Bill Text: CA AB2559 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Local government: pipeline projects: approval.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-23 - Chaptered by Secretary of State - Chapter 486, Statutes of 2012. [AB2559 Detail]

Download: California-2011-AB2559-Amended.html

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BILL NUMBER: AB 2559	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 21, 2012
	AMENDED IN ASSEMBLY  APRIL 17, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 24, 2012

   An act to add Chapter 5.5 (commencing with Section 8070) to
Division 4 of the Public Utilities Code, relating to natural gas
pipelines.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2559, as amended, Buchanan. Natural gas pipelines: pipeline
integrity management.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including gas corporations, as
defined. 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 ensure that a local
entity is provided notice by a gas corporation whenever a pipeline
integrity management plan, as defined, may result in the gas
corporation undertaking pipeline inspection, remediation, or
replacement work within the jurisdiction of the local entity, and the
inspection, remediation, or replacement work within that
jurisdiction is likely to require action by the local entity to
approve or facilitate the work. The bill would require that the local
entity that has been provided with notice expedite any permitting,
as defined, or other actions necessary to complete any pipeline
inspection, remediation, or replacement work within the jurisdiction
of the local entity that is necessary pursuant to the pipeline
integrity management plan.  The bill would require a local entity
that cannot issue a decision on a permit within 10 business days of
the submission of the permit application, to provide a written
explanation to the utility applying for the permit, and to provide
the utility with a timeline by which the local entity will, as soon
as possible, issue a decision on the permit.  The bill would
also prohibit a local entity from imposing permit requirements that
exceed the scope of the proposed pipeline project, unless the
additional requirements specifically relate to the project and are
necessary for public safety. By requiring a higher level of service
by local government entities that may be affected by work undertaken
pursuant to a pipeline integrity management plan, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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.  Chapter 5.5 (commencing with Section 8070) is added to
Division 4 of the Public Utilities Code, to read:
      CHAPTER 5.5.  NATURAL GAS PIPELINE CONSTRUCTION


   8070.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Expedite any permitting" means to issue a decision on a
permit within 10 business days of the submission of the permit
application.  Where a local agency cannot issue a decision on
a permit within 10 business days of the submission of the permit
application, the agency shall provide a written explanation to the
utility applying for the permit, and shall provide the utility with a
timeline by which the agency will, as soon as possible, issue a
decision on the permit. 
   (2) "Local entity" means a city, county, city and county, local
agency, joint powers agency, special district, or any entity of local
government that has authority to grant approvals necessary to
implement a pipeline integrity management plan within the
jurisdiction of the local entity.
   (3) "Pipeline integrity management plan" means  the
written integrity management program prepared by a gas corporation to
comply with the requirements adopted by the federal Pipeline and
Hazardous Materials Safety Administration of the Department of
Transportation pursuant to Subpart O (commencing with Section
192.901) of Part 192 of Title 49 of the Code of Federal Regulations
  an activity undertaken by a public utility to enhance
the safety of an intrastate natural gas pipeline in accordance with a
decision, rule, or regulation adopted by the commission  .
   (b) The commission shall ensure that a local entity is provided
notice by a gas corporation whenever a pipeline integrity management
plan may result in the gas corporation undertaking pipeline
inspection, remediation, or replacement work within the jurisdiction
of the local entity, and the inspection, remediation, or replacement
work is likely to require action by the local entity to approve or
facilitate the work.
   (c) A local entity that has been provided notice pursuant to
subdivision (b) shall expedite any permitting or other actions
necessary to complete any pipeline inspection, remediation, or
replacement work within the jurisdiction of the local entity, and
that is necessary pursuant to an approved pipeline integrity
management plan.  Where a local entity cannot issue a decision on
a permit within 10 business days of the submission of the permit
application, the local entity shall provide a written explanation to
the utility applying for the permit, and shall provide the  
utility with a timeline by which the local entity will, as soon as
possible, issue a decision on the permit. 
   (d) A local entity shall not impose permit requirements that
exceed the scope of the proposed pipeline project, unless the
additional requirements specifically relate to the project and are
necessary for public safety.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains 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.