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SB-169 Pipeline safety: records.(2019-2020)

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Date Published: 01/28/2019 09:00 PM
SB169:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 169


Introduced by Senator Jackson

January 28, 2019


An act to amend Sections 51010.5, 51015, and 51015.05 of the Government Code, relating to pipeline safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 169, as introduced, Jackson. Pipeline safety: records.
The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines that transport hazardous liquids. The act requires a pipeline operator to make available to the State Fire Marshal, or any officers or employees authorized by the State Fire Marshal, upon presentation of appropriate credentials, any records, maps, or written procedures that are required by the act to be kept by the pipeline operator and which concern accident reporting, design, construction, testing, or operation and maintenance. The act authorizes the State Fire Marshal, or any officer or employee authorized by the State Fire Marshal, to enter, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of any pipeline operators that are required to be inspected and examined to determine whether the pipeline operator is in compliance with the act. A person who willfully and knowingly violates the act or a regulation issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
This bill would revise and recast those provisions and would authorize the State Fire Marshal, for purposes of carrying out the requirements of state or federal law relating to hazardous liquid pipeline safety, to require the owner or operator of a pipeline to establish and maintain records, make reports, and provide any information that the State Fire Marshal reasonably requires, as provided. The bill would authorize the State Fire Marshal to disclose records, reports, or other information required to be maintained pursuant to the act to an officer, employee, or authorized representative of the state or the United States for purposes of carrying out the requirements of the act or the federal Hazardous Liquid Pipeline Safety Act, or when relevant to a proceeding pursuant to the act. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The act defines “pipeline” for its purposes, and excludes from that definition a pipeline for the transportation of crude oil that operates by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe.
This bill would expand the definition of “pipeline” by repealing that exclusion. Because the bill would expand the application of a crime, 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 51010.5 of the Government Code is amended to read:

51010.5.
 As used in this chapter, the following definitions apply:
(a) “Pipeline” includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility which that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such of these facilities in the state. “Pipeline” does not include the following:
(1) An interstate pipeline subject to Part 195 of Title 49 of the Code of Federal Regulations.
(2) A pipeline for the transportation of a hazardous liquid substance in a gaseous state.

(3)A pipeline for the transportation of crude oil that operates by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe.

(4)

(3) Transportation of petroleum in onshore gathering lines located in rural areas.

(5)

(4) A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.

(6)

(5) Transportation of a hazardous liquid by a flow line.

(7)

(6) A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.

(8)

(7) Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation.
(b) “Flow line” means a pipeline which that transports hazardous liquid substances from the well head to a treating facility or production storage facility.
(c) “Hydrostatic testing” means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium.
(d) “Local agency” means a city, county, or fire protection district.
(e) “Rural area” means a location which that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development.
(f) “Gathering line” means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
(g) “Production facility” means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. (To To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline.) pipeline.
(h) “Public drinking water well” means a wellhead that provides drinking water to a public water system as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health Services and that is subject to Section 116455 of the Health and Safety Code.
(i) “GIS mapping system” means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a data base database that is accessible to the public.
(j) “Motor vehicle fuel” includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, which is used or is usable for propelling motor vehicles operated by the explosion type engine. It does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.
(k) “Oxygenate” means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an “oxygenated fuel” pursuant to Section 7545 of Title 42 of the United States Code.

SEC. 2.

 Section 51015 of the Government Code is amended to read:

51015.
 (a) Every A pipeline operator shall provide to the fire department having fire suppression responsibilities a map or suitable diagram showing the location of the pipeline, a description of all products transported within the pipeline, and a contingency plan for pipeline emergencies which that shall include, but not be limited to to, any reasonable information which that the State Fire Marshal may require.

(b)A pipeline operator shall make available to the State Fire Marshal, or any officers or employees authorized by the State Fire Marshal, upon presentation of appropriate credentials, any records, maps, and written procedures that are required, by this chapter, to be kept by the pipeline operator and which concern accident reporting, design, construction, testing, or operation and maintenance.

The State Fire Marshal, or any officer or employee authorized by the State Fire Marshal, may enter, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of any pipeline operators that are required to be inspected and examined to determine whether the pipeline operator is in compliance with this chapter.

(b) The State Fire Marshal, for purposes of carrying out the requirements of state or federal law relating to hazardous liquid pipeline safety, including, but not limited to, developing or assisting in the development of pipeline standards or regulations, determining compliance with this chapter, or carrying out any requirement of this chapter, may require the owner or operator of a pipeline to do the following:
(1) Establish and maintain records specified by the State Fire Marshal.
(2) Make reports pursuant to methods and in a manner specified by the State Fire Marshal.
(3) Provide any information that the State Fire Marshal may reasonably require, including, but not limited to, maps, written procedures, accident reporting, or information on design, construction, testing, or operation and maintenance.
(c) The State Fire Marshal, or an officer or employee authorized by the State Fire Marshal, at any reasonable time, upon presentation of credentials, shall have a right of entry to, upon, or through any premises on which records, reports, or any other information required to be maintained pursuant to this chapter are located and may access and copy those records, reports, or other information.
(d) The State Fire Marshal may disclose records, reports, or other information required to be maintained pursuant to this chapter to an officer, employee, or authorized representative of the state or the United States for purposes of carrying out the requirements of this chapter or the federal Hazardous Liquid Pipeline Safety Act (49 U.S.C. Sec. 2001 et seq.), or when relevant to a proceeding pursuant to this chapter.

(c)

(e) Every A pipeline 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.

SEC. 3.

 Section 51015.05 of the Government Code is amended to read:

51015.05.
 (a) The State Fire Marshal shall establish and maintain a centralized database containing information and data regarding the following intrastate pipelines:
(1) Pipelines, as defined in paragraph (3) of subdivision (a) of Section 51010.5, Pipelines used for the transportation of crude oil that operate by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe.
(2) Pipelines, as defined in paragraph (4) of subdivision (a) of Section 51010.5, Pipelines used for the transportation of petroleum in onshore gathering lines located in rural areas.
(b) The database shall include, but is not limited to, an inventory of the pipelines described in subdivision (a), including pipeline locations, ownership, ages, and inspection histories, that are in the possession of the owner or operator of the oil field or other gas facility.
(c) The State Fire Marshal shall regularly update the database and shall make the information in the database available to the public, and to all local, state, and federal agencies.
(d) Any A state or local governmental agency that regulates, supervises, or exerts authority over any a pipeline described in subdivision (a) shall report any information or data specified in subdivision (b) in its possession to the State Fire Marshal. That information shall be submitted to the State Fire Marshal in a computer compatible format.
(e) The State Fire Marshal shall conduct a study of the fitness and safety of all pipelines described in subdivision (a), and investigate incentive options that would encourage pipeline replacement or improvements, including, but not limited to, a review of existing regulatory, permit, and environmental impact report requirements and other existing public policies, as may be identified by the Pipeline Safety Advisory Committee and adopted by the State Fire Marshal, that could act as barriers to the replacement or improvement of those pipelines.
(f) The costs of this section shall be funded from federal block grant funds. This section shall become operative only upon receipt of these federal block grant funds as determined by the State Fire Marshal. Upon receipt of these funds funds, the State Fire Marshal shall provide written notice to both houses of the Legislature for publication in their respective journals.

SEC. 4.

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