AB 1420: Oil and gas: pipelines.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-08
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the divisions regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line or an urban pipeline over 4 inches in diameter is required to perform a mechanical integrity test on the pipeline every 2 years, unless it is less than 10 years old.
This bill would require the division, by January 1, 2018, to review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are 4 inches or less in diameter, in sensitive areas, and 10 years old or older, as specified. The bill would define active gas pipelines as inservice gas pipelines of any diameter within the divisions jurisdiction. The bill would require operators of active gas pipelines in sensitive areas, by January 1, 2018, to submit to the division maps identifying the location of those pipelines and other locational information, as provided. The bill would require the division to perform random periodic spot check inspections to ensure that the submitted maps are accurately reported. The bill would require the division to maintain a list of active gas pipelines in sensitive areas.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
This bill would require a local health officer or his or her designee, if he or she is notified of a leak in an active gas pipeline within a sensitive area and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health officer or his or her designee to direct the responsible party to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health officer or his or her designee to provide a higher level of service to the public, this bill would impose a state-mandated local program.
This bill would require an owner or operator of an active gas pipeline in a sensitive area, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the divisions regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line or an urban pipeline over 4 inches in diameter is required to perform a mechanical integrity test on the pipeline every 2 years, unless it is less than 10 years old.
This bill would require the division, by January 1, 2018, to review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are 4 inches or less in diameter, in sensitive areas, and 10 years old or older, as specified. The bill would define active gas pipelines as inservice gas pipelines of any diameter within the divisions jurisdiction. The bill would require operators of active gas pipelines in sensitive areas, by January 1, 2018, to submit to the division maps identifying the location of those pipelines and other locational information, as provided. The bill would require the division to perform random periodic spot check inspections to ensure that the submitted maps are accurately reported. The bill would require the division to maintain a list of active gas pipelines in sensitive areas.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
This bill would require a local health officer or his or her designee, if he or she is notified of a leak in an active gas pipeline within a sensitive area and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health officer or his or her designee to direct the responsible party to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health officer or his or her designee to provide a higher level of service to the public, this bill would impose a state-mandated local program.
This bill would require an owner or operator of an active gas pipeline in a sensitive area, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the divisions regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line or an urban pipeline over 4 inches in diameter is required to perform a mechanical integrity test on the pipeline, pipeline every 2 years, unless it is less than 10 years old.
This bill would require the division, commencing by January 1, 2018, to require a mechanical integrity test every 2 years for review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are 4 inches or less in diameter, in sensitive areas that are areas, and 10 years old or older, except as provided. The bill would require the division to maintain a list of active gas pipelines in sensitive areas. older, as specified. The bill would define active gas pipelines as inservice gas pipelines of any diameter within the divisions jurisdiction. The bill would require operators of active gas pipelines in sensitive areas, by January 1, 2018, to submit to the division maps identifying the location of those pipelines and other locational information, as provided. The bill would require the division to perform random periodic spot check inspections to ensure that the submitted maps are accurately reported. The bill would require the division to maintain a list of active gas pipelines in sensitive areas.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
This bill would require a local health officer or his or her designee, if he or she is notified of a leak in an active gas pipeline within a sensitive area and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health officer or his or her designee to direct the responsible party to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health officer or his or her designee to provide a higher level of service to the public, this bill would impose a state-mandated local program.
This bill would require an owner or operator of an active gas pipeline in a sensitive area, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the divisions regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line is required to perform a mechanical integrity test on the pipeline, unless it is less than 10 years old.
This bill would require the division, commencing January 1, 2018, to require a mechanical integrity test every 2 years for all active gas pipelines of any diameter within sensitive areas, as defined. in sensitive areas that are 10 years old or older, except as provided. The bill would require the division to maintain a list of active gas pipelines in sensitive areas. The bill would define active gas pipelines as inservice gas pipelines of any diameter within the divisions jurisdiction. The bill would require the division, by January 1, 2018, to identify all active gas pipelines within sensitive areas. operators of active gas pipelines in sensitive areas, by January 1, 2018, to submit to the division maps identifying the location of those pipelines and other locational information, as provided. The bill would require the division to perform random periodic spot check inspections to ensure that the submitted maps are accurately reported.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
This bill would require a local health officer or his or her designee, if he or she is notified of a leak in an active gas pipeline within a sensitive area and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health officer or his or her designee to direct the responsible party to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health officer or his or her designee to provide a higher level of service to the public, this bill would impose a state-mandated local program.
This bill would require owners or operators of pipelines under the divisions jurisdiction, an owner or operator of an active gas pipeline in a sensitive area, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the divisions regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line is required to perform a mechanical integrity test on the pipeline, unless it is less than 10 years old.
This bill would require a mechanical integrity test every 2 years for all active gas pipelines of any diameter within sensitive areas, as defined. The bill would require the division, by January 1, 2018, to identify all active gas pipelines within sensitive areas.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
This bill would require a local health officer or his or her designee, if he or she is notified of a leak in an active gas pipeline within a sensitive area and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health officer or his or her designee to direct the responsible party to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health officer or his or her designee to provide a higher level of service to the public, this bill would impose a state-mandated local program.
This bill would require owners or operators of pipelines under the divisions jurisdiction, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the divisions regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line is required to perform a mechanical integrity test on the pipeline, unless it is less than 10 years old.
This bill would require a mechanical integrity test every 2 years for all active gas pipelines of any diameter that are identified by the division as environmentally sensitive. within sensitive areas, as defined. The bill would require the division, by January 1, 2018, to identify all active gas pipelines that are environmentally sensitive. within sensitive areas.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
This bill would require a local health officer or his or her designee, if he or she is notified of a leak in a an active gas pipeline regulated by the division within a sensitive area and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health officer or his or her designee to direct the responsible party to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health officer or his or her designee to provide a higher level of service to the public, this bill would impose a state-mandated local program.
This bill would require owners or operators of pipelines under the divisions jurisdiction, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the divisions regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line is required to perform a mechanical integrity test on the pipeline, unless it is less than 10 years old.
This bill would require the division to prioritize the identification and testing of those pipelines that are near sensitive areas.
This bill would require a mechanical integrity test every 2 years for all active gas pipelines of any diameter that are identified by the division as environmentally sensitive. The bill would require the division, by January 1, 2018, to identify all gas pipelines that are environmentally sensitive.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
This bill would require a local health officer or his or her designee, if he or she is notified of a leak in a pipeline regulated by the division and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health officer or his or her designee to direct the responsible party to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health officer or his or her designee to provide a higher level of service to the public, this bill would impose a state-mandated local program.
This bill would require owners or operators of pipelines under the divisions jurisdiction, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal.
This bill would require the division to prioritize the identification and testing of those pipelines that are near sensitive areas.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health . health.
This bill would require a local health department, officer or his or her designee, if he or she is notified of a leak in a pipeline regulated by the division, division and makes certain determinations, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health department officer or his or her designee to direct the responsible party to notify residents affected by the leak if it he or she determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health department officer or his or her designee to provide a higher level of service to the public, this 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
This bill would require operators of pipelines under the divisions jurisdiction, upon discovery of a leak from the pipeline, to notify the division and the appropriate local health officer or his or her designee of the leak. Because a violation of this requirement would be a crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Division of Oil, Gas, and Geothermal Resources to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal.
This bill would require the division to prioritize the identification and testing of those pipelines that are near sensitive areas.
Existing law establishes local health departments, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health .
This bill would require a local health department, if notified of a leak in a pipeline regulated by the division, to take certain actions related to the leak, working collaboratively with the division and the owner or operator of that pipeline. The bill would require the local public health department to notify residents affected by the leak if it determines that the leak poses a serious threat to public health and safety. Because the bill would require a local health department to provide a higher level of service to the public, this 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires every underground storage tank installed on or after July 1, 2004, to meet certain requirements.
This bill would make nonsubstantive changes to that provision.
Existing law requires every underground storage tank installed on or after July 1, 2004, to meet certain requirements.
This bill would make nonsubstantive changes to that provision.
The Legislature finds and declares all of the following:
(a)In March 2014, a gas leak was detected beneath the community of Arvin, California. Families were evacuated from their homes and unable to return for several months.
(b)Existing regulations for the regular testing and evaluation of smaller diameter pipelines like the one that leaked in Arvin, California were insufficient to protect that community from a serious gas leak.
(c)In view of the Arvin, California leak, the Division of Oil, Gas, and Geothermal Resources should review and reassess its existing regulations for active gas pipelines that are four inches or less in diameter and update its regulations to ensure the integrity of those active gas pipelines and to prevent, as far as possible, damage to life, health, property, and natural resources.
(d)Given its jurisdiction and expertise, the Division of Oil, Gas, and Geothermal Resources has the authority to determine the appropriate methods for assessing the integrity of active gas pipelines.
SEC. 2.Section 101042 is added to the Health and Safety Code, to read:101042.(a)If the local health officer or his or her designee is notified of a leak in an active gas pipeline, that is within the jurisdiction of the Division of Oil, Gas, and Geothermal Resources and within a sensitive area, pursuant to Section 3270.6 of the Public Resources Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and that the response to the leak has been inadequate to protect the public health or safety, the local health officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
(1)Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2)Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or his or her designee so determines.
(b)If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
(c)The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section.
(d)Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance.
SEC. 3.Section 3270.5 is added to the Public Resources Code, to read:3270.5.(a)(1)By January 1, 2018, the division shall review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are four inches or less in diameter, located in sensitive areas, and 10 years old or older. The division shall make a written finding of its review and evaluation of these pipelines.
(2)In its review and evaluation, the division shall consider existing pipeline integrity, pipeline leak detection, and other pipeline assessment requirements imposed by other regulators to determine which of these forms of assessment meet the divisions needs.
(3)The regulations shall ensure the integrity and operation of these active gas pipelines pursuant to Sections 3106 and 3270.
(b)(1)By January 1, 2018, an operator of an active gas pipeline in a sensitive area shall submit to the division, as part of compliance with pipeline management plan requirements pursuant to Section 1774.2 of Title 14 of the California Code of Regulations, an up-to-date and accurate map identifying the location of the pipeline and other up-to-date and accurate locational information of the pipeline as determined and in a format specified by the division.
(2)The division shall perform random periodic spot check inspections to ensure that the information submitted pursuant to paragraph (1) is accurately reported.
(3)The division shall maintain a list of active gas pipelines in sensitive areas.
(c)For purposes of this section, the following terms are defined as follows:
(1)Active gas pipeline means an inservice gas pipeline regardless of diameter that is within the divisions jurisdiction.
(2)Sensitive area means any of the following:
(A)An area containing a building intended for human occupancy, such as a residence, school, hospital, or business, that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline.
(B)An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline.
(C)An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks.
(d)This section does not affect or limit the authority of the supervisor pursuant to Section 3106, 3270, or any other section of this code, or any regulation implementing those sections.
SEC. 4.Section 3270.6 is added to the Public Resources Code, to read:3270.6.Upon the discovery of a leak from an active gas pipeline that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)In March 2014, a gas leak was detected beneath the community of Arvin, California. Families were evacuated from their homes and unable to return for several months.
