SB 614: Public resources: transportation of carbon dioxide.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-10-10
Current Status:
Passed
(2025-10-10: Chaptered by Secretary of State. Chapter 529, Statutes of 2025.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines that transport hazardous liquids. A person who willfully and knowingly violates the act or a regulation issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would revise the definition of pipeline, for purposes of the Elder California Pipeline Safety Act of 1981, to include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by July 1, 2026, to adopt regulations governing the safe transportation of carbon dioxide in pipelines that, at a minimum, are as protective as certain draft regulations issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025. The bill would authorize the State Fire Marshal to amend those regulations, as provided. The bill would prohibit the approval of a pipeline for use in transporting carbon dioxide if the pipeline is originally constructed to transport any other liquid or gas, and would prohibit the construction of those pipelines using previously used pipe or components. The bill would prohibit an operator from constructing a pipeline transporting carbon dioxide in a location where one or more sensitive receptors, as defined, are located within the emergency planning zone of the pipeline, which is defined as an area within 2 miles of either side of the pipeline, except as provided. The bill would require an operator of a pipeline transporting carbon dioxide to submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline an emergency planning zone inventory and map, as provided, and would require the State Fire Marshal and the lead agency to review, at least once every 3 years, the inventory and map for completeness and accuracy. The bill would require the operator, at least once every 3 years, to provide to local governments providing emergency response services to sensitive receptors within an emergency planning zone the inventory and map determined by the State Fire Marshal and the lead agency to be complete and accurate and any updates to the inventory and map. The bill would require the State Fire Marshal and the lead agency to make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate and would require the State Fire Marshal and the lead agency to redact any personally identifiable information from the publicly available inventories and maps. To the extent this requirement imposes additional duties on a local agency regarding the posting of, and the redaction of information from, the inventories and maps, this bill would impose a state-mandated local program. The bill would require the operator to annually provide the map to sensitive receptors within the emergency planning zone of the pipeline. The bill would authorize the State Fire Marshal, for a pipeline transporting carbon dioxide, to order a pipeline shutdown for violations of state or federal laws, or if continued pipeline operations present an immediate danger to health, welfare, or the environment. The bill would, in the event of a pipeline rupture, require the pipeline to remain nonoperational until an investigation into the pipeline rupture is completed and the origin and cause of the pipeline rupture is determined. Because the bill would expand the application of a crime to pipelines transporting carbon dioxide and because a violation of the regulations adopted by the State Fire Marshal related to pipelines transporting carbon dioxide would be a crime, the bill would impose a state-mandated local program. The bill would require that to be recognized by the state board for meeting any requirement under the California Global Warming Solutions Act of 2006, carbon dioxide transported by pipeline be transported only by pipelines meeting or exceeding the standards adopted by the State Fire Marshal.
This bill would, for a project that includes the construction of a pipeline transporting carbon dioxide subject to the requirements of the Elder California Pipeline Safety Act of 1981, require the lead agency to prepare or cause to be prepared an EIR or equivalent documentation, as defined, and to certify or adopt those documents for the project. The bill would require the lead agency, upon the completion of a draft EIR or draft equivalent documentation, to notify owners and operators of sensitive receptors within 1/4 mile of the proposed pipeline and the State Fire Marshal, as provided. The bill would require the lead agency, at least 60 days before the certification of the EIR or the adoption of the equivalent documentation, to notify the State Fire Marshal of the project. By imposing additional duties on a lead agency, the bill would impose a state-mandated local program. The bill would require that the State Fire Marshal provide to the lead agency, in writing, its confirmation that the pipeline is constructed consistent with the Elder California Pipeline Safety Act of 1981 and to make the determination publicly available on its internet website.
Existing law requires that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded its rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline.
This bill would limit the language restricting the transportation of carbon dioxide by pipeline to apply only to federally regulated interstate pipelines, and would require that intrastate pipelines be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the State Fire Marshal adopts its regulations pursuant to the bill and only once the project operator demonstrates that the pipelines meet the standards in those regulations.
Existing law assesses a civil penalty for a violation of the act or regulations adopted pursuant to the act. Existing law requires civil penalties assessed for violation, upon appropriation by the Legislature, to be available to the State Fire Marshal to provide hazardous liquid fire suppression training to local fire departments.
This bill would additionally authorize the assessed civil penalties to be used to provide fire responder training for hazardous gas response and suppression training to local fire departments.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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 specified reasons.
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.
