BILL NUMBER: AB 2201	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 23, 2012

   An act to amend Section 51018.6 of the Government Code, relating
to pipeline safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2201, as amended, Bradford. Elder California Pipeline Safety
Act of 1981: civil penalties.
   Under existing law, the Elder California Pipeline Safety Act of
1981, the State Fire Marshal exercises safety regulatory jurisdiction
over intrastate pipelines, and, to the extent authorized by
federal law,  interstate pipelines used for the transportation
of hazardous or highly volatile liquid substances  , subject
to federal law  . Existing law provides that a violation, as
determined by the State Fire Marshal, of the act, or any regulation
adopted pursuant to the act, subjects a person to a civil penalty of
not more than $10,000 for each day that the violation persists,
except that the maximum civil penalty is not permitted to exceed
$500,000 for any related series of violations. Existing law requires
these penalties to be deposited into the Local Training Account in
the California Hazardous Liquid Pipeline Safety Fund, available upon
appropriation by the Legislature, as specified.
   This bill would raise the civil penalties to  $100,000
  $200,000  for each day that a violation persists,
and the maximum for any related series of violations to 
$1,000,000   $2,000,000  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51018.6 of the Government Code is amended to
read:
   51018.6.  (a) The State Fire Marshal shall adopt regulations for
conducting enforcement proceedings pursuant to this section. These
regulations shall include provisions for the service and the content
of the notice of probable violation, response options, conduct of
hearings, issuing of the final order, amended final order, and
petitions for reconsideration and compromise of penalties, and shall
be consistent with the procedures specified in Sections 190.207 to
190.215, inclusive, and Section 190.227 of Title 49 of the Code of
Federal Regulations.
   (b) If the State Fire Marshal determines, pursuant to the
regulations adopted pursuant to subdivision (a), that a person has
violated this chapter or any regulation adopted pursuant thereto,
that person is subject to a civil penalty of not more than 
one   two  hundred thousand dollars 
($100,000)   ($200,000)  for each day that
violation persists, except that the maximum civil penalty shall not
exceed  one   two  million dollars 
($1,000,000)   ($2,000,000)  for any related
series of violations.
   (c) The amount of the penalty shall be assessed by the State Fire
Marshal pursuant to the regulations adopted pursuant to subdivision
(a). In determining the amount of the penalty, the State Fire Marshal
shall consider the nature, circumstances, and gravity of the
violation and, with respect to the person found to have committed the
violation, the degree of culpability, any history of prior
violations, the effect on ability to continue to do business, any
good faith attempts to achieve compliance, ability to pay the
penalty, and any other matters as justice may require.
   (d) A civil penalty assessed under subdivision (b) may be
recovered in an action brought by the Attorney General on behalf of
the state. Prior to referring the penalty action to the Attorney
General, the State Fire Marshal may accept an offer to compromise the
amount of the assessed penalty pursuant to the regulations adopted
pursuant to subdivision (a).
   (e) The State Fire Marshal shall deposit all civil penalties
assessed pursuant to this section in the Local Training Account in
the California Hazardous Liquid Pipeline Safety Fund. The money in
the Local Training Account is available, upon appropriation by the
Legislature, to the State Fire Marshal, who shall use the money for
providing hazardous liquid fire suppression training to local fire
departments.