(b)Existing regulations for the regular testing and evaluation of smaller diameter pipelines like the one that leaked in Arvin, California were insufficient to protect that community from a serious gas leak.
(c)In view of the Arvin, California leak, the Division of Oil, Gas, and Geothermal Resources should review and reassess its existing regulations for active gas pipelines that are four inches or less in diameter and update its regulations to ensure the integrity of those active gas pipelines and to prevent, as far as possible, damage to life, health, property, and natural resources.
(d)Given its jurisdiction and expertise, the Division of Oil, Gas, and Geothermal Resources has the authority to determine the appropriate methods for assessing the integrity of active gas pipelines.
SEC. 2.Section 101042 is added to the Health and Safety Code, to read:101042.(a)If the local health officer or his or her designee is notified of a leak in an active gas pipeline, that is within the jurisdiction of the Division of Oil, Gas, and Geothermal Resources and within a sensitive area, pursuant to Section 3270.6 of the Public Resources Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and that the response to the leak has been inadequate to protect the public health or safety, the local health officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
(1)Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2)Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or his or her designee so determines.
(b)If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
(c)The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section.
(d)Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance.
SEC. 3.Section 3270.5 is added to the Public Resources Code, to read:3270.5.(a)(1)By January 1, 2018, the division shall review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are four inches or less in diameter, located in sensitive areas, and 10 years old or older. The division shall make a written finding of its review and evaluation of these pipelines.
(2)In its review and evaluation, the division shall consider existing pipeline integrity, pipeline leak detection, and other pipeline assessment requirements imposed by other regulators to determine which of these forms of assessment meet the divisions needs.
(3)The regulations shall ensure the integrity and operation of these active gas pipelines pursuant to Sections 3106 and 3270.
(b)(1)By January 1, 2018, an operator of an active gas pipeline in a sensitive area shall submit to the division, as part of compliance with pipeline management plan requirements pursuant to Section 1774.2 of Title 14 of the California Code of Regulations, an up-to-date and accurate map identifying the location of the pipeline and other up-to-date and accurate locational information of the pipeline as determined and in a format specified by the division.
(2)The division shall perform random periodic spot check inspections to ensure that the information submitted pursuant to paragraph (1) is accurately reported.
(3)The division shall maintain a list of active gas pipelines in sensitive areas.
(c)For purposes of this section, the following terms are defined as follows:
(1)Active gas pipeline means an inservice gas pipeline regardless of diameter that is within the divisions jurisdiction.
(2)Sensitive area means any of the following:
(A)An area containing a building intended for human occupancy, such as a residence, school, hospital, or business, that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline.
(B)An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline.
(C)An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks.
(d)This section does not affect or limit the authority of the supervisor pursuant to Section 3106, 3270, or any other section of this code, or any regulation implementing those sections.
SEC. 4.Section 3270.6 is added to the Public Resources Code, to read:3270.6.Upon the discovery of a leak from an active gas pipeline that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)In March 2014, a gas leak was detected beneath the community of Arvin, California. Families were evacuated from their homes and unable to return for several months.
(b)Existing regulations for the regular testing and evaluation of smaller diameter pipelines like the one that leaked in Arvin, California were insufficient to protect that community from a serious gas leak.
(c)In view of the Arvin, California leak, the Division of Oil, Gas, and Geothermal Resources should review and reassess its existing regulations for active gas pipelines that are four inches or less in diameter and update its regulations to ensure the integrity of those active gas pipelines and to prevent, as far as possible, damage to life, health, property, and natural resources.
(d)Given its jurisdiction and expertise, the Division of Oil, Gas, and Geothermal Resources has the authority to determine the appropriate methods for assessing the integrity of active gas pipelines.
SECTION 1.SEC. 2.Section 101042 is added to the Health and Safety Code, to read:101042.(a)If the local health officer or his or her designee is notified of a leak in an active gas pipeline, that is within the jurisdiction of the Division of Oil, Gas, and Geothermal Resources and within a sensitive area, pursuant to Section 3270.6 of the Public Resources Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and that the response to the leak has been inadequate to protect the public health or safety, the local health officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
(1)Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2)Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or his or her designee so determines.
(b)If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
(c)The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section.
(d)Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance.
SEC. 2.SEC. 3.Section 3270.5 is added to the Public Resources Code, to read:3270.5.(a)(1)Commencing By January 1, 2018, the division shall require a mechanical integrity test, as described in subdivision (e) of Section 1774.1 of Title 14 of the California Code of Regulations, or any successor regulation, every two years for review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are four inches or less in diameter, located in sensitive areas that are areas, and 10 years old or older. The division shall make a written finding of its review and evaluation of these pipelines.
(2)The division shall maintain a list of active gas pipelines in sensitive areas.
(2)In its review and evaluation, the division shall consider existing pipeline integrity, pipeline leak detection, and other pipeline assessment requirements imposed by other regulators to determine which of these forms of assessment meet the divisions needs.
(3)The regulations shall ensure the integrity and operation of these active gas pipelines pursuant to Sections 3106 and 3270.
(b)(1)By January 1, 2018, an operator of an active gas pipeline in a sensitive area shall submit to the division, as part of compliance with pipeline management plan requirements pursuant to Section 1774.2 of Title 14 of the California Code of Regulations, an up-to-date and accurate map identifying the location of the pipeline and other up-to-date and accurate locational information of the pipeline as determined and in a format specified by the division.
(2)The division shall perform random periodic spot check inspections to ensure that the information submitted pursuant to paragraph (1) is accurately reported.
(3)The division shall maintain a list of active gas pipelines in sensitive areas.
(c)For purposes of this section, the following terms are defined as follows:
(1)Active gas pipeline means an inservice gas pipeline regardless of diameter that is within the divisions jurisdiction.
(2)Sensitive area means any of the following:
(A)An area containing a building intended for human occupancy, such as a residence, school, hospital, or business, that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline.
(B)An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline.
(C)An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks.
(d)(1)On a case-by-case basis, the supervisor, at his or her discretion or upon the request of an operator, may allow testing performed to satisfy the requirements of other regulatory entities to satisfy the requirements of mechanical integrity testing pursuant to subdivision (a).
(2)The supervisor shall make a written finding of his or her decision pursuant to this subdivision.
(3)For purposes of paragraph (1), the testing requirements of the other regulatory entities must meet or exceed the testing requirements pursuant to subdivision (a).
(e)
(d)This section does not affect or limit the authority of the supervisor pursuant to Section 3106, 3270, or any other section of the Public Resources Code. this code, or any regulation implementing those sections.
SEC. 3.SEC. 4.Section 3270.6 is added to the Public Resources Code, to read:3270.6.Upon the discovery of a leak from an active gas pipeline that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located.
SEC. 4.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If the local health officer or his or her designee is notified of a leak in an active gas pipeline pipeline, that is within the jurisdiction of the Division of Oil, Gas, and Geothermal Resources and within a sensitive area area, pursuant to Section 3270.6 of the Public Resources Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and that the response to the leak has been inadequate to protect the public health or safety, the local health officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
(1)Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2)Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or his or her designee so determines.
(b)If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
(c)The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section.
(d)Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance.
SEC. 2.Section 3270.5 is added to the Public Resources Code, to read:3270.5.(a)The (1)Commencing January 1, 2018, the division shall require a mechanical integrity test, as described in subdivision (e) of Section 1774.1 of Title 14 of the California Code of Regulations, or any successor regulation, every two years for all active gas pipelines of any diameter within sensitive areas. in sensitive areas that are 10 years old or older.
(2)The division shall maintain a list of active gas pipelines in sensitive areas.
(b)By January 1, 2018, the division shall identify all active gas pipelines of any diameter subject to this section.
(b)(1)By January 1, 2018, an operator of an active gas pipeline in a sensitive area shall submit to the division, as part of compliance with pipeline management plan requirements pursuant to Section 1774.2 of Title 14 of the California Code of Regulations, an up-to-date and accurate map identifying the location of the pipeline and other up-to-date and accurate locational information of the pipeline as determined and in a format specified by the division.
(2)The division shall perform random periodic spot check inspections to ensure that the information submitted pursuant to paragraph (1) is accurately reported.
(c)For purposes of this section, sensitive the following terms are defined as follows:
(1)Active gas pipeline means an inservice gas pipeline regardless of diameter that is within the divisions jurisdiction.
(2)Sensitive area means any of the following:
(1)
(A)An area containing a building intended for human occupancy, such as a residence, school, hospital, or business, that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline.
(2)
(B)An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline.
(3)
(C)An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks.
(d)(1)On a case-by-case basis, the supervisor, at his or her discretion or upon the request of an operator, may allow testing performed to satisfy the requirements of other regulatory entities to satisfy the requirements of mechanical integrity testing pursuant to subdivision (a).
(2)The supervisor shall make a written finding of his or her decision pursuant to this subdivision.
(3)For purposes of paragraph (1), the testing requirements of the other regulatory entities must meet or exceed the testing requirements pursuant to subdivision (a).
(e)This section does not affect or limit the authority of the supervisor pursuant to Section 3106, 3270, or any other section of the Public Resources Code.
SEC. 3.Section 3270.6 is added to the Public Resources Code, to read:3270.6.Upon the discovery of a leak from an active gas pipeline under the jurisdiction of the division that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If the local health officer or his or her designee is notified of a leak in an active gas pipeline within a sensitive area pursuant to Section 3270.6 of the Public Resources Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and that the response to the leak has been inadequate to protect the public health or safety, the local health officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
(1)Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2)Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if it the local health officer or his or her designee so determines.
(b)If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
(c)The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section.
(d)Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance.
SEC. 2.Section 3270.5 is added to the Public Resources Code, to read:3270.5.(a)The division shall require a mechanical integrity test, as described in subdivision (e) of Section 1774.1 of Title 14 of the California Code of Regulations, or any successor regulation, every two years for all active gas pipelines of any diameter within sensitive areas.
(b)By January 1, 2018, the division shall identify all active gas pipelines of any diameter subject to this section.
(c)For purposes of this section, sensitive area means any of the following:
(1)An area containing a building intended for human occupancy, such as a residence, school, hospital, or business, that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline.
(2)An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline.
(3)An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks.
SEC. 3.Section 3270.6 is added to the Public Resources Code, to read:3270.6.Upon the discovery of a leak from an active gas pipeline under the jurisdiction of the division that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If the local health officer or his or her designee is notified of a leak in a an active gas pipeline that is regulated by the Division of Oil, Gas, and Geothermal Resources pursuant to Article 4.4 (commencing with Section 3270) of Chapter 1 of Division 3 within a sensitive area pursuant to Section 3270.6 of the Public Resources Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and the response to the leak has been inadequate to protect the public health or safety, the local health officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
(1)Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2)Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and provide assistance assistance, including temporary relocation, to those residents if it so determines.
(b)If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
(c)The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section.
