AB 1420, as amended, Salas. Oil and gas: pipelines.
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal.
This bill would require the division to prioritize the identification and testing of those pipelines that are near sensitive areas.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to publicbegin delete health .end deletebegin insert
health.end insert
This bill would require a local healthbegin delete department,end deletebegin insert
officer or his or her designee,end insert ifbegin insert he or she isend insert notified of a leak in a pipeline regulated by thebegin delete division,end deletebegin insert division and makes certain determinations,end insert to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public healthbegin delete departmentend deletebegin insert officer or his or her designeeend insert tobegin insert direct the responsible party toend insert
notify residents affected by the leak ifbegin delete itend deletebegin insert
he or sheend insert determines that the leak poses a serious threat to public health and safety. Because the bill would require a local healthbegin delete departmentend deletebegin insert officer or his or her designeeend insert to provide a higher level of service to the public, this 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.
end deleteThis 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.
end deleteThis bill would require operators of pipelines under the division’s jurisdiction, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end insertbegin insertWith regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 101042 is added to the Health and Safety
2Code, to read:
(a) If the local healthbegin delete departmentend deletebegin insert officer or his or her
4designeeend insert is notified of a leak in a pipeline that is regulated by the
5Division of Oil, Gas, and Geothermal Resources pursuant to Article
64.4 (commencing with Section 3270) of Chapter 1 of Division 3
7of the Public Resourcesbegin delete Code,end deletebegin insert Code and the local health officer
P3 1or his or her designee determines that the leak poses a risk to
2public health or safety and the response to
the leak has been
3inadequate to protect the public health or safety,end insert the local health
4begin delete departmentend deletebegin insert officer or his or her designeeend insert shall, working
5collaboratively with the division and the owner or operator of the
6pipeline, do both of the following:
7(1) begin deleteTest end deletebegin insertDirect the responsible party to test, to the satisfaction
8of the agency overseeing the testing, end insertthe soil, air, and water in the
9affected area for contamination caused by the leak and disclose
10the results of the tests to the public.
11(2) Make a determination, based on the result of the tests, on
12whether the leak poses a serious threat to the public health and
13safety of residents affected by the leak, and provide assistance to
14those residents if it so determines.
15(b) If the local healthbegin delete departmentend deletebegin insert officer or his or her designeeend insert
16 determines, based on the results of the test, that the leak poses a
17serious threat to public health and safety, thebegin delete department shallend delete
18begin insert local health officer or his or her designee shall
direct the
19responsible party toend insert notify all residents affected by the leak.
Section 3270.5 is added to the Public Resources Code,
21to read:
The division shall prioritize the identification and
23testing ofbegin insert allend insert pipelinesbegin delete regulated pursuant to this articleend deletebegin insert under its
24jurisdictionend insert that are near sensitive areas, such as residential areas
25and schools.
If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.
begin insertSection 3270.6 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
32to read:end insert
Upon the discovery of a leak from a pipeline under the
34jurisdiction of the division, the operator of the pipeline shall
35promptly notify the division and the local health officer, or his or
36her designee, of the jurisdiction in which the leak is located.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution for certain
39costs that may be incurred by a local agency or school district
40because, in that regard, this act creates a new crime or infraction,
P4 1eliminates a crime or infraction, or changes the penalty for a crime
2or infraction, within the meaning of Section 17556 of the
3Government Code, or changes the definition of a crime within the
4meaning of Section 6 of Article XIII B of the California
5Constitution.
6However, if the Commission on State Mandates determines that
7this act contains other costs mandated by the state, reimbursement
8to local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
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