The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines that transport hazardous liquids. A person who willfully and knowingly violates the act or a regulation issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would revise the definition of pipeline, for purposes of the Elder California Pipeline Safety Act of 1981, to include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by July 1, 2026, to adopt regulations governing the safe transportation of carbon dioxide in pipelines that, at a minimum, are as protective as certain draft regulations issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025. The bill would authorize the State Fire Marshal to amend those regulations, as provided. The bill would prohibit the approval of a pipeline for use in transporting carbon dioxide if the pipeline is originally constructed to transport any other liquid or gas, and would prohibit the construction of those pipelines using previously used pipe or components. The bill would prohibit an operator from constructing a pipeline transporting carbon dioxide in a location where one or more sensitive receptors, as defined, are located within the emergency planning zone of the pipeline, which is defined as an area within 2 miles of either side of the pipeline, except as provided. The bill would require an operator of a pipeline transporting carbon dioxide to submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline an emergency planning zone inventory and map, as provided, and would require the State Fire Marshal and the lead agency to review, at least once every 3 years, the inventory and map for completeness and accuracy. The bill would require the operator, at least once every 3 years, to provide to local governments providing emergency response services to sensitive receptors within an emergency planning zone the inventory and map determined by the State Fire Marshal and the lead agency to be complete and accurate and any updates to the inventory and map. The bill would require the State Fire Marshal and the lead agency to make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate and would require the State Fire Marshal and the lead agency to redact any personally identifiable information from the publicly available inventories and maps. To the extent this requirement imposes additional duties on a local agency regarding the posting of, and the redaction of information from, the inventories and maps, this bill would impose a state-mandated local program. The bill would require the operator to annually provide the map to sensitive receptors within the emergency planning zone of the pipeline. The bill would authorize the State Fire Marshal, for a pipeline transporting carbon dioxide, to order a pipeline shutdown for violations of state or federal laws, or if continued pipeline operations present an immediate danger to health, welfare, or the environment. The bill would, in the event of a pipeline rupture, require the pipeline to remain nonoperational until an investigation into the pipeline rupture is completed and the origin and cause of the pipeline rupture is determined. Because the bill would expand the application of a crime to pipelines transporting carbon dioxide and because a violation of the regulations adopted by the State Fire Marshal related to pipelines transporting carbon dioxide would be a crime, the bill would impose a state-mandated local program. The bill would require that to be recognized by the state board for meeting any requirement under the California Global Warming Solutions Act of 2006, carbon dioxide transported by pipeline be transported only by pipelines meeting or exceeding the standards adopted by the State Fire Marshal.
This bill would, for a project that includes the construction of a pipeline transporting carbon dioxide subject to the requirements of the Elder California Pipeline Safety Act of 1981, require the lead agency to prepare or cause to be prepared an EIR or equivalent documentation, as defined, and to certify or adopt those documents for the project. The bill would require the lead agency, upon the completion of a draft EIR or draft equivalent documentation, to notify owners and operators of sensitive receptors within 1/4 mile of the proposed pipeline and the State Fire Marshal, as provided. The bill would require the lead agency, at least 60 days before the certification of the EIR or the adoption of the equivalent documentation, to notify the State Fire Marshal of the project. By imposing additional duties on a lead agency, the bill would impose a state-mandated local program. The bill would require that the State Fire Marshal provide to the lead agency, in writing, its confirmation that the pipeline is constructed consistent with the Elder California Pipeline Safety Act of 1981 and to make the determination publicly available on its internet website.
Existing law requires that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded its rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline.
This bill would limit the language restricting the transportation of carbon dioxide by pipeline to apply only to federally regulated interstate pipelines, and would require that intrastate pipelines be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the State Fire Marshal adopts its regulations pursuant to the bill and only once the project operator demonstrates that the pipelines meet the standards in those regulations.
Existing law assesses a civil penalty for a violation of the act or regulations adopted pursuant to the act. Existing law requires civil penalties assessed for violation, upon appropriation by the Legislature, to be available to the State Fire Marshal to provide hazardous liquid fire suppression training to local fire departments.
This bill would additionally authorize the assessed civil penalties to be used to provide fire responder training for hazardous gas response and suppression training to local fire departments.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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 specified reasons.
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.
The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines that transport hazardous liquids. A person who willfully and knowingly violates the act or a regulation issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would revise the definition of pipeline, for purposes of the act, to include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by July 1, 2026, to adopt regulations governing the safe transportation of carbon dioxide in pipelines that, at a minimum, are as protective as certain draft regulations issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025. The bill would authorize the State Fire Marshal to amend those regulations, as provided. The bill would prohibit the approval of a pipeline for use in transporting carbon dioxide if the pipeline is originally constructed to transport any other liquid or gas, and would prohibit the construction of those pipelines using previously used pipe or components. The bill would prohibit an operator from constructing a pipeline transporting carbon dioxide in a location where one or more sensitive receptors, as defined, are located within the emergency planning zone of the pipeline, which is defined as an area within 2 miles of either side of the pipeline, except as provided. The bill would require an operator of a pipeline transporting carbon dioxide to submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline an emergency planning zone inventory and map, as provided, and would require the State Fire Marshal and the lead agency to review, at least once every 3 years, the inventory and map for completeness and accuracy. The bill would require the operator, at least once every 3 years, to provide to local governments providing emergency response services to sensitive receptors within an emergency planning zone the inventory and map determined by the State Fire Marshal and the lead agency to be complete and accurate and any updates to the inventory and map. The bill would require the State Fire Marshal and the lead agency to make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate and would require the State Fire Marshal and the lead agency to redact any personally identifiable information from the publicly available inventories and maps. To the extent this requirement imposes additional duties on a local agency regarding the posting of, and the redaction of information from, the inventories and maps, this bill would impose a state-mandated local program. The bill would require the operator to annually provide the map to sensitive receptors within the emergency planning zone of the pipeline. The bill would authorize the State Fire Marshal, for a pipeline transporting carbon dioxide, to order a pipeline shutdown for violations of state or federal laws, or if continued pipeline operations present an immediate danger to health, welfare, or the environment. The bill would, in the event of a pipeline rupture, require the pipeline to remain nonoperational until an investigation into the pipeline rupture is completed and the origin and cause of the pipeline rupture is determined. Because the bill would expand the application of a crime to pipelines transporting carbon dioxide and because a violation of the regulations adopted by the State Fire Marshal related to pipelines transporting carbon dioxide would be a crime, the bill would impose a state-mandated local program. The bill would require that to be recognized by the state board for meeting any requirement under the California Global Warming Solutions Act of 2006, carbon dioxide transported by pipeline be transported only by pipelines meeting or exceeding the standards adopted by the State Fire Marshal.
