CHAPTER 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361]
( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )
As used in this chapter:
(a) “Gas” means natural or manufactured gas, except propane, used for light, heat, or power.
(b) “Distribution system” means a system of pipes within a mobilehome park operated by a person or corporation, other than a public utility, which is connected to a meter or other measuring device under the control of a privately owned or publicly owned public utility, for purposes of distribution
of gas by the operator of a mobilehome park to the tenants of the mobilehome park who are the actual users of the gas furnished through the meter or device to the operator by the public utility.
(c) “Operator” is a mobilehome park owner or operator who maintains and operates a master-metered natural gas distribution system.
(d) “Department” means the Department of Housing and Community Development.
(e) “Local enforcement agency” means the city, county, or city and county which has assumed the responsibility for the enforcement of Chapter 2 (commencing with Section 18300) of Part 2.1 of Division 13 of the Health and Safety Code.
(f) “Federal law” or “federal pipeline standards” means the federal Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. Sec.
1671 et seq.) and the regulations contained in Parts 190, 191, and 192 of Title 49 of the Code of Federal Regulations.
(Repealed and added by Stats. 1990, Ch. 1630, Sec. 2. This section was also added, in identical language, by Stats. 1990, Ch. 1601. Operative July 1, 1991, by Sec. 3 of Ch. 1630 (and Sec. 3 of Ch. 1601).)
(a) The commission shall undertake a gas safety inspection and enforcement program for mobilehome parks with distribution systems to ensure compliance with the federal pipeline standards by mobilehome park operators within the state. The commission may adopt rules, which shall be at least as stringent as the federal law in order to protect the health and safety of mobilehome park residents. Nothing in this chapter prohibits the commission from adopting more stringent
standards than those in the federal law.
(b) As part of this gas safety inspection and enforcement program, the commission inspectors may:
(1) Enter public or private property as is necessary to carry out this chapter.
(2) Enter and inspect all mobilehome parks, wherever situated, and inspect all documents (including those records listed in subdivision (a) of Section 4353), accommodations, equipment, or paraphernalia used in connection with or related to the gas distribution system of the mobilehome park.
(Amended by Stats. 1992, Ch. 817, Sec. 1. Effective September 22, 1992.)
(a) The commission shall conduct an initial inspection of each distribution system which shall take place on the mobilehome park premises. The inspection shall consist of all of the following:
(1) An inspection of the adequacy of the operator’s operation and maintenance plan.
(2) The information contained in the required annual report.
(3) The records of leak surveys and repairs, corrosion control, and cathodic protection of the system.
(4) If deemed appropriate from the review of the records, a physical inspection of the mobilehome park’s distribution system to ensure compliance with the federal law; the applicable sections of Commission General Order 112 relating to mobilehome park distribution systems, excluding the sections relating to gas transmission facilities, LNG facilities, and gathering lines; and any rules and orders adopted by the commission pursuant to this chapter.
(b) If the operator demonstrates compliance pursuant to subdivision (a), the distribution system shall thereafter be inspected at least once every seven years pursuant to a risk-based inspection
schedule adopted by the commission. The subsequent inspections shall consist of the elements specified in subdivision (a). However, the commission may institute an inspection at any time if it determines, following a review of a subsequent annual report or receipt of a complaint, that an additional inspection is necessary.
(c) If the operator does not demonstrate compliance pursuant to subdivision (a), the distribution system may be inspected on an annual basis until such time as there is compliance and, thereafter, shall be inspected as specified in subdivision (b).
(d) If upon the initial inspection or any subsequent inspection, the commission determines the presence of a gas leak or other safety hazard in the distribution system which poses a significant or immediate danger to the health and safety of the park residents, the distribution system may be inspected more frequently
until the condition is corrected. Once corrected, the park shall be inspected as specified in subdivision (b).
(e) The commission may require an operator to provide necessary assistance to commission inspectors in entering and inspecting the mobilehome park, including, but not limited to:
(1) Allowing commission inspectors entry to mobilehome park premises.
(2) Having, upon notice, the necessary records specified in subdivision (a) available for the commission inspector’s review during the physical inspection.
(3) Assisting in surveying or uncovering portions of a distribution system for purposes of inspection, verification, and testing.
(f) It shall be a violation for a mobilehome park
operator to willfully obstruct a commission inspector’s access, entry, or inspection of a mobilehome park.
