Bill Text: CA SB44 | 2011-2012 | Regular Session | Chaptered
Bill Title: Public utilities: gas pipeline emergency response
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-10-07 - Chaptered by Secretary of State. Chapter 520, Statutes of 2011. [SB44 Detail]
Download: California-2011-SB44-Chaptered.html
BILL NUMBER: SB 44 CHAPTERED
BILL TEXT
CHAPTER 520
FILED WITH SECRETARY OF STATE OCTOBER 7, 2011
APPROVED BY GOVERNOR OCTOBER 7, 2011
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
AMENDED IN ASSEMBLY AUGUST 26, 2011
AMENDED IN ASSEMBLY JULY 5, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 29, 2011
INTRODUCED BY Senator Corbett
(Principal coauthor: Assembly Member Hill)
DECEMBER 8, 2010
An act to add Chapter 4.5 (commencing with Section 950) to Part 1
of Division 1 of the Public Utilities Code, relating to public
utilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 44, Corbett. Public utilities: gas pipeline emergency response
standards.
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, as defined.
Existing federal law requires the United States Department of
Transportation Pipeline and Hazardous Materials Safety Administration
(PHMSA) to adopt minimum safety standards for pipeline
transportation and for pipeline facilities, including an interstate
gas pipeline facility and an intrastate gas pipeline facility, as
defined. Existing law authorizes the United States Secretary of
Transportation to prescribe or enforce safety standards and practices
for an intrastate pipeline facility or intrastate pipeline
transportation to the extent that the safety standards and practices
are regulated by a state authority that annually submits to the
secretary a certification for the facilities and transportation or,
alternatively, authorizes the secretary to make an agreement with a
state authority authorizing it to take necessary action to meet
certain pipeline safety requirements. Existing federal law prohibits
a state authority from adopting or continuing in force safety
standards for interstate pipeline facilities or interstate pipeline
transportation, but permits a state authority that has submitted a
specified certification to adopt additional or more stringent safety
standards for intrastate pipeline facilities and intrastate pipeline
transportation only if those standards are compatible with the
minimum standards prescribed by PHMSA.
This bill would designate 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. The
bill would require the commission, by July 1, 2012, to open an
appropriate proceeding or expand the scope of an existing proceeding
to establish compatible emergency response standards, as defined,
that owners or operators of certain commission-regulated gas pipeline
facilities, as defined, would be required to follow. The standards
would require owners or operators of intrastate transmission and
distribution lines to implement emergency response plans, with
specified requirements, that are compatible with PHMSA's regulations
concerning emergency plans. The bill would require the owners of
intrastate transmission lines to provide the State Fire Marshal and
the chief fire official of the applicable local government with
instructions on how to access and utilize the National Pipeline
Mapping System developed by PHMSA to improve local response
capabilities for pipeline emergencies. The bill would require the
commission to report to the Legislature on the status of establishing
the compatible emergency response standards on or before January 1,
2013.
Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
Because the provisions of this bill are within the act and require
action by the commission to implement its requirements, a violation
of these provisions would impose a state-mandated local program by
creating a new crime.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.5 (commencing with Section 950) is added to
Part 1 of Division 1 of the Public Utilities Code, to read:
CHAPTER 4.5. GAS PIPELINE SAFETY
Article 1. General
950. For purposes of this chapter, the following terms have the
following meanings:
(a) "Commission-regulated gas pipeline facility" means an
intrastate gas pipeline facility as defined in Section 60101 of Title
49 of the United States Code, that is subject to the safety
regulatory authority of the commission to the extent authorized in
the certification submitted by the commission and approved by the
United States Secretary of Transportation pursuant to Section 60105
of Title 49 of the United States Code, including each of the
following pipelines:
(1) An intrastate distribution line, which is a pipeline that is
not subject to the jurisdiction of the Federal Energy Regulatory
Commission pursuant to Section 717(b) of Title 15 of the United
States Code because it is used for the local distribution of natural
gas.
(2) An intrastate transmission line, which is a transmission
pipeline that the commission, pursuant to Section 717(c) of Title 15
of the United States Code, has certified to the Federal Energy
Regulatory Commission as being subject to the regulatory jurisdiction
of the commission over rates and service. For these purposes, a
transmission pipeline means a pipeline other than a gathering line
that: (A) transports gas from a gathering line or storage facility to
a distribution center, storage facility, or large volume customer
that is not downstream from a distribution center, (B) operates at a
hoop stress of 20 percent or more of specified minimum yield
strength, or (C) transports gas within a storage field.
