Bill Text: CA SB1198 | 2019-2020 | Regular Session | Introduced
Bill Title: Wade Kilpatrick Gas Safety and Workforce Adequacy Act of 2020.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-12 - Referral to Coms. on E., U. & C., and JUD. rescinded due to the shortened 2020 Legislative Calendar. [SB1198 Detail]
Download: California-2019-SB1198-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1198
| Introduced by Senator Durazo |
February 20, 2020 |
An act to amend Section 4216.6 of the Government Code, and to amend Sections 950, 955.5, 958.5, and 975 of, to add Sections 951, 961.5, 962, 976, and 976.2 to, to add the heading of Article 1 (commencing with Section 328) to, and to add Article 2 (commencing with Section 328.3) to, Chapter 2.2 of Part 1 of Division 1 of, the Public Utilities Code, relating to natural gas.
LEGISLATIVE COUNSEL'S DIGEST
SB 1198, as introduced, Durazo.
Wade Kilpatrick Gas Safety and Workforce Adequacy Act of 2020.
(1) Existing law makes any operator or excavator who violates provisions relating to the protection of underground infrastructure subject to a civil penalty, as provided. Existing law authorizes specified entities to impose those civil penalties and requires, under certain circumstances, moneys derived from those civil penalties to be deposited in the Safe Energy Infrastructure and Excavation Fund. Existing law makes the moneys in the fund available, upon appropriation by the Legislature, for purposes of the California Underground Facilities Safe Excavation Board and to fund public education and outreach programs designed to promote excavation safety around subsurface installations, as specified.
This bill would make any contractor that causes damage to a subsurface installation as a result of failing to provide notice of the
need for a gas corporation to locate and mark its subsurface installations or commencing excavation before a gas corporation marks its subsurface installations subject to a civil penalty in an amount not to exceed $100,000 and possible suspension or revocation of the contractor’s license if specified conditions are met. The bill would require all moneys collected pursuant to these civil penalties, including all of the civil penalties in existing law described above, to be deposited in the Safe Energy Infrastructure and Excavation Fund.
(2) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. Existing law requires the commission to require each gas corporation to provide bundled basic gas service to all core customers in its service territory unless the customer chooses or contracts to have natural gas purchased and supplied by another entity.
This bill would require the commission to require each gas corporation to establish gas service, reconnect gas service, and respond to leak reports within specified timeframes, as provided. The bill would require each gas corporation to ensure it has an adequately sized, qualified, and properly trained gas corporation workforce, as defined, to carry out those requirements.
(3) Existing law, the Natural Gas Pipeline Safety Act of 2011, within the Public Utilities Act, requires each gas corporation, twice per year, or as determined by the commission, to file with the commission a gas transmission and storage safety report, as provided. Existing law also requires the commission to require a gas corporation to file a one-time report on methane leaks, as specified.
This bill would also require each gas corporation, twice per year, or as determined by the commission,
to file an analogous leak report with the commission.
(4) The Natural Gas Pipeline Safety Act of 2011 requires each gas corporation to develop a plan for the safe and reliable operation of its commission-regulated gas pipeline facility, as defined. The act requires the commission to accept, modify, or reject the plan for each gas corporation by December 31, 2012. The act requires the plan to ensure that an adequately sized, qualified, and properly trained gas corporation workforce carries out the plan’s provisions.
This bill would require the commission to review and republish those safety plans of each gas corporation not later than June 30, 2021. The bill would require each gas corporation to develop, sponsor, and conduct formal training, apprenticeship, and journeyworker-upgrade programs to recruit and train employees in the skills needed for the work traditionally performed by its employees.
(5) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program.
(6) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Wade Kilpatrick Gas Safety and Workforce Adequacy Act of 2020.SEC. 2.
Section 4216.6 of the Government Code is amended to read:4216.6.
