BILL NUMBER: AB 2559	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 14, 2012
	AMENDED IN SENATE  JUNE 27, 2012
	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 Section 65963.2 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2559, as amended, Buchanan. Local government: pipeline
projects: approval. 
   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. 
   Existing law, the Permit Streamlining Act, governs the approval
process that a city, county, or city and county  must
  is required to  follow when approving, among
other things, a project that is located within a flood hazard zone, a
permit for a hazardous waste facility project, and a permit for
construction or reconstruction for a development project for a
wireless telecommunications facility.
   This bill would require a city, county, or city and county to act
on an application by a gas corporation that is a public utility for a
ministerial pipeline project permit within a public street or
highway or any other public right-of-way within 10 business days of
determining that an application for the pipeline project  , as
defined,  is complete, except as specified, thereby imposing 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.  
   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 65963.2 is added to the Government Code, to
read:
   65963.2.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Commission" means the Public Utilities Commission.
   (2) "Pipeline integrity management  plan"  
program   "  means a  plan adopted 
 program verified  by the commission  to be in
compliance with state or federal regulations  that includes an
activity undertaken by a gas corporation that is a public utility to
enhance the safety of a natural gas pipeline  as required by the
commission, or the federal Pipeline and Hazardous Materials Safety
Administration in Subpart O of Part 192 of Title 49 of the Code of
Federal Regulations and 74 Federal Register 63906 (December 4, 2009)
 .
   (3) "Pipeline project" means a pipeline inspection, remediation,
removal, or replacement, including any valve, flange, meter, or other
piece of equipment directly attached to the pipeline, in accordance
with a pipeline integrity management  plan  
program  .
   (b) A city, county, or city and county shall act on an application
by a gas corporation that is a public utility for a ministerial
pipeline project permit within a public street or highway or any
other public right-of-way within 10 business days of determining that
an application for the pipeline project is complete.
   (c) If the city, county, or city and county cannot act on the
application within 10 business days of determining that an
application for the pipeline project is complete pursuant to
subdivision (b), the city, county, or city and county shall provide
the gas corporation with a written timeline indicating the time,
which shall occur as soon as possible, by which the city, county, or
city and county will act on the application. 
  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. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.