BILL NUMBER: AB 2559 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 27, 2012
AMENDED IN ASSEMBLY MAY 21, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Buchanan
FEBRUARY 24, 2012
An act to add Chapter 5.5 (commencing with Section 8070)
to Division 4 of the Public Utilities Code Section
65963.2 to the Government Code , relating to natural
gas pipelines local government .
LEGISLATIVE COUNSEL'S DIGEST
AB 2559, as amended, Buchanan. Natural gas pipelines:
pipeline integrity management. Local government:
pipeline projects: approval.
Existing law, the Permit Streamlining Act, governs the approval
process that a city, county, or city and county must follow when
approving, among other things, a project that is located within a
flood hazard zone, a permit for a hazardous waste facility project,
and a permit for construction or reconstruction for a development
project for a wireless telecommunications facility.
This bill would require a city, county, or city and county to act
on an application by a gas corporation that is a public utility for a
ministerial pipeline project permit within a public street or
highway or any other public right-of-way within 10 business days of
determining that an application for the pipeline project is complete,
except as specified, thereby imposing a state-mandated local
program.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including gas corporations, as
defined. The Natural Gas Pipeline Safety Act of 2011 designates the
commission as the state authority responsible for regulating and
enforcing intrastate gas pipeline transportation and pipeline
facilities pursuant to federal law, including the development,
submission, and administration of a state pipeline safety program
certification for natural gas pipelines.
This bill would require the commission to ensure that a local
entity is provided notice by a gas corporation whenever a pipeline
integrity management plan, as defined, may result in the gas
corporation undertaking pipeline inspection, remediation, or
replacement work within the jurisdiction of the local entity, and the
inspection, remediation, or replacement work within that
jurisdiction is likely to require action by the local entity to
approve or facilitate the work. The bill would require that the local
entity that has been provided with notice expedite any permitting,
as defined, or other actions necessary to complete any pipeline
inspection, remediation, or replacement work within the jurisdiction
of the local entity that is necessary pursuant to the pipeline
integrity management plan. The bill would require a local entity that
cannot issue a decision on a permit within 10 business days of the
submission of the permit application, to provide a written
explanation to the utility applying for the permit, and to provide
the utility with a timeline by which the local entity will, as soon
as possible, issue a decision on the permit. The bill would also
prohibit a local entity from imposing permit requirements that exceed
the scope of the proposed pipeline project, unless the additional
requirements specifically relate to the project and are necessary for
public safety. By requiring a higher level of service by local
government entities that may be affected by work undertaken pursuant
to a pipeline integrity management plan, the bill would impose a
state-mandated local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65963.2 is added to the
Government Code , to read:
65963.2. (a) For purposes of this section, the following terms
have the following meanings:
(1) "Commission" means the Public Utilities Commission.
(2) "Pipeline integrity management plan" means a plan adopted by
the commission that includes an activity undertaken by a gas
corporation that is a public utility to enhance the safety of a
natural gas pipeline.
(3) "Pipeline project" means a pipeline inspection, remediation,
removal, or replacement, including any valve, flange, meter, or other
piece of equipment directly attached to the pipeline, in accordance
with a pipeline integrity management plan.
(b) A city, county, or city and county shall act on an application
by a gas corporation that is a public utility for a ministerial
pipeline project permit within a public street or highway or any
other public right-of-way within 10 business days of determining that
an application for the pipeline project is complete.
(c) If the city, county, or city and county cannot act on the
application within 10 business days of determining that an
application for the pipeline project is complete pursuant to
subdivision (b), the city, county, or city and county shall provide
the gas corporation with a written timeline indicating the time,
which shall occur as soon as possible, by which the city, county, or
city and county will act on the application.
SECTION 1. Chapter 5.5 (commencing with Section
8070) is added to Division 4 of the Public Utilities Code, to read:
CHAPTER 5.5. NATURAL GAS PIPELINE CONSTRUCTION
8070. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Expedite any permitting" means to issue a decision on a
permit within 10 business days of the submission of the permit
application.
(2) "Local entity" means a city, county, city and county, local
agency, joint powers agency, special district, or any entity of local
government that has authority to grant approvals necessary to
implement a pipeline integrity management plan within the
jurisdiction of the local entity.
(3) "Pipeline integrity management plan" means an activity
undertaken by a public utility to enhance the safety of an intrastate
natural gas pipeline in accordance with a decision, rule, or
regulation adopted by the commission.
(b) The commission shall ensure that a local entity is provided
notice by a gas corporation whenever a pipeline integrity management
plan may result in the gas corporation undertaking pipeline
inspection, remediation, or replacement work within the jurisdiction
of the local entity, and the inspection, remediation, or replacement
work is likely to require action by the local entity to approve or
facilitate the work.
(c) A local entity that has been provided notice pursuant to
subdivision (b) shall expedite any permitting or other actions
necessary to complete any pipeline inspection, remediation, or
replacement work within the jurisdiction of the local entity, and
that is necessary pursuant to an approved pipeline integrity
management plan. Where a local entity cannot issue a decision on a
permit within 10 business days of the submission of the permit
application, the local entity shall provide a written explanation to
the utility applying for the permit, and shall provide the utility
with a timeline by which the local entity will, as soon as possible,
issue a decision on the permit.
(d) A local entity shall not impose permit requirements that
exceed the scope of the proposed pipeline project, unless the
additional requirements specifically relate to the project and are
necessary for public safety.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.