(a) (1) Any operator or excavator who negligently violates this article is subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000).(2) Any operator or excavator who knowingly and willfully violates any of the provisions of this article is subject to a civil penalty in an amount not to exceed fifty thousand dollars ($50,000).
(3) Any contractor that causes damage to a subsurface installation as a result of failing to provide notice of the need for a gas corporation to locate and mark its subsurface installations or commencing excavation before a gas corporation marks
its subsurface installations is subject to a civil penalty in an amount not to exceed one hundred thousand dollars ($100,000) and may have its license temporarily suspended or permanently revoked by the Contractors’ State License Board pursuant to Article 7 (commencing with Section 7090) of Chapter 9 of Division 3 of the Business and Professions Code if either of the following conditions is met:
(A) The contractor was penalized pursuant to paragraph (1) or (2) in the five years prior to the incident.
(B) An investigation demonstrates that the contractor has two or more instances of failing to provide notice to a gas corporation to locate and mark its subsurface installations or commencing excavation before a gas corporation marks its subsurface installations.
(3)
(4) Except as otherwise specifically provided in this article, this section is not intended to affect any civil remedies otherwise provided by law for personal injury or for property damage, including any damage to subsurface installations, nor is this section intended to create any new civil remedies for those injuries or that damage.
(4)
(5) This article shall not be construed to limit any other provision of law granting governmental immunity to state or local agencies or to impose any liability or duty of
care not otherwise imposed by law upon any state or local agency.
(b) An action may be brought by the Attorney General, the district attorney, or the local or state agency that issued the permit to excavate, for the enforcement of the civil penalty pursuant to this section in a civil action brought in the name of the people of the State of California. If penalties are collected as a result of a civil suit brought by a state or local agency for collection of those civil penalties, the penalties imposed shall be paid to the general fund of the agency. If more than one agency is involved in enforcement, the penalties imposed shall be apportioned among them by the court in a manner that will fairly offset the relative costs incurred by the state or local agencies, or both, in collecting these fees.
(c) The requirements of this article may also be enforced following a recommendation of
the California Underground Facilities Safe Excavation Board by the following agencies, that shall act to accept, amend, or reject the recommendations of the board as follows:
(1) The Registrar of Contractors of the Contractors’ State License Board shall enforce the provisions of this article on contractors, as defined in Article 2 (commencing with Section 7025) of Chapter 9 of Division 3 of the Business and Professions Code, and telephone corporations, as defined in Section 234 of the Public Utilities Code, when acting as a contractor, as defined in Article 2 (commencing with Section 7025) of Chapter 9 of Division 3 of the Business and Professions Code. Nothing in this section affects the California Public Utilities Commission’s existing authority over a public utility.
(2) The Public Utilities Commission shall enforce the provisions of this article on gas corporations, as defined
in Section 222 of the Public Utilities Code, and electrical corporations, as defined in Section 218 of the Public Utilities Code, and water corporations, as defined in Section 241 of the Public Utilities Code.
(3) The Office of the State Fire Marshal shall enforce the provisions of this article on operators of hazardous liquid pipeline facilities, as defined in Section 60101 of Chapter 601 of Subtitle VIII of Title 49 of the United States Code.
(d) A local governing board may enforce the provisions of this article on local agencies under the governing board’s jurisdiction.
(e) Commencing July 1, 2020, the California Underground Facilities Safe Excavation Board shall enforce the provisions of this article on persons other than those listed in subdivisions (c) and (d). The board shall not initiate an enforcement action
pursuant to this subdivision for a violation that occurred prior to July 1, 2020.
(f) Moneys collected as a result of penalties imposed pursuant to subdivisions (c) and (e) subdivision (a) shall be deposited into the Safe Energy Infrastructure and Excavation Fund.
(g) Statewide information provided by operators and excavators regarding incident events shall be compiled and made available in an annual report by regional notification centers and posted on the Internet Web sites of the regional notification centers.
