BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 888|
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UNFINISHED BUSINESS
Bill No: SB 888
Author: Allen (D), et al.
Amended: 8/19/16
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 9-0, 3/8/16
AYES: Hall, Block, Glazer, Hernandez, Hill, Hueso, Lara,
McGuire, Vidak
NO VOTE RECORDED: Berryhill, Gaines, Galgiani, Runner
SENATE ENERGY, U. & C. COMMITTEE: 9-2, 4/19/16
AYES: Hueso, Cannella, Hertzberg, Hill, Lara, Leyva, McGuire,
Pavley, Wolk
NOES: Morrell, Gaines
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
SENATE FLOOR: 28-10, 6/2/16
AYES: Allen, Beall, Block, Cannella, De León, Glazer, Hall,
Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,
Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,
Pan, Pavley, Roth, Vidak, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Moorlach,
Morrell, Nguyen, Nielsen, Stone
NO VOTE RECORDED: Galgiani, Runner
ASSEMBLY FLOOR: 59-21, 8/24/16 - See last page for vote
SUBJECT: Gas corporations: emergency management: leak
mitigation
SOURCE: Author
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DIGEST: This bill establishes the California Office of
Emergency Services (OES) as the lead agency for emergency
response to a leak of natural gas from a natural gas storage
facility.
Assembly Amendments (1) require the moneys in the Gas Storage
Facility Leak Mitigation fund resulting from penalties assessed
for the Aliso Canyon gas leak be expended, consistent with the
State Air Resources Board's (ARB) Aliso Canyon Climate Impacts
Mitigation Program, for specified purposes, (2) require a
penalty assessed against a gas corporation in regards to a
natural gas storage facility leak to fully offset the impact on
the climate from the greenhouse gases emitted by the leak, as
specified, and (3) require, if sufficient moneys remain after
mitigating the impact on the climate form the gas corporation's
emissions, to reimburse state and local response costs.
ANALYSIS:
Existing law:
1)Creates OES, within the Office of the Governor, which
coordinates disaster response, emergency planning, emergency
preparedness, disaster recovery, disaster mitigation, and
homeland security activities.
2)Provides that the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including gas
corporations, as defined.
3)Requires the PUC to investigate the cause of all accidents
occurring upon the property of any public utility, or directly
or indirectly arising from or connected with its maintenance
or operation, resulting in loss of life or injury to person or
property and requiring, in the judgment of the PUC,
investigation by it, and authorizes the PUC to make any order
or recommendation with respect to the investigation that it
determines to be just and reasonable.
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4)Provides that any public utility that violates any provision
or that fails or neglects to comply with any order, decision,
decree, rule direction, demand, or requirement of the PUC,
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.
5)Requires that any fine or penalty imposed by the PUC and
collected from a public utility be paid to the State Treasury
to the credit of the General Fund.
This bill:
1)Establishes OES 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 to the environment.
2)Requires OES 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.
3)Creates the Gas Storage Facility Leak Mitigation Account
(account) and requires the Public Utilities Commission (CPUC)
to deposit any penalties assessed against a gas corporation
pursuant to a gas storage facility leak into the account.
4)Requires a penalty assessed in regards to a natural gas
storage facility leak shall at least equal the amount
necessary to reduce the impact on the climate by an amount
equivalent to the greenhouse gases emitted by the leak from
the storage facility, as determined by the ARB.
5)Provides that the CPUC, in determining the amount necessary to
fully offset the impact on the climate from the gases emitted
by the leak, shall consider the extent to which the gas
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corporation has mitigated, or is in the process of mitigating,
the impact on the climate from greenhouse gas emissions
resulting from the leak.
6)Specifies that moneys in the account shall be expended, upon
appropriation by the Legislature, subject to all of the
following conditions:
a) Moneys shall be expended solely for direct emissions
reductions in furtherance of the achievement of the
greenhouse gas emissions limit established by the
California Global Warming Solutions Act of 2006. If
sufficient moneys remain after mitigating the impact on the
climate from the gas corporation's emissions, it shall be
used for reimbursing state and local response costs.
Moneys shall not be used for the purchase of allowances or
offsets otherwise authorized by the California Global
Warming Solutions Act of 2006.
b) Moneys shall be expended in a manner to be determined by
the CPUC, in consultation with the ARB, to achieve a
reduction in greenhouse gases that will fully offset the
impact on the climate from those gases emitted by that
leak.
c) Moneys shall be expended consistent with Health and
Safety Code Section 39713. Specifically, 25% of the
available moneys in the account shall be allocated to
provide benefits to disadvantaged communities.
d) Consistent with the ARB's Aliso Canyon Climate Impacts
Mitigation Program, moneys in the fund resulting from
penalties assessed for the Aliso Canyon gas leak shall be
expended to do any the following:
i) Generate significant and quantifiable reductions in
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methane emissions within the agriculture and waste
sectors.
ii) Promote a more sustainable energy infrastructure by
promoting energy efficiency and decreasing reliance on
fossil fuels.
iii) Address emissions from methane hot spots not
presently targeted under federal, state, or local laws.
iv) Where feasible, yield cobenefits in communities
directly affected by the leak and in disadvantaged
communities.
v) Prioritize projects in nearby communities harmed by
the leak and other communities directly affected by
methane emissions, disadvantaged communities, and
communities within the Aliso Canyon service area.
Background
Purpose of SB 888. According to the author, "this bill is part
of a comprehensive package of legislation introduced in the
Senate to address the Aliso Canyon leak disaster. While the
State's response to the leak was swift, at least seven different
agencies have been involved with no statutory single point of
responsibility and accountability to oversee efforts and
remediation actions."