This bill would, for a project that includes the construction of a pipeline transporting carbon dioxide subject to the requirements of the Elder California Pipeline Safety Act of 1981, require the lead agency to prepare or cause to be prepared an EIR or equivalent documentation, as defined, and to certify or adopt those documents for the project. The bill would require the lead agency, upon the completion of a draft EIR or draft equivalent documentation, to notify owners and operators of sensitive receptors within 1/4 mile of the proposed pipeline and to the State Fire Marshal, as provided. The bill would require the lead agency, at least 30 60 days before the certification of the EIR or the adoption of the equivalent documentation, to notify the State Fire Marshal of the project. By imposing additional duties on a lead agency, the bill would impose a state-mandated local program. The bill would require that the State Fire Marshal provide to the lead agency, in writing, its confirmation that the pipeline is constructed consistent with the Elder California Pipeline Safety Act of 1981 and to make the determination publicly available on its internet website.
Existing law requires that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded its rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline.
This bill would limit the language restricting the transportation of carbon dioxide by pipeline to apply only to federally regulated interstate pipelines, and would require that intrastate pipelines be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the State Fire Marshal adopts its regulations pursuant to the bill and only once the project operator demonstrates that the pipeline meets pipelines meet the standards in those regulations.
Existing law assesses a civil penalty for a violation of the act or regulations adopted pursuant to the act. Existing law requires civil penalties assessed for violation, upon appropriation by the Legislature, to be available to the State Fire Marshal to provide hazardous liquid fire suppression training to local fire departments.
This bill would additionally authorize the assessed civil penalties to be used to provide fire responder training for hazardous gas response and suppression training to local fire departments.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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 specified reasons.
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.
The Elder California Pipeline Safety Act of 1981, 1981 requires the State Fire Marshal exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The act imposes various requirements in relation to the regulation of these to administer provisions regulating the inspection of intrastate pipelines. pipelines that transport hazardous liquids. A person who willfully and knowingly violates the act or a regulation adopted issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would revise the definition of pipeline, for purposes of the act, to include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by April July 1, 2026, to adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to that, at a minimum, are as protective as certain draft regulations issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025. The bill would authorize the State Fire Marshal to amend those regulations, as provided. The bill would prohibit the approval of a pipeline for use in transporting carbon dioxide if the pipeline is originally constructed to transport any other liquid or gas, and would prohibit the construction of those pipelines using previously used pipe or components. The bill would prohibit an operator from constructing a pipeline transporting carbon dioxide in a location where one or more sensitive receptors, as defined, are located within the emergency planning zone of the pipeline, which is defined as an area within 2 miles of either side of the pipeline, except as provided. The bill would require an operator of a pipeline transporting carbon dioxide to submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline an emergency planning zone inventory and map, as provided, and would require the State Fire Marshal to review, at least once every 3 years, the inventory and map for completeness and accuracy. The bill would require the operator, at least once every 3 years, to provide to local governments providing emergency response services to sensitive receptors within an emergency planning zone the inventory and map determined by the State Fire Marshal to be complete and accurate and any updates to the inventory and map. The bill would require the State Fire Marshal and the lead agency to make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate and would require the State Fire Marshal and the lead agency to redact any personally identifiable information from the publicly available inventories and maps. To the extent this requirement imposes additional duties on a local agency regarding the posting of, and the redaction of information from, the inventories and maps, this bill would impose a state-mandated local program. The bill would require the operator to annually provide the map to sensitive receptors within the emergency planning zone of the pipeline. The bill would authorize the State Fire Marshal, for a pipeline transporting carbon dioxide, to order a pipeline shutdown for violations of state or federal laws, or if continued pipeline operations present an immediate danger to the public health, welfare, or the environment. Because The bill would, in the event of a pipeline rupture, require the pipeline to remain nonoperational until an investigation into the pipeline rupture is completed and the origin and cause of the pipeline rupture is determined. Because the bill would expand the application of a crime to pipelines transporting carbon dioxide and because a violation of the above provisions regulations adopted by the State Fire Marshal related to pipelines transporting carbon dioxide would be a crime, this the bill would impose a state-mandated local program. The bill would require the State Fire Marshal, at least once every 5 years, to assess the additional safety standards and to amend the regulations to increase the safety standards. The bill would require that to be recognized by the state board for meeting any requirement under the California Global Warming Solutions Act of 2006, carbon dioxide transported by pipeline be transported only by pipelines meeting or exceeding the standards adopted by the State Fire Marshal.
This bill would, for a project that includes the construction of a pipeline transporting carbon dioxide subject to the requirements of the Elder California Pipeline Safety Act of 1981, require the lead agency to prepare or cause to be prepared an EIR or equivalent documentation, as defined, and to certify or adopt those documents for the project. The bill would require the lead agency, upon the completion of a draft EIR or draft equivalent documentation, to notify owners and operators of sensitive receptors within 1/4 mile of the proposed pipeline and to the State Fire Marshal, as provided. The bill would require the lead agency, at least 30 days before the certification of the EIR or the adoption of the equivalent documentation, to notify the State Fire Marshal of the project. By imposing additional duties on a lead agency, the bill would impose a state-mandated local program. The bill would require that the State Fire Marshal provide to the lead agency, in writing, its confirmation that the pipeline is constructed consistent with the Elder California Pipeline Safety Act of 1981 and to make the determination publicly available on its internet website.