(3) An intrastate gathering line, which is a pipeline that
transports gas from a current production facility to a transmission
line or main.
(4) A mobilehome park master-metered natural gas distribution
system that is subject to the commission's safety inspection and
enforcement program pursuant to Chapter 4 (commencing with Section
4351) of Division 2.
(5) A propane distribution system that is subject to the
commission's safety inspection and enforcement program pursuant to
Chapter 4.1 (commencing with Section 4451) of Division 2.
(b) "Compatible emergency response standards" means emergency
response standards that are applicable to intrastate transmission and
distribution lines that are in addition to, or more stringent than,
the minimum safety standards adopted by the United States Department
of Transportation pursuant to Chapter 601 (commencing with Section
60101) of Subtitle VIII of Title 49 of the United States Code and
that the commission is authorized to adopt pursuant to Section 60104
(c) of that chapter.
(c) "High consequence area" has the same meaning as defined in
the regulations adopted by the United States Department of
Transportation pursuant to Chapter 601 (commencing with Section
60101) of Subtitle VIII of Title 49 of the United States Code (49
C.F.R. 192.903, as adopted January 1, 2011, or a successor
regulation).
950.5. This chapter shall not apply to gas pipeline facilities
owned and operated by a local publicly owned utility.
Article 2. Natural Gas Pipeline Safety Act of 2011
955. (a) This article shall be known and may be cited as the
Natural Gas Pipeline Safety Act of 2011.
(b) The commission is the state authority responsible for
regulating and enforcing intrastate gas pipeline transportation and
pipeline facilities pursuant to Chapter 601 (commencing with Section
60101) of Subtitle VIII of Title 49 of the United States Code,
including the development, submission, and administration of a state
pipeline safety program certification for natural gas pipelines
pursuant to Section 60105 of that chapter.
956. (a) On or before July 1, 2012, the commission shall open an
appropriate proceeding or expand the scope of an existing proceeding
to establish compatible emergency response standards that owners or
operators of commission-regulated gas pipeline facilities shall be
required to follow for intrastate transmission and distribution
lines. The commission shall establish the standards to ensure that
intrastate transmission and distribution lines have emergency
response plans that adequately prepare them for a natural disaster or
malfunction that could cause injury to human life or property, with
the purpose of minimizing the occurrence of both.
(b) The commission shall establish the compatible emergency
response standards in consultation with the California Emergency
Management Agency, the State Fire Marshal, and members of California'
s first responder community including, but not limited to, members of
the California Fire Chiefs Association.
(c) The compatible emergency response standards shall require
owners or operators of intrastate transmission and distribution lines
to implement emergency response plans that are compatible with the
United States Department of Transportation Pipeline and Hazardous
Materials Safety Administration's regulations concerning emergency
plans contained in Section 192.615 of Title 49 of the Code of Federal
Regulations, and those plans shall include, but not be limited to,
all of the following requirements:
(1) Emergency shutdown and pressure reduction shall be utilized
whenever deemed necessary and appropriate by the owners or operators
to minimize hazards to life or property. An owner or operator shall
notify appropriate first responders of emergency shutdown and
pressure reduction.
(2) During an emergency response effort, the incident commander
may direct coordination between first responders and owners or
operators to ensure timely and ongoing communication on decisions for
emergency shutdown and pressure reduction.
(3) Owners or operators of intrastate transmission and
distribution lines shall establish and maintain liaison with
appropriate fire, police, and other public officials to do all of the
following:
(A) Learn the responsibility and resources of each government
organization that may respond to a gas pipeline emergency, including,
but not limited to, the role of the incident commander in an
emergency.
(B) Acquaint the officials with the owner's or operator's ability
in responding to a gas pipeline emergency.
(C) Identify the types of gas pipeline emergencies of which the
owner or operator notifies the officials.
(D) Plan how the owner or operator and officials can engage in
mutual assistance to minimize hazards to life or property.
(E) Identify and update information on individual personnel
responsible for the liaison with the appropriate first responder
organizations.
(4) Owners and operators of intrastate transmission lines shall
provide the State Fire Marshal and the chief fire official of the
applicable city, county, city and county, or fire protection district
with instructions on how to access and utilize the National Pipeline
Mapping System developed by the United States Department of
Transportation, Pipeline and Hazardous Materials Safety
Administration, utilizing data submitted pursuant to Section 60132 of
Title 49 of the United States Code, to improve local response
capabilities for pipeline emergencies.
(d) (1) The commission shall report to the Legislature on the
status of establishing the compatible emergency response standards on
or before January 1, 2013.
(2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
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.
