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

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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-Chaptered.html

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BILL NUMBER: AB 2559	CHAPTERED
	BILL TEXT

	CHAPTER  486
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2012
	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	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, 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 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 no reimbursement is required by this
act for a specified reason.


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 program" means a 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 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.  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.