Existing law assesses a civil penalty for a violation of the act or regulations adopted pursuant to the act. Existing law requires civil penalties assessed for violation, upon appropriation by the Legislature, to be available to the State Fire Marshal to provide hazardous liquid fire suppression training to local fire departments.This bill would additionally authorize the assessed civil penalties to be used to provide fire responder training for hazardous gas suppression training to local fire departments.Existing law prohibits the use of requires that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration projects until project once the federal Pipeline and Hazardous Materials Safety Administration has concluded a specified its rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline and the project operator demonstrates that the pipelines meet those standards. pipeline.
This bill would limit the language restricting the transportation of carbon dioxide by pipelines pipeline to apply only to federally regulated interstate pipelines. The bill pipelines, and would require that intrastate pipelines be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration projects project only after the State Fire Marshal adopts its regulations pursuant to the bill and only once the project operator demonstrates that the pipelines meet pipeline meets the standards in those regulations.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law assesses a civil penalty for a violation of the act or regulations adopted pursuant to the act. Existing law requires civil penalties assessed for violation, upon appropriation by the Legislature, to be available to the State Fire Marshal to provide hazardous liquid fire suppression training to local fire departments.
This bill would additionally authorize the assessed civil penalties to be used to provide fire responder training for hazardous gas response and suppression training to local fire departments.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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 specified reasons.
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.
Under the Elder California Pipeline Safety Act of 1981, the State Fire Marshal exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The act imposes various requirements in relation to the regulation of these intrastate pipelines. A person who willfully and knowingly violates the act or a regulation adopted pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030.
This bill would expand the regulation of intrastate pipelines under the act to intrastate pipelines used for the transportation of carbon dioxide by revising revise the definition of pipeline pipeline, for purposes of the act to also act, to include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by April 1, 2026, to adopt regulations to regulate the governing the safe transportation of carbon dioxide by a pipeline, with safety standards that, at a minimum, meet the standards proposed by in pipelines that are equivalent to certain draft federal regulations proposed regulations issued by the federal Pipeline and Hazardous Materials Safety Administration. The bill would require the regulations to require a project applicant to demonstrate that the transportation of carbon dioxide in a pipeline complies with certain state laws. The bill would require the regulations to require pipelines permitted to transport carbon dioxide to be newly constructed and not converted from existing pipelines. The bill would authorize the State Fire Marshal to require additional safety standards, as specified. Administration on January 10, 2025. The bill would authorize the State Fire Marshal to amend those regulations, as provided. The bill would authorize the State Fire Marshal to require an operator of Marshal, for a pipeline transporting carbon dioxide to cease operation of the pipeline if the operator is found to be in violation of the specified requirements dioxide, to order a pipeline shutdown for violations of state or federal laws, or if continued pipeline operations present an immediate danger to the public health, welfare, or the environment. Because a violation of the above provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal, at least once every 5 years, to assess the additional safety standards and to amend the regulations to increase the safety standards. The bill would require the State Fire Marshal to establish, until January 1, 2036, the Carbon Dioxide Pipeline Safety Advisory Committee, as provided, for purpose of providing the State Fire Marshal with recommendations regarding additional safety standards for pipelines transporting carbon dioxide, informing local agencies and pipeline operators transporting carbon dioxide of changes in applicable laws and regulations affecting the operating of pipelines, and reviewing proposed carbon dioxide pipeline safety regulations. The bill would provide require that to be recognized by the state board for meeting any requirement under the California Global Warming Solutions Act of 2006, carbon dioxide transported by pipeline is to be transported only by pipelines meeting or exceeding the standards adopted by the State Fire Marshal.
Existing law assesses a civil penalty for a violation of the act or regulations adopted pursuant to the act. Existing law requires civil penalties assessed for violation, upon appropriation by the Legislature, to be available to the State Fire Marshal to provide hazardous liquid fire suppression training to local fire departments.
This bill would additionally authorize the assessed civil penalties to be used to provide fire responder training for hazardous gas suppression training to local fire departments.
Existing law prohibits the use of pipelines to transport carbon dioxide to or from carbon dioxide capture, removal, or sequestration projects until the federal Pipeline and Hazardous Materials Safety Administration has concluded a specified rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline and the project operator demonstrates that the pipelines meet those standards.
This bill would instead require pipelines limit the language restricting the transportation of carbon dioxide by pipelines only to federally regulated interstate pipelines. The bill would require that intrastate pipelines be used to transport carbon dioxide to or from carbon dioxide capture, removal, or sequestration projects to comply with the regulations adopted by only after the State Fire Marshal regulating the transportation of carbon dioxide by a pipeline and would require adopts its regulations pursuant to the bill and only once the project operator to demonstrate demonstrates that the pipelines meet the standards in those regulations.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under the Elder California Pipeline Safety Act of 1981, the State Fire Marshal exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The act imposes various requirements in relation to the regulation of these intrastate pipelines. A person who willfully and knowingly violates the act or a regulation adopted pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030.
