Today's Law As Amended


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AB-1531 Public resources.(2021-2022)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Climate change is causing historic droughts, devastating wildfires, storms, extreme heat, the death of millions of trees, and billions of dollars in property damage, and is threatening human health and food supplies.
(b) California has set ambitious targets to reduce the effects of climate change by reducing carbon emissions to 40 percent below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050.
(c) In 2018, Governor Jerry Brown issued Executive Order No. B-55-18, establishing a state goal to reach carbon neutrality by no later than 2045 and to maintain net negative greenhouse gas emissions thereafter, and directing the State Air Resources Board to work with relevant state agencies to develop a framework for implementation and accounting that tracks progress toward these goals.
(d) Carbon capture and storage is a clean technology pathway that is well suited for rapidly reducing emissions from economically vital sectors in California.
(e) According to several academic and scientific studies, California will be unlikely to achieve its greenhouse gas emission reduction goals without deployment of carbon capture and storage. The 2018 Intergovernmental Panel on Climate Change (IPCC) Special Report on Global Warming of 1.5° Celsius and the International Energy Agency World Energy Outlook 2020 find that reaching net negative emissions will require a significant amount of carbon removal.
(f) California can deploy carbon capture and storage in the near term to abate nearly 60,000,000 metric tons of carbon dioxide per year, approximately 15 percent of the state’s current emission levels.
(g) Carbon capture and storage projects would provide jobs for California’s skilled and trained workforce consistent with the state’s commitment to an equitable and just clean energy transition. Carbon capture projects are skilled labor intensive and represent the best potential for a “just transition” for the state’s industrial workforce.
(h) Both the White House and Congress of the United States have signaled strong support for carbon capture, utilization, and storage by supporting proposals to increase the federal Section 45Q tax credit and to make the credit easier to use. The President’s American Jobs Plan also features enhanced support for deployment of carbon capture, utilization, and storage for industrial applications, direct air capture, and retrofits of existing powerplants, not only to help achieve the federal government’s decarbonization objectives, but also to create good jobs for American workers.
(i) If carbon capture and storage is to play a meaningful role in meeting California’s 2030 emissions reduction targets and 2045 carbon neutrality goals, the state must consider additional and immediate actions to promote deployment of carbon capture and storage projects.
(j) The pipeline transport of carbon dioxide is a proven mature technology. In its 2005 Special Report on Carbon Dioxide Capture and Storage, the IPCC states that the pipeline transport of carbon dioxide operates as a mature market technology and that over 2,500 kilometers of pipeline in the United States transport more than 40,000,000 metric tons of carbon dioxide per year. Federal government data demonstrate that carbon dioxide pipelines are safe.

SEC. 2.

 Section 659 of the Civil Code is amended to read:

659.
 (a)  Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of airspace granted, by law.
(b) (1) The free space specified in subdivision (a) includes pore space that can be possessed and used for the storage of gaseous or liquid substances, including, but not limited to, greenhouse gas in the state.
(2) This subdivision does not change or alter the law as it relates to the rights belonging to, and the dominance of, the mineral estate, and does not change or alter the incidents of ownership or other rights of the owners of the mineral estate, including the right to mine, drill, complete, or abandon a well, the right to inject substances to facilitate production, the right to implement enhanced recovery for the purposes of recovery of oil, gas, or other minerals, or the dominance of the mineral estate.
(3) This subdivision does not affect existing instruments with regards to existing pore space use and ownership.

SEC. 2.SEC. 3.

 Section 51010 of the Government Code is amended to read:

51010.
 It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and  hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, and may act as agent for the United State States  Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979  (49 U.S.C. Sec. 2001 60101  et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.

SEC. 3.SEC. 4.

