Bill Text: CA SB438 | 2013-2014 | Regular Session | Amended

California Senate Bill 438 (Prior Session Legislation)

Bill Title: Refineries: turnarounds.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB438 Detail]

Download: California-2013-SB438-Amended.html

BILL NUMBER: SB 438	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 4, 2013

INTRODUCED BY   Senator Hancock
    (   Principal coauthor:   Assembly Member
  Skinner   ) 

                        FEBRUARY 21, 2013

   An act  relating to employment.   to add
Section 7872 to the Labor Code, relating to refineries. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 438, as amended, Hancock.  Occupational safety and
health.   Refineries: turnarounds.  
   Existing law, the California Refinery and Chemical Plant Worker
Safety Act of 1990 (act), states that its purpose is to prevent or
minimize the consequences of catastrophic releases of toxic,
flammable, or explosive chemicals. Existing law provides for the
adoption of specified process safety management standards for, among
others, refineries that handle acutely hazardous material. Existing
law declares the intent of the Legislature for, among others, the
Division of Occupational Safety and Health, to promote worker safety
through implementation of training and process safety management, as
defined, in refineries and other facilities as deemed appropriate. A
violation of the act is a crime.  
   This bill would require a refinery employer to, every September
15, submit to the division a full schedule of planned turnarounds,
meaning any instance of an industrial plant or unit being partially
or totally taken offstream or offline for the purposes of
maintenance, overhaul, repair, inspection, testing, or replacement of
materials or equipment, for the following calendar year, as
specified. Upon the request of the division, the bill would also
require a refinery employer to provide the division with specified
documentation relating to a planned turnaround within a certain
period of time.  
   Because a violation of the bill's requirements would be a crime,
the 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, the California Occupational Safety and Health Act of
1973, establishes enforcement procedures for the requirements
related to safe and healthful working conditions for Californians.
The Division of Occupational Safety and Health of the Department of
Industrial Relations is charged with enforcing occupational health
and safety laws, orders, and standards, including the investigation
of alleged violations of those provisions. Existing law requires the
Director of Industrial Relations to prepare and submit to the
Legislature, not later than March 1, an annual report on the
activities of the division, including, among other components, the
total inspections made and citations issued; the number of civil
penalties assessed, total amount of fines collected, and the number
of appeals heard; and information contained in a specified report
prepared by the Bureau of Investigations of the division. 

   This bill would state the intent of the Legislature to enact
legislation that would recognize the importance of enforcement
inspections under the act. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 7872 is added to the  
Labor Code   , to read:  
   7872.  (a) For the purposes of this section, "turnaround" means
any instance of an industrial plant or unit being partially or
totally taken offstream or offline for the purposes of maintenance,
overhaul, repair, inspection, testing, or replacement of materials or
equipment.
   (b) Every September 15, a refinery employer shall submit to the
division a full schedule of planned turnarounds for the various units
for the following calendar year.
   (c) At the request of the division, the refinery employer shall
submit the following documentation to the division at least 60 days
prior to a planned turnaround:
   (1) Corrosion reports.
   (2) Risk-based inspection reports.
   (3) Boiler permit schedules.
   (4) Management of change reports since the last turnaround.
   (5) Unfulfilled work orders since the last turnaround.
   (6) Temporary repairs since the last turnaround.
   (7) Design changes or modifications to vessels and piping since
the last turnaround.
   (8) Process changes since the last turnaround.
   (d) At the request of the division, the refinery employer shall
submit the following documentation to the division at least 30 days
prior to a planned turnaround:
   (1) Notification of any changes and supporting documents with
respect to the documents provided pursuant to subdivision (c).
   (2) Written justification by the refinery employer for any of the
changes described in paragraph (1). 
   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.    It is the intent of the Legislature
to enact legislation that would recognize the importance of
enforcement inspections under the California Occupational Safety and
Health Act of 1973 (Part 1 (commencing with Section 6300) of Division
5 of the Labor Code).