This bill would expand the regulation of intrastate pipelines under the act to intrastate pipelines used for the transportation of carbon dioxide by revising the definition of pipeline for purposes of the act to also include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by April 1, 2026, to adopt regulations to regulate the transportation of carbon dioxide by a pipeline, with safety standards that, at a minimum, meet the standards proposed by certain draft federal regulations proposed by the federal Pipeline and Hazardous Materials Safety Administration. The bill would require the regulations to require a project applicant to demonstrate that the transportation of carbon dioxide in a pipeline complies with certain state laws. The bill would require the regulations to require pipelines permitted to transport carbon dioxide to be newly constructed and not converted from existing pipelines. The bill would authorize the State Fire Marshal to require additional safety standards, as specified. The bill would authorize the State Fire Marshal to require an operator of a pipeline transporting carbon dioxide to cease operation of the pipeline if the operator is found to be in violation of the specified requirements or if continued pipeline operations present an immediate danger to the health, welfare, or the environment. Because a violation of the above provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal, at least once every 5 years, to assess the additional safety standards and to amend the regulations to increase the safety standards. The bill would require the State Fire Marshal to establish, until January 1, 2036, the Carbon Dioxide Pipeline Safety Advisory Committee, as provided, for purpose of providing the State Fire Marshal with recommendations regarding additional safety standards for pipelines transporting carbon dioxide, informing local agencies and pipeline operators transporting carbon dioxide of changes in applicable laws and regulations affecting the operating of pipelines, and reviewing proposed carbon dioxide pipeline safety regulations. The bill would provide that to be recognized by the state board for meeting any requirement under the California Global Warming Solutions Act of 2006, carbon dioxide transported by pipeline is to be transported only by pipelines meeting or exceeding the standards adopted by the State Fire Marshal.
Existing law assesses a civil penalty for a violation of the act or regulations adopted pursuant to the act. Existing law requires civil penalties assessed for violation, upon appropriation by the Legislature, to be available to the State Fire Marshal to provide hazardous liquid fire suppression training to local fire departments.
This bill would additionally authorize the assessed civil penalties to be used to provide fire responder training for hazardous gas suppression training to local fire departments.
Existing law prohibits the use of pipelines to transport carbon dioxide to or from carbon dioxide capture, removal, or sequestration projects until the federal Pipeline and Hazardous Materials Safety Administration has concluded a specified rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline and the project operator demonstrates that the pipelines meet those standards.
This bill would instead require pipelines used to transport carbon dioxide to or from carbon dioxide capture, removal, or sequestration projects to comply with the regulations adopted by the State Fire Marshal regulating the transportation of carbon dioxide by a pipeline and would require the project operator to demonstrate that the pipelines meet those regulations.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under the Elder California Pipeline Safety Act of 1981, the State Fire Marshal exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The act imposes various requirements in relation to the regulation of these intrastate pipelines. A person who willfully and knowingly violates the act or a regulation adopted pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
This bill would expand the regulation of intrastate pipelines under the act to intrastate pipelines used for the transportation of carbon dioxide by revising the definition of pipeline for purposes of the act to also include intrastate pipelines used for the transportation of carbon dioxide. The bill would prohibit require the State Fire Marshal from permitting the transportation of carbon dioxide by pipeline unless the applicant demonstrates that the transportation of carbon dioxide in a pipeline complies with Marshal, by April 1, 2026, to adopt regulations to regulate the transportation of carbon dioxide by a pipeline, with safety standards that, at a minimum, meet the standards proposed by certain draft federal regulations proposed by the federal Pipeline and Hazardous Materials Safety Administration and Administration. The bill would require the regulations to require a project applicant to demonstrate that the transportation of carbon dioxide in a pipeline complies with certain state laws. The bill would authorize the State Fire Marshal to require additional safety standards, as specified. The bill would authorize the State Fire Marshal to require an operator of a pipeline transporting carbon dioxide to cease operation of the pipeline if the operator is found to be in violation of the specified requirements or if continued pipeline operations present an immediate danger to the health, welfare, or the environment. Because a violation of the above provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal to establish establish, until January 1, 2036, the Carbon Dioxide Pipeline Safety Advisory Committee, as provided, for purpose of providing the State Fire Marshal with recommendations regarding additional safety standards for pipelines transporting carbon dioxide and dioxide, informing local agencies and pipeline operators transporting carbon dioxide of changes in applicable laws and regulations affecting the operating of pipelines pipelines, and reviewing proposed carbon dioxide pipeline safety regulations.
Existing law assesses a civil penalty for a violation of the act or regulations adopted pursuant to the act. Existing law requires civil penalties assessed for violation, upon appropriation by the Legislature, to be available to the State Fire Marshal to provide hazardous liquid fire suppression training to local fire departments.
This bill would additionally authorize the assessed civil penalties to be used to provide fire responder training for hazardous gas suppression training to local fire departments.
Existing law prohibits the use of pipelines to transport carbon dioxide to or from carbon dioxide capture, removal, or sequestration projects until the federal Pipeline and Hazardous Materials Safety Administration has concluded a specified rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline and the project operator demonstrates that the pipelines meet those standards.