 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  substances, carbon dioxide,  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) An intrastate pipeline subject to subdivision (a) of Section 950 of the Public Utilities Code.
(2) (3)  A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3) (4)  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) (5)  Transportation of petroleum in onshore gathering lines located in rural areas.
(5) (6)  A pipeline for the transportation of a hazardous liquid substance or carbon dioxide  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) (7)  Transportation of a hazardous liquid or carbon dioxide  by a flow line.
(7) (8)  A pipeline for the transportation of a hazardous liquid substance or carbon dioxide  through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility. For purposes of this paragraph, a manufacturing facility includes any facility designed to facilitate the capture, processing, storage, or compression of carbon dioxide. 
(8) (9)  Transportation of a hazardous liquid substance or carbon dioxide  by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide  between those modes of transportation.
(b) “Flow line” means a pipeline which that  transports hazardous liquid substances from  or carbon dioxide between  the well head to and  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.) pipelines. 
(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 Health Services Water Resources Control Board  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.
(l) “Carbon dioxide” means a fluid consisting of more than 90 percent carbon dioxide molecules compressed to a supercritical state.

SEC. 4.SEC. 5.

 Section 51011 of the Government Code is amended to read:

51011.
 (a)  The State Fire Marshal shall adopt hazardous liquid and carbon dioxide  pipeline safety regulations in compliance with the federal law relating to hazardous liquid and carbon dioxide  pipeline safety, including, but not limited to, compliance orders, penalties, and inspection and maintenance provisions, and including amendments to those laws and regulations which that  may be hereafter enacted and adopted. Regulations adopting the minimum standards for hazardous liquid and carbon dioxide  pipelines contained in the Federal federal  Hazardous Liquid Pipeline Safety Act, 49  Act of 1979 (49  U.S.C. Sec. 2001 60101  et seq., seq.)  and Title 49 of the Code of Federal Regulations, Regulations  by the State Fire Marshal are exempt from the procedures specified in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, except that those regulations shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations.
(b)  The State Fire Marshal may exempt the application of regulations adopted pursuant to this section to any pipeline, or portion thereof, when it is determined that the risk to public safety is slight and the probability of injury or damage remote.
(c)  Notification of exemptions shall be written, and shall include a discussion of those factors which that  the State Fire Marshal considers significant to the granting of the exemption.

SEC. 5.SEC. 6.

 Section 51012 of the Government Code is amended to read:

51012.
 (a)  The State Fire Marshal shall establish a Pipeline Safety Advisory Committee for purposes of informing local agencies and every pipeline operator of changes in applicable laws and regulations affecting the operations of pipelines and reviewing proposed hazardous liquid and carbon dioxide  pipeline safety regulations adopted pursuant to Section 51011.
(b)  The committee shall be composed of eight members of whom two shall represent pipeline operators, three shall represent local agencies, one shall be a fire chief, and two shall be public members. The committee shall meet when requested by the State Fire Marshal, but not less than once a year. The members shall be paid expenses and one hundred dollars ($100) per diem for each meeting.

SEC. 6.SEC. 7.

 Section 51013.5 of the Government Code is amended to read:

51013.5.
 (a) Every newly constructed pipeline, existing pipeline, or part of a pipeline system that has been relocated or replaced, and every pipeline that transports a hazardous liquid substance or  substance, carbon dioxide, or a  highly volatile liquid substance, shall be tested in accordance with Subpart E (commencing with Section 195.300) of Part 195 of Title 49 of the Code of Federal Regulations.
(b) Every pipeline not provided with properly sized automatic pressure relief devices or properly designed pressure limiting devices shall be hydrostatically tested annually.
(c) Every pipeline over 10 years of age and not provided with effective cathodic protection shall be hydrostatically tested every three years, except for those on the State Fire Marshal’s list of higher risk pipelines, which shall be hydrostatically tested annually.
(d) Every pipeline over 10 years of age and provided with effective cathodic protection shall be hydrostatically tested every five years, except for those on the State Fire Marshal’s list of higher risk pipelines which shall be hydrostatically tested every two years.
(e) Piping within a refined products bulk loading facility served by pipeline shall be tested hydrostatically at 125 percent of maximum allowable operating pressure utilizing the product ordinarily transported in that piping if that piping is operated at a stress level of 20 percent or less of the specified minimum yield strength of the pipe. The frequency for pressure testing these pipelines shall be every five years for those pipelines with effective cathodic protection and every three years for those pipelines without effective cathodic protection. If that piping is observable, visual inspection may be the method of testing.
(f) Beginning on July 1, 1990, and continuing until the regulations adopted by the State Fire Marshal pursuant to subdivision (g) take effect, each pipeline within the State Fire Marshal’s jurisdiction which satisfies any of the following sets of criteria shall be placed on the State Fire Marshal’s list of higher risk pipelines until five years pass without a reportable leak due to corrosion or defect on that pipeline. Initially, pipelines on that list shall be tested by the next scheduled test date, or within two years of being placed on the list, whichever is first. On July 1, 1990, pipeline operators shall provide the State Fire Marshal with a list of all their pipelines which satisfy the criteria in this subdivision as of July 1, 1990. If any pipeline becomes eligible for the list of higher risk pipelines after that date, the pipeline company shall report that fact to the State Fire Marshal within 30 days, and the pipeline shall be placed on the list retroactively to the date on which it became eligible for listing. Pipelines which are found to belong on the list, but are not so reported by the operator to the State Fire Marshal, shall be placed on the list retroactively. Operators failing to properly report their pipelines shall be subject to penalties under Section 51018.6. Pipelines not covered under the risk criteria developed pursuant to subdivision (g) shall be deleted from the list when regulations are adopted pursuant to that subdivision. For purposes of this subdivision, a leak which is traceable to an external force, but for which corrosion is partly responsible, shall be deemed caused by corrosion, “defect” refers to manufacturing or construction defects, and “leak” or “reportable leak” means a rupture required to be reported pursuant to Section 51018. As long as all pipelines are tested in their entirety at least as frequently as standard risk pipelines under subdivisions (c) and (d), it shall suffice for additional tests on higher risk pipelines to cover 20 pipeline miles in all directions along an operator’s pipeline from the position of the leak or leaks which led to the inclusion or retention of that pipeline on the higher risk list. The interim list shall include pipelines which meet any of the following criteria:
(1) Have suffered two or more reportable leaks, not including leaks during a certified hydrostatic pressure test, due to corrosion or defect in the prior three years.
(2) Have suffered three or more reportable leaks, not including leaks during a certified hydrostatic pressure test, due to corrosion, defects, or external forces, but not all due to external forces, in the prior three years.
(3) Have suffered a reportable leak, except during a certified hydrostatic pressure test, due to corrosion or defect of more than 50,000 gallons, or 10,000 gallons in a standard metropolitan statistical area, in the prior three years; or have suffered a leak due to corrosion or defect which the State Fire Marshal finds has resulted in more than 42 gallons of a hazardous liquid within the State Fire Marshal’s jurisdiction entering a waterway in the prior three years; or have suffered a reportable leak of a hazardous liquid with a flashpoint of less than 140 degrees Fahrenheit, or 60 degrees centigrade, in the prior three years.
(4) Are less than 50 miles long, and have experienced a reportable leak, except during a certified hydrostatic pressure test, due to corrosion or a defect in the prior three years. For the purposes of this paragraph, the length of a pipeline with more than two termini shall be the longest distance between two termini along the pipeline.
(5) Have experienced a reportable leak in the prior five years due to corrosion or defect, except during a certified hydrostatic pressure test, on a section of pipe more than 50 years old. For pipelines which fall in this category, and no other category of higher risk pipeline, additional tests required by this subdivision shall be required only on segments of the pipe more than 50 years old as long as all pipe more than 50 years old which is within 20 pipeline miles from the leak in all directions along an operator’s pipeline is tested.
(g) (f)  The State Fire Marshal shall study indicators and precursors of serious pipeline accidents, and, in consultation with the Pipeline Safety Advisory Committee, shall develop criteria for identifying which hazardous liquid pipelines pose the greatest risk to people and the environment due to the likelihood of, and likely seriousness of, an accident due to corrosion or defect. The study shall give due consideration to research done by the industry, the federal government, academia, and to any other information which the State Fire Marshal shall deem relevant, including, but not limited to, recent leak history, pipeline location, and materials transported. Beginning January 1, 1992, using the criteria identified in that study, the State Fire Marshal shall maintain a list of higher risk pipelines, which exceed a standard of risk to be determined by the State Fire Marshal, and which shall be tested as required in subdivisions (c) and (d) as long as they remain on the list. By January 1, 1992, after public hearings, the State Fire Marshal shall adopt regulations to implement this subdivision.
(h) (g)  In addition to the requirements of subdivisions (a) to (e), inclusive, the State Fire Marshal may require any pipeline subject to this chapter to be subjected to a pressure test, or any other test or inspection, at any time, in the interest of public safety.
(i) (h)  Test methods other than the hydrostatic tests required by subdivisions (b), (c), (d), and (e), including inspection by instrumented internal inspection devices, may be approved by the State Fire Marshal on an individual basis. If the State Fire Marshal approves an alternative to a pressure test in an individual case, the State Fire Marshal may require that the alternative test be given more frequently than the testing frequencies specified in subdivisions (b), (c), (d), and (e).
(j) (i)  The State Fire Marshal shall adopt regulations before January 1, 1992, to establish what the State Fire Marshal deems to be an appropriate frequency for tests and inspections, including instrumented internal inspections, which, when permitted as a substitute for tests required under subdivisions (b), (c), and (d), do not damage pipelines or require them to be shut down for the testing period. That testing shall in no event be less frequent than is required by subdivisions (b), (c), and (d). Each time one of these tests is required on a pipeline, it shall be approved on the same individual basis as under subdivision (i). (h).  If it is not approved, a hydrostatic test shall be carried out at the time the alternative test would have been carried out, and subsequent tests shall be carried out in accordance with the time intervals prescribed by subdivision (b), (c), or (d), as applicable.

