Bill Text: CA AB1420 | 2015-2016 | Regular Session | Chaptered
Bill Title: Oil and gas: pipelines.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 601, Statutes of 2015. [AB1420 Detail]
Download: California-2015-AB1420-Chaptered.html
BILL NUMBER: AB 1420 CHAPTERED
BILL TEXT
CHAPTER 601
FILED WITH SECRETARY OF STATE OCTOBER 8, 2015
APPROVED BY GOVERNOR OCTOBER 8, 2015
PASSED THE SENATE SEPTEMBER 9, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JULY 6, 2015
AMENDED IN SENATE JUNE 30, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Salas
(Coauthor: Senator Vidak)
FEBRUARY 27, 2015
An act to add Section 101042 to the Health and Safety Code, and to
add Sections 3270.5 and 3270.6 to the Public Resources Code,
relating to oil and gas.
LEGISLATIVE COUNSEL'S DIGEST
AB 1420, Salas. Oil and gas: pipelines.
Existing law requires the Division of Oil, Gas, and Geothermal
Resources to prescribe minimum facility maintenance standards for oil
and gas production facilities, including pipelines that are not
under the jurisdiction of the State Fire Marshal. Under the division'
s regulations, an owner or operator of an active environmentally
sensitive gas pipeline that is a gathering line or an urban pipeline
over 4 inches in diameter is required to perform a mechanical
integrity test on the pipeline every 2 years, unless it is less than
10 years old.
This bill would require the division, by January 1, 2018, to
review and evaluate, and update as appropriate, its existing
regulations regarding all active gas pipelines that are 4 inches or
less in diameter, in sensitive areas, and 10 years old or older, as
specified. The bill would define active gas pipelines as inservice
gas pipelines of any diameter within the division's jurisdiction. The
bill would require operators of active gas pipelines in sensitive
areas, by January 1, 2018, to submit to the division maps identifying
the location of those pipelines and other locational information, as
provided. The bill would require the division to perform random
periodic spot check inspections to ensure that the submitted maps are
accurately reported. The bill would require the division to maintain
a list of active gas pipelines in sensitive areas.
Existing law establishes local health departments, under the
purview of the local health officer. Existing law prescribes various
duties for those local health departments, including supervising
remediation when hazardous waste is released and enforcing statutes
relating to public health.
This bill would require a local health officer or his or her
designee, if he or she is notified of a leak in an active gas
pipeline within a sensitive area and makes certain determinations, to
take certain actions related to the leak, working collaboratively
with the division and the owner or operator of that pipeline. The
bill would require the local public health officer or his or her
designee to direct the responsible party to notify residents affected
by the leak if he or she determines that the leak poses a serious
threat to public health and safety. Because the bill would require a
local health officer or his or her designee to provide a higher level
of service to the public, this bill would impose a state-mandated
local program.
This bill would require an owner or operator of an active gas
pipeline in a sensitive area, upon discovery of a leak from the
pipeline, to notify the division and the appropriate local health
officer or his or her designee of the leak. Because a violation of
this requirement 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In March 2014, a gas leak was detected beneath the community
of Arvin, California. Families were evacuated from their homes and
unable to return for several months.
(b) Existing regulations for the regular testing and evaluation of
smaller diameter pipelines like the one that leaked in Arvin,
California were insufficient to protect that community from a serious
gas leak.
(c) In view of the Arvin, California leak, the Division of Oil,
Gas, and Geothermal Resources should review and reassess its existing
regulations for active gas pipelines that are four inches or less in
diameter and update its regulations to ensure the integrity of those
active gas pipelines and to prevent, as far as possible, damage to
life, health, property, and natural resources.
(d) Given its jurisdiction and expertise, the Division of Oil,
Gas, and Geothermal Resources has the authority to determine the
appropriate methods for assessing the integrity of active gas
pipelines.