This bill would instead require pipelines used to transport carbon dioxide to or from carbon dioxide capture, removal, or sequestration projects to be in compliance with the requirements of these provisions. to comply with the regulations adopted by the State Fire Marshal regulating the transportation of carbon dioxide by a pipeline and would require the project operator to demonstrate that the pipelines meet those regulations.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under the Elder California Pipeline Safety Act of 1981, the State Fire Marshal exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The act imposes various requirements in relation to the regulation of these intrastate pipelines. A person who willfully and knowingly violates the act or a regulation adopted pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
This bill would expand the regulation of intrastate pipelines under the act to intrastate pipelines used for the transportation of carbon dioxide by revising the definition of pipeline for purposes of the act to also include intrastate pipelines used for the transportation of carbon dioxide. The bill would prohibit the State Fire Marshal from permitting the transportation of carbon dioxide by pipeline unless the applicant demonstrates that the transportation of carbon dioxide in a pipeline complies with certain draft federal regulations proposed by the federal Pipeline and Hazardous Materials Safety Administration and certain state laws. The bill would authorize the State Fire Marshal to require additional safety standards, as specified. The bill would authorize the State Fire Marshal to require an operator of a pipeline transporting carbon dioxide to cease operation of the pipeline if the operator is found to be in violation of the specified requirements or if continued pipeline operations present an immediate danger to the health, welfare, or the environment. Because a violation of the above provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal to establish the Carbon Dioxide Pipeline Safety Advisory Committee, as provided, for purpose of providing the State Fire Marshal with recommendations regarding additional safety standards for pipelines transporting carbon dioxide and informing local agencies and pipeline operators transporting carbon dioxide of changes in applicable laws and regulations affecting the operating of pipelines and reviewing proposed carbon dioxide pipeline safety regulations.
Existing law assesses a civil penalty for a violation of the act or regulations adopted pursuant to the act. Existing law requires civil penalties assessed for violation, upon appropriation by the Legislature, to be available to the State Fire Marshal to provide hazardous liquid fire suppression training to local fire departments.
This bill would additionally authorize the assessed civil penalties to be used to provide fire responder training for hazardous gas suppression training to local fire departments.
Existing law prohibits the use of pipelines to transport carbon dioxide to or from carbon dioxide capture, removal, or sequestration projects until the federal Pipeline and Hazardous Materials Safety Administration has concluded a specified rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline and the project operator demonstrates that the pipelines meet those standards.
This bill would instead require pipelines used to transport carbon dioxide to or from carbon dioxide capture, removal, or sequestration projects to be in compliance with the requirements of these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits the use of potable water, as defined, for nonfunctional turf located on common areas of properties of homeowners associations, common interest developments, and community service organizations or similar entities, starting January 1, 2029.This bill would prohibit that use of potable water one year earlier.Existing law prohibits the use of potable water, as defined, for nonfunctional turf located on common areas of properties of homeowners associations, common interest developments, and community service organizations or similar entities, starting January 1, 2029.
This bill would prohibit that use of potable water one year earlier.
(a)The Legislature finds and declares both of the following:
(1)Chapter 359 of the Statutes of 2022 directs the State Air Resources Board, in consultation with other state agencies, to create a state carbon capture and storage (CCUS) program aimed at accelerating the deployment of carbon management technologies. Under that statute, the state board must adopt regulations for CCUS and direct air capture project operators. The state board must also make available a permitting portal to allow project operators to submit all permit-related information through one online platform. That statute also required the Natural Resources Agency to establish a state framework for intrastate pipelines carrying carbon dioxide fluid and to publish a framework governing agreements for the purposes of managing a carbon dioxide sequestration project reservoir. The framework for the pipelines was completed in early 2023 and work on the framework governing agreements is beginning.
(2)On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA), under former President Biden, released a draft regulation that serves as a comprehensive safety framework for carbon dioxide and hazardous liquid pipelines. PHMSA is the federal agency charged with establishing regulations for the transportation of carbon dioxide.
(b)It is the intent of the Legislature to ensure that any intrastate transportation of carbon dioxide be done in a manner that minimizes risks to public and environmental health and safety.
SEC. 2.Section 51010 of the Government Code is amended to read:51010.It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.
SEC. 3.Section 51010.5 of the Government Code is amended to read:51010.5.As used in this chapter, the following definitions apply:
(a)Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. Pipeline does not include any of the following:
(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations.
(2)A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3)Transportation of petroleum in onshore gathering lines located in rural areas.
(4)A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(5)Transportation of a hazardous liquid by a flow line.
(6)A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.
(7)Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation.
(8)Transportation of carbon dioxide through piping or equipment used in the production, including flow lines, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide necessary for the preparation of carbon dioxide for transportation by pipeline at production, including flow lines, refining, or manufacturing facilities.
(b)Emergency planning zone means the area within two miles of either side of a pipeline used to transport carbon dioxide, measured from the centerline of the pipeline.
(c)Flow line means a pipeline that transports hazardous liquid substances from the wellhead to a treating facility or production storage facility.
(d)Hydrostatic testing means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium.
(e)Local agency means a city, county, or fire protection district.
(f)Rural area means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development.
(g)Gathering line means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
(h)Production facility means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline.
(i)Public drinking water well means a wellhead that provides drinking water to a public water system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code.
(j)GIS mapping system means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public.
(k)Motor vehicle fuel includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, that is used or is usable for propelling motor vehicles operated by the explosion type engine. Motor vehicle fuel does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.
(l)Oxygenate means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an oxygenated fuel pursuant to Section 7545 of Title 42 of the United States Code.
(m)(1)Sensitive receptor means any of the following:
(A)An education facility, including a preschool, school with transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, daycare center, park, playground, college, or university.
(B)A community resource center, including a youth center.
(C)A health care facility, including a hospital, retirement home, or nursing home.
