Senate BillNo. 1393


Introduced by Senator De León

February 19, 2016


An act to amend Section 957 of the Public Utilities Code, relating to oil and gas.

LEGISLATIVE COUNSEL’S DIGEST

SB 1393, as introduced, De León. Intrastate transmission line: safety valves.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations, as defined. The Public Utilities Act authorizes the commission to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements, or services to be furnished, imposed, observed, and followed by specified public utilities, including gas corporations.

Existing law requires the commission, unless it determines that doing so is preempted under federal law, to require the installation of automatic shutoff or remote controlled sectionalized block valves on certain intrastate transmission lines that are located in a high consequence area, as defined, or that traverse an active seismic earthquake fault. Existing law requires the owner or operator of a commission-regulated gas pipeline facility that is an intrastate transmission line to provide the commission with a valve location plan, along with any recommendations for valve locations, and authorizes the commission to make modifications to the valve location plan. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

This bill would additionally require the commission, unless it determines that doing so is preempted under federal law, to require the installation of automatic shutoff or remote controlled sectionalized block valves on intrastate transmission lines that transport gas to or from a storage facility. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime.

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 no reimbursement is required by this act for a specified reason.

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

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

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SECTION 1.  

Section 957 of the Public Utilities Code is
2amended to read:

3

957.  

(a) (1) Unless the commission determines that it is
4prohibited from doing so by subdivision (c) of Section 60104 of
5Title 49 of the United States Code, the commission shall require
6the installation of automatic shutoff or remote controlled
7sectionalized block valves onbegin delete bothend deletebegin insert allend insert of the following facilities,
8if it determines those valves are necessary for the protection of the
9public:

10(A) Intrastate transmission lines that are located in a high
11consequence area.

12(B) Intrastate transmission lines that traverse an active seismic
13earthquake fault.

begin insert

14(C) Intrastate transmission lines that transport gas to or from
15a storage facility.

end insert

16(2) Each owner or operator of a commission-regulated gas
17pipeline facility that is an intrastate transmission line shall provide
18the commission with a valve location plan, along with any
19recommendations for valve locations. The commission may make
20modifications to the valve location plan or provide for variations
21from any location requirements adopted by the commission
22pursuant to this section that it deems necessary or appropriate and
23consistent with protection of the public.

24(3) The commission shall additionally establish action timelines,
25adopt standards for how to prioritize installation of automatic
P3    1shutoff or remote controlled sectionalized block valves pursuant
2to paragraph (1), ensure that remote and automatic shutoff valves
3are installed as quickly as is reasonably possible, and establish
4ongoing procedures for monitoring progress in achieving the
5requirements of this section.

6(b) The commission shall authorize recovery in rates for all
7reasonably incurred costs incurred for implementation of the
8requirements of this section.

9(c) The commission, in consultation with the Pipeline and
10Hazardous Materials Safety Administration of the United States
11Department of Transportation, shall adopt and enforce compatible
12safety standards for commission-regulated gas pipeline facilities
13that the commission determines should be adopted to implement
14the requirements of this section.

15

SEC. 2.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



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