Amended in Assembly April 3, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1937

Introduced by Assembly Member Gordon

February 19, 2014

An act to begin delete amend Section 956 of end delete begin insert add Section 955.5 to end insert the Public Utilities Code, relating to natural gas.

LEGISLATIVE COUNSEL’S DIGEST

AB 1937, as amended, Gordon. Natural Gas Pipeline Safety Act of 2011: begin delete emergency response standards. end delete begin insert school and hospital notification of maintenance and testing of gas pipelines. end insert

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 begin delete commission end delete begin insert Public Utilities Commission end insert 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. begin delete 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. end delete

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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.

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This bill would require a gas corporation to provide not less than 3 working day’s notice, as specified, to the administration of a school or hospital prior to undertaking nonemergency gas pipeline maintenance or testing when the work is located within 500 feet of the school or hospital. The bill would require the gas corporation to maintain a record of the date and time of any notification provided to the administration of a school or hospital and any subsequent contacts with the administration and actions taken, if any, in response to those subsequent contacts.

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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.

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Because the requirements of this bill are within the act, a violation of these requirements would impose a state-mandated local program by creating a new crime.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 955.5 is added to the end insert begin insert Public Utilities
Code end insert begin insert , to read: end insert

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begin insert 955.5. end insert   

(a) For purposes of this section, the following terms
have the following meanings:

(1) “Gas pipeline” means an intrastate distribution line as
described in paragraph (1) of, or an intrastate transmission line
as described in paragraph (2) of, Section 950.

(2) “Hospital” means a licensed general acute care hospital
as defined in subdivision (a) of Section 1250 of the Health and
Safety Code.

(3) “School” means a public or private preschool, elementary,
or secondary school.

(b) A gas corporation shall provide not less than three working
day’s notice to the administration of a school or hospital prior to
undertaking nonemergency gas pipeline maintenance or testing if
the work is located within 500 feet of the school or hospital. The
notification shall include all of the following:

(1) The name, address, telephone number, and emergency
contact information for the gas corporation.

(2) The specific location of the gas pipeline where the
maintenance or testing work will be performed.

(3) The date and time the maintenance or testing is to be
conducted and when the work is expected to be completed.

(4) An invitation and a telephone number to call for further
information on what the school or hospital should do in the event
of a leak.

(c) The gas corporation shall maintain a record of the date and
time of any notification provided to the administration of a school
or hospital and any subsequent contacts with the administration
and actions taken, if any, in response to those subsequent contacts.

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begin insert SEC. 2. end insert   

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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.

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SECTION 1.  

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

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 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.

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

(c) The compatible emergency response standards shall require
owners or operators of 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 Section 192.615 of Title
49 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 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 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 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.

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