SEC. 2.Section 3270.5 is added to the Public Resources Code, to read:3270.5.(a)The division shall require a mechanical integrity test, as described in subdivision (e) of Section 1774.1 of Title 14 of the California Code of Regulations, or any successor regulation, every two years for all active gas pipelines of any diameter that are environmentally sensitive, as defined in Section 1760 of Title 14 of the California Code of Regulations, or any successor regulation. within sensitive areas.
(b)By January 1, 2018, the division shall identify all active gas pipelines of any diameter subject to this section.
(c)For purposes of this section, sensitive area means any of the following:
(1)An area containing a building intended for human occupancy, such as a residence, school, hospital, or business, that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline.
(2)An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline.
(3)An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks.
SEC. 3.Section 3270.6 is added to the Public Resources Code, to read:3270.6.Upon the discovery of a leak from a an active gas pipeline under the jurisdiction of the division, division that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If the local health officer or his or her designee is notified of a leak in a pipeline that is regulated by the Division of Oil, Gas, and Geothermal Resources pursuant to Article 4.4 (commencing with Section 3270) of Chapter 1 of Division 3 of the Public Resources Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and the response to the leak has been inadequate to protect the public health or safety, the local health officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
(1)Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2)Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and provide assistance to those residents if it so determines.
(b)If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
SEC. 2.Section 3270.5 is added to the Public Resources Code, to read:3270.5.The division shall prioritize the identification and testing of all pipelines under its jurisdiction that are near sensitive areas, such as residential areas and schools.
3270.5.(a)The division shall require a mechanical integrity test, as described in subdivision (e) of Section 1774.1 of Title 14 of the California Code of Regulations, or any successor regulation, every two years for all active gas pipelines of any diameter that are environmentally sensitive, as defined in Section 1760 of Title 14 of the California Code of Regulations, or any successor regulation.
(b)By January 1, 2018, the division shall identify all active gas pipelines of any diameter subject to this section.
SEC. 3.Section 3270.6 is added to the Public Resources Code, to read:3270.6.Upon the discovery of a leak from a pipeline under the jurisdiction of the division, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If the local health department officer or his or her designee is notified of a leak in a pipeline that is regulated by the Division of Oil, Gas, and Geothermal Resources pursuant to Article 4.4 (commencing with Section 3270) of Chapter 1 of Division 3 of the Public Resources Code, Code and the local health officer or his or her designee determines that the leak poses a risk to public health or safety and the response to the leak has been inadequate to protect the public health or safety, the local health department officer or his or her designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
(1)Test Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2)Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and provide assistance to those residents if it so determines.
(b)If the local health department officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the department shall local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
SEC. 2.Section 3270.5 is added to the Public Resources Code, to read:3270.5.The division shall prioritize the identification and testing of all pipelines regulated pursuant to this article under its jurisdiction that are near sensitive areas, such as residential areas and schools.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.Section 3270.6 is added to the Public Resources Code, to read:3270.6.Upon the discovery of a leak from a pipeline under the jurisdiction of the division, the operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If the local health department is notified of a leak in a pipeline that is regulated by the Division of Oil, Gas, and Geothermal Resources pursuant to Article 4.4 (commencing with Section 3270) of Chapter 1 of Division 3 of the Public Resources Code, the local health department shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
(1)Test the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2)Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and provide assistance to those residents if it so determines.
(b)If the local health department determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the department shall notify all residents affected by the leak.
SEC. 2.Section 3270.5 is added to the Public Resources Code, to read:3270.5.The division shall prioritize the identification and testing of pipelines regulated pursuant to this article that are near sensitive areas, such as residential areas and schools.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 25290.1 of the Health and Safety Code is amended to read:25290.1.(a)Notwithstanding subdivision (o) of Section 25281, for purposes of this section, product tight means impervious to the liquid and vapor of the substance that is contained, or is to be contained, so as to prevent the seepage of the substance from the containment.
(b)Notwithstanding Sections 25290.2 and 25291, every underground storage tank installed on or after July 1, 2004, shall meet the requirements of this section.
(c)The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards:
(1)Primary containment shall be constructed, operated, and maintained product tight and compatible with the stored product.
(2)Secondary containment shall be constructed, operated, and maintained product tight. The secondary containment shall also be constructed, operated, and maintained in a manner to prevent structural weakening as a result of contact with any hazardous substances released from the primary containment, and shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.
(3)Secondary containment shall be constructed, operated, and maintained to prevent any water intrusion into the system by precipitation, infiltration, or surface runoff.
(4)In the case of an installation with one primary tank, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank.
(5)In the case of multiple primary tanks, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater.
(d)The underground tank system shall be designed and constructed with a continuous monitoring system capable of detecting the entry of the liquid- or vapor-phase of the hazardous substance stored in the primary containment into the secondary containment and capable of detecting water intrusion into the secondary containment.
(e)The interstitial space of the underground storage tank shall be maintained under constant vacuum or pressure such that a breach in the primary or secondary containment is detected before the liquid or vapor phase of the hazardous substance stored in the underground storage tank is released into the environment. The use of interstitial liquid level measurement methods satisfies the requirements of this subdivision.
(f)The underground storage tank shall be provided with equipment to prevent spills and overfills from the primary tank.
(g)If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing.
(h)Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector.
(i)Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing requirements for underground storage systems specified in Section 2.4 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30), as amended and published in the respective edition of the Uniform Fire Code, shall be followed.
(j)Before the underground storage tank is placed in use, the underground storage tank shall be tested after installation using one of the following methods to demonstrate that the tank is product tight:
(1)Enhanced leak detection.
(2)An inert gas pressure test that has been certified by a third party and approved by the board.
(3)A test method deemed equivalent to enhanced leak detection or an inert gas pressure test by the board in regulations adopted pursuant to this chapter. An underground storage tank installed and tested in accordance with this subdivision shall be exempt from the requirements of Section 25292.5.
(k)Notwithstanding Section 25281.5, for any system installed to meet the requirements of this section, those portions of vent lines, vapor recovery lines, and fill pipes that are beneath the surface of the ground shall be considered pipe as that term is defined in subdivision (m) of Section 25281, and therefore part of the underground storage tank system.
(a)Notwithstanding subdivision (o) of Section 25281, for purposes of this section, product tight means impervious to the liquid and vapor of the substance that is contained, or is to be contained, so as to prevent the seepage of the substance from the containment.
(b)Notwithstanding Sections 25290.2 and 25291, every underground storage tank installed on or after July 1, 2004, shall meet the requirements of this section.
(c)The underground storage tank shall be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in it in accordance with the following performance standards:
(1)Primary containment shall be constructed, operated, and maintained product tight and compatible with the stored product.
(2)Secondary containment shall be constructed, operated, and maintained product tight. The secondary containment shall also be constructed, operated, and maintained in a manner to prevent structural weakening as a result of contact with any hazardous substances released from the primary containment, and also shall be capable of storing the hazardous substances for the maximum anticipated period of time necessary for the recovery of any released hazardous substance.
(3)Secondary containment shall be constructed, operated, and maintained to prevent any water intrusion into the system by precipitation, infiltration, or surface runoff.
(4)In the case of an installation with one primary tank, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank.
(5)In the case of multiple primary tanks, the secondary containment shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater.
(d)The underground tank system shall be designed and constructed with a continuous monitoring system capable of detecting the entry of the liquid- or vapor-phase of the hazardous substance stored in the primary containment into the secondary containment and capable of detecting water intrusion into the secondary containment.
(e)The interstitial space of the underground storage tank shall be maintained under constant vacuum or pressure such that a breach in the primary or secondary containment is detected before the liquid or vapor phase of the hazardous substance stored in the underground storage tank is released into the environment. The use of interstitial liquid level measurement methods satisfies the requirements of this subdivision.
(f)The underground storage tank shall be provided with equipment to prevent spills and overfills from the primary tank.
(g)If different substances are stored in the same tank and in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, those substances shall be separated in both the primary and secondary containment so as to avoid potential intermixing.
(h)Underground pressurized piping that conveys a hazardous substance shall be equipped with an automatic line leak detector.
(i)Before the underground storage tank is covered, enclosed, or placed in use, the standard installation testing requirements for underground storage systems specified in Section 2.4 of the Flammable and Combustible Liquids Code, adopted by the National Fire Protection Association (NFPA 30), as amended and published in the respective edition of the Uniform Fire Code, shall be followed.
(j)Before the underground storage tank is placed in use, the underground storage tank shall be tested after installation using one of the following methods to demonstrate that the tank is product tight:
(1)Enhanced leak detection.
(2)An inert gas pressure test that has been certified by a third party and approved by the board.
(3)A test method deemed equivalent to enhanced leak detection or an inert gas pressure test by the board in regulations adopted pursuant to this chapter. An underground storage tank installed and tested in accordance with this subdivision is shall be exempt from the requirements of Section 25292.5.
(k)Notwithstanding Section 25281.5, for any system installed to meet the requirements of this section, those portions of vent lines, vapor recovery lines, and fill pipes that are beneath the surface of the ground are shall be considered pipe as the that term is defined in subdivision (m) of Section 25281, and therefore part of the underground storage tank system.
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Date
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Status
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| Sep 9, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Jun 30, 2015 | Read second time and amended. Re-referred to Com. on E.Q. |
| Jul 6, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q. |
| Aug 17, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 15). |
| Aug 18, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Aug 24, 2015 | In committee: Referred to APPR. suspense file. |
| Aug 31, 2015 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27). |
| Sep 1, 2015 | Read second time and amended. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Jun 29, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on E.Q. (Ayes 9. Noes 0.) (June 23). |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2635.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3070.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Sep 18, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Oct 8, 2015 | Approved by the Governor. |
| Oct 8, 2015 | Chaptered by Secretary of State - Chapter 601, Statutes of 2015. |
| Apr 23, 2015 | Assembly Rule 56 suspended. (Page 1089.) |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
| Mar 2, 2015 | Read first time. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 26, 2015 | Referred to Coms. on NAT. RES. and E.S. & T.M. |
| Apr 6, 2015 | Re-referred to Com. on NAT. RES. |
| Apr 21, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Apr 22, 2015 | Re-referred to Com. on NAT. RES. |
| Apr 23, 2015 | (pending re-refer to Com. on E.S. & T.M.) |
| Apr 23, 2015 | Assembly Rule 56 suspended. |
| Feb 27, 2015 | Introduced. To print. |
| Apr 28, 2015 | From committee: Do pass and re-refer to Com. on E.S. & T.M. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 27). Re-referred to Com. on E.S. & T.M. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| May 13, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13). |
| May 14, 2015 | Read second time. Ordered to Consent Calendar. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1564.) |
| Jun 4, 2015 | Referred to Coms. on N.R. & W. and E.Q. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | AB 1420 SALAS Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 9, 2015 | Assembly 3rd Reading AB1420 Salas By Jackson | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 24, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 15, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| Jun 23, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Environmental Quality] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 22, 2015 | AB 1420 SALAS Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
|
| Apr 27, 2015 | Do pass and be re-referred to the Committee on [Environmental Safety and Toxic Materials] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Center on Race, Poverty & the Environment | ** Support | Sep 9, 2015 |
| Central California Environmental Justice Network | * Indeterminate | Jun 23, 2015 |
| City Of Arvin | ** Support | Sep 9, 2015 |
| Jose Gurrola, Mayor Pro Tem, City of Arvin | ** Support | Sep 9, 2015 |
| Sierra Club California | ** Support | Sep 9, 2015 |
AB 1420
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 1420
(Salas)
As Amended September 4, 2015
Majority vote
ASSEMBLY: |
74-0 |
(May 22, 2015) |
SENATE: |
40-0 |
(September 9, 2015) |
Original Committee Reference: NAT. RES.
