Amended in Assembly August 18, 2015

Amended in Assembly June 24, 2015

Senate Bill No. 295

Introduced by Senator Jackson

(Principal coauthor: Assembly Member Williams)

February 23, 2015

An act to begin delete amend Section 51013.5 of, and to end delete add Section 51015.1 begin delete to, end delete begin insert to end insert the Government Code, relating to pipeline safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 295, as amended, Jackson. Pipeline safety: inspections.

Under the Elder California Pipeline Safety Act of 1981, the State Fire Marshal exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The act authorizes the State Fire Marshal to exercise safety regulatory jurisdiction over portions of interstate pipelines located within the state and subject to an agreement between the United States Secretary of Transportation and the State Fire Marshal. The act begin delete requires those pipelines over 10 years of age to be hydrostatically tested every 3 or 5 years, as provided, except that high-risk pipelines, as designated by the State Fire Marshall, are to be tested every 2 years or annually, as provided. end delete begin insert authorizes the State Fire Marshal to enter, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of any pipeline operators that are required to be inspected and examined to determine whether the pipeline operator is in compliance with the act. end insert

This bill would require the State Fire Marshal, or an officer or employee authorized by the State Fire Marshal, to annually inspect all begin insert intrastate pipelines and end insert operators of intrastate pipelines under the jurisdiction of the State Fire Marshal. begin delete The bill would require pipelines over 5 years of age to be hydrostatically tested every 2 or 3 years, as provided, and would require all designated high-risk pipelines to be tested annually. end delete The bill would require the State Fire begin delete Marshall, end delete begin insert Marshal, end insert to the maximum extent possible, to become an inspection agent by entering into an agreement with the federal Pipeline and Hazardous Materials Safety Administration, as specified. The bill would require the State Fire begin delete Marshall end delete begin insert Marshal end insert to revise specified fees assessed to cover the costs associated with this measure. begin delete The bill would also delete obsolete provisions. end delete

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

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

begin delete

SECTION 1.  

Section 51013.5 of the Government Code is
amended to read:

51013.5.  

(a) Every newly constructed pipeline, existing
pipeline, or part of a pipeline system that has been relocated or
replaced, and every pipeline that transports a hazardous liquid
substance or highly volatile liquid substance, shall be tested in
accordance with Subpart E (commencing with Section 195.300)
of Part 195 of Title 49 of the Code of Federal Regulations.

(b) Every pipeline not provided with properly sized automatic
pressure relief devices or properly designed pressure limiting
devices shall be hydrostatically tested annually.

(c) Every pipeline over five years of age and not provided with
effective cathodic protection shall be hydrostatically tested every
two years, except for those on the State Fire Marshal’s list of higher
risk pipelines, which shall be hydrostatically tested annually.

(d) Every pipeline over five years of age and provided with
effective cathodic protection shall be hydrostatically tested every
three years, except for those on the State Fire Marshal’s list of
higher risk pipelines which shall be hydrostatically tested annually.

(e) Piping within a refined products bulk loading facility served
by pipeline shall be tested hydrostatically at 125 percent of
maximum allowable operating pressure utilizing the product
ordinarily transported in that piping if that piping is operated at a
stress level of 20 percent or less of the specified minimum yield
strength of the pipe. The frequency for pressure testing these
pipelines shall be every five years for those pipelines with effective
cathodic protection and every three years for those pipelines
without effective cathodic protection. If that piping is observable,
visual inspection may be the method of testing.

(f) The State Fire Marshal shall study indicators and precursors
of serious pipeline accidents, and, in consultation with the Pipeline
Safety Advisory Committee, shall develop criteria for identifying
which hazardous liquid pipelines pose the greatest risk to people
and the environment due to the likelihood of, and likely seriousness
of, an accident due to corrosion or defect. The study shall give due
consideration to research done by the industry, the federal
government, academia, and to any other information which the
State Fire Marshal shall deem relevant, including, but not limited
to, recent leak history, pipeline location, and materials transported.
Beginning January 1, 1992, using the criteria identified in that
study, the State Fire Marshal shall maintain a list of higher risk
pipelines, which exceed a standard of risk to be determined by the
State Fire Marshal, and which shall be tested as required in
subdivisions (c) and (d) as long as they remain on the list.

(g) In addition to the requirements of subdivisions (a) to (e),
inclusive, the State Fire Marshal may require any pipeline subject
to this chapter to be subjected to a pressure test, or any other test
or inspection, at any time, in the interest of public safety.

(h) Test methods other than the hydrostatic tests required by
subdivisions (b), (c), (d), and (e), including inspection by
instrumented internal inspection devices, may be approved by the
State Fire Marshal on an individual basis. If the State Fire Marshal
approves an alternative to a pressure test in an individual case, the
State Fire Marshal may require that the alternative test be given
more frequently than the testing frequencies specified in
subdivisions (b), (c), (d), and (e).

(i) The State Fire Marshal shall adopt regulations to establish
what the State Fire Marshal deems to be an appropriate frequency
for tests and inspections, including instrumented internal
inspections, which, when permitted as a substitute for tests required
under subdivisions (b), (c), and (d), do not damage pipelines or
require them to be shut down for the testing period. That testing
shall in no event be less frequent than is required by subdivisions
(b), (c), and (d). Each time one of these tests is required on a
pipeline, it shall be approved on the same individual basis as under
subdivision (h). If it is not approved, a hydrostatic test shall be
carried out at the time the alternative test would have been carried
out, and subsequent tests shall be carried out in accordance with
the time intervals prescribed by subdivision (b), (c), or (d), as
applicable.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 51015.1 is added to the Government Code,
to read:

51015.1.  

(a) The State Fire Marshal, or an officer or employee
authorized by the State Fire Marshal, shall annually inspect all
begin insert intrastate pipelines and end insert operators of intrastate pipelines under the
jurisdiction of the State Fire Marshal to ensure compliance with
applicable laws and regulations.

(b) For portions of interstate pipelines that are not under the
jurisdiction of the State Fire Marshal pursuant to Section 51010.6,
the State Fire Marshal shall, to the maximum extent possible,
become an inspection agent through entering into an interstate
inspection agent agreement with the federal Pipeline and Hazardous
Materials Safety Administration.

(c) The State Fire begin delete Marshall end delete begin insert Marshal end insert shall revise the fee assessed
pursuant to Section 51019 to a level sufficient to cover the costs
associated with the implementation of this begin delete section and Section
51013.5, as amended by the act adding this end delete section.