(D)Live-in housing, including a long-term care hospital, hospice, prison, detention center, or dormitory.
(E)A residence, including a private home, condominium, apartment, and living quarter.
(F)A building that is a business that is open to the public.
(2)A sensitive receptor does not include a facility or building set forth in paragraph (1) that is not certified for occupancy or has been abandoned.
SEC. 4.Section 51011.5 is added to the Government Code, to read:51011.5.(a)(1)(A)On or before July 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are, at a minimum, as protective as the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(B)(i)Regulations adopted pursuant to this section, or any amendment to those regulations, shall be adopted by the Office of the State Fire Marshal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the State Fire Marshal.
(ii)Regulations adopted pursuant to this section, or any amendment to those regulations, shall not be considered major regulations as defined in Section 11342.548.
(iii)Regulations adopted pursuant to this section, or any amendment to those regulations, is exempt from the requirements of Section 11346.36 and related laws and regulations for a standardized regulatory impact analysis.
(C)The State Fire Marshal shall consider the use of odorants and shall require the use of odorants if it finds the use of an odorant is feasible, safe, and effective.
(2)The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:
(A)Pipeline design.
(B)Fracture mechanics.
(C)Pipeline materials.
(D)Valve materials.
(E)Pipeline location.
(F)Potential impact areas of a release.
(G)Land movement.
(H)Operation.
(I)Odorant requirements.
(J)Leak detection.
(K)Emergency response.
(L)Carbon dioxide contaminants.
(M)Maintenance.
(b)(1)All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.
(2)A pipeline transporting carbon dioxide within a single facility or property and whose construction is permitted before July 1, 2025, shall not be required to subsequently comply with those regulations that pertain to design and construction if the pipeline is constructed to meet the standards of the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(c)At least once every five years, the State Fire Marshal shall assess the safety standards specified in subdivision (b) and may amend the regulations to update safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines.
(d)A pipeline originally constructed to transport any other liquid or gas shall not be approved to transport carbon dioxide.
(e)A pipeline transporting carbon dioxide shall not be constructed of previously used pipe or components.
SEC. 5.Section 51011.6 is added to the Government Code, to read:51011.6.(a)An operator shall not be permitted to construct a pipeline to transport carbon dioxide in a location where one or more sensitive receptors are located within the emergency planning zone unless an analysis based on validated, engineering-based computational fluid dynamics modeling that assesses the potential for one or more sensitive receptors to be harmed by exposure to carbon dioxide from a pipeline rupture determines that the risk of exposure to carbon dioxide is within an acceptable range as determined by the lead agency, as defined in Section 21067 of the Public Resources Code.
(b)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the State Fire Marshal shall not be considered a lead agency for a project that includes the construction of a pipeline to transport carbon dioxide.
SEC. 6.Section 51015.06 is added to the Government Code, to read:51015.06.(a)(1)An operator of a pipeline transporting carbon dioxide shall submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) an emergency planning zone inventory and map that includes all of the following:
(A)A list of all sensitive receptors within the emergency planning zone that encompasses the pipeline.
(B)A detailed map showing the location and distance to the pipeline of each sensitive receptor within the emergency planning zone.
(C)A graphic representation of the results of the validated, engineering-based computational fluid dynamics modeling, if any, used the purposes of Section 51011.6.
(2)The inventory and map shall be submitted in a format determined by the State Fire Marshal that complies with the accessibility standards specified in subdivision (a) of Section 11546.7.
(b)The operator of a pipeline carrying carbon dioxide shall provide, at least once every three years, a copy of the inventory and map determined by the State Fire Marshal and the lead agency to be complete and accurate and any updates to the inventory and map to local governments providing emergency response services to sensitive receptors within the emergency planning zone that encompasses the pipeline.
(c)The State Fire Marshal and the lead agency shall review, at least once every three years, the inventory and map submitted pursuant to subdivision (a) for completeness and accuracy and shall notify the operator of any discrepancy in the submitted inventory and map.
(d)(1)Subject to paragraph (2), the State Fire Marshal and the lead agency shall make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate.
(2)The State Fire Marshal and the lead agency shall redact any personally identifiable information from the inventory and map made available to the public and shall maintain that information as confidential matter.
(e)The operator of a pipeline carrying carbon dioxide shall provide sensitive receptors identified by the validated, engineering-based computational fluid dynamics modeling with the redacted map consistent with subdivision (a) on an annual basis consistent with requirements of Section 195.440 of Title 49 of the Code of Federal Regulations for public awareness.
SEC. 7.Section 51018.6 of the Government Code is amended to read:51018.6.(a)The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations.
(b)If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations.
(c)The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require.
(d)A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a).
(e)The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training or first responder training for hazardous gas response and suppression to local fire departments.
SEC. 8.Section 51018.9 is added to the Government Code, to read:51018.9.For a pipeline transporting carbon dioxide, all of the following shall apply:
(a)The State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
(b)In the event of a pipeline rupture, the pipeline shall remain nonoperational until an investigation into the pipeline rupture is completed and determines the origin and cause of the pipeline rupture.
(c)The State Fire Marshal, in consultation with appropriate local, state, and federal agencies, shall determine if or when a pipeline may resume operations.
