BILL NUMBER: AB 1694	CHAPTERED
	BILL TEXT

	CHAPTER  112
	FILED WITH SECRETARY OF STATE  JULY 13, 2012
	APPROVED BY GOVERNOR  JULY 13, 2012
	PASSED THE SENATE  JUNE 28, 2012
	PASSED THE ASSEMBLY  MAY 10, 2012
	AMENDED IN ASSEMBLY  APRIL 25, 2012
	AMENDED IN ASSEMBLY  APRIL 16, 2012
	AMENDED IN ASSEMBLY  MARCH 21, 2012

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 15, 2012

   An act to amend Sections 4353 and 4453 of the Public Utilities
Code, relating to gas pipeline safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1694, Fuentes. Gas pipeline safety inspections.
   Existing law requires the Public Utilities Commission to undertake
a gas safety inspection and enforcement program for mobilehome parks
with distribution systems to ensure compliance with the federal
pipeline standards, as defined, by propane operators within the
state. Existing law requires that the commission conduct an initial
inspection, and, if the operator demonstrates compliance, to inspect
the system every 5 years.
   This bill would require that if the operator demonstrates
compliance with the initial inspection, additional inspections be
made at least once every 7 years pursuant to a risk-based inspection
schedule adopted by the commission.
   Existing law requires the Public Utilities Commission to undertake
a propane safety inspection and enforcement program for propane
distribution systems to ensure compliance with the federal pipeline
standards, as defined, by propane operators within the state.
Existing law requires that the commission conduct an initial
inspection, and, if the operator demonstrates compliance, inspect the
system once every 5 years for distribution systems with less than
100 customers, once every 3 years for distribution systems with 100
or more but less than 200 customers, and once every 2 years for
distribution systems with 200 or more customers.
   This bill would require that if the operator demonstrates
compliance with the initial inspection, additional inspections be
made at least once every 7 years pursuant to a risk-based inspection
schedule adopted by the commission.