(h) For purposes of subdivision (g), the following terms have the following meanings:
(1) “Incident event” means the occurrence of excavator downtime, damages, near misses, and violations.
(2) “Statewide information” means information submitted by operators and excavators using the California Regional Common Ground Alliance’s Virtual Private Damage Information Reporting Tool. Supplied data shall comply with the Damage Information Reporting Tool’s minimum essential information as listed in the most recent version of the Best Practices guide of the Common Ground Alliance.
SEC. 3.
The heading of Article 1 (commencing with Section 328) is added to Chapter 2.2 of Part 1 of Division 1 of the Public Utilities Code, to read:Article 1. General Provisions
SEC. 4.
Article 2 (commencing with Section 328.3) is added to Chapter 2.2 of Part 1 of Division 1 of the Public Utilities Code, to read:Article 2. Natural Gas Service
328.3.
(a) The commission shall require a gas corporation to establish gas service within a reasonable time not to exceed four days after an initial request.(b) The commission shall require a gas corporation to reconnect gas service terminated for any reason within three days after the conditions for reconnection have been met and in case of a reconnection after disconnection for nonpayment, service restoration shall occur within 24 hours.
(c) The commission shall require a gas corporation to respond to any report of leakage or evidence of leakage within the timelines established by the gas corporation for leak response, but in no instance longer than the maximum period as established
by the commission for grade 3 leaks in consideration of safety impacts.
(d) A gas corporation shall report annually to the commission concerning its compliance with subdivisions (a), (b), and (c).
(e) (1) A gas corporation shall ensure it has an adequately sized, qualified, and properly trained gas corporation workforce to carry out the requirements of subdivisions (a), (b), and (c).
(2) (A) “Adequately sized, qualified, and properly trained gas corporation workforce,” for purposes of this chapter and for implementing the commission’s General Order 112, means the full number of trained and qualified workers necessary to carry out the requirements of this chapter, the requirements of the gas corporation’s adopted safety plan, and the requirements of the gas corporation’s
operation and maintenance procedures to achieve service connection and reconnection and leak reductions, including repair according to their terms and on a timely basis, in order to promote the safety, health, comfort, and convenience of its ratepayers, employees, and the public.
(B) The definition of “adequately sized, qualified, and properly trained gas corporation workforce” in subparagraph (A) establishes both (i) a quantitative standard that assists gas corporations in their efforts to meet the commission’s and the public’s expectations about adequate, safe, and reliable service delivered on a timely basis; and (ii) a qualitative standard that tasks related to gas service be performed by qualified individuals trained to have the necessary knowledge and skills to perform those services in a manner that ensures the safe operation of pipeline facilities, as provided in federal regulations, including Sections 192.803 and 192.805 of Title 49 of
the Code of Federal Regulations, and state law.
(f) The commission shall require that gas corporation expenditures pursuant to this section be recoverable in rates.
SEC. 5.
Section 950 of the Public Utilities Code is amended to read:950.
For purposes of this chapter, the following terms have the following meanings:(a) (1) “Adequately sized, qualified, and properly trained gas corporation workforce,” for purposes of this chapter and for implementing the commission’s General Order 112, means the full number of trained and qualified workers necessary to carry out the requirements of this chapter, the requirements of the gas corporation’s adopted safety plan, and the requirements of the gas corporation’s operation and maintenance procedures to achieve leak reductions, including repair according to their terms and on a timely basis, in order to promote the safety, health, comfort, and convenience of its ratepayers,
employees, and the public.
(2) The definition of “adequately sized, qualified, and properly trained gas corporation workforce” in paragraph (1) establishes both (A) a quantitative standard that assists gas corporations in their efforts to meet the commission’s and the public’s expectations about adequate, safe, and reliable service delivered on a timely basis; and (B) a qualitative standard that tasks related to gas service be performed by qualified individuals trained to have the necessary knowledge and skills to perform those services in a manner that ensures the safe operation of pipeline facilities, as provided in federal regulations, including Sections 192.803 and 192.805 of Title 49 of the Code of Federal Regulations, and state law.