SUMMARY: Requires a local health officer to take specified actions when there is a leak in a gas pipeline and requires the Division of Oil, Gas and Geothermal Resources (DOGGR) to review its gas pipeline regulations and update them, if needed.
The Senate amendments:
Require the responsibility party to be liable for the costs incurred by the local health officer or his or her designee implementing the requirements of this bill.
Specify that providing resident assistance and reimbursement for local health officer expenses does not relieve a responsible party from liability for damages.
Rather than requiring DOGGR to prioritize the identification and testing of all pipelines under its jurisdiction that are near sensitive areas, such as residential areas and schools, the amendments instead require DOGGR to review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are four inches or less in diameter, located in sensitive areas, and that are 10 years old or older.
EXISTING LAW:
Requires DOGGR to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal.
Requires minimum facility maintenance standards to include standards for leak detection.
Establishes local health departments under the purview of the local health officer. Prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
FISCAL EFFECT: According to the Senate Appropriations Committee, ongoing costs of less than $1 million to the Oil, Gas, and Geothermal Administrative Fund (special) for personnel and equipment necessary to identify all pipelines in sensitive areas and to perform required mechanical integrity tests as required.
COMMENTS: According to DOGGR's regulations governing pipeline testing, operators are required to visually inspect all aboveground pipelines for leaks and corrosion at least once a year. For underground urban pipelines that are older than 10 years, over 4 inches in diameter, and are in environmentally sensitive areas, testing every two years is required. A county board of supervisors, a city council, or a state agency may petition the Supervisor of DOGGR to include other pipelines as environmentally sensitive. DOGGR regulations also require an operator to promptly report significant gas leaks to the appropriate DOGGR district office.
When asked about its responsibility for the March 2014 Arvin gas leak, the Supervisor stated that DOGGR is responsible for the pipeline that leaked. However, the pipeline "is not subject to the periodic testing required of other, larger capacity line, or lines that carry liquid hydrocarbons."
The pipeline leak in Arvin was in an environmentally sensitive area, but the pipeline was less than four inches and therefore thousands of feet of pipeline have never been checked for leaks. DOGGR stated the last time the pipeline was inspected was August 8, 2011. This bill will require DOGGR to review its regulations to ensure the integrity and operation of all active gas pipelines that are four inches or less in diameter, located in sensitive areas, and that are 10 years old or older.
DOGGR first learned of the leak on March 12 from the City of Arvin, which had been working with Southern California Gas to determine the source of the gas. DOGGR's staff met with Petro Capital Resources (PCR) that same day and after further examination determined that the mapping of PCR's pipelines was incorrect and it was a PCR pipeline that was leaking. On March 13, PCR shut down the gas line. However, it was not until March 17 and 18 that testing revealed that there was a high level of flammable gas outside of homes. The county then issued a mandatory evacuation. This bill attempts to require local health officers and DOGGR to work collaboratively from first detection of a leak to protect and provide assistance to residents.
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0002347
AB 1420
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1420
Amended: 9/4/15 in Senate
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/23/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 7/15/15
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 74-0, 5/22/15 - See last page for vote
SUBJECT: Oil and gas: pipelines
DIGEST: This bill requires a local health officer to take specified actions when there is a leak in a gas pipeline and requires the Division of Oil, Gas and Geothermal Resources to review its gas pipeline regulations and update them, if needed.
Senate Floor Amendments of 9/4/15 require the Division of Oil, Gas and Geothermal Resources to review its regulations for certain small diameter active gas pipelines and update them, as appropriate.
Existing law:
Establishes the Division of Oil, Gas, and Geothermal Resources (division) in the Department of Conservation as the state’s oil and gas regulator.
Provides broad authority to the Oil and Gas Supervisor (supervisor) who leads the division.
Requires the supervisor to supervise the operation, maintenance, and removal or abandonment of tanks and facilities (including pipelines) related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as specified, among other requirements.
Requires the division to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines attendant to oil and gas production. These standards include standards for leak detection. Pipelines that are located within the lease areas of oil and gas fields, and are integrally associated with oil and gas production, are generally under the division’s jurisdiction.
Establishes local health departments, under the purview of the local health officer and prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statues relating to public health.
Existing division regulation:
Requires a spill contingency plan for an oil/gas production facility, as specified
Requires significant gas or water leaks, among other emergencies, as specified, to be reported to the appropriate division
Requires pipeline inspection and testing of pipelines meeting certain criteria as well as pipeline management plans supplied by the pipeline operator.
This bill requires a local health officer to take specified actions when there is a leak in a gas pipeline and requires the Division of Oil, Gas and Geothermal Resources to review its gas pipeline regulations and update them, if needed. Specifically, this bill:
Requires the operator of an active gas pipeline under the division’s jurisdiction to promptly notify the division and local health officer of a pipeline leak.
Requires a local health officer, in the event that an active gas pipeline leak poses a risk to public health and safety and the response to the leak has been inadequate to work collaboratively with the division and the operator of the pipeline, to:
Direct the responsible party to perform environmental testing in the contaminated area and disclose the results publicly, as specified, and
Use the test results to determine if a serious threat to public health and safety of the area’s residents exists, and, if so, require the responsible party to provide assistance to those residents.
Requires the health officer to direct the responsible party to notify all residents affected by the leak if the leak poses a serious threat to public health and safety.
Requires that the responsible party is liable for the costs incurred by the local health officer, as specified.
Specifies that certain payments by the responsible party do not relieve the responsible party of liability for damages and imposes other conditions, as specified, on the responsible party.
Requires the division review, evaluate and update, if appropriate, its regulations for certain active gas pipelines by January 1, 2018.
Requires the division to maintain a list of active gas pipelines in sensitive areas.
Requires operators of active gas pipelines in sensitive areas to provide to the division by January 1, 2018, an up-to-date and accurate map of these pipelines and certain other related information, as specified.
Requires the division to perform random spot checks of the information provided in (8) about the active gas pipelines.
Defines sensitive area to be an area:
with a building intended for human occupancy, such as a school, within 300 feet of an active gas pipeline,
where a leak from an active gas pipeline presents a significant potential threat to life, health, property or natural resources,
that contains a chronically-leaking active gas pipeline.
Provides that the supervisor’s existing authority remains unaltered.
Includes relevant legislative findings.
Background
In March 2014 after numerous delays, a gas leak from an underground waste gas flare pipeline a few blocks from the Arvin High School in Arvin was identified. The pipeline’s location was misidentified in existing maps. By the time the leak was identified, the leaking gas had saturated the soil and contaminated eight homes. Mandatory evacuations were ordered and approximately three dozen people were displaced. Explosive levels of flammable gases were measured inside the homes tested.
The evacuated families and neighbors are reported to have expressed considerable concern about the lack of information about the leak, the responsibilities of local and state government to address it, potential health problems and delays in notification. The mandatory evacuation was lifted in October 2014, and the evacuees moved back in December 2014. The owner of the leaking pipeline paid for the residents to stay elsewhere during spill remediation and paid for the remediation services.
The leaky pipeline was reported to be on the order of 40 years old, and after the leak was removed from service. This pipeline was apparently last inspected on August 8, 2011. There are reported to be thousands of feet of similarly aging pipelines in Kern County whose location may, in some instances, be uncertain and that may also be inspected infrequently. Kern County, where Arvin is located, is the location of most of the state’s oil and gas production.
Comments
This bill responds to the Arvin gas leak. The type of pipeline responsible for the leak in Arvin is not necessarily required to be inspected on a fixed schedule under existing division regulations.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, the fiscal impact (to a previous version of the bill) is:
Ongoing costs of less than $1 million to the Oil, Gas, and Geothermal Administrative Fund (special) for personnel and equipment necessary to identify all pipelines in sensitive areas and to perform required mechanical integrity tests as required.
City of Arvin
Center on Race, Poverty & the Environment
Jose Gurrola, Mayor Pro Tem, City of Arvin
Sierra Club California
OPPOSITION: (Verified 8/28/15)
None received
ARGUMENTS IN SUPPORT: According to the author, “[a]s the [oil] industry continues to be a fixture in California, the safety of workers, communities and the environment should remain a top priority. Despite precautions taken, incidents occur in which immediate action is needed to protect the health, safety, and environment of nearby communities.”
“In early 2014, a gas leak was detected beneath the community of Arvin, California. A total of 8 families were evacuated from their homes and unable to return for several months. Affected residents claimed to have smelled gas, and complained of nosebleeds, headaches, coughing and dizziness. Once the leak was detected, affected residents were unclear where to get resources and information. This incident demonstrated a lack of clarity in the law regarding the role of all involved entities.”
“Assembly Bill 1420 would require operators of a leak[ing] pipeline to notify local health officials. If it is determined that the leak poses a risk to public health and safety then the local health official will be required to work collaboratively with [the division] and the owner and/or operator the pipeline.”
The Center on Race, Poverty & the Environment wrote, “[t]hough residents took their own air samples, the results of the “official” air testing were never disclosed to residents. The evacuated residents are now back home, but the leak and the subsequent eight-month forced relocation has taken a heavy financial, emotional, and health toll on the families.”
The Center continues, “AB 1420 will provide local agencies with the authority they need to quickly respond to leaks in order to protect residents’ health, ensures that residents are informed about the risks they face if a leak occurs nearby, and provides for reimbursements to residents for costs associated with a pipeline leak, including relocation costs.”
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
9/8/15 16:24:58
**** END ****
AB 1420
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1420
Amended: 9/1/15 in Senate
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/23/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 7/15/15
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 74-0, 5/22/15 - See last page for vote
SUBJECT: Oil and gas: pipelines
DIGEST: This bill requires a local health officer to take specified actions when there is a leak in a gas pipeline and requires mechanical integrity tests of gas pipelines more than 10 years old in sensitive areas every two years.
Existing law:
Establishes the Division of Oil, Gas, and Geothermal Resources (division) in the Department of Conservation as the state’s oil and gas regulator.
Provides broad authority to the Oil and Gas Supervisor (supervisor) who leads the division.
Requires the supervisor to supervise the operation, maintenance, and removal or abandonment of tanks and facilities (including pipelines) related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as specified, among other requirements.
Requires the division to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines attendant to oil and gas production. These standards include standards for leak detection. Pipelines that are located within the lease areas of oil and gas fields, and are integrally associated with oil and gas production, are generally under the division’s jurisdiction.
Establishes local health departments, under the purview of the local health officer and prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statues relating to public health.