SEC. 7.SEC. 8.

 Section 51015.4 of the Government Code is amended to read:

51015.4.
 (a) Each operator shall, as specified in regulations provided for in subdivision (c), maintain each valve and check valve that is necessary for the safe operation of its pipeline systems in good working order at all times.
(b) Each operator shall provide protection for each valve and check valve from unauthorized operation and from vandalism.
(c) The State Fire Marshal shall adopt regulations, not later than June 30, 1991, which January 1, 2023, that  establish procedures for maintaining, testing, and inspecting mainline valves and check valves on intrastate hazardous liquid and carbon dioxide  pipelines.

SEC. 9.

 Section 25228.5 is added to the Public Resources Code, to read:

25228.5.
 (a) For the environmental review of a carbon capture and storage project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), both of the following apply:
(1) The commission is the lead agency.
(2) The responsible agency is as follows:
(A) The Geologic Energy Management Division for activities related to the subsurface.
(B) The State Fire Marshal for carbon dioxide pipelines.
(C) The State Water Resources Control Board for impacts to water quality.
(D) The State Air Resources Board for air-related aspects of carbon dioxide monitoring, reporting, and verification requirements.
(b) The commission shall coordinate the development of performance standards for carbon capture and storage sites that include design requirements and other operational measures consistent with the goals of protecting groundwater and preventing the emission of carbon dioxide to the atmosphere.
(c) The standards and regulations developed pursuant to subdivision (b) apply to the injection of carbon dioxide and other injectants in allowable geologic formations for the purposes of greenhouse gas emission reduction or limitation through long-term sequestration and do not apply to the use of Class II injection wells for conventional enhanced hydrocarbon recovery.

SEC. 10.

 Section 740.17 is added to the Public Utilities Code, to read:

740.17.
 (a) The commission, in consultation with the State Air Resources Board and the Energy Commission, shall authorize gas corporations to file applications for investments in programs to accelerate the use of carbon capture and sequestration or utilization to reduce emissions of greenhouse gases consistent with state carbon reduction goals.
(b) Programs proposed by gas corporations shall seek to minimize overall costs and maximize overall benefits. The commission shall approve, or modify and approve, programs and investments in carbon pipelines, and carbon capture-related infrastructure and storage, through a reasonable cost recovery mechanism.
SEC. 11.
 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.