BILL ANALYSIS Ó
AB 1420
Page 1
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1420
Salas - As Amended April 21, 2015
SUBJECT: Oil and gas: pipelines
SUMMARY: Requires a local health officer, if notified of a leak
in a pipeline regulated by the Department of Conservation's
Division of Oil, Gas and Geothermal Resources (DOGGR), to direct
the responsible party to test soil, air, and water; and, based
on the test results, make an assessment of the risk to the
public. If the leak poses a risk to the public, requires the
local health officer to notify residents affected by the leak of
the threat and provide assistance to the public.
EXISTING LAW:
1)Requires DOGGR 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.
2)Requires minimum facility maintenance standards to include
standards for leak detection.
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3)Establishes local health departments under the purview of the
local health officer. Prescribes various duties for those
local health departments, including supervising remediation
when hazardous waste is released and enforcing statutes
relating to public health.
THIS BILL:
1)If the local health officer is notified of a leak in a
pipeline that is regulated by DOGGR, and the local health
officer makes a determination that the leak poses a risk to
public health, the officer shall, working collaboratively with
the division and the owner or operator of the pipeline, do
both of the following:
a) Direct the responsible party to test 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.
b) 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.
2)Requires DOGGR to prioritize the identification and testing of
all pipelines under its jurisdiction that are near sensitive
areas, such as residential areas and schools.
3)Requires the operator of the pipeline to promptly notify the
local health officer and DOGGR of a leak.
FISCAL EFFECT: Unknown
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COMMENTS:
1)Author's statement.
California is the fourth largest oil and gas producing
state and natural resources extraction is an important
contributor to the state's economy. Most oil
production in California occurs in Kern County in the
San Joaquin Valley. Oil also is produced from wells in
portions of Los Angeles County and Orange County and
on or near the central coast near Santa Barbara.
As the industry continues to be a fixture in
California, the safety of workers, communities, and
the environment should remain a top priority. Despite
precautions taken, incidents occur in which immediate
action is needed to protect the health, safety, and
environment of nearby communities.
In early 2014, a gas leak was detected beneath the
community of Arvin, California. A total of eight
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families were evacuated from their homes and unable to
return for several months. Affected residents claimed
to have smelled gas, and complained of nosebleeds,
headaches, coughing, and dizziness. Once the leak was
detected, affected residents were unclear where to get
resources and information. This incident demonstrated
a lack of clarity in the law regarding the role of all
involved entities.
AB 1420 will ensure that clear guidelines exist should
another similar incident occur.
2)Gas leaks and DOGGR. According to DOGGR's regulations
governing pipeline testing, operators are required to visually
inspect all aboveground pipelines for leaks and corrosion at
least once a year. For underground urban pipelines that are
older than 10 years, over 4 inches in diameter, and are in
environmentally sensitive areas, testing every two years is
required. A county board of supervisors, a city council, or a
state agency may petition the Supervisor of DOGGR to include
other pipelines as environmentally sensitive. DOGGR
regulations also require an operator to promptly report
significant gas leaks to the appropriate DOGGR district
office.
When asked about its responsibility for the March 2014 Arvin
gas leak, the Supervisor stated that DOGGR is responsible for
the pipeline that leaked. However, the pipeline "is not
subject to the periodic testing required of other, larger
capacity line, or lines that carry liquid hydrocarbons."
The pipeline leak in Arvin was in an environmentally sensitive
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area, but the pipeline was less than four inches and therefore
thousands of feet of pipeline have never been checked for
leaks. DOGGR stated the last time the pipeline was inspected
was August 8, 2011. AB 1420 will require DOGGR to prioritize
the testing of all pipelines under DOGGR's jurisdiction in
sensitive places, such as residents and schools.
3)Coordination. DOGGR first learned of the leak on March 12 from
the City of Arvin, which had been working with Southern
California Gas to determine the source of the gas. DOGGR's
staff met with Petro Capital Resources (PCR) that same day and
after further examination determined that the mapping of PCR's
pipelines was incorrect and it was a PCR pipeline that was
leaking. On March 13, PCR shut down the gas line. However, it
was not until March 17 and 18 that testing revealed that there
was a high level of flammable gas outside of homes. The
county then issued a mandatory evacuation. AB 1420 attempts to
require local health officers and DOGGR to work
collaboratively from first detection of a leak to protect and
provide assistance to residents.
4)Related legislation.
AB 1501 (Rendon) requires air districts to establish an emission
standard for methane from well stimulation treatment and other
petroleum extraction facilities. The emission standard must
include a permit requirement and consideration of the effect
production facilities have on adjacent vulnerable populations.
AB 1501 also requires the Air Resources Board or a local air
district to install monitoring stations near any approved well
stimulation site and other petroleum extraction facilities to
monitor for 12 different chemicals. This bill will also be heard
by this committee on April 27.
5)Double referral. This bill is double referred to the
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Environmental Safety and Toxic Materials Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092