Existing division regulation:
Requires a spill contingency plan for an oil/gas production facility, as specified
Requires significant gas or water leaks, among other emergencies, as specified, to be reported to the appropriate division
Requires pipeline inspection and testing of pipelines meeting certain criteria as well as pipeline management plans supplied by the pipeline operator.
This bill requires a local health officer to take specified actions when there is a leak in an active gas pipeline and requires mechanical integrity tests of gas pipelines more than 10 years old in sensitive areas every two years. Specifically, this bill:
Requires the operator of an active gas pipeline under the division’s jurisdiction to promptly notify the division and local health officer of a pipeline leak.
Requires a local health officer, in the event that an active gas pipeline leak poses a risk to public health and safety and the response to the leak has been inadequate to work collaboratively with the division and the operator of the pipeline, to:
Direct the responsible party to perform environmental testing in the contaminated area and disclose the results publicly, as specified, and
Use the test results to determine if a serious threat to public health and safety of the area’s residents exists, and, if so, require the responsible party to provide assistance to those residents.
Requires the health officer to direct the responsible party to notify all residents affected by the leak if the leak poses a serious threat to public health and safety.
Requires that the responsible party is liable for the costs incurred by the local health officer, as specified.
Specifies that certain payments by the responsible party do not relieve the responsible party of liability for damages and imposes other conditions, as specified, on the responsible party.
Establishes a mechanical integrity testing requirement, as specified, every two years by the division starting January 1, 2018 of active gas pipelines that are 10 years of age or older and located in sensitive areas.
Requires the division to maintain a list of active gas pipelines in sensitive areas.
Requires operators of active gas pipelines in sensitive areas to provide to the division by January 1, 2018, an up-to-date and accurate map of these pipelines and certain other related information, as specified.
Requires the division to perform random spot checks of the information provided in (8) about the active gas pipelines.
Defines sensitive area to be an area:
with a building intended for human occupancy, such as a school, within 300 feet of an active gas pipeline,
where a leak from an active gas pipeline presents a significant potential threat to life, health, property or natural resources,
that contains a chronically-leaking active gas pipeline.
Allows the supervisor to accept tests imposed by other regulators that meet or exceed the division’s requirements to satisfy the mechanical integrity testing requirements of this bill, as specified.
Provides that the supervisor’s existing authority remains unaltered.
Background
In March 2014 after numerous delays, a gas leak from an underground waste gas flare pipeline a few blocks from the Arvin High School in Arvin was identified. The pipeline’s location was misidentified in existing maps. By the time the leak was identified, the leaking gas had saturated the soil and contaminated eight homes. Mandatory evacuations were ordered and approximately three dozen people were displaced. Explosive levels of flammable gases were measured inside the homes tested.
The evacuated families and neighbors are reported to have expressed considerable concern about the lack of information about the leak, the responsibilities of local and state government to address it, potential health problems and delays in notification. The mandatory evacuation was lifted in October 2014, and the evacuees moved back in December 2014. The owner of the leaking pipeline paid for the residents to stay elsewhere during spill remediation and paid for the remediation services.
The leaky pipeline was reported to be on the order of 40 years old, and after the leak was removed from service. This pipeline was apparently last inspected on August 8, 2011. There are reported to be thousands of feet of similarly aging pipelines in Kern County whose location may, in some instances, be uncertain and that may also be inspected infrequently. Kern County, where Arvin is located, is the location of most of the state’s oil and gas production.
Comments
This bill responds to the Arvin gas leak. The type of pipeline responsible for the leak in Arvin is not required to be inspected on any regular specific schedule under current law or regulation.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, the fiscal impact is:
Ongoing costs of less than $1 million to the Oil, Gas, and Geothermal Administrative Fund (special) for personnel and equipment necessary to identify all pipelines in sensitive areas and to perform required mechanical integrity tests as required.
City of Arvin
Center on Race, Poverty & the Environment
Jose Gurrola, Mayor Pro Tem, City of Arvin
Sierra Club California
OPPOSITION: (Verified 8/28/15)
None received
ARGUMENTS IN SUPPORT: According to the author, “[a]s the [oil] industry continues to be a fixture in California, the safety of workers, communities and the environment should remain a top priority. Despite precautions taken, incidents occur in which immediate action is needed to protect the health, safety, and environment of nearby communities.”
“In early 2014, a gas leak was detected beneath the community of Arvin, California. A total of 8 families were evacuated from their homes and unable to return for several months. Affected residents claimed to have smelled gas, and complained of nosebleeds, headaches, coughing and dizziness. Once the leak was detected, affected residents were unclear where to get resources and information. This incident demonstrated a lack of clarity in the law regarding the role of all involved entities.”
“Assembly Bill 1420 would require operators of a leak[ing] pipeline to notify local health officials. If it is determined that the leak poses a risk to public health and safety then the local health official will be required to work collaboratively with [the division] and the owner and/or operator the pipeline. […] The bill will also require [the division] to prioritize the identification and testing of pipelines in their jurisdiction that are near sensitive areas, such as residential neighborhoods and schools.”
The Center on Race, Poverty & the Environment wrote, “[t]hough residents took their own air samples, the results of the “official” air testing were never disclosed to residents. The evacuated residents are now back home, but the leak and the subsequent eight-month forced relocation has taken a heavy financial, emotional, and health toll on the families.”
The Center continues, “AB 1420 will provide local agencies with the authority they need to quickly respond to leaks in order to protect residents’ health, ensures that residents are informed about the risks they face if a leak occurs nearby, and provides for reimbursements to residents for costs associated with a pipeline leak, including relocation costs.”
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
9/1/15 20:25:14
**** END ****
AB 1420 (Salas) Page 0 of 1
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1420 (Salas) - Oil and gas: pipelines.
|
|
Version: August 18, 2015 |
Policy Vote: N.R. & W. 9 - 0, E.Q. 7 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 27, 2015 |
Consultant: Marie Liu |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 1420 would require a local health officer to take specified actions when there is a leak in a gas pipeline and would require mechanical integrity tests of gas pipelines more than 10 years old in sensitive areas every two years.
Fiscal Impact:
Ongoing costs of less than $1 million to the Oil, Gas, and Geothermal Administrative Fund (special) for personnel and equipment necessary to identify all pipelines in sensitive areas and to perform required mechanical integrity tests as required.
Author Amendments:
Require that mechanical integrity tests requirements commence in 2018
Require that operators of an active gas pipeline in a sensitive area submit a map of subject pipes to the Division of Oil, Gas, and Geothermal Resources
Allow for testing performed for other regulatory entities to be used to satisfy these requirements upon approval by the supervisor
-- END --
AB 1420 (Salas) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1420 (Salas) - Oil and gas: pipelines.
|
|
Version: July 6, 2015 |
Policy Vote: N.R. & W. 9 - 0, E.Q. 7 - 0 |
Urgency: No |
Mandate: Yes (see staff comment) |
Hearing Date: August 24, 2015 |
Consultant: Marie Liu |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1420 would require a local health officer to take specified actions when there is a leak in a gas pipeline and would require mechanical integrity tests of gas pipelines in sensitive areas every two years.
Fiscal Impact:
First year costs of $3.4 million and ongoing costs of $2.9 million to the Oil, Gas, and Geothermal Administrative Fund (special) for personnel and equipment necessary to identify all pipelines in sensitive areas and to perform required mechanical integrity tests as required. These costs are likely to necessitate an increase in the fee that provides revenues to the fund.
Background:
Existing law establishes the Division of Oil, Gas, and Geothermal Resources (DOGGR) within the Department of Conservation as the state’s oil and gas regulator. The Oil and Gas Supervisor is the lead of the division and has broad authority to supervise the operation, maintenance, and removal or abandonment of tanks and facilities, including pipelines, related to oil and gas production within an oil and gas field to prevent damage to life, health, property, and natural resources. (PRC §3106) The division is required to prescribe minimum facility maintenance standards for oil and gas production facilities including pipelines that are not under the jurisdiction of the State Fire Marshal (PRC §3270), including for leak detection.
Proposed Law:
This bill would require a local health officer to take the following actions if it determines that there is a leak in a gas pipeline within a sensitive area and the response by the owner or operator of the pipeline has been inadequate:
Direct the responsible party to test the soil, air, and water in the affected area for contamination
Determine whether the leak poses a serious threat to public health and safety of the residents
Direct the responsibly party to notify all residents affected by the leak if there is a serious threat to public health and safety.
The responsible party would be liable for all costs incurred by the local health officer.
This bill would require the owner or operator of a pipeline to notify DOGGR and the local health officer of a leak discovered from an active gas pipeline.
This bill would direct DOGGR to require a mechanical integrity test of all active gas pipelines of any diameter within sensitive areas every two years. By January 1, 2018, DOGGR would be responsible for identifying all active gas pipelines subject to this requirement.
For the purposes of this bill, a “sensitive area” is an area with buildings intended for human occupancy within 300 feet of an active gas pipeline that are not necessary to the operation of the pipeline; an area determined by the supervisor to present significant threat to life, health, property, or natural resources; or an area determined by the supervisor to have a history of chronic leaks
Staff Comments:
This bill would require a significant new workload for DOGGR to identify all pipelines in sensitive areas and to oversee mechanical integrity tests of such pipelines every two years. Specifically, DOGGR estimates needing 10 technicians to verify the accuracy and completeness of operator-submitted pipeline locations and three engineer positions to analyze operational history of pipelines to help identify sensitive areas. These positions would also be responsible for witnessing pipeline testing activity. Additional positions would be needed for compliance and enforcement, management of data, and provide general support for the program. In total, DOGGR estimates that it would need 22 staff at an ongoing cost of $2.85 million. There would also be anticipated one-time costs of $570,000 for equipment, including vehicles.
DOGGR notes that there are insufficient funds in the Oil, Gas, and Geothermal Administration Fund to support these additional activities. As such it anticipates needing to raise industry fees by 1.75 cents per barrel.
Staff notes that there is an incorrect reference in Section 1 of the bill. The reference in §101042(a) should be to §3270.5 instead of §3270.6.
There are two local mandates created by this bill- the first is the creation of a crime. However, under the California Constitution, costs associated with this mandate are not reimbursable. The other mandate created in this bill is the requirement for the local health officer to take specific actions in the event of a gas leak. But as the bill specifies that the responsible party is liable for the costs incurred by the local health officer, this mandate is not likely to be reimbursable.
-- END --
AB 1420 (Salas) Page 5 of 5
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 1420
Author: |
Salas |
||
Version: |
7/06/2015 |
Hearing Date: |
7/15/2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Rachel Machi Wagoner |
||
SUBJECT: Oil and gas: pipelines.
ANALYSIS:
Existing law:
Requires the Division of Oil, Gas, and Geothermal Resources (DOGGR) to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal. Under the division’s regulations, an owner or operator of an active environmentally sensitive gas pipeline that is a gathering line is required to perform a mechanical integrity test on the pipeline, unless it is less than 10 years old.
Establishes local health departments, under the purview of the local health officer and prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
This bill:
Requires a mechanical integrity test every 2 years for all active gas pipelines of any diameter that are identified as in sensitive areas and requires DOGGR, by January 1, 2018, to identify all gas pipelines that are within sensitive areas.
