BILL NUMBER: AB 2564 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 26, 2012
AMENDED IN ASSEMBLY JUNE 12, 2012
AMENDED IN ASSEMBLY APRIL 25, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Ma
FEBRUARY 24, 2012
An act to amend Sections 21080.21, 21100.2, and 21168.6 of, and to
add Section 21063.5 to, the Public Resources Code, relating to
environmental quality, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2564, as amended, Ma. Environmental quality: pipelines: project
applicants.
(1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA exempts a project of less than one mile in length within a
public street or highway or any other public right-of-way for the
installation of a new pipeline, as defined, or the maintenance,
repair, restoration, reconditioning, relocation, replacement,
removal, or demolition of an existing pipeline.
This bill would also except from CEQA a pipeline project of less
than 8 miles in length, but would restrict this exemption to
activities that do not take place along more than one mile at any one
time. The bill would also revise the definition of the term pipeline
for purposes of this exemption to delete the exclusion for surface
facilities related to the operation of the underground facility.
The bill would also require a public agency to establish a process
that would allow an applicant for a natural gas pipeline safety
enhancement project, as defined, to elect to pay additional fees to
be used by the public agency in determining whether to approve that
project by entering into a contract with one or more 3rd parties to
assist the public agency to perform the analysis. The bill would
impose a state-mandated local program by imposing new duties upon
local agencies.
(2) CEQA requires, for purposes of actions against the Public
Utilities Commission, the writ of mandate to lie only from the
Supreme Court to the commission.
This bill would require, in an action or proceeding against a
public agency involving a natural gas pipeline safety enhancement
project, the writ of mandate to lie only from the Supreme Court to
the public agency.
(3)
(2) 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.
(4)
(3) This bill would declare that it is to take effect
immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) On September 9, 2010, a 30-inch-diameter segment of an
intrastate natural gas transmission pipeline ruptured in a
residential neighborhood in the City of San Bruno. The rupture caused
an explosion and fire devastating a community and igniting a call to
action.
(b) On January 2, 2011, the Public Utilities Commission (PUC)
ordered Pacific Gas and Electric(PG&E), Southern California Gas
(SoCalGas), San Diego Gas and Electric (SDG&E), and Southwest Gas to
perform a comprehensive records review of their transmission
pipelines and identify those that have not had their maximum
allowable operating pressure established by pressure testing.
(c) Federal law exempts from pressure test requirements
pipelines placed in service prior to 1970. The National
Transportation Safety Board, who has principle jurisdiction over the
investigation into San Bruno, concluded that there is no safety
justification for the grandfather clause exempting pre1970 pipelines
from the requirement for postconstruction hydrostatic pressure
testing.
(d) Pursuant to PUC order and section 958 of the Public
Utilities Code, enacted by Assembly Bill 56 (Chapter 519, Statutes of
2011), gas corporations are required to prepare comprehensive
pressure testing implementation plans to pressure test or replace all
intrastate natural gas transmission pipelines as soon as
practicable.
(e) The scope of work to be accomplished within the
implementation plans is unprecedented and will create thousands of
jobs within the state.
(f) The safe and expeditious completion of these pipeline
safety enhancements is a state and public safety priority.
(a)
(g) It is a matter of statewide concern to achieve the
timely completion of natural gas pipeline safety enhancements,
including programs for maintenance and operation enhancements, and to
contribute to the public's confidence in the safety of natural gas
pipelines and their ongoing maintenance and operation.
(b)
(h) It is in the public interest to accelerate the
permitting process for natural gas pipeline safety enhancements,
including programs for maintenance and operation enhancements, and
for permitting agencies to give these projects priority in processing
permits.
(c)
(i) It is in the public interest to enable state
agencies to better carry out their permitting responsibilities by
providing applicants an option for enhancing available resources for
permit processing.
SEC. 2. Section 21063.5 is added to the Public Resources Code,to
read:
21063.5. "Natural gas pipeline safety enhancement project" means
an activity undertaken by a public utility as part of a program to
enhance the safety of intrastate natural gas pipelines in accordance
with a decision, rule, or regulation adopted by the Public Utilities
Commission.