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

  SECTION 1.  Section 4353 of the Public Utilities Code is amended to
read:
   4353.  (a) The commission shall conduct an initial inspection of
each distribution system which shall take place on the mobilehome
park premises. The inspection shall consist of all of the following:
   (1) An inspection of the adequacy of the operator's operation and
maintenance plan.
   (2) The information contained in the required annual report.
   (3) The records of leak surveys and repairs, corrosion control,
and cathodic protection of the system.
   (4) If deemed appropriate from the review of the records, a
physical inspection of the mobilehome park's distribution system to
ensure compliance with the federal law; the applicable sections of
Commission General Order 112 relating to mobilehome park distribution
systems, excluding the sections relating to gas transmission
facilities, LNG facilities, and gathering lines; and any rules and
orders adopted by the commission pursuant to this chapter.
   (b) If the operator demonstrates compliance pursuant to
subdivision (a), the distribution system shall thereafter be
inspected at least once every seven years pursuant to a risk-based
inspection schedule adopted by the commission. The subsequent
inspections shall consist of the elements specified in subdivision
(a). However, the commission may institute an inspection at any time
if it determines, following a review of a subsequent annual report or
receipt of a complaint, that an additional inspection is necessary.
   (c) If the operator does not demonstrate compliance pursuant to
subdivision (a), the distribution system may be inspected on an
annual basis until such time as there is compliance and, thereafter,
shall be inspected as specified in subdivision (b).
   (d) If upon the initial inspection or any subsequent inspection,
the commission determines the presence of a gas leak or other safety
hazard in the distribution system which poses a significant or
immediate danger to the health and safety of the park residents, the
distribution system may be inspected more frequently until the
condition is corrected. Once corrected, the park shall be inspected
as specified in subdivision (b).
   (e) The commission may require an operator to provide necessary
assistance to commission inspectors in entering and inspecting the
mobilehome park, including, but not limited to:
   (1) Allowing commission inspectors entry to mobilehome park
premises.
   (2) Having, upon notice, the necessary records specified in
subdivision (a) available for the commission inspector's review
during the physical inspection.
   (3) Assisting in surveying or uncovering portions of a
distribution system for purposes of inspection, verification, and
testing.
   (f) It shall be a violation for a mobilehome park operator to
willfully obstruct a commission inspector's access, entry, or
inspection of a mobilehome park.
   (g) The commission may enforce subdivision (f) by issuing a
citation in the manner specified in subdivision (b) of Section 4357
and shall notify the United States Department of Transportation, the
department or local enforcement agency, the utility serving the
distribution system, and the operator of any citation issued pursuant
to subdivision (f) of Section 4353.
  SEC. 2.  Section 4453 of the Public Utilities Code is amended to
read:
   4453.  (a) The commission shall conduct an initial inspection of
each distribution system which shall take place on the premises. The
inspection shall determine if the distribution system falls under the
commission's safety program pursuant to paragraph (2) of subdivision
(c) of Section 4452. If it is determined that it does not, then the
inspection shall be terminated immediately. Otherwise, the
inspection, and all followup inspections, shall consist of all of the
following:
   (1) A review of the adequacy of the operator's operation and
maintenance plan, emergency plan, and system map or maps.
   (2) Evaluation of the information contained in the required annual
report.
   (3) A review of the records of leak surveys and repairs, corrosion
control, and cathodic protection of the system.
   (4) If deemed appropriate from the review of the records, a
physical inspection of the propane distribution system to ensure
compliance with the federal law, the applicable sections of General
Order 112 relating to the distribution system, NFPA 58, and any rules
and orders adopted by the commission pursuant to this chapter.
   (b) If the operator demonstrates compliance pursuant to
subdivision (a), the distribution system shall thereafter be
inspected at least once every seven years pursuant to a risk-based
inspection schedule adopted by the commission. The subsequent
inspections shall consist of the elements specified in subdivision
(a). However, the commission may institute an inspection for a
distribution system of any size, at any time, if it determines,
following a review of a subsequent annual report or receipt of a
complaint, that an additional inspection is necessary.
   (c) If the operator does not demonstrate compliance pursuant to
subdivision (a), the distribution system may be inspected on an
annual basis until such time as there is compliance, and thereafter,
shall be inspected as specified in subdivision (b).
   (d) If upon the initial inspection or any subsequent inspection,
the commission determines the presence of a propane leak or other
safety hazard in the distribution system that poses a significant or
immediate danger to the health and safety of the customers, the
distribution system may be inspected more frequently until the
condition is corrected. Once corrected, the distribution system shall
be inspected as specified in subdivision (b).
   (e) The commission may require an operator to provide necessary
assistance to commission inspectors in entering and inspecting the
distribution systems, including, but not limited to:
   (1) Allowing commission inspectors entry to the premises.
   (2) Having, upon notice, the necessary records specified in
subdivision (a) available for the commission inspector's review
during the physical inspection.
   (3) Assisting in surveying or uncovering portions of the
distribution systems for purposes of inspection, verification, and
testing.
   (f) It shall be a violation for an operator to willfully obstruct
a commission inspector's access, entry, or inspection of a
distribution system or to remove a warning tag placed on the operator'
s tank by a commission inspector pursuant to subdivision (b) of
Section 4456.
   (g) The commission may enforce subdivision (f) by issuing a
citation in the manner specified in subdivision (b) of Section 4457,
and shall notify the department or local enforcement agency, the
supplier serving the distribution system, the State Fire Marshal,
local fire districts, and the operator of any citation issued
pursuant to this subdivision.
   (h) If the commission determined, upon inspection or a receipt of
a complaint or disclosure, that a distribution system pursuant to
paragraph (2) of subdivision (c) of Section 4452 is serving more than
nine customers, or if any portion of the system is located in a
public place, then the distribution system shall be subject to the
commission's safety program as set forth in this chapter.