Requires a local health officer or his or her designee, if he or she is notified of an active leak in a pipeline that is within a sensitive area and makes certain determinations, to take certain actions related to the leak, working collaboratively with DOGGR and the owner or operator of that pipeline.
Requires the local public health officer or his or her designee to direct the responsible party (RP) to notify residents affected by the leak if he or she determines that the leak poses a serious threat to public health and safety.
Requires owners or operators of pipelines under DOGGR’s jurisdiction, upon discovery of a leak from the pipeline, to notify DOGGR and the appropriate local health officer or his or her designee of the leak.
For purposes of this section, defines “sensitive area” as:
An area containing a building intended for human occupancy, such as a residence, school, hospital, or business that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline.
An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline.
An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks.
Specifies that the responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section.
Background
The gas leak in Arvin: According to articles in The Bakersfield Californian, on March 11, 2014, Southern California Gas Co. (SCG) was performing routine checks for leaks on its natural gas pipelines in Arvin, California, when its instruments detected a gas leak. SCG workers realized the next day that the leak wasn't from their own pipelines and notified the city of Arvin, which in turn alerted DOGGR both that it was working with SCG to determine the source of the gas and that residents of Nelson Court in Arvin had been reporting gas odors.
According to the Department of Conservation (DOC), under which DOGGR operates, DOGGR staff immediately met with Petro Capitol Resources (PCR), which operates the three oil and gas leases about 200 feet east of the homes on Nelson Court, to review existing lease maps of the operation. They found that the existing maps were faulty, and that the pipelines were actually adjacent to the homes on Nelson Court that had been reporting the odor. PCR shut down its pipeline on March 13th, and affected residents were evacuated. On the 17 and 18th the actual leak was detected in a 3" gas flare pipe, and Kern County tested for flammable gases, finding high levels of flammable gases outside the homes and levels at half of the lower explosive levels were inside eight homes on Nelson Court. Further, Kern County and DOGGR found that the soil was so saturated with natural gas that remediation required application of a vapor extraction system. The Bakersfield Californian reported that some residents said they had smelled the gas for as long as two years, and complained of nosebleeds, headaches, coughing and dizziness.
According to news articles, letters submitted to the Governor, and communication with the author, before and after the leak was detected, residents were confused about where to seek resources and information and felt the response to the leak was inadequate. Additionally, even though PCR performed initial toxicity testing of the houses on Nelson Court, residents were distrustful of the results, and the County performed another set of tests, for which it is still trying to recoup costs. Residents remained evacuated for over 7 months and remain concerned about the safety of living in their own homes.
DOGGR's jurisdiction over pipelines: DOGGR oversees the drilling, operation, maintenance, and plugging and abandonment of oil, natural gas, and geothermal wells. DOGGR has jurisdiction over tanks and facilities that are “attendant to” oil and gas production, including pipelines located within oil and gas fields and not subject to regulation by the California Department of Forestry and Fire Protection-Office of State Fire Marshal. Tanks and pipelines that are located within the lease areas of oil and gas fields, and are integrally associated with oil and gas production, are generally “attendant to” oil and gas production and therefore under DOGGR’s jurisdiction. In the Arvin case, according to the DOC, DOGGR is responsible for the oversight of the pipes that leaked.
DOGGR's process for identifying and inspecting pipelines: DOGGR's regulations require pipeline operators to visually inspect all above ground pipelines at least once per year and authorize the Supervisor to order tests or inspections as needed to establish the reliability of any pipeline system. Additionally, regulations require a mechanical integrity test to be performed on all active environmentally sensitive pipelines that are used to transport crude oil or natural gas from the production site to a central collection point, and all urban pipelines over 4” in diameter, every two years. Regulation exempts pipelines less than 10 years old from the two-year testing requirement.
In Arvin, even though DOGGR is responsible for the oversight of the pipeline that failed, the pipeline is not subject to the periodic testing required of other, larger capacity (over 4" in diameter) lines, or lines that carry hydrocarbons. DOGGR records showed that the pipeline was last inspected on August 8, 2011. This bill requires DOGGR to prioritize the identification and testing of all pipelines under its jurisdiction, regardless of size or what it carries, for leaks that are near sensitive areas, such as residential areas and schools.
Comments
Purpose of Bill. According to the author, “[a]s the [oil] industry continues to be a fixture in California, the safety of workers, communities and the environment should remain a top priority. Despite precautions taken, incidents occur in which immediate action is needed to protect the health, safety, and environment of nearby communities.”
“In early 2014, a gas leak was detected beneath the community of Arvin, California. A total of 8 families were evacuated from their homes and unable to return for several months. Affected residents claimed to have smelled gas, and complained of nosebleeds, headaches, coughing and dizziness. Once the leak was detected, affected residents were unclear where to get resources and information. This incident demonstrated a lack of clarity in the law regarding the role of all involved entities.”
“Assembly Bill 1420 would require operators of a leak[ing] pipeline to notify local health officials. If it is determined that the leak poses a risk to public health and safety then the local health official will be required to work collaboratively with [the division] and the owner and/or operator the pipeline. […] The bill will also require [the division] to prioritize the identification and testing of pipelines in their jurisdiction that are near sensitive areas, such as residential neighborhoods and schools.”
What is the Responsibility of the Responsible Party? The bill specifies that the local health officer shall work in collaboration with DOGGR and RP to provide information and assistance to affected residents and requires that the RP reimburse the costs incurred by the local health officer, including, but not limited to, relocation of residents. It is more appropriate that RP incur the cost to residents, including relocation. An amendment is needed to specify that the RP will pay for relocation and other costs to residents.
Additionally, while nothing in this legislation relieves an RP from civil/tort liability, an amendment should be taken to clearly state that the RP shall not condition any assistance provided pursuant to this bill to any waiver of the recipient of the assistance.
DOUBLE REFERRAL:
This measure was heard in Senate Natural Resources and Water Committee on June 23, 2015, and passed out of committee with a vote of 9-0. The provisions of the bill pertaining to DOGGR’s responsibilities and jurisdiction were heard by that committee.
The role of local health officers, disclosure of environmental testing results, processes and procedures in the event of a local health emergency, and resident notification is under the Senate Environmental Quality Committee’s jurisdiction.
SOURCE:
Author
SUPPORT:
Center on Race, Poverty & the Environment
City of Arvin
Sierra Club
OPPOSITION:
None received
ARGUMENTS IN SUPPORT:
The Center on Race, Poverty & the Environment wrote, “[t]hough residents took their own air samples, the results of the “official” air testing were never disclosed to residents. The evacuated residents are now back home, but the leak and the subsequent eight-month forced relocation has taken a heavy financial, emotional, and health toll on the families.”
The Center continues, “AB 1420 will provide local agencies with the authority they need to quickly respond to leaks in order to protect residents’ health, ensures that residents are informed about the risks they face if a leak occurs nearby, and provides for reimbursements to residents for costs associated with a pipeline leak, including relocation costs.”
-- END --
AB 1420 (Salas) Page 5 of 5
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1420 Hearing Date: June 23, 2015
Author: |
Salas |
|
|
Version: |
April 21, 2015 Amended |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Katharine Moore |
||
Subject: Oil and gas: pipelines.
BACKGROUND AND EXISTING LAW
According to news reports:
● On March 11, 2014 the Southern California Gas Company was looking for leaks in its own natural gas pipeline in Arvin when it detected gas.
● On March 12, Southern California Gas determined that the gas was not from its pipeline and notified the City of Arvin.
● It took 5 more days to determine that the gas was coming from a leak in a 3-inch diameter pipeline owned by Petro Capital Resources, LLC. The location of the pipeline was misidentified in available resources, and the pipeline was used to carry waste gas to a nearby flare a few blocks from Arvin High School.
● On March 17, it was determined that the gas had saturated the soil and contaminated eight homes. Mandatory evacuations were ordered the next day and approximately three dozen people were displaced. Explosive levels of flammable gases were measured inside the homes.
● The evacuated families and neighbors are reported to have expressed considerable concern about the lack of information about the leak, the responsibilities of local and state government to address it, potential health problems and delays in notification.
● The mandatory evacuation was lifted in October 2014, and the evacuees moved back in December 2014. Petro Capital Resources, LLC paid for the residents to stay elsewhere during spill remediation and paid for the remediation services.
● The leaky pipeline was reported to be on the order of 40 years old, and after the leak was removed from service. According to the Assembly Natural Resources Committee analysis, this pipeline was last inspected on August 8, 2011. There are reported to be thousands of feet of similarly aging pipelines in Kern County whose location may, in some instances, be uncertain and that may also be inspected infrequently.
California is the third largest oil producer in the nation and among the top 20 for the production of natural gas. Kern County produces approximately 70% of the state’s oil and gas annually. (Statements based on 2013 data.)
The Division of Oil, Gas, and Geothermal Resources (division) in the Department of Conservation is the state’s oil and gas regulator. The Oil and Gas Supervisor (supervisor) leads the division.
Existing law provides broad authority to the supervisor. Existing law requires the supervisor to supervise the operation, maintenance, and removal or abandonment of tanks and facilities (including pipelines) related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources, as specified, among other requirements (Public Resources Code (PRC) §3106).
Existing law requires the division to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal (PRC §3270). These standards include standards for leak detection. Pipelines that are located within the lease areas of oil and gas fields, and are integrally associated with oil and gas production, are generally “attendant to” oil and gas production and therefore under the division’s jurisdiction.
Implementing these and other provisions of law, existing regulations:
● require a spill contingency plan for an oil/gas production facility, as specified (Title 14 (14), California Code of Regulations (CCR), §1722(b));
● require significant gas or water leaks, among other emergencies, as specified, to be reported to the appropriate division district office (14 CCR 1722(i));
● define an “environmentally sensitive” area to include:
- a production facility within 300 feet of any public recreational area, or a building intended for human occupancy that is not necessary to the operation of the production operation, such as residences, schools, hospitals, and businesses;
- a production facility within 200 feet of any officially recognized wildlife preserve or environmentally sensitive habitat (as defined), or waterways or other bodies of water (as defined);
- a production facility within the coastal zone, as specified; and
- any production facility which the supervisor determines may present a significant potential threat, as specified, or has a history of chronic leaks (14 CCR §1760(e)); and
● require pipeline inspection and testing as well as the existence of pipeline management plans. Of relevant interest:
- the supervisor has the authority to order any tests or inspections of pipelines necessary;
- a pipeline with a reportable leak must be tested prior to re-entering service;
- a mechanical integrity test is required on all active environmentally sensitive pipelines that are gathering lines and all urban pipelines, as defined, over 4 inches in diameter every two years, as specified;
- a mechanical integrity test is defined to include various forms of testing to ensure the integrity of the pipeline;
- pipelines that fail testing must be removed from service and the supervisor promptly notified;
- copies of test results are required to be retained by the operator, as specified; and
- the pipeline management plan shall include information about each pipeline and a description of the testing method and schedule for all pipelines, (14 CCR §1774.1, §1774.2).
