Bill Text: CA AB2748 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Environmental disaster: release of claims: statute of limitations: attorneys' fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-09-26 - Vetoed by Governor. [AB2748 Detail]

Download: California-2015-AB2748-Amended.html

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BILL NUMBER: AB 2748	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 19, 2016

    An act to relating to the Aliso Canyon Gas Storage
Facility.   An act to add Section 3484.5 to the Civil
Code, relating to natural gas. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2748, as amended, Gatto. Aliso Canyon Gas Storage Facility:
leak: claims for damage to property.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including gas corporations. The
Public Utilities Act prohibits any gas corporation from beginning the
construction of, among other things, a line, plant, or system, or of
any extension thereof, without having first obtained from the
commission a certificate that the present or future public
convenience and necessity require or will require that construction.
Pursuant to existing law, the commission issued a certificate of
public convenience and necessity to Southern California Gas Company
for the Aliso Canyon Gas Storage Facility.
   Existing law establishes the Division of Oil, Gas, and Geothermal
Resources in the Department of Conservation and authorizes the State
Oil and Gas Supervisor, with the approval of the Director of
Conservation, to adopt rules and regulations that may be necessary to
carry out the purposes for which the division was established.
Pursuant to its existing authority, the supervisor has adopted
onshore well regulations that are applicable, in part, to gas storage
facilities.
   Existing law defines a nuisance as anything injurious to health,
indecent or offensive to the senses, or an obstruction to the free
use of property, as specified. Existing law defines a public nuisance
as a nuisance that affects at the same time an entire community or
neighborhood or any considerable number of persons, although the
extent of the annoyance or damage inflicted upon individuals may be
unequal, and makes every public nuisance a private nuisance as to
those affected by it. Existing law provides that the abatement of a
nuisance does not prejudice the right of any person to recover
damages for its past existence. 
   This bill would state the intent of the Legislature to enact
legislation that would facilitate the resolution of claims for
property damage against Southern California Gas Company growing out
of a major leakage of natural gas at its Aliso Canyon Gas Storage
Facility that commenced in October 2015, in order to achieve just
results while avoiding clogging the courts.  
   This bill would create a right of action against Southern
California Gas Company for any person owning real property in the
Porter Ranch area, as defined, on October 23, 2015, who suffers a
diminution in value of that real property resulting from the leakage
of natural gas from the Aliso Canyon Gas Storage Facility during 2015
and 2016. The right of action would accrue when the claimant first
offers the property for sale or seeks refinancing of the property.
The bill would specify a mechanism for measuring the diminution in
value.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Aliso Canyon Gas Storage
Facility leak. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 3484.5 is added to the 
 Civil Code   , to read:  
   3484.5.  (a) As used in this section, "Porter Ranch area" has the
same meaning as defined in the document titled "SS-25 Incident Aliso
Canyon Gas Leak Odorous Emissions Mitigation Plan and Temporary
Relocation Plan," dated December 15, 2015, included as Exhibit A in
the stipulation and order, filed December 24, 2015, with the superior
court of the County of Los Angeles in the People of the State of
California v. Southern California Gas Company, Case No. BC602973, and
including, but not limited to, the map titled "SoCalGas Complaints
and SCAQMD Air Sampling Locations" located in attachment B of the
plan document.
   (b) Any person owning real property in the Porter Ranch area on
October 23, 2015, who suffers a diminution in value of that real
property resulting from the leakage of natural gas from the Aliso
Canyon Gas Storage Facility during 2015 and 2016 shall have a right
of action against Southern California Gas Company for that diminution
in value. The cause of action shall accrue when the owner first
offers the property for sale or seeks refinancing of the property.
The diminution in value shall be calculated by determining the value
of the real property on October 22, 2015, identifying similarly
priced real property in neighboring communities on that date, then
comparing the value of the owner's real property at the time the
action accrues to the value of the properties in the neighboring
communities that had been similarly priced. The diminution in value
shall be the value of the property in the Porter Ranch area on the
date the action accrues subtracted from an average value on the date
the action accrues of properties in neighboring communities that were
priced similarly to the Porter Ranch area property as of October 22,
2015.
   (c) This section shall apply only to actions filed on and after
January 1, 2017. 
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution in order to achieve just results while
reducing court congestion as a result of the unique circumstances
involving a major leak of natural gas from the Aliso Canyon Gas
Storage Facility during 2015 and 2016.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would facilitate the resolution of claims
for property damage against Southern California Gas Company growing
out of a major leakage of natural gas at its Aliso Canyon Gas Storage
Facility that commenced in October 2015, in order to achieve just
results while avoiding clogging the courts.