(g) The commission may enforce subdivision (f) by issuing a citation in the manner specified in subdivision (b) of Section 4357 and shall notify the United States Department of Transportation, the department or local enforcement agency, the utility serving the distribution system, and the operator of any citation issued pursuant to subdivision (f) of Section 4353.
(Amended by Stats. 2012, Ch. 112, Sec. 1. (AB 1694) Effective January 1, 2013.)
(a) Every operator shall prepare and submit to the commission annually a report on the distribution system.
(b) The report shall be submitted to the commission at the same time the annual application for a permit to operate the mobilehome park is submitted to the department or the local enforcement agency.
(c) The report shall be prepared using a form required by the commission and shall contain the information the commission finds necessary to carry out the intent of this chapter. In developing the form, the commission shall consult with interested parties to ensure that the form contains no more than the necessary and appropriate information to carry out the intent of this chapter.
(d) Upon receipt of the report, the commission shall examine the report for violations of (1) applicable federal pipeline safety laws or regulations or (2) any applicable commission rules or orders. The commission may inspect the operator’s distribution system for the purpose of verifying whether or not a violation of federal or state pipeline safety laws or regulations has occurred or is occurring.
(Repealed and added by Stats. 1990, Ch. 1630, Sec. 2. This section was also added, in identical language, by Stats. 1990, Ch. 1601. Operative July 1, 1991, by Sec. 3 of Ch. 1630 (and Sec. 3 of Ch. 1601), except that subd. (c) is operative January 1, 1991.)
(a) Every operator shall maintain all of the following:
(1) A map, drawing, or diagram which indicates the location of the distribution system’s main and service lines, master-meter, and the identity of key valves.
(2) A copy of each annual report which has been submitted pursuant to the federal law or this chapter.
(3) A copy of any record of leak surveys and repairs, corrosion control, and cathodic protection of the system.
(b) The information and records listed in subdivision (a) shall be provided to any subsequent operator of the distribution system upon the sale, transfer, or other conveyance of title to the mobilehome park.
(c) Notwithstanding any other provision of law, there shall be no penalty pursuant to Section 4357 imposed upon a subsequent operator of the distribution system who has not received the information and records listed in subdivision (a) from the transferring operator or upon any operator who fails to have the information and records for any period on or before the effective date of this section.
(Added by Stats. 1991, Ch. 633, Sec. 1. Effective October 8, 1991.)
Except as specified in Section 4356, after each inspection, the commission shall furnish the operator, or a representative designated in writing by the operator, with a written copy of the inspection report within 30 days of the inspection, and the report shall indicate any violations of applicable federal or state pipeline safety laws or regulations. Upon receipt of a report indicating a safety violation, the operator shall file, within 30 days, a written response with the commission which acknowledges receipt of the report and specifies a
compliance plan for correcting the safety violations, including, if appropriate, a timetable for completing necessary repairs or improvements to the distribution system. The commission shall furnish copies of inspection reports indicating safety violations, and responses to these reports, to the United States Department of Transportation and to the department.
(Repealed and added by Stats. 1990, Ch. 1601, Sec. 2. Operative July 1, 1991, by Sec. 3 of Ch. 1601.)
(a) If the commission determines the presence of a gas leak or other safety hazard in the distribution system which poses a significant or immediate danger to the health and safety of the park residents, it shall notify the United States Department of Transportation, the department or local enforcement agency, the utility serving the distribution system, and the operator, who shall provide notice to the affected tenants in the park.
(b) The commission shall require the operator to take immediate steps to correct and repair the gas leak or other hazard. The park operator shall obtain permits from the department or local enforcement agency, as required by Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. The commission may direct the serving gas corporation to terminate service at the master meter if an operator does not comply with this requirement. The cost of repair or corrective actions shall be borne by the operator.
(Amended by Stats. 1992, Ch. 817, Sec. 3. Effective September 22, 1992.)
(a) Any operator who commits a violation enumerated in subdivision (f) of Section 4353, or who fails to file the report required by Section 4354 or to comply with a directive of the commission pursuant to Section 4356 is subject to a civil penalty of not more than one thousand dollars ($1,000) for each day that the violation, failure to file the report or respond to the directive continues, but not to exceed two hundred thousand dollars ($200,000) for a single violation or related
series of violations. The commission shall enforce this subdivision.