SEC. 2. Section 101042 is added to the Health and Safety Code, to
read:
101042. (a) If the local health officer or his or her designee is
notified of a leak in an active gas pipeline, that is within the
jurisdiction of the Division of Oil, Gas, and Geothermal Resources
and within a sensitive area, pursuant to Section 3270.6 of the Public
Resources Code and the local health officer or his or her designee
determines that the leak poses a risk to public health or safety and
that the response to the leak has been inadequate to protect the
public health or safety, the local health officer or his or her
designee shall, working collaboratively with the division and the
owner or operator of the pipeline, do both of the following:
(1) Direct the responsible party to test, to the satisfaction of
the agency overseeing the testing, the soil, air, and water in the
affected area for contamination caused by the leak and disclose the
results of the tests to the public.
(2) Make a determination, based on the result of the tests, on
whether the leak poses a serious threat to the public health and
safety of residents affected by the leak, and require the responsible
party to provide assistance, including temporary relocation, to
those residents if the local health officer or his or her designee so
determines.
(b) If the local health officer or his or her designee determines,
based on the results of the test, that the leak poses a serious
threat to public health and safety, the local health officer or his
or her designee shall direct the responsible party to notify all
residents affected by the leak.
(c) The responsible party shall be liable for the costs incurred
by the local health officer or his or her designee pursuant to this
section.
(d) Providing resident assistance and reimbursement for local
health officer expenses shall not relieve a responsible party from
liability for damages, and a responsible party shall not condition
assistance or request a waiver of liability from the recipient of the
assistance.
SEC. 3. Section 3270.5 is added to the Public Resources Code, to
read:
3270.5. (a) (1) By January 1, 2018, the division shall review and
evaluate, and update as appropriate, its existing regulations
regarding all active gas pipelines that are four inches or less in
diameter, located in sensitive areas, and 10 years old or older. The
division shall make a written finding of its review and evaluation of
these pipelines.
(2) In its review and evaluation, the division shall consider
existing pipeline integrity, pipeline leak detection, and other
pipeline assessment requirements imposed by other regulators to
determine which of these forms of assessment meet the division's
needs.
(3) The regulations shall ensure the integrity and operation of
these active gas pipelines pursuant to Sections 3106 and 3270.
(b) (1) By January 1, 2018, an operator of an active gas pipeline
in a sensitive area shall submit to the division, as part of
compliance with pipeline management plan requirements pursuant to
Section 1774.2 of Title 14 of the California Code of Regulations, an
up-to-date and accurate map identifying the location of the pipeline
and other up-to-date and accurate locational information of the
pipeline as determined and in a format specified by the division.
(2) The division shall perform random periodic spot check
inspections to ensure that the information submitted pursuant to
paragraph (1) is accurately reported.
(3) The division shall maintain a list of active gas pipelines in
sensitive areas.
(c) For purposes of this section, the following terms are defined
as follows:
(1) "Active gas pipeline" means an inservice gas pipeline
regardless of diameter that is within the division's jurisdiction.
(2) "Sensitive area" means any of the following:
(A) An area containing a building intended for human occupancy,
such as a residence, school, hospital, or business, that is located
within 300 feet of an active gas pipeline and that is not necessary
to the operation of the pipeline.
(B) An area determined by the supervisor to present significant
potential threat to life, health, property, or natural resources in
the event of a leak from an active gas pipeline.
(C) An area determined by the supervisor to have an active gas
pipeline that has a history of chronic leaks.
(d) This section does not affect or limit the authority of the
supervisor pursuant to Section 3106, 3270, or any other section of
this code, or any regulation implementing those sections.
SEC. 4. Section 3270.6 is added to the Public Resources Code, to
read:
3270.6. Upon the discovery of a leak from an active gas pipeline
that is within a sensitive area, as defined in Section 3270.5, the
owner or operator of the pipeline shall promptly notify the division
and the local health officer, or his or her designee, of the
jurisdiction in which the leak is located.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
