California Legislature—2013–14 Regular Session

Assembly BillNo. 1937


Introduced by Assembly Member Gordon

February 19, 2014


An act to amend Section 956 of the Public Utilities Code, relating to natural gas.

LEGISLATIVE COUNSEL’S DIGEST

AB 1937, as introduced, Gordon. Natural Gas Pipeline Safety Act of 2011: emergency response standards.

Existing federal law requires the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the United States Department of Transportation, to adopt minimum safety standards for pipeline transportation and for pipeline facilities, including an interstate gas pipeline facility and 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 submits to the secretary annually a certification for the facilities and transportation. Existing law authorizes a state authority that has submitted a current 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 the PHMSA.

The Natural Gas Pipeline Safety Act of 2011, within the Public Utilities Act, 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. The act requires the commission, by July 1, 2012, to open an appropriate proceeding or expand the scope of an existing proceeding to establish compatible emergency response standards that owners or operators of certain commission-regulated gas pipeline facilities would be required to follow. The standards require owners or operators of intrastate transmission and distribution lines to implement emergency response plans that are compatible with PHMSA’s regulations concerning emergency plans. The act requires the commission to report to the Legislature on the status of establishing the compatible emergency response standards on or before January 1, 2013.

This bill would delete the requirement that the commission report to the Legislature on the status of establishing the compatible emergency response standards on or before January 1, 2013.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 956 of the Public Utilities Code is
2amended to read:

3

956.  

(a)  On or before July 1, 2012, the commission shall open
4an appropriate proceeding or expand the scope of an existing
5proceeding to establish compatible emergency response standards
6that owners or operators of commission-regulated gas pipeline
7facilities shall be required to follow for intrastate transmission and
8distribution lines. The commission shall establish the standards to
9ensure that intrastate transmission and distribution lines have
10emergency response plans that adequately prepare them for a
11natural disaster or malfunction that could cause injury to human
12life or property, with the purpose of minimizing the occurrence of
13both.

14(b) The commission shall establish the compatible emergency
15response standards in consultation with the California Emergency
16 Management Agency, the State Fire Marshal, and members of
17California’s first responder community including, but not limited
18to, members of the California Fire Chiefs Association.

19(c) The compatible emergency response standards shall require
20owners or operators of intrastate transmission and distribution lines
P3    1to implement emergency response plans that are compatible with
2the United States Department of Transportation Pipeline and
3Hazardous Materials Safety Administration’s regulations
4concerning emergency plans contained in Section 192.615 of Title
549 of the Code of Federal Regulations, and those plans shall
6include, but not be limited to, all of the following requirements:

7(1) Emergency shutdown and pressure reduction shall be utilized
8whenever deemed necessary and appropriate by the owners or
9operators to minimize hazards to life or property. An owner or
10operator shall notify appropriate first responders of emergency
11shutdown and pressure reduction.

12(2) During an emergency response effort, the incident
13commander may direct coordination between first responders and
14owners or operators to ensure timely and ongoing communication
15on decisions for emergency shutdown and pressure reduction.

16(3) Owners or operators of intrastate transmission and
17distribution lines shall establish and maintain liaison with
18appropriate fire, police, and other public officials to do all of the
19following:

20(A) Learn the responsibility and resources of each government
21organization that may respond to a gas pipeline emergency,
22including, but not limited to, the role of the incident commander
23in an emergency.

24(B) Acquaint the officials with the owner’s or operator’s ability
25in responding to a gas pipeline emergency.

26(C) Identify the types of gas pipeline emergencies of which the
27owner or operator notifies the officials.

28(D) Plan how the owner or operator and officials can engage in
29mutual assistance to minimize hazards to life or property.

30(E) Identify and update information on individual personnel
31responsible for the liaison with the appropriate first responder
32organizations.

33(4) Owners and operators of intrastate transmission lines shall
34provide the State Fire Marshal and the chief fire official of the
35applicable city, county, city and county, or fire protection district
36with instructions on how to access and utilize the National Pipeline
37Mapping System developed by the United States Department of
38 Transportation, Pipeline and Hazardous Materials Safety
39Administration, utilizing data submitted pursuant to Section 60132
P4    1of Title 49 of the United States Code, to improve local response
2capabilities for pipeline emergencies.

begin delete

3(d) (1) The commission shall report to the Legislature on the
4status of establishing the compatible emergency response standards
5on or before January 1, 2013.

end delete
begin delete

6(2) A report to be submitted pursuant to paragraph (1) shall be
7submitted in compliance with Section 9795 of the Government
8Code.

end delete


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