BILL NUMBER: SB 44	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Corbett

                        DECEMBER 8, 2010

   An act to add  Section 769 to   Chapter 4.5
(commencing with Sectio  n 950) to Part 1 of Division 1 of
 the Public Utilities Code, relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 44, as amended, Corbett. Public utilities: gas pipeline
emergency response standards.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities. The Public Utilities Act authorizes
the commission to ascertain and fix just and reasonable standards,
classifications, regulations, practices, measurements, or services to
be furnished, imposed, observed, and followed by specified public
utilities, including gas corporations, as defined.
   Existing federal law requires the United States Department of
Transportation Pipeline and Hazardous Materials Safety Administration
(PHMSA) to adopt minimum safety standards for pipeline
transportation and for pipeline facilities, including an interstate
gas pipeline facility and an intrastate gas pipeline facility, as
defined.  Existing law authorizes the United States Secretary of
Transportation to prescribe or enforce safety standards and practices
for an   intrastate pipeline facility or intrastate
pipeline transportation to the extent that the safety standards and
practices are regulated by a state authority that annually submits to
the secretary a certification for the facilities and transportation
or, alternatively, authorizes the secretary to make an agreement with
a state authority authorizing it to take necessary action to meet
certain pipeline safety requirements.  Existing federal law
prohibits a state authority from adopting or continuing in force
safety standards for interstate pipeline facilities or interstate
pipeline transportation, but permits a state authority that has
submitted a specified certification to adopt additional or more
stringent safety standards for intrastate pipeline facilities and
intrastate pipeline transportation only if those standards are
compatible with the minimum standards prescribed by PHMSA.
   This bill would  designate 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. The bill would  require the commission, by July 1,
2012, to  commence a process   open an
appropriate proceeding or expand the scope of an existing proceeding
 to establish compatible emergency response standards, as
defined, that owners or operators of  certain 
commission-regulated gas pipeline facilities, as defined, would be
required to follow. The standards would require owners or operators
of  commission-regulated gas pipeline facilities 
 intrastate transmission and distribution lines  to
implement emergency response plans, with specified requirements, that
are compatible with PHMSA's regulations concerning emergency plans.
 The bill would require the owners of intrastate transmission
lines to provide the State Fire Marshal and the chief fire official
of the applicable local government with instructions on how to access
and utilize the National Pipeline Mapping System developed by PHMSA
to improve local response capabilit   ies for pipeline
emergencies.  The bill would require the commission to report to
the Legislature on the status of establishing the compatible
emergency response standards on or before January 1, 2013.
   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 the provisions of this bill are within the act and require
action by the commission to implement its requirements, a violation
of these provisions would impose a state-mandated local program by
creating a new crime.
   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.
   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.    Section 769 is added to the Public
Utilities Code, to read:
   769.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "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 regulatory
authority of the commission, including both of the following
pipelines:
   (A) 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.
   (B) A 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.
   (2) "Compatible emergency response standards" means additional or
more stringent safety standards concerning emergency response for
commission-regulated gas pipeline facilities that are compatible with
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.
   (b) On or before July 1, 2012, the commission shall commence a
process  
  SECTION 1.    Chapter 4.5 (commencing with Section 950) is
added to Part 1 of Division 1 of the Public Utilities Code, to read:

      CHAPTER 4.5.   GAS PIPELINE SAFETY

 

      Article 1.  General


   950.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "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, 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 maximum 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) "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. 

      Article 2.   Natural Gas Pipeline Safety Act of 2011

 
   955.  (a) This article shall be known and may be cited as the
Natural Gas Pipeline Safety Act of 2011.
   (b) The commission is the state authority responsible for
regulating and enforcing intrastate gas pipeline transportation and
pipeline facilities pursuant to Chapter 601 (commencing with Section
60101) of Subtitle VIII of Title 49 of the United States Code,
including the development, submission, and administration of a state
pipeline safety program certification for natural gas pipelines
pursuant to Section 60105 of that chapter.
   (c) The State Fire Marshal shall exercise exclusive safety
regulatory and enforcement authority over intrastate hazardous liquid
pipelines pursuant to the Elder California Pipeline Safety Act of
1981 (Chapter 5.5 (commencing with Section 51010) of Division 1 of
Title 5 of the Government Code and Section 13107.5 of the Health and
Safety Code). 
   956.   (a)     On or before July 1,
2012, the commission shall open an appropriate proceeding or expand
the scope of an existing proceeding  to establish compatible
emergency response standards that owners or operators of
commission-regulated gas pipeline facilities shall be required to
follow  for intrastate transmission and distribution lines 
. The commission shall establish the standards to ensure that
 commission-regulated gas pipeline facilities  
intrastate transmission and distribution lines  have emergency
response plans that adequately prepare them for a natural disaster or
malfunction that could cause injury to human life or property, with
the purpose of minimizing the occurrence of both. 
   (c) 
    (b)  The commission shall establish the compatible
emergency response standards in consultation with the  Office
of Emergency Services   California Emergency Management
Agency  and members of California's first responder community
including, but not limited to, members of the California Fire Chiefs
Association. 
   (d) 
    (c)  The compatible emergency response standards shall
require owners or operators of  commission-regulated gas
pipeline facilities   intrastate transmission and
distribution lines  to implement emergency response plans that
are compatible with the United States Department of Transportation
Pipeline and Hazardous Materials Safety Administration's regulations
concerning emergency plans contained in Title 49 of Section 192.615
of the Code of Federal Regulations, and those plans shall include,
but not be limited to, all of the following requirements:
   (1) Emergency shutdown and pressure reduction shall be utilized
whenever deemed necessary and appropriate by the owners or operators
to minimize hazards to life or property. An owner or operator shall
notify appropriate first responders of emergency shutdown and
pressure reduction.
   (2) During an emergency response effort, the incident commander
may direct coordination between first responders and owners or
operators to ensure timely and ongoing communication on decisions for
emergency shutdown and pressure reduction.
   (3) Owners or operators of  commission-regulated gas
pipeline facilities   intrastate   transmission
and distribution lines  shall establish and maintain liaison
with appropriate fire, police, and other public officials to do all
of the following:
   (A) Learn the responsibility and resources of each government
organization that may respond to a gas pipeline emergency, including,
but not limited to, the role of the incident commander in an
emergency.
   (B) Acquaint the officials with the owner's or operator's ability
in responding to a gas pipeline emergency.
   (C) Identify the types of gas pipeline emergencies of which the
owner or operator notifies the officials.
   (D) Plan how the owner or operator and officials can engage in
mutual assistance to minimize hazards to life or property.
   (E) Identify and update information on individual personnel
responsible for the liaison with the appropriate first responder
organizations.
   (4) Owners and operators of  commission-regulated gas
pipeline facilities   intrastate transmission lines
 shall provide the State Fire Marshal and the chief fire
official of the applicable city, county, city and county, or fire
protection district with  geographic information system maps
of the pipeline system within the owner's or operator's control and
shall ensure that those system maps are updated on a regular basis.
The information received by the State Fire Marshal and the chief fire
official shall be maintained in confidence to protect against
security risks.   instructions on how to access and
utilize the National Pipeline Mapping System developed by the United
States Department of Transportation, Pipeline and Hazardous Materials
Safety Administration, utilizing data submitted pursuant to Section
60132 of Title 49 of the United States Code, to improve local
response capabilities for pipeline emergencies.  
   (e) 
    (d)  (1) The commission shall report to the Legislature
on the status of establishing the compatible emergency response
standards on or before January 1, 2013.
   (2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.