The author further argues that "unlike oil spill response, which
is dictated by a robust framework to streamline agency
coordination and collaboration, California lacks a plan to
quickly and efficiently address a massive natural gas leak.
Given the extensive infrastructure of underground natural gas
storage facilities throughout California, and having seen the
potential for significant health and environmental problems that
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can result from a leak, California should have a framework in
place to respond quickly and efficiently."
The bill also creates the Gas Storage Facility Leak Mitigation
Account which would fund the mitigation of greenhouse gas
impacts through direct measures to reduce emissions.
Aliso Canyon Gas Leak. The Aliso Canyon gas leak was a massive
natural gas leak that started on October 23, 2015, at the Aliso
Canyon underground storage facility near Porter Ranch, Los
Angeles. The leak was discovered during one of Southern
California Gas Company's (SoCal Gas) twice daily well
observations. The Aliso Canyon facility is the second largest
gas storage facility of its kind in the United States and it is
owned by the SoCal Gas, a subsidiary of Sempra Energy. The
facility is maintained in accordance with safety regulations
established by the Department of Oil, Gas, and Geothermal
Resources, the PUC, and other local, state and federal agencies.
Days after the leak was discovered, a dozen or more local and
state agencies were involved in an attempt to plug the leak.
It is estimated that the leak was responsible for approximately
one million barrels of gas being released per day. Experts
estimate that the carbon footprint of the Aliso Canyon leak is
larger than the Deepwater Horizon leak in the Gulf of Mexico,
which is considered the largest accidental marine oil spill in
the world and at that time the largest environmental disaster in
United States history.
Natural Gas is largely composed of methane, an odorless and
invisible greenhouse gas with a global warming potential of
approximately 86 times greater than carbon dioxide in a 20-year
time frame. Initially the leak released about 44,000 kilograms
of methane per hour which is the equivalent of 1,200 tons of
methane every day. In terms of greenhouse gas output per month,
it is the equivalent of the greenhouse gas output of 200,000
cars in a year. According to a Time Magazine article on January
11, 2016, the 1.6 million pounds of methane released each day is
comparable to the emissions of six coal fired power plants, 2.2
million cows per day, or 4.5 million cars. Besides methane, the
gas leak also contained tert-butyl mercaptan,
tetrahydrothiophene, and methyl mercaptan, which gives the gas a
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rotten egg smell and is known to cause headaches, vomiting, and
nausea.
While the leak occurred in a mountainous area more than a mile
away from any residential areas, residents have complained of
headaches, nausea, vomiting and trouble breathing. Though SoCal
Gas has claimed that "scientists agree that natural gas is not
toxic and that its odorant is harmless at the minute levels at
which it is added to natural gas," the company has been paying
to temporarily relocate residents in and around Porter Ranch.
In early January, SoCal Gas reported that it had temporarily
relocated 2,824 households or roughly 11,296 individuals.
The leak was finally permanently plugged on February 18, 2016.
When it was all said and done, the Aliso Canyon gas leak was the
worst natural gas leak in United States history in terms of its
environmental impact.
Related/Prior Legislation
SB 380 (Pavley, Chapter 14, Statutes of 2016) continued the
moratorium on injection of natural gas at the Aliso Canyon gas
storage facility until specified criteria, including testing,
are met, requires the feasibility of the storage facility to be
addressed and requires the PUC, with input from others, to
determine the amount of gas necessary at the facility for
safety, regional reliability to ensure just and reasonable
rates, as specified, among other provisions.
SB 887 (Pavley, 2016) provides a framework for reforming
oversight of natural gas storage facilities. (Pending on the
Senate Floor)
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Assembly Appropriations Committee, the total
annual cost of this bill depends on the number of significant
gas leaks that occur in that year. The costs per significant gas
leak event include:
1)Minor costs per major event for OES to deploy an onsite
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coordinator. These costs would be recovered from the
responsible party.
2)Approximately $100,000 per major event for ARB to contract for
downwind flights to characterize the natural gas release rate
at reasonable periodic intervals using small planes with
monitors to measure methane. (Oil, Gas and Geothermal
Administrative Fund)
3)Additional unknown, but potentially significant, redirection
of penalty revenue from the General Fund.
SUPPORT: (Verified8/24/16)
California Public Interest Research Group
Clean Water Action
Consumer Attorneys of California
Environment California
Environmental Working Group
Los Angeles Unified School District Board Member District 3,
Scott M. Schmerelson
National Parks Conservation Association
Sierra Club California
South Coast Air Quality Management District
Union of Concerned Scientists
OPPOSITION: (Verified8/24/16)
None received
ARGUMENTS IN SUPPORT: The California Public Interest Research
Group states that "SB 888 would ensure that monetary penalties
paid by the responsible gas company are used specifically for
greenhouse gas emissions reduction. This bill will also help
ensure that emergency responses to future gas leaks are more
effective. Specifically, it will designate Cal OES as the lead
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response agency for natural gas leaks from storage facilities."
The Sierra Club California states that, "SB 888 will help ensure
that communities like Porter Ranch get the help they need as
soon as the emergency arises and that the state can get
environmental disasters like this under control sooner. The
bill would also establish the Gas Storage Facility Leak
Mitigation Account, managed by the PUC. It will be funded by
penalties that arise from gas storage facility leaks and those
funds must be used in a manner that will result in greenhouse
gas reductions that are at least greater than gases emitted by
the leak."
ASSEMBLY FLOOR: 59-21, 8/24/16
AYES: Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta,
Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley,
Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin,
Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein,
McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk,
Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon
NOES: Achadjian, Travis Allen, Bigelow, Brough, Chang, Chávez,
Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Kim,
Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth,
Wagner, Waldron
Prepared by:Felipe Lopez / G.O. / (916) 651-1530
8/25/16 17:34:51
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