BILL ANALYSIS �
SB 44
Page 1
Date of Hearing: June 27, 2011
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Steven Bradford, Chair
SB 44 (Corbett) - As Amended: April 25, 2011
SENATE VOTE : 39-0
SUBJECT : Public utilities: gas pipeline emergency response
standards
SUMMARY : This bill requires the California Public Utilities
Commission (PUC) to set emergency response standards for
PUC-regulated gas pipeline and distribution systems and requires
that access to pipeline maps be made accessible to the State
Fire Marshal and the local fire marshal. Specifically, this
bill :
1) Defines a commission-regulated gas pipeline facility to
include transmission, distribution and gathering pipeline
facilities operated by investor-owned utilities,
master-metered mobile home parks, storage facilities, and
propane operators.
2) Requires the PUC to commence a proceeding to establish
emergency response standards, which include emergency
response plans, to be followed by owners or operators of
commission-regulated gas pipeline facilities, in
consultation with the Office of Emergency Services and
first responders including the California Fire Chiefs
Association
3) Requires the emergency response plans to include a
requirement that pipeline owners and operators provide the
State Fire Marshal and fire chiefs in the pipeline
operator's territory with geographic information system
maps of the pipeline system within the owner's or
operator's control.
EXISTING LAW :
State (PUC and the Office of the State Fire Marshal) and federal
(U.S. Department of Transportation) regulators are tasked with
ensuring that pipeline and hazardous materials operators have
risk management programs in place, that those programs are
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designed in conformance with state and federal laws, that the
programs are effective in achieving safety for the public and
the employees of the operator, and that the entire system of
achieving safety continues to improve itself.
The PUC enforces statues and rules (General Order 112-E) which
establish, in addition to the Federal Pipeline Safety
Regulations, minimum requirements for the design, construction,
quality of materials, locations, testing, operations and
maintenance of facilities used in the gathering, transmission
and distribution of gas and in liquefied natural gas facilities
to safeguard life or limb, health, property and public welfare
and to provide that adequate service will be maintained by gas
utilities operating under the jurisdiction of the commission.
The PUC conducts compliance inspections, accident
investigations, reviews utilities' reports and records, conducts
construction inspections, conducts special studies, and takes
action in response to complaints and inquiries from the public
on issues regarding gas pipeline and electric safety. The PUC
also conducts audits and inspections of gas facilities owned and
operated by mobile home parks, and audits and inspections of
underground propane gas distributions systems.
The PUC has responsibility to ensure compliance with federal
pipeline management standards for over 11,000 miles of
transmission pipeline and almost 2,350 miles of transmission
pipeline in high consequence areas.
The Office of the State Fire Marshal (SFM) regulates the safety
of approximately 5,500 miles of intrastate hazardous liquid
transportation pipelines and acts as an agent of the federal
Office of Pipeline Safety concerning the inspection of more than
2,000 miles of interstate pipelines. Pipeline Safety staff
inspect, test, and investigate to ensure compliance with all
federal and state pipeline safety laws and regulations. All
spills, ruptures, fires, or similar incidents are responded to
immediately; all such accidents are investigated for cause.
Hazardous liquid pipelines are also periodically tested for
integrity using procedures approved by SFM. The program has
been certified by the federal government since 1981. The SFM
also maintains Geographic Information Systems (GIS)-based maps
of all regulated pipelines and has been named as a state
repository for pipeline data by the National Pipeline Mapping
System (NPMS).
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FISCAL EFFECT : Unknown
COMMENTS :
According to the author, SB 44 requires natural gas operators to
improve communication and coordination with first responders by
requiring the PUC, in consultation with the California Emergency
Management Agency and The California Fire Chiefs Association to
adopt stricter emergency response standards.
On September 9, 2010, a portion of a 30-inch diameter
underground natural gas transmission system of Pacific Gas and
Electric Company (PG&E) suddenly ruptured. The pipeline was
located under the asphalt paving at the intersection of Glenview
Drive and Earl Avenue in a residential area of San Bruno,
California. An explosion ensued, fueled by blowing natural gas.
The explosion and fire resulted in the loss of eight lives and
the total destruction of 38 homes. Seventy homes sustained
damage and eighteen homes adjacent to the destroyed dwellings
were left uninhabitable.
Although the local fire department in San Bruno was aware of the
PG&E natural gas distribution system that traversed the city, it
was unaware of the much larger transmission pipeline that
ruptured in the accident. The lack of information about
components of a pipeline system can put emergency responders at
greater risk and reduce the effectiveness of the response.
Therefore the National Transportation Safety Board recommended
that the Pipeline and Hazardous Materials Safety Administration
(PHMSA) issue guidance to pipeline operators regarding sharing
system specific information (including pipe diameter, operating
pressure, product transported, and potential impact radius) with
the emergency response agencies in the communities and
jurisdictions where their pipelines are located."