Existing law establishes local health department, under the purview of the local health officer. Existing law prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statues relating to public health.
PROPOSED LAW
This bill would respond to the recent pipeline leak in Arvin by instituting several statutory changes. Specifically this bill would:
● require the local health officer, in the event that the officer determines that a pipeline leak poses a risk to public health and safety and the response to the leak has been inadequate to work collaboratively with the division and the owner or operator of the pipeline, to (1) direct the responsible party to perform environmental testing in the contaminated area and disclose the results publicly, as specified, and (2) use the test results to determine if a serious threat to public health and safety of the residents exists, and, if so, provide assistance to those residents;
● in the event the health officer determines that the pipeline leak poses a serious threat to public health and safety, notify all residents affected by the leak;
● require the division to prioritize the identification and testing of all pipelines under its jurisdiction that are near sensitive area, such as residential areas and schools; and
● require the operator of a pipeline under the division’s jurisdiction to notify the division and local health officer of a pipeline leak.
ARGUMENTS IN SUPPORT
According to the author, “[a]s the [oil] industry continues to be a fixture in California, the safety of workers, communities and the environment should remain a top priority. Despite precautions taken, incidents occur in which immediate action is needed to protect the health, safety, and environment of nearby communities.”
“In early 2014, a gas leak was detected beneath the community of Arvin, California. A total of 8 families were evacuated from their homes and unable to return for several months. Affected residents claimed to have smelled gas, and complained of nosebleeds, headaches, coughing and dizziness. Once the leak was detected, affected residents were unclear where to get resources and information. This incident demonstrated a lack of clarity in the law regarding the role of all involved entities.”
“Assembly Bill 1420 would require operators of a leak[ing] pipeline to notify local health officials. If it is determined that the leak poses a risk to public health and safety then the local health official will be required to work collaboratively with [the division] and the owner and/or operator the pipeline. […] The bill will also require [the division] to prioritize the identification and testing of pipelines in their jurisdiction that are near sensitive areas, such as residential neighborhoods and schools.”
The Center on Race, Poverty & the Environment wrote, “[t]hough residents took their own air samples, the results of the “official” air testing were never disclosed to residents. The evacuated residents are now back home, but the leak and the subsequent eight-month forced relocation has taken a heavy financial, emotional, and health toll on the families.”
The Center continues, “AB 1420 will provide local agencies with the authority they need to quickly respond to leaks in order to protect residents’ health, ensures that residents are informed about the risks they face if a leak occurs nearby, and provides for reimbursements to residents for costs associated with a pipeline leak, including relocation costs.”
ARGUMENTS IN OPPOSITION
None received
COMMENTS
This bill is double-referred with the Senate Environmental Quality Committee. Should this bill pass this Committee today it will subsequently be heard before the Senate Environmental Quality Committee. This Committee’s jurisdiction over this bill is limited to the role of the division. The role of local health officers, disclosure of environmental testing results, processes and procedures in the event of a local health emergency, and resident notification is under the Senate Environmental Quality Committee’s jurisdiction and will be reviewed there. Information related to those issues is included here for completeness. Stakeholder conversations regarding these provisions continue, and include existing state law, responsibilities and processes in the event of emergencies, and the relevant jurisdiction of various entities.
Clarifying expectations of the division. The type of pipeline responsible for the leak in Arvin is not required to be inspected on any regular specific schedule under current law or regulation. While this pipeline is located in an environmentally sensitive area, as defined, it did not meet the criteria specified in regulation for a specific inspection interval. While the intent of the current language is clear, it is not necessarily clear what the specific expectations are of the division to help prevent incidents such as the one in Arvin last year from re-occurring. In order to make pipeline identification and inspection expectations explicit in statute and definitively capture the pipeline responsible for the Arvin leak in this bill, the Committee may wish to specify the type of pipelines (active gas, of any size), deadline for pipeline identification (2 years), inspection interval (2 years), type of inspection (mechanical integrity testing), and invoke the existing definition of environmentally sensitive areas [Amendment 1].
Technical change. A technical change is required to provide consistency with respect to those responsible for the pipeline [Amendment 2].
The division’s responsibility for pipeline leaks and spills. As noted above, the supervisor has broad authority pursuant to PRC §3106, other PRC sections and their regulatory implementation to order the preparation of spill contingency plans, pipeline testing, require proof of pipeline integrity, and to shutdown pipelines. The division also has jurisdiction to specify, in some instances, the amount of oil that may be spilled prior to triggering reporting requirements (i.e. the San Joaquin Valley Field Rules for oil spills.) The division is not responsible for clean-up of spills and leaks.
Codifying specific notification to the division of a leak. Existing regulations, as described above, already require in some instances notification to the division of a pipeline leak or loss of integrity. In the Arvin incident, the division appears to have been notified and involved. This bill would eliminate any ambiguity or potential ambiguity, however, that reporting requirements to the division apply in the event of a leak similar to the one that occurred in Arvin.
SUGGESTED AMENDMENTS
AMENDMENT 1
on page 3, delete lines 22 – 25, inclusive, and replace with:
“The division shall require a mechanical integrity test every two years for all active gas pipelines of any diameter that are environmentally sensitive. The division shall identify all active gas pipelines of any diameter subject to this section by January 1, 2018. For the purposes of this section, “environmentally sensitive” is as defined in subdivision (e) of Section 1760 of Title 14 of the California Code of Regulations and “mechanical integrity test” is as defined in subdivision (e) of Section 1774.1 of Title 14 of the California Code of Regulations.”
AMENDMENT 2
on page 3, line 34: insert “owner or” before “operator”
SUPPORT
City of Arvin
Center on Race, Poverty & the Environment
Jose Gurrola, Mayor Pro Tem, City of Arvin
OPPOSITION
None Received
-- END --
AB 1420
Page 2
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1420
(Salas) – As Amended April 21, 2015
Policy Committee: |
Natural Resources |
Vote: |
9 - 0 |
|
Environmental Safety and Toxic Materials |
|
5 - 0 |
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill establishes a process for assessing the risk of leaks in gas pipelines and providing notification and assistance to residents affected by a leak. Specifically, this bill:
Provides when a local health officer is notified of a leak in a pipeline regulated by the Division of Oil, Gas and Geothermal Resources (DOGGR), and the officer makes a determination that the leak poses a risk to public health, the officer shall do all of the following:
Work collaboratively with DOGGR and the owner or operator of the pipeline.
Direct the responsible party to test the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and provide assistance to those residents.
Requires DOGGR to prioritize the identification and testing of all pipelines under its jurisdiction that are near sensitive areas, such as residential areas and schools.
Requires the operator of the pipeline to promptly notify the local health officer and DOGGR of a leak.
FISCAL EFFECT:
Increased initial costs of approximately $130,000 for DOGGR to identify and test specified pipelines in sensitive areas; ongoing estimated annual costs of $120.000 (special fund).
COMMENTS:
Rationale. In early 2014, a gas leak was detected beneath the community of Arvin, California. A total of 8 families were evacuated from their homes and were unable to return for several months. Affected residents claimed to have smelled gas, and complained of nosebleeds, headaches, coughing and dizziness. Once the leak was detected, affected residents were unclear where to get resources and information.
According to the author, this incident demonstrated a lack of clarity in the law regarding the role of all involved entities. This bill establishes a clear process to follow to protect the health, safety, and environment in the event of gas leak.
Background. Under DOGGR’s regulations governing pipeline testing, operators are required to visually inspect all aboveground pipelines for leaks and corrosion at least once a year. For underground urban pipelines that are older than 10 years, over 4 inches in diameter, and are in environmentally sensitive areas, testing every two years is required.
A county board of supervisors, a city council, or a state agency may petition the Supervisor of DOGGR to include other pipelines as environmentally sensitive. DOGGR regulations also require an operator to promptly report significant gas leaks to the appropriate DOGGR district office.
The pipeline leak in Arvin was in an environmentally sensitive area, but the pipeline was less than four inches and therefore thousands of feet of pipeline had never been checked for leaks. According to DOGGR the last time the pipeline was inspected was August 8, 2011.
This bill requires DOGGR to prioritize the testing of all pipelines under DOGGR’s jurisdiction in sensitive places, such as residents and schools.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
AB 1420
Page 5
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 1420
(Salas) – As Amended April 21, 2015
SUBJECT: Oil and gas: pipelines
SUMMARY: Establishes a process for assessing the risk of leaks in gas pipelines and for providing notification and assistance to residents affected by a leak. Specifically, this bill:
Requires, if the local health officer or his or her designee is notified of a leak in a pipeline that is regulated by the Division of Oil, Gas, and Geothermal Resources (DOGGR), and the local health officer determines that the leak poses a risk to public health or safety and the response to the leak has been inadequate to protect the public health or safety, the local health officer to:
Work collaboratively with DOGGR and the owner or operator of the pipeline;
Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public;
Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak;
Provide, based on the determination, assistance to affected residents; and,
Direct, based on the determination, the responsible party to notify all residents affected by the leak.
Requires DOGGR to prioritize the identification and testing of all pipelines under its jurisdiction that are near sensitive areas such as residences and schools.
Requires the operator of the pipeline, upon the discovery of a leak from a pipeline under the jurisdiction of DOGGR, to promptly notify DOGGR and the local health officer of the jurisdiction in which the leak is located.
EXISTING LAW:
Under the California Health and Safety Code (HSC):
Requires each board of supervisors to appoint a health officer who is a county officer, and requires the local health officer to enforce local orders and ordinances and state statues relating to public health. (HSC § 101000, et. seq)
Authorizes the local health officer to take any preventive measure that may be necessary to protect and preserve the public health from any public health hazard during any “local emergency” within his or her jurisdiction. (HSC § 101040(a))
Under the California Public Resources Code (PRC):
Requires the State Oil & Gas Supervisor (Supervisor) to supervise the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities attendant to oil and gas production, including pipelines, as specified, that are within an oil and gas field, so as to prevent damage to life, health, property, and natural resources. (PRC § 3106. (a))
Under the California Code of Regulations (CCR):
Requires the operator for a facility or group of related facilities to develop a spill contingency plan. (CCR, Title 14, § 1722(b))
Requires blowouts, fires, serious accidents, and significant gas or water leaks resulting from or associated with an oil or gas drilling or producing operation, or related facility, to be promptly reported to the appropriate DOGGR district office. (CCR, Title 14, §1722(i))
Requires pipeline operators to visually inspect all aboveground pipelines for leaks and corrosion at least once a year (CCR, Title 14, § 1774.1. (a))
Authorizes the Supervisor to order such tests or inspections deemed necessary to establish the reliability of any pipeline system. (CCR, Title 14, § 1774.1. (b))
Requires a mechanical integrity test to be performed on all active environmentally sensitive pipelines (generally within 300 feet of a building) that are gathering lines, and all urban pipelines over 4” in diameter, every two years. Exempts pipelines less than 10 years old are exempt this testing requirement. (CCR, Title 14, § 1774.1. (e))
Authorizes a county board of Supervisors, a city council, or another state agency to petition the Supervisor to include other pipelines within their jurisdiction as environmentally sensitive. (CCR, Title 14, § 1774.1. (f))
Requires operators to prepare a pipeline management plan for all pipelines and submit the plan to the Supervisor upon request. (CCR, Title 14, § 1774.2. (a))
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: According to the author, "As the [oil and gas] industry continues to be a fixture in California, the safety of workers, communities and the environment should remain a top priority. Despite precautions taken, incidents occur in which immediate action is needed to protect the health, safety, and environment of nearby communities…
"In early 2014, a gas leak was detected beneath the community of Arvin, California. A total of 8 families were evacuated from their homes and unable to return for several months. Affected residents claimed to have smelled gas, and complained of nosebleeds, headaches, coughing and dizziness. Once the leak was detected, affected residents were unclear where to get resources and information. This incident demonstrated a lack of clarity in the law regarding the role of all involved entities… AB 1420 will ensure that clear guidelines exist should another similar incident occur."