(a)
(b) “Commission-regulated gas pipeline facility” means an intrastate gas pipeline facility as defined in Section 60101 of Title 49 of the United States Code, that is subject to the safety regulatory authority of the commission to the extent authorized in the certification submitted by the commission and approved by the United States Secretary of Transportation pursuant to Section 60105 of Title 49 of the United States Code, including each of the following pipelines:
(1) An intrastate distribution line, which is a pipeline that is not subject to the jurisdiction of the Federal Energy Regulatory Commission pursuant to Section 717(b) of Title 15 of the United States Code because it is used for the local distribution of natural gas.
(2) An intrastate transmission line, which is a transmission pipeline that the commission, pursuant to Section 717(c) of Title 15 of the United States Code, has certified to the Federal Energy Regulatory Commission as being subject to the regulatory jurisdiction of the commission over rates and service. For these purposes, a transmission pipeline means a pipeline other than a gathering line that: (A) transports gas from a gathering line or storage facility to a distribution center, storage facility, or large volume customer that is not downstream from a distribution center, (B) operates at a hoop stress of 20 percent or more of specified minimum yield strength, or (C) transports gas within a storage field.
(3) An intrastate gathering line, which is a pipeline that transports gas from a current production facility to a transmission line or main.
(4) A mobilehome park master-metered natural gas distribution system that is subject to the commission’s safety inspection and enforcement program pursuant to Chapter 4 (commencing with Section 4351) of Division 2.
(5) A propane distribution system that is subject to the commission’s safety inspection and enforcement program pursuant to Chapter 4.1 (commencing with Section 4451) of Division 2.
(b)
(c) “Compatible emergency response standards” means emergency response standards that are applicable to intrastate transmission and distribution lines that
are in addition to, or more stringent than, the minimum safety standards adopted by the United States Department of Transportation pursuant to Chapter 601 (commencing with Section 60101) of Subtitle VIII of Title 49 of the United States Code and that the commission is authorized to adopt pursuant to Section 60104(c) of that chapter.
(c)
(d) “High consequence area” has the same meaning as defined in the regulations adopted by the United States Department of Transportation pursuant to Chapter 601 (commencing with Section 60101) of Subtitle VIII of Title 49 of the United States Code (49 C.F.R. 192.903, as adopted January 1, 2011, or a successor
regulation).
SEC. 6.
Section 951 is added to the Public Utilities Code, to read:951.
The Legislature finds and declares all of the following:(a) The Legislature has established that safety of the natural gas pipeline infrastructure in California is a priority for the commission and gas corporations, and nothing in this article should compromise or deprioritize safety as a top consideration.
(b) It is undisputed that natural gas pipelines and infrastructure in California leak natural gas. The incidence of natural gas leaks and their repair is considered by the industry and regulators to be a significant indicator of pipeline integrity and safety.
(c) The Legislature has established a policy goal to significantly reduce
emissions of greenhouse gases in California.
(d) There is a growing awareness of the potency of methane, the primary component of natural gas, as a greenhouse gas. The Intergovernmental Panel on Climate Change estimates that the global warming potential of methane is 28 times that of carbon dioxide over a 100-year time horizon and 84 times that of carbon dioxide over a 20-year time horizon. There is also a growing awareness that climate change impacts impose high social costs, including impacts upon the public health and economy.
(e) Reducing methane emissions by promptly and effectively repairing or replacing the pipes and associated infrastructure responsible for these leaks advances both policy goals of ensuring natural gas pipeline safety and integrity and reducing emissions of greenhouse gases.
(f) Existing
federal and state rules and regulations pertaining to the natural gas transmission and distribution system and associated infrastructure were not developed for the purpose of preventing the climate change impacts from leaks of natural gas.