High Consequence Area (HCA) is a term defined in Code of Federal
Regulations (CFR) and means:
An area that has 46 or more buildings intended for human
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occupancy; or an area where the pipeline lies within 100 yards
(91 meters) of either a building or a small, well-defined
outside area (such as a playground, recreation area, outdoor
theater, or other place of public assembly) that is occupied
by 20 or more persons on at least 5 days a week for 10 weeks
in any 12-month period. (The days and weeks need not be
consecutive.) This is a Class 3 Area defined by 49 CFR 192.4
(3)
Any location unit where buildings with four or more stories
above ground are prevalent (49 CFR 194.4 (4))
Any location that has fewer than 46 buildings intended for
human occupancy (Class 1 and Class 2 areas defined by 49 CFR
192.5) where the potential impact radius is greater than 660
feet (200 meters), and the area within a potential impact
circle contains 20 or more buildings intended for human
occupancy; or
Any location that has fewer than 46 buildings intended for
human occupancy (Class 1 and Class 2 areas defined by 49 CFR
192.5) where the potential impact circle contains an
identified site. Identified site means each of the following
areas:
An outside area or open structure that is occupied by
twenty (20) or more persons on at least 50 days in any
twelve (12)-month period. (The days need not be
consecutive.) Examples include but are not limited to,
beaches, playgrounds, recreational facilities, camping
grounds, outdoor theaters, stadiums, recreational areas
near a body of water, or areas outside a rural building
such as a religious facility; or
A building that is occupied by twenty (20) or more
persons on at least five (5) days a week for ten (10) weeks
in any twelve (12)-month period. (The days and weeks need
not be consecutive.) Examples include, but are not limited
to, religious facilities, office buildings, community
centers, general stores, 4-H facilities, or roller skating
rinks; or
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A facility occupied by persons who are confined, are of
impaired mobility, or would be difficult to evacuate.
Examples include but are not limited to hospitals, prisons,
schools, day-care facilities, retirement facilities or
assisted-living facilities.
PG&E has the second highest amount of high pressure transmission
pipeline located in HCA compared to other utilities or pipeline
companies in the U.S. PG&E has 1,021 miles of pipeline within
the urbanized or so-called high consequence areas. Sempra's
Southern California Gas system and San Diego Gas & Electric have
1,320 miles of pipeline within high consequence areas.
Local emergency responders will typically first on scene in the
event of a fire. Establishing communication between pipeline
owners and operators with those fire departments local to HCA
pipelines would provide an opportunity to improve coordination
in the event of an event that requires emergency response. The
PUC should also coordinate with the Office of the State Fire
Marshal with respect to the development of emergency response
standards and emergency response plans.
State and municipal authorities have safety agreements and/or
certifications with the U.S. Department of Transportation for
regulating intrastate and interstate pipelines. Similar issues
apply to operators of operators of gas pipelines operated by
California oil refiners (oil company pipelines are regulated
through the California Department of Conservation, Division of
Oil and Gas). Federal law doesn't specifically name responsible
agencies at the state and local level for implementing federal
law, it just allows the Department of Transportation to enter
into agreements or receive certifications from state and local
authorities.
The author may wish to consider amendments to:
1.Clarify that the provisions of this bill to specify the PUC's
jurisdiction is limited what is within the scope of the PUC's
regulatory authority and delineated in the PUC's certification
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to the U.S. Department of Transportation.
2.Specify that the PUC shall coordinate with the Office of the
State Fire Marshal with respect to the development of
emergency response standards and emergency response plans.
3.Require every owner or operator shall offer to meet with the
local fire department having fire suppression responsibilities
at least once each calendar year to discuss and review
contingency plans for pipeline emergencies.
RELATED BILLS:
AB 56 (Hill) requires the operators of natural gas pipelines to
institute safety programs and facilities modernization programs
and requires the Public Utilities Commission to oversee those
programs.
SB 216 (Yee) requires the Public Utilities Commission to
evaluate current safety practices with regard to intrastate
natural gas transmission pipelines. The bill requires operators
of natural gas transmission pipelines to install automatic or
remote-controlled shut off valves in areas of high population
density or where pipelines cross active seismic faults.
SB 705 (Leno) requires natural gas utilities regulated by the
Public Utilities Commission to develop service and safety plans.
SB 879 (Padilla) requires the Public Utilities Commission to
require natural gas utilities to account for ratepayer funds
designated for pipeline maintenance and repair in a more
transparent way.
REGISTERED SUPPORT / OPPOSITION :
Support
AARP California
Alameda County Fire Department
California Fire Chiefs Association (CFCA)
California Professional Firefighters (CPF)
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California Public Utilities Commission (CPUC)
Chino Valley City Fire District
City of Rancho Cucamonga
Consumer Federation of California
Davis Fire Department
Fairfield Fire Department
Fremont Fire Department
Humboldt No.1 Fire Protection District
League of California Cities
Livermore-Pleasanton Fire Department
Pacific Gas and Electric Company (PG&E)
San Diego Gas & Electric Company (SDG&E)
Sempra Energy utilities
Southern California Gas Company (SoCalGas)
UC Davis Fire Department
Vacaville Fire Department
Opposition
None on file.
Analysis Prepared by : Susan Kateley / U. & C. / (916)
319-2083