BILL NUMBER: AB 1420	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 27, 2015

   An act to add Section 101042 to the Health and Safety Code, and to
add  Section   Sections  3270.5  and
3270.6  to the Public Resources Code, relating to oil and gas.


	LEGISLATIVE COUNSEL'S DIGEST


   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 public  health .   health. 
   This bill would require a local health  department,
  officer or his or her designee,  if  he or
she is  notified of a leak in a pipeline regulated by the
 division,   division and makes certain
determinations,  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 health
 department   officer or his or her designee
 to  direct the responsible party to  notify residents
affected by the leak if  it   he or she 
determines that the leak poses a serious threat to public health and
safety. Because the bill would require a local health 
department   officer or his or her designee  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.  
   This 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.  
   This 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.
 
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With 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. 
   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 101042 is added to the Health and Safety Code,
to read:
   101042.  (a) If the local health  department 
 officer or his or her designee  is notified of a leak in a
pipeline that is regulated by the Division of Oil, Gas, and
Geothermal Resources pursuant to Article 4.4 (commencing with Section
3270) of Chapter 1 of Division 3 of the Public Resources 
Code,   Code and the local health officer or his or her
designee determines that the leak poses a risk to public health or
safety and the response to   the leak has been inadequate to
protect the public health or safety,  the local health 
department   officer or his or her designee 
shall, working collaboratively with the division and the owner or
operator of the pipeline, do both of the following:
   (1)  Test   Direct the responsible party to
test, to the satisfaction of the agency overseeing the testing, 
the soil, air, and water in the affected area for contamination
caused by the leak and disclose the results of the tests to the
public.
   (2) Make a determination, based on the result of the tests, on
whether the leak poses a serious threat to the public health and
safety of residents affected by the leak, and provide assistance to
those residents if it so determines.
   (b) If the local health  department   officer
or his or   her designee  determines, based on the
results of the test, that the leak poses a serious threat to public
health and safety, the  department shall   local
health officer or his or her designee shall   direct the
responsible party to  notify all residents affected by the leak.

  SEC. 2.  Section 3270.5 is added to the Public Resources Code, to
read:
   3270.5.  The division shall prioritize the identification and
testing of  all  pipelines  regulated pursuant to
this article   under its jurisdiction  that are
near sensitive areas, such as residential areas and schools. 

  SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   SEC. 3.    Section 3270.6 is added to the  
Public Resources Code   , to read:  
   3270.6.  Upon the discovery of a leak from a pipeline under the
jurisdiction of the division, the operator of the pipeline shall
promptly notify the division and the local health officer, or his or
her designee, of the jurisdiction in which the leak is located. 

   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.