(g) Examining the methods used by gas corporations under existing federal and state rules to conduct and schedule leak repair and prevention based on the implications of these practices with respect to emissions of greenhouse gases, in addition to safety, will enable a more thorough evaluation of whether existing practices are commensurate with California’s goals for reducing emissions of greenhouse gases.
(h) Reducing leaks and repairing pipelines and associated infrastructure in California provides significant employment opportunities for California residents and for domestic fabricators of high-quality pipeline materials and other equipment
associated with finding and fixing leaks.
(i) Providing just and reasonable rate revenues for gas corporations to find, categorize, and repair leaks promptly when discovered, including employing an adequate workforce, is in the public interest, and promotes the interests of customers and the public.
SEC. 7.
Section 955.5 of the Public Utilities Code is amended to read:955.5.
(a) For purposes of this section, the following terms have the following meanings:(1) “Gas pipeline” means an intrastate distribution line as described in paragraph (1) of, or an intrastate transmission line as described in paragraph (2) of subdivision (a) (b) of Section 950.
(2) “Hospital” means a licensed general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
(3) “School” means a public or private
preschool, elementary, or secondary school.
(b) A gas corporation shall provide not less than three working days’ notice to the administration of a school or hospital prior to undertaking nonemergency excavation or construction of a gas pipeline, excluding any work that only uses hand tools, pneumatic hand tools, or vacuum technology for the purpose of marking and locating a subsurface installation pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code, if the work is located within 500 feet of the school or hospital. The notification shall include all of the following:
(1) The name, address, telephone number, and emergency contact information for the gas corporation.
(2) The specific location of the gas pipeline where the excavation or construction will be
performed.
(3) The date and time the excavation or construction is to be conducted and when the work is expected to be completed.
(4) An invitation and a telephone number to call for further information on what the school or hospital should do in the event of a leak.
(c) The gas corporation shall maintain a record of the date and time of any notification provided to the administration of a school or hospital prior to undertaking nonemergency excavation or construction of a gas pipeline and any subsequent contacts with the administration of a school or hospital relative to the excavation or construction and the actions taken, if any, in response to those subsequent contacts. The gas corporation shall maintain these records and make them available for inspection for no less than five years from the date of the
notification.
SEC. 8.
Section 958.5 of the Public Utilities Code is amended to read:958.5.
(a) Twice a year, or as determined by the commission, each gas corporation shall file with the division of the commission responsible for utility safety a gas transmission and storage safety report and leak report. The division of the commission responsible for utility safety shall review the reports to monitor each gas corporation’s storage and pipeline-related activities to assess whether the projects that have been identified as high risk are being carried out,(b) The gas transmission and storage safety report shall include a thorough description and explanation of the strategic planning and decisionmaking approach used to determine and rank the gas storage projects, prioritize intrastate transmission line safety, integrity, and reliability, operation and maintenance activities, and inspections of its intrastate transmission lines.
lines, and ensure workforce adequacy. If there has been no change in the gas corporation’s approach for determining and ranking which projects and activities are prioritized since the previous gas transmission and storage safety report, the subsequent report may reference the immediately preceding report.
(c) If the division of the commission responsible for utility safety determines that there is a deficiency in a gas corporation’s prioritization or administration of the storage or pipeline capital projects or operation and maintenance activities, activities are failing to meet the state’s policy to minimize hazards and reduce gas leaks,
the division shall bring the problems to the commission’s immediate attention.
SEC. 9.
Section 961.5 is added to the Public Utilities Code, to read:961.5.
(a) For purposes of implementing subdivision (e) of Section 961 and subdivision (g) of Section 975, the commission shall provide for meaningful and robust participation of gas corporation employees in all aspects of plan development, plan implementation, commission review, and commission enforcement, including regular ongoing consultation by the gas corporation with representatives of the union workforce designated by its collective bargaining representative.(b) The division of the commission responsible for utility safety shall provide for regular channels of communication for gas corporation employees and their collective bargaining representatives to provide information and consultation to the commission and to the gas corporation about
ongoing safety and leak-reduction programs, including informal channels as well as opportunities for participation in formal commission proceedings, including the Safety Model Assessment Proceeding (S-MAP) and Risk Assessment Mitigation Phase (RAMP) proceedings established by the commission as elements of the ratemaking procedures for gas corporations.
