BILL NUMBER: AB 2559 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Buchanan
FEBRUARY 24, 2012
An act to add Chapter 5.5 (commencing with Section 8070) to
Division 4 of the Public Utilities Code, relating to natural gas
pipelines.
LEGISLATIVE COUNSEL'S DIGEST
AB 2559, as amended, Buchanan. Natural gas pipelines: pipeline
integrity management.
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, including the development,
submission, and administration of a state pipeline safety program
certification for natural gas pipelines.
This bill would require the commission to ensure that a
city, county, or city and county local entity is
provided notice by a gas corporation whenever a pipeline integrity
management plan, as defined, may result in the gas corporation
undertaking pipeline inspection, remediation, or replacement work
within the city, county, or city and county,
jurisdiction of the local entity, and the inspection,
remediation, or replacement work within that city, county,
or city and county and that work that jurisdiction
is likely to require action by the city, county, or
city and county local entity to approve or
facilitate the work. The bill would require that the city,
county, or city and county local entity that has
been provided with notice expedite any permitting , as defined,
or other actions necessary to complete any pipeline
inspection, remediation, or replacement work within the
city, county, or city and county jurisdiction of the
local entity that is necessary pursuant to the pipeline
integrity management plan. The bill would also
prohibit a local entity from imposing permit requirements that exceed
the scope of the proposed pipeline project, unless the additional
requirements specifically relate to the project and are necessary for
public safety. By requiring a higher level of service by local
governments government entities that
may be affected by work undertaken pursuant to a pipeline integrity
management plan, the bill would impose 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.
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. Chapter 5.5 (commencing with Section 8070) is added to
Division 4 of the Public Utilities Code, to read:
CHAPTER 5.5. NATURAL GAS PIPELINE CONSTRUCTION
8070. (a) For purposes of this section, "pipeline
integrity management plan" means the written integrity management
program prepared by a gas corporation to comply with the requirements
adopted by the federal Pipeline and Hazardous Materials Safety
Administration of the Department of Transportation pursuant to
Subpart O (commencing with Section 192.901) of Part 192 of Title 49
of the Code of Federal Regulations. the following
terms have the following meanings:
(1) "Expedite any permitting" means to issue a decision on a
permit within 10 business days of the submission of the permit
application. Where a local agency cannot issue a decision on a permit
within 10 business days of the submission of the permit application,
the agency shall provide a written explanation to the utility
applying for the permit, and shall provide the utility with a
timeline by which the agency will, as soon as possible, issue a
decision on the permit.
(2) "Local entity" means a city, county, city and county, local
agency, joint powers agency, special district, or any entity of local
government that has authority to grant approvals necessary to
implement a pipeline integrity management plan within the
jurisdiction of the local entity.
(3) "Pipeline integrity management plan" means the written
integrity management program prepared by a gas corporation to comply
with the requirements adopted by the federal Pipeline and Hazardous
Materials Safety Administration of the Department of Transportation
pursuant to Subpart O (commencing with Section 192.901) of Part 192
of Title 49 of the Code of Federal Regulations.
(b) The commission shall ensure that a city, county, or
city and county local entity is provided notice
by a gas corporation whenever a pipeline integrity management plan
may result in the gas corporation undertaking pipeline inspection,
remediation, or replacement work within the city, county, or
city and county jurisdiction of the local entity
, and the inspection, remediation, or replacement work is
likely to require action by the city, county, or city and
county local entity to approve or facilitate the
work.
(c) A city, county, or city and county
local entity that has been provided notice pursuant to
subdivision (b) shall expedite any permitting or other actions
necessary to complete any pipeline inspection, remediation, or
replacement work within the city, county, or city and county
jurisdiction of the local entity, and that is
necessary pursuant to an approved pipeline integrity management plan.
(d) A local entity shall not impose permit requirements that
exceed the scope of the proposed pipeline project, unless the
additional requirements specifically relate to the project and are
necessary for public safety.
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.