that implementation of a safety
recommendation is not appropriate, or that a more effective, or
equally effective, less costly alternative exists, the reason or
reasons shall be detailed in writing as part of a formal record of
proceeding.  
   (c) If the commission determines that a safety recommendation made
by the NTSB is appropriate, the commission shall issue orders or
adopt rules to implement the safety recommendations as soon as
practicable.  
   (d) Any action taken by the commission on a safety recommendation
made by the NTSB in a published pipeline accident report shall be
reported annually, in detail, to the Legislature with the report
required by Section 321.6.  
   (e) The commission shall authorize recovery in rates for all just
and reasonably incurred costs incurred for implementation of the
requirements of this section. The commission shall not authorize
recovery of those expenses that would have been avoided if the
utility had been in compliance with then-existing federal
requirements. 
  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.