(b) The commission may enforce subdivision (a) in the following manner:
(1) By issuing a citation to the responsible person, as defined by Section 18603 of the Health and Safety Code, and to the mobilehome park operator. In the event of a violation that constitutes a significant or immediate danger to health and safety of the park residents, the citation shall be issued immediately and served upon the responsible person or the holder of the permit to operate the mobilehome park. The mobilehome park operator shall be responsible for the correction of any violations for which a citation has been given pursuant to this subdivision.
(2) Service of the citation shall be effected either personally or by first-class mail. Each citation shall be in writing
and shall describe with particularity the nature of the violation, including a reference to the statutory provisions or regulations alleged to have been violated, as well as any penalty provided by law for failure to make timely correction. The citation shall fix the earliest feasible time, as determined by the commission, for the elimination of the condition constituting the alleged violation.
(3) A mobilehome park operator may request an informal conference with the commission staff to challenge any citation alleging a violation, or any directive to correct a violation. The informal conference, any subsequent hearings, or appeals of a decision of the commission shall be conducted in accordance with the rules and procedures prescribed by the commission.
(c) The remedies provided by this chapter are cumulative and shall not be construed to supersede other provisions of law
providing sanctions for violators of this chapter, including, but not limited to, Sections 2112 and 2113 of the Public Utilities Code.
(d) Nothing in this chapter affects the tort liability of the operator of a distribution system.
(Amended by Stats. 1992, Ch. 817 (Sec. 4). Effective September 22, 1992.)
(a) The commission shall establish a uniform billing per space or lot surcharge to be paid by operators with distribution systems subject to this chapter on natural gas purchased for distribution to their tenants. The surcharge shall be designed to recover the commission’s costs of the mobilehome park safety inspection and enforcement program required by this chapter.
(b) The commission shall require gas corporations to adjust their rates on an annual basis to recover the surcharge
specified in subdivision (a). Mobilehome parks which are served by publicly owned public utilities shall be inspected at the request of the serving utility. However, publicly owned public utilities which serve mobilehome parks subject to this chapter shall only be required to adjust their gas rates to recover the surcharge specified in subdivision (a) when a mobilehome park within the utility’s jurisdiction is inspected.
(c) Notwithstanding any other provision of law or local ordinance, rule, regulation, or initiative measure, the operator shall be entitled to recover the surcharge collected pursuant to subdivision (a) from its tenants on a monthly basis. However, the charge to any tenant shall not exceed 30 cents per month for the period from July 1, 1991, until July 1, 1992, and shall not exceed 25 cents per month after that date. If the commission establishes the surcharge at a lesser amount, the operator’s recovery shall not exceed the
actual surcharge.
(d) All surcharge fees collected by gas corporations pursuant to this section shall be forwarded to the commission, as required by the commission. All surcharge fees collected pursuant to this section shall be deposited in the Public Utilities Commission Utilities Reimbursement Account in the General Fund, which fees shall be used, upon appropriation, for purposes of this chapter.
(Amended by Stats. 1991, Ch. 633, Sec. 2. Effective October 8, 1991.)
The commission may adopt rules and orders to carry out this chapter.
(Added by Stats. 1990, Ch. 1601, Sec. 2. Operative January 1, 1991, by Sec. 3 of Ch. 1601.)
Nothing in this chapter affects the requirement that operators of liquefied petroleum gas (propane) master-meter systems supplying 10 or more customers from a single source comply with the applicable provisions of the federal law.
(Added by Stats. 1990, Ch. 1630, Sec. 2. Operative July 1, 1991, by Sec. 3 of Ch. 1630.)
(a) In each mobilehome park, the operator shall post on the mobilehome park premises the current emergency telephone numbers for, at a minimum, the gas company, the fire department, and the responsible person as defined by Section 18603 of the Health and Safety Code, and shall maintain on the mobilehome park premises an emergency procedure, which shall be used in the event there is a gas leak or other safety hazard in the gas distribution system. The operator is required to inform each of the tenants of the mobilehome park of the
location of these emergency telephone numbers and the emergency procedure.
(b) Any operator who fails to comply with subdivision (a) shall be subject to the same penalty as set forth in subdivision (a) of Section 4357. The commission shall enforce this subdivision pursuant to subdivision (b) of Section 4357.
(Added by Stats. 1992, Ch. 817, Sec. 5. Effective September 22, 1992.)