(c) The activities described in this section shall constitute a substantial contribution, as defined in Section 1802, for purposes of Section 1803.
SEC. 10.
Section 962 is added to the Public Utilities Code, to read:962.
The commission shall review and republish the safety plans of each gas corporation required by Section 961 not later than June 30, 2021, and shall include an assessment of plan compliance, including with the requirement of an adequate workforce.SEC. 11.
Section 975 of the Public Utilities Code is amended to read:975.
(a) For purposes of this chapter, “commission-regulated gas pipeline facility” has the same meaning as defined in Section 950.(b) With priority given to safety, reliability, and affordability of service, the commission shall adopt rules and procedures governing the operation, maintenance, repair, and replacement of those commission-regulated gas pipeline facilities that are intrastate transmission and distribution lines, as described in paragraphs (1) and (2) of subdivision (a) (b) of Section 950, to achieve both of the following:
(1) Minimize leaks as a hazard to be mitigated pursuant to paragraph (1) of subdivision (d) of Section 961, consistent with the requirements of Section 192.703(c) of Subpart M of Title 49 of the Code of Federal Regulations, the commission’s General Order 112-E, and their successors.
(2) While giving due consideration to the cost considerations of Section 977, reduce emissions of natural gas from those commission-regulated gas pipeline facilities that are intrastate transmission and distribution lines to the maximum extent feasible in order to advance the state’s goals in reducing emissions of greenhouse gases pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(c) (1) As soon as practicable, the commission shall require gas corporations to file a report that includes, but is not limited to, all of the following:
(1)
(A) A summary of utility leak management practices.
(2)
(B) A list of new methane leaks in 2013
since the prior report by grade.
(3)
(C) A list of open leaks that are being monitored or are scheduled to be repaired.
(4)
(D) A best estimate of gas loss due to leaks.
(2) A gas corporation shall file the report described in paragraph (1) twice a year, or as determined by the commission, pursuant to Section 958.5.
(d) Not later than January 15, 2015, the commission, in consultation with the State Air Resources Board, shall commence a proceeding to adopt rules and procedures for those commission-regulated pipeline facilities that are intrastate transmission and distribution lines, as respectively described in paragraphs (1) and (2) of subdivision (a) (b) of Section 950, to achieve the goals of subdivision (b).
(e) The rules and procedures adopted pursuant to subdivision (d) shall accomplish all of the following:
(1) Provide for the maximum technologically feasible and cost-effective avoidance, reduction, and repair of leaks and leaking components in those commission-regulated gas pipeline facilities that are intrastate transmission and distribution lines within a reasonable time after discovery, consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) to achieve the goals in subdivision (b).
(2) Provide for the repair of leaks as soon as reasonably possible after discovery, consistent with established safety requirements and the goals of reducing air pollution and the climate change impacts of methane emissions. Every leak discovered or detected shall be repaired as soon as reasonably possible after discovery, with a goal
of minimizing methane emissions from the leak, but in no case shall a leak remain unrepaired for more than one year after discovery or detection.
(3) Evaluate the operations, maintenance, and repair practices of those commission-regulated gas pipeline facilities that are intrastate transmission and distribution lines to determine whether existing practices are effective at reducing methane leaks and promoting public safety, consistent with Section 961, achieve the goals of subdivision (b), and whether alternative practices may be more effective at achieving the goals of subdivision (b).
(4) Establish and require the use of best practices for leak surveys, patrols, leak survey technology, leak prevention, and leak reduction. The commission shall consider in the development of best practices the quality of materials and equipment. Collected leak data shall
remain the property of the utility and shall be available to the commission and parties in commission proceedings as determined by the commission or specified by statute.