The gas leak in Arvin: According to articles in The Bakersfield Californian, on March 11, 2014, Southern California Gas Co. (SCG) was performing routine checks for leaks on its natural gas pipelines in Arvin, California, when its instruments detected a gas leak. SCG workers realized the next day that the leak wasn't from their own pipelines and notified the city of Arvin, which in turn alerted DOGGR both that it was working with SCG to determine the source of the gas and that residents of Nelson Court in Arvin had been reporting gas odors.
According to the Department of Conservation (DOC), under which DOGGR operates, DOGGR staff immediately met with Petro Capitol Resources (PCR), which operates the three oil and gas leases about 200 feet east of the homes on Nelson Court, to review existing lease maps of the operation. They found that the existing maps were faulty, and that the pipelines were actually adjacent to the homes on Nelson Court that had been reporting the odor. PRC shut down its pipeline on March 13th, and affected residents were evacuated. On the 17 and 18th the actual leak was detected in a 3" gas flare pipe, and Kern County tested for flammable gases, finding high levels of flammable gases outside the homes and levels at half of the lower explosive levels were inside eight homes on Nelson Court. Further, Kern County and DOGGR found that the soil was so saturated with natural gas that remediation required application of a vapor extraction system. The Bakersfield Californian reported that some residents said they had smelled the gas for as long as two years, and complained of nosebleeds, headaches, coughing and dizziness.
According to news articles, letters submitted to the Governor, and communication with the author and this Committee, before and after the leak was detected, residents were confused about where to seek resources and information and felt the response to the leak was inadequate. Additionally, even though PRC performed initial toxicity testing of the houses on Nelson Court, residents were distrustful of the results, and the County performed another set of tests, for which it is still trying to recoup costs. Residents remained evacuated for over 7 months and remain concerned about the safety of living in their own homes.
DOGGR's jurisdiction over pipelines: DOGGR oversees the drilling, operation, maintenance, and plugging and abandonment of oil, natural gas, and geothermal wells. DOGGR has jurisdiction over tanks and facilities that are “attendant to” oil and gas production, including pipelines located within oil and gas fields and not subject to regulation by the California Department of Forestry and Fire Protection-Office of State Fire Marshal. Tanks and pipelines that are located within the lease areas of oil and gas fields, and are integrally associated with oil and gas production, are generally “attendant to” oil and gas production and therefore under DOGGR’s jurisdiction. In the Arvin case, according to the DOC, DOGGR is responsible for the oversight of the pipes that leaked.
DOGGR's process for identifying and inspecting pipelines: DOGGR's regulations require pipeline operators to visually inspect all above ground pipelines at least once per year and authorize the Supervisor to order tests or inspections as needed to establish the reliability of any pipeline system. Additionally, regulations require a mechanical integrity test to be performed on all active environmentally sensitive pipelines that are used to transport crude oil or natural gas from the production site to a central collection point, and all urban pipelines over 4” in diameter, every two years. Regulation exempts pipelines less than 10 years old from the two year testing requirement.
In Arvin, even though DOGGR is responsible for the oversight of the pipeline that failed, the pipeline is not subject to the periodic testing required of other, larger capacity (over 4" in diameter) lines, or lines that carry hydrocarbons. DOGGR records showed that the pipeline was last inspected on August 8, 2011. This bill requires DOGGR to prioritize the identification and testing of all pipelines under its jurisdiction, regardless of size or what it carries, for leaks that are near sensitive areas, such as residential areas and schools.
Leak reporting requirements: Statute and regulation have various requirements for reporting leaks of hazardous substances and the subsequent response. For example, for oil discharges to land greater than or equal to a barrel, the facility owner or operator must report to the Governor's Office of Emergency Services (CalOES) (PRC § 3233); for a release or threatened release of hazardous materials that may pose a significant threat to human health and safety, property or the environment, the handler must report to CalOES, the local unified program agencies (CUPAs) and/ or 911 (HSC § 25510); for illegal discharges or threatened discharges of hazardous waste, the designated government employee must report to the local health officer or local board of supervisors (HSC § 25180.7(b)); and, significant gas or water leaks resulting from or associated with an oil or gas drilling or producing operation, or related facility, must be promptly reported to the appropriate DOGGR district office (CCR, Title 14, §1722(i)).
This bill clarifies the reporting process by requiring that the operator of a pipeline under DOGGR's jurisdiction must promptly notify the local health officer and DOGGR when he or she detects a leak.
Leak response requirements: The Arvin incident illustrates the complexity of local and state response to leaks, and delegated authority for response to leaks varies throughout the state. While state agencies often work directly with local agencies to respond to and remediate leaks, there is often not a requirement for state agencies to provide resources to the local responding agency. AB 1173 requires the local health officer or designee to work in collaboration with DOGGR to respond to leaks, thus bringing state resources to local efforts. Further, this bill requires the party responsible for the leak to, under the direction on the locale health officer, test the soil, water and air for contamination and, if the local health officer determines that the threat poses a serious threat, to notify all residents affected by the leak. These provisions require the responsible party to pay for testing and notification in response to a leak and serve to legitimize testing and response by requiring the local health officer to oversee the testing process.
Double referral: This bill was double referred to the Assembly Natural Resources Committee, in which it is set for a hearing April 27, 2015.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965
AB 1420
Page 3
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1420
Salas – As Amended April 21, 2015
SUBJECT: Oil and gas: pipelines
SUMMARY: Requires a local health officer, if notified of a leak in a pipeline regulated by the Department of Conservation’s Division of Oil, Gas and Geothermal Resources (DOGGR), to direct the responsible party to test soil, air, and water; and, based on the test results, make an assessment of the risk to the public. If the leak poses a risk to the public, requires the local health officer to notify residents affected by the leak of the threat and provide assistance to the public.
EXISTING LAW:
Requires DOGGR to prescribe minimum facility maintenance standards for oil and gas production facilities, including pipelines that are not under the jurisdiction of the State Fire Marshal.
Requires minimum facility maintenance standards to include standards for leak detection.
Establishes local health departments under the purview of the local health officer. Prescribes various duties for those local health departments, including supervising remediation when hazardous waste is released and enforcing statutes relating to public health.
THIS BILL:
If the local health officer is notified of a leak in a pipeline that is regulated by DOGGR, and the local health officer makes a determination that the leak poses a risk to public health, the officer shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:
Direct the responsible party to test the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and provide assistance to those residents.
Requires DOGGR to prioritize the identification and testing of all pipelines under its jurisdiction that are near sensitive areas, such as residential areas and schools.
Requires the operator of the pipeline to promptly notify the local health officer and DOGGR of a leak.
FISCAL EFFECT: Unknown
COMMENTS:
Author’s statement.
California is the fourth largest oil and gas producing state and natural resources extraction is an important contributor to the state’s economy. Most oil production in California occurs in Kern County in the San Joaquin Valley. Oil also is produced from wells in portions of Los Angeles County and Orange County and on or near the central coast near Santa Barbara.
As the industry continues to be a fixture in California, the safety of workers, communities, and the environment should remain a top priority. Despite precautions taken, incidents occur in which immediate action is needed to protect the health, safety, and environment of nearby communities.
In early 2014, a gas leak was detected beneath the community of Arvin, California. A total of eight families were evacuated from their homes and unable to return for several months. Affected residents claimed to have smelled gas, and complained of nosebleeds, headaches, coughing, and dizziness. Once the leak was detected, affected residents were unclear where to get resources and information. This incident demonstrated a lack of clarity in the law regarding the role of all involved entities.
AB 1420 will ensure that clear guidelines exist should another similar incident occur.
Gas leaks and DOGGR. According to DOGGR’s regulations governing pipeline testing, operators are required to visually inspect all aboveground pipelines for leaks and corrosion at least once a year. For underground urban pipelines that are older than 10 years, over 4 inches in diameter, and are in environmentally sensitive areas, testing every two years is required. A county board of supervisors, a city council, or a state agency may petition the Supervisor of DOGGR to include other pipelines as environmentally sensitive. DOGGR regulations also require an operator to promptly report significant gas leaks to the appropriate DOGGR district office.
When asked about its responsibility for the March 2014 Arvin gas leak, the Supervisor stated that DOGGR is responsible for the pipeline that leaked. However, the pipeline “is not subject to the periodic testing required of other, larger capacity line, or lines that carry liquid hydrocarbons.”
The pipeline leak in Arvin was in an environmentally sensitive area, but the pipeline was less than four inches and therefore thousands of feet of pipeline have never been checked for leaks. DOGGR stated the last time the pipeline was inspected was August 8, 2011. AB 1420 will require DOGGR to prioritize the testing of all pipelines under DOGGR’s jurisdiction in sensitive places, such as residents and schools.
Coordination. DOGGR first learned of the leak on March 12 from the City of Arvin, which had been working with Southern California Gas to determine the source of the gas. DOGGR’s staff met with Petro Capital Resources (PCR) that same day and after further examination determined that the mapping of PCR’s pipelines was incorrect and it was a PCR pipeline that was leaking. On March 13, PCR shut down the gas line. However, it was not until March 17 and 18 that testing revealed that there was a high level of flammable gas outside of homes. The county then issued a mandatory evacuation. AB 1420 attempts to require local health officers and DOGGR to work collaboratively from first detection of a leak to protect and provide assistance to residents.
Related legislation.
AB 1501 (Rendon) requires air districts to establish an emission standard for methane from well stimulation treatment and other petroleum extraction facilities. The emission standard must include a permit requirement and consideration of the effect production facilities have on adjacent vulnerable populations. AB 1501 also requires the Air Resources Board or a local air district to install monitoring stations near any approved well stimulation site and other petroleum extraction facilities to monitor for 12 different chemicals. This bill will also be heard by this committee on April 27.
Double referral. This bill is double referred to the Environmental Safety and Toxic Materials Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092
Discussed in Hearing
47SEC
Assembly Floor
2MIN
Senate Floor
22SEC
Senate Standing Committee on Appropriations
7MIN
Senate Standing Committee on Natural Resources and Water
Bill Author
Bill Co-Author(s):
