SB 888, as amended, Allen. Gas corporations: emergency management: leak mitigation.
(1) Existing law creates, within the office of the Governor, the Office of Emergency Services, which, under the Director of Emergency Services, coordinates disaster response, emergency planning, emergency preparedness, disaster recovery, disaster mitigation, and homeland security activities.
This bill would establish the Office of Emergency Services as the lead agency for emergency response to a large, ongoing leak or release of natural gas and associated gases from a natural gas storage facility that poses a significant present or potential hazard to the public health and safety, property, or the environment. The bill would require the Office of Emergency Services to coordinate among other state and local agencies the emergency response, public health and environmental assessment, monitoring, and long-term management and control of the leak.
(2) The Public Utilities Act provides that any public utility that violates any provision of the California Constitution or the act, or that fails or neglects to comply with any order, decision, decree, rule, direction, demand, or requirement of the Public Utilities Commission where a penalty has not otherwise been provided, is subject to a penalty of not less than $500 and not more than $50,000 for each offense. Existing law requires that any fine or penalty imposed by the commission and collected from a public utility be paid to the State Treasury to the credit of the General Fund.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. Existing law requires the California Environmental Protection Agency to identify disadvantaged communities.
This bill would requirebegin insert a penalty assessed against a gas corporation pursuant to the act in regards to a natural gas storage facility leak to at least equal the amount necessary to fully offset the impact on the climate from the end insertbegin insertgreenhouse gases emitted by the leak from the natural gas storage facility, as determined by the state board, and would require the commission to consider the extent to which the gas corporation has mitigated, or is in the process of mitigating, the impact on the climate from greenhouse gas emissions resulting from the leak, as specified. The bill would requireend insert
the commission to deposit moneys from penalties assessed against a gas corporation in regards to abegin insert
naturalend insert gas storage facility leak into the Gas Storage Facility Leak Mitigation Account, which the bill would establish in the State Treasury. The bill would require that moneys in this account be expended, upon appropriation by the Legislature, solely for direct emissions reductions in furtherance of achieving the greenhouse gas emissionsbegin delete limit.end deletebegin insert limitend insertbegin insert and, if sufficient moneys remain after mitigating the impact on the climate from the gas corporation’s emissions, to reimburse state and local response costs.end insert The bill would require these moneys to be expended in a manner that achieves a reduction in greenhouse gases thatbegin delete equals the amount ofend deletebegin insert
will fully offset the impact on the climate fromend insert those gases emitted by the leak, and in accordance with provisions requiring specified allocations to disadvantaged communities. The bill would require the state board to determine the amountbegin delete ofend deletebegin insert of, and impact on the climate from,end insert greenhouse gases emitted by a leak for these purposes. The bill would require that moneys in the fund resulting from penalties assessed for the Aliso Canyon gas leak be expended, consistent with the state board’s Aliso Canyon Climate Impacts Mitigation Program, for specified purposes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8585.01 is added to the Government
2Code, to read:
The Office of Emergency Services shall be the lead
4agency for emergency response to a large, ongoing leak or release
5of natural gas and associated gases from a natural gas storage
6facility that poses a significant present or potential hazard to the
7public health and safety, property, or the environment. The Office
8of Emergency Services shall coordinate among other state and
9local agencies the emergency response, public health and
10environmental assessment, monitoring, and long-term management
11and control of the leak.
Section 972 is added to the Public Utilities Code, to
13read:
(a) begin deleteThe end deletebegin insertA penalty assessed against a gas corporation
15pursuant to this part in regards to a natural gas storage facility
16leak shall at least equal the amount necessary to reduce the impact
17on the climate from greenhouse gases by an amount equivalent to
18the impact on the climate from the greenhouse gases emitted by
19the leak from the natural gas storage facility, as determined by
20the State Air Resources Board. In determining the amount
21necessary to fully offset the impact on the climate from the gases
22emitted by the leak, the commission shall consider the extent to
23which the gas corporation has mitigated, or is in the process of
24mitigating, the impact
on the climate from greenhouse gas
25emissions resulting from the leak, provided that the mitigation is
26consistent with subdivision (c), as determined by the State Air
27Resources Board.end insert
P4 1begin insert(b)end insertbegin insert end insertbegin insertTheend insert commission shall deposit any penalties assessed against
2a gas corporation pursuant to this part in regards to abegin insert naturalend insert gas
3storage facility leak into the Gas Storage Facility Leak Mitigation
4Account, which is hereby established in the State Treasury.
5(b)
end delete
6begin insert(c)end insert Moneys in the account shall be expended, upon appropriation
7by the Legislature, subject to all of the following conditions:
8(1) Moneys shall be expended solely for direct emissions
9reductions in furtherance of the achievement of the greenhouse
10gas emissions limit established pursuant to
Section 38550 of the
11Health and Safetybegin delete Code.end deletebegin insert Code and, if sufficient moneys remain
12after mitigating the impact on the climate from the gas
13corporation’s emissions, as specified in subdivision (a), to
14reimburse state and local response costs.end insert Moneys shall not be used
15for the purchase of allowances or offsets otherwise authorized
16pursuant to the California Global Warming Solutions Act of 2006
17(Division 25.5 (commencing with Section 38500) of the Health
18and Safety Code).
19(2) Moneys shall be expended in a mannerbegin delete that, at a minimum, begin insert
to be determined by the commission, in consultation with
20achievesend delete
21the State Air Resources Board, to achieveend insert a reduction in greenhouse
22gases thatbegin delete equals the amount ofend deletebegin insert will fully offset the impact on the
23climate fromend insert those gases emitted by thatbegin delete leak, as determined by begin insert leak.end insert
24the State Air Resources Board.end delete
25(3) Moneys shall be expended consistent with Section 39713
26of the Health and Safety Code.
27(4) (A) Consistent with the State Air Resources Board’s Aliso
28Canyon Climate Impacts Mitigation Program, moneys in the fund
29resulting from penalties assessed for the Aliso Canyon gas leak
30shall be expended to dobegin delete anyend deletebegin insert allend insert the following:
31(i) Generate significant and quantifiable reductions in methane
32emissions within the agriculture and waste sectors.
33(ii) Promote a more sustainable energy infrastructure by
34promoting energy efficiency and decreasing reliance on fossil
35fuels.
36(iii) begin deleteAddress end deletebegin insertDetect
and address end insertemissions from methane hot
37spots not presently targeted under federal, state, or local laws.
38(iv) begin deleteYield end deletebegin insertWhere feasible, yield end insertcobenefits in communities
39directly affected by the leak and in disadvantaged communities.
P5 1(B) begin deleteProjects end deletebegin insertPriority shall be given to projects end insertin nearby
2communities harmed by the leak and other communities directly
3affected by methane emissions, disadvantaged communities, and
4communities within the
Aliso Canyon servicebegin delete area shall be begin insert area.end insert
5prioritized when moneys are expended pursuant to subparagraph
6(A).end delete
7
(d) This section shall not affect or be interpreted to affect the
8authority of the State Air Resource’s Board to adopt rules and
9regulations to reduce greenhouse gas emissions at natural gas
10storage facilities or to require mitigation of natural gas leaks from
11those facilities.
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