BILL ANALYSIS Ó
SB 44
Page 1
SENATE THIRD READING
SB 44 (Corbett)
As Amended August 26, 2011
Majority vote
SENATE VOTE : 39-0
UTILITIES & COMMERCE 15-0
APPROPRIATIONS 17-0
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|Ayes:|Bradford, Fletcher, |Ayes:|Fuentes, Harkey, |
| |Buchanan, Fong, Fuentes, | |Blumenfield, Bradford, |
| |Furutani, Beth Gaines, | |Charles Calderon, Campos, |
| |Roger Hernández, | |Davis, Donnelly, Gatto, |
| |Williams, Knight, Ma, | |Hall, Hill, Lara, |
| |Nestande, Skinner, | |Mitchell, Nielsen, Norby, |
| |Swanson, Valadao | |Solorio, Wagner |
| | | | |
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SUMMARY : This bill requires the California Public Utilities
Commission (Commission) to set emergency response standards for
Commission-regulated gas pipeline and distribution systems and
requires that access to pipeline maps be made accessible to the
State Fire Marshal and the local fire marshal. Specifically,
this bill :
1)Defines a Commission-regulated gas pipeline facility to
include transmission, distribution and gathering pipeline
facilities operated by investor-owned utilities,
master-metered mobile home parks, storage facilities, and
propane operators.
2)Requires the Commission to commence a proceeding to establish
emergency response standards, which include emergency response
plans, to be followed by owners or operators of
commission-regulated gas pipeline facilities, in consultation
with the Office of Emergency Services and first responders
including the California Fire Chiefs Association.
3)Requires the emergency response plans to include a requirement
that pipeline owners and operators provide the State Fire
Marshal and fire chiefs in the pipeline operator's territory
with geographic information system maps of the pipeline system
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within the owner's or operator's control.
4)Specifies that these requirements do not apply to publicly
owned utilities.
EXISTING LAW: State (Commission and the Office of the State
Fire Marshal) and federal (U.S. Department of Transportation)
regulators are tasked with ensuring that pipeline and hazardous
materials operators have risk management programs in place, that
those programs are designed in conformance with state and
federal laws, that the programs are effective in achieving
safety for the public and the employees of the operator, and
that the entire system of achieving safety continues to improve
itself.
The Commission enforces statutes and rules (General Order 112-E)
which establish, in addition to the Federal Pipeline Safety
Regulations, minimum requirements for the design, construction,
quality of materials, locations, testing, operations and
maintenance of facilities used in the gathering, transmission
and distribution of gas and in liquefied natural gas facilities
to safeguard life or limb, health, property and public welfare
and to provide that adequate service will be maintained by gas
utilities operating under the jurisdiction of the commission.
The Commission conducts compliance inspections, accident
investigations, reviews utilities' reports and records, conducts
construction inspections, conducts special studies, and takes
action in response to complaints and inquiries from the public
on issues regarding gas pipeline and electric safety. The
Commission also conducts audits and inspections of gas
facilities owned and operated by mobile home parks, and audits
and inspections of underground propane gas distributions
systems.
The Commission has responsibility to ensure compliance with
federal pipeline management standards for over 11,000 miles of
transmission pipeline and almost 2,350 miles of transmission
pipeline in high consequence areas.
The Office of the State Fire Marshal (SFM) regulates the safety
of approximately 5,500 miles of intrastate hazardous liquid
transportation pipelines and acts as an agent of the federal
Office of Pipeline Safety concerning the inspection of more than
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2,000 miles of interstate pipelines. Pipeline Safety staff
inspect, test, and investigate to ensure compliance with all
federal and state pipeline safety laws and regulations. All
spills, ruptures, fires, or similar incidents are responded to
immediately; all such accidents are investigated for cause.
Hazardous liquid pipelines are also periodically tested for
integrity using procedures approved by SFM. The program has
been certified by the federal government since 1981. SFM also
maintains Geographic Information Systems (GIS)-based maps of all
regulated pipelines and has been named as a state repository for
pipeline data by the National Pipeline Mapping System (NPMS).
FISCAL EFFECT : According to the Assembly Appropriations
Committee, the Commission has already opened a proceeding to
address oversight and regulation of natural gas pipelines. To
expanding this proceeding to include the development of
emergency response standards, including consultation with
emergency responders, PUC will incur one-time special fund costs
of around $240,000 for the equivalent of two positions. (Public
Utilities Reimbursement Account)
COMMENTS : According to the author, this bill requires natural
gas operators to improve communication and coordination with
first responders by requiring the Commission, in consultation
with the California Emergency Management Agency and The
California Fire Chiefs Association to adopt stricter emergency
response standards.
On September 9, 2010, a portion of a 30-inch diameter
underground natural gas transmission system of Pacific Gas and
Electric Company (PG&E) suddenly ruptured. The pipeline was
located under the asphalt paving at the intersection of Glenview
Drive and Earl Avenue in a residential area of San Bruno,
California. An explosion ensued, fueled by blowing natural gas.
The explosion and fire resulted in the loss of eight lives and
the total destruction of 38 homes. Seventy homes sustained
damage and eighteen homes adjacent to the destroyed dwellings
were left uninhabitable.
Although the local fire department in San Bruno was aware of
PG&E natural gas distribution system that traversed the city, it
was unaware of the much larger transmission pipeline that
ruptured in the accident. The lack of information about
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components of a pipeline system can put emergency responders at
greater risk and reduce the effectiveness of the response.
Therefore the National Transportation Safety Board recommended
that the Pipeline and Hazardous Materials Safety Administration
(PHMSA) issue guidance to pipeline operators regarding sharing
system specific information (including pipe diameter, operating
pressure, product transported, and potential impact radius) with
the emergency response agencies in the communities and
jurisdictions where their pipelines are located.
Local emergency responders will typically be the first on scene
in the event of a fire. Establishing communication between
pipeline owners and operators with those fire departments local
to High Consequence Area (HCA) pipelines would provide an
opportunity to improve coordination in the event that requires
emergency response. The Commission should also coordinate with
the Office of the State Fire Marshal with respect to the
development of emergency response standards and emergency
response plans.
State and municipal authorities have safety agreements and/or
certifications with the U.S. Department of Transportation for
regulating intrastate and interstate pipelines. Similar issues
apply to operators of gas pipelines operated by California oil
refiners (oil company pipelines are regulated through the
California Department of Conservation, Division of Oil and Gas).
Federal law does not specifically name responsible agencies at
the state and local level for implementing federal law, it just
allows the Department of Transportation to enter into agreements
or receive certifications from state and local authorities.
Analysis Prepared by : Susan Kateley / U. & C. / (916)
319-2083
FN: 0002293
SB 44
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