(5) Establish protocols and procedures for the development and use of metrics to quantify the volume of emissions from leaking gas pipeline facilities, and for evaluating and tracking leaks geographically and over time, that may be incorporated into the plans required by Section 961, or into other state emissions tracking systems, or both, including the regulations for the reporting of greenhouse gases of the State Air Resources Board. The quantification of emissions shall provide operators, the commission, and the public with accurate information about the number and severity of leaks and about the quantity of natural gas that is emitted into the atmosphere over time.
(6) To the extent feasible, require the
owner of each commission-regulated gas pipeline facility that is an intrastate transmission or distribution line to calculate and report to the commission and the State Air Resources Board a baseline systemwide leak rate, along with any data and computer models used in making that calculation, to periodically update that systemwide leak rate calculation, and to annually report on measures that will be taken in the following year to reduce the systemwide leak rate to achieve the goals of subdivision (b).
(f) The rules and procedures, including best practices and repair standards, shall be incorporated into the safety plans required by Section 961 and the applicable general orders adopted by the commission.
(g) Consistent with subdivision (e) of Section 961, the commission shall facilitate robust ongoing participation of the workforce of gas corporations and those state and federal
entities that have regulatory roles of relevance in all aspects of the proceeding to ensure that the rules and procedures it adopts are not inconsistent with the regulations and procedures adopted by those agencies. Nothing in this section affects the commission’s authority to determine eligibility for intervenor compensation.
(h) Nothing in this article shall affect or shall be interpreted to affect the existing authority of the State Air Resources Board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions and to maintain and continue emission reductions under the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
SEC. 12.
Section 976 is added to the Public Utilities Code, to read:976.
The Legislature finds and declares all of the following:(a) Maintaining an adequately sized, qualified, and properly trained gas corporation workforce to operate and maintain the natural gas transportation, delivery, and utilization infrastructure in accordance with state policy regarding minimizing hazards and minimizing leaks as that infrastructure evolves in response to climate change policies is in the public interest.
(b) There is a need for each gas corporation to develop and maintain a workforce that is skilled and trained in the gas system fieldwork traditionally performed by its employees and repairing appliances using natural gas.
(c) The need described in subdivision (b) can and should be met through formal training, apprenticeship, and journeyworker-upgrade programs for gas corporation employees, sponsored and conducted by each gas corporation, jointly with the collective bargaining representative of its employees if they are represented in collective bargaining.
(d) The need described in subdivision (b) can and should be met through recruitment approaches for training and apprenticeship programs that focus on employment of military veterans, formerly incarcerated persons, and residents of disadvantaged communities that rely on safe, responsive, and affordable natural gas service.
SEC. 13.
Section 976.2 is added to the Public Utilities Code, to read:976.2.
(a) A gas corporation shall develop, sponsor, and conduct formal training, apprenticeship, and journeyworker-upgrade programs to recruit and train its employees in the skills needed for the gas system fieldwork traditionally performed by its employees and for installing, adjusting, troubleshooting, and repairing appliances using natural gas.(b) Programs described in subdivision (a) shall be known as gas corporation journeyworker and apprentice training programs and shall be consistent with Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code, except that those programs shall not be subject to the provisions of Sections 3075 and 3075.5 of the Labor Code relating to programs and proposed programs in the building and
construction trades and firefighting.
(c) If the gas corporation’s employees who will perform work described in subdivision (a) are represented in collective bargaining, the program shall be developed, sponsored, and conducted jointly with the labor organization representing those employees.
(d) A gas corporation shall make good faith efforts to recruit military veterans, formerly incarcerated persons, and residents of disadvantaged communities that rely on safe, responsive, and affordable natural gas service into the training, apprenticeship, and journeyworker-upgrade programs established pursuant to this section.