SEC. 3. Section 21080.21 of the Public Resources Code is amended
to read:
21080.21. (a) This division does not apply to any project of
either of the following:
(1) Up to one mile in length within a public street or highway or
any other public right-of-way for the installation of a new pipeline
or the maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline.
(2) Greater than one mile in length, but less than eight miles in
length, within a public street or highway or any other public
right-of-way for the installation of a new pipeline or the
maintenance, repair, restoration, reconditioning, relocation,
replacement, removal, or demolition of an existing pipeline, if the
activity does not take place along more than one mile at any one
time.
(b) For purposes of this section, "pipeline" includes any valve,
flange, meter, or other piece of equipment that is directly attached
to the pipeline.
(c) If a project meets the requirements of paragraph (2) of
subdivision (a), the person undertaking the project shall do the
following:
(1) Notify, in writing, any public agency having
discretionary permit and land use authority of the exemption of
the project from this division no later than 10 days prior to
undertaking the project, and thereafter proceed to secure all
appropriate ministerial permits from the public agency.
(2) Comply with all conditions otherwise authorized by law,
imposed by any state agency as part of any permit process, and
otherwise comply with the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and Game
Code), the California Coastal Act of 1976 (Division 20 (commencing
with Section 30000) of the Public Resources Code), and other
applicable state and federal laws.
SEC. 4. Section 21100.2 of the Public Resources Code is amended to
read:
21100.2. (a) (1) For projects described in subdivision (c) of
Section 21065, each state agency shall establish, by resolution or
order, time limits that do not exceed the following:
(A) One year for completing and certifying environmental impact
reports.
(B) One hundred eighty days for completing and adopting negative
declarations.
(2) The time limits specified in paragraph (1) shall apply only to
those circumstances in which the state agency is the lead agency for
a project. These resolutions or orders may establish different time
limits for different types or classes of projects, but all limits
shall be measured from the date on which an application requesting
approval of the project is received and accepted as complete by the
state agency.
(3) No application for a project may be deemed incomplete for lack
of a waiver of time periods prescribed in state regulations.
(4) The resolutions or orders required by this section may provide
for a reasonable extension of the time period in the event that
compelling circumstances justify additional time and the project
applicant consents thereto.
(b) If a draft environmental impact report, environmental impact
report, or focused environmental impact report is prepared under a
contract to a state agency, the contract shall be executed within 45
days from the date on which the state agency sends a notice of
preparation pursuant to Section 21080.4. The state agency may take
longer to execute the contract if the project applicant and the state
agency mutually agree to an extension of the time limit provided by
this subdivision.
(c) (1) A public agency shall establish a process that would allow
a natural gas pipeline safety enhancement project applicant to elect
to pay additional fees to be used by the public agency in
determining whether to approve a natural gas pipeline safety
enhancement project by entering into a contract with one or more
third parties to assist the public agency to perform the analysis,
consistent with Article VII of the California Constitution and
Section 19130 of the Government Code and the charter of a chartered
city or county, as applicable. The public agency may, but is not
required to, offer a project applicant the option to pay those fees
and subject a project to this process.
(2) The amount of the fees charged by the public agency pursuant
to this subdivision shall be conditioned upon the natural gas
pipeline safety enhancement project applicant agreeing to that amount
and electing to proceed with the retention of a third party pursuant
to this subdivision.
(3) All fees paid by a natural gas pipeline safety enhancement
project applicant shall be used exclusively for analysis of that
applicant's application for certification.
SEC. 5. Section 21168.6 of the Public Resources
Code is amended to read:
21168.6. In any action or proceeding under Sections 21168 or
21168.5 against the Public Utilities Commission or in an action or
proceeding against a public agency involving a natural gas pipeline
safety enhancement project, the writ of mandate shall lie only from
the Supreme Court to that commission or public agency.
SEC. 6. SEC. 5. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has
the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by
this act, within the meaning of Section 17556 of the Government Code.
SEC. 7. SEC. 6. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to achieve the timely completion of natural gas pipeline
safety enhancements, including programs for maintenance and operation
enhancements, and to contribute to the public's confidence in the
safety of natural gas pipelines and their ongoing maintenance and
operation, thereby protecting public health and safety, it is
necessary for this act to take effect immediately.