SEC. 9.Section 39741.7 is added to the Health and Safety Code, to read:39741.7.To be recognized by the state board for a requirement adopted pursuant to Division 25.5 (commencing with Section 38500), carbon dioxide transported by pipeline shall be transported only using pipelines that meet or exceed the standards adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
SEC. 10.Section 116375 of the Health and Safety Code is amended to read:116375.The department shall adopt regulations it determines to be necessary to carry out the purposes of this chapter. The regulations shall include, but not be limited to, all of the following:
(a) The monitoring of contaminants, including the type of contaminant, frequency and method of sampling and testing, and the reporting of results.
(b) The monitoring of unregulated contaminants for which drinking water standards have not been established by the department. The requirements shall be not less stringent than those adopted pursuant to paragraph (2) of subsection (a) of Section 1445 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300j-4 (a)(2)). Until the time that the department adopts regulations regarding the monitoring of unregulated contaminants, the department may, by order, require any public water system that has been shown to contain detectable levels of any unregulated contaminants to conduct periodic water analyses in accordance with conditions specified by the department. The water analyses shall be reported on a quarterly basis unless the department finds that more or less frequent analysis is necessary.
(c) Requirements for the design, operation, and maintenance of public water systems, including, but not limited to, waterworks standards and the control of cross-connections, that the department determines are necessary to obtain, treat, and distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water.
(d) Requirements for treatment, including disinfection of water supplies.
(e) Requirements for the filtration of surface water supplies at least as stringent as regulations promulgated pursuant to subparagraph (C) of paragraph (7) of subsection (b) of Section 1412 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300g-1 (b)(7)(C)).
(f) Requirements for notifying the public of the quality of the water delivered to consumers.
(g) Minimum acceptable financial assurances that a public water system shall be required to submit as a demonstration of its capability to provide for the ongoing operation, maintenance, and upgrading of the system, including compliance with monitoring and treatment requirements and contingencies. For privately owned systems not regulated by the Public Utilities Commission, the financial assurance may be in the form of a trust fund, surety bond, letter of credit, insurance, or other equivalent financial arrangement acceptable to the department.
(h) Program requirements for the conduct of the public water system program by a local health officer under a primacy delegation from the department as set forth in this chapter. The requirements shall include, but not be limited to, the issuance of permits, surveillance and inspections, reporting of monitoring and compliance data, and the taking of enforcement actions.
(i) Methods for determination of the number of persons served by a public water system for drinking water regulatory purposes.
(j) The adoption by the State Department of Health Services, in consultation with the State Water Resources Control Board and representatives from operators of public water systems, of emergency regulations for the uniform, scientific sampling, and analytical testing protocols for oxygenates as defined in subdivision (l) of Section 51010.5 of the Government Code.
SEC. 11.Section 21087 is added to the Public Resources Code, to read:21087.(a)For purposes of this section, the following definitions apply:
(1)Equivalent documentation means a plan or other written documentation described in paragraph (3) of subdivision (d) of Section 21080.5.
(2)Sensitive receptors has the same meaning as set forth in Section 51010.5 of the Government Code.
(b)For a project that includes the construction of a pipeline transporting carbon dioxide subject to the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code), the lead agency shall prepare or cause to be prepared and certify an environmental impact report consistent with this division or equivalent documentation.
(c)(1)In addition to other notices required by this division or by another law, the lead agency shall, upon the completion of a draft environmental impact report or draft equivalent documentation, provide a notice to owners and operators of sensitive receptors that are within one-quarter mile of the proposed pipeline and to the State Fire Marshal in a manner consistent with Section 21092, that includes all of the following:
(A)A brief description of the proposed pipeline that includes the proposed map required by subdivision (a) of Section 51015.06 of the Government Code.
(B)The proposed location of the proposed pipeline depicted on a United States Geological Survey topographical map identified by quadrangle name.
(C)An address where copies of the draft document are available.
(D)The review period during which comments will be received on the draft document.
(2)This subdivision shall not be construed in any manner that results in the invalidation of an action by the lead agency because of the failure of a person to receive a notice under this subdivision if there has been substantial compliance with the requirements of this subdivision.
(d)(1)At least 60 days before certification of the environmental impact report or the adoption of equivalent documentation, the lead agency shall notify the State Fire Marshal of the project and provide sufficient information for the State Fire Marshal to make a determination pursuant to this subdivision.
(2)Upon notification of the project, the State Fire Marshal shall provide to the lead agency a written confirmation whether the proposed pipeline is consistent with the requirements of the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code).
(3)The State Fire Marshal shall make publicly available on its internet website the determination made pursuant to paragraph (1).
SEC. 12.Section 71465 of the Public Resources Code is amended to read:71465.(a)(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards.
(2)A pipeline, as defined in Section 51010.5 of the Government Code, shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the State Fire Marshal adopts regulations pursuant to Section 51011.5 of the Government Code and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets the standards in those regulations. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 13.The Legislature finds and declares that Section 6 of this act, which adds Section 51015.06 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The need to protect the privacy of individuals outweighs the need for public disclosure of personally identifiable information contained in the emergency planning zone inventories and maps.
SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article 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)The Legislature finds and declares both of the following:
(1)Chapter 359 of the Statutes of 2022 directs the State Air Resources Board, in consultation with other state agencies, to create a state carbon capture and storage (CCUS) program aimed at accelerating the deployment of carbon management technologies. Under that statute, the state board must adopt regulations for CCUS and direct air capture project operators. The state board must also make available a permitting portal to allow project operators to submit all permit-related information through one online platform. That statute also required the Natural Resources Agency to establish a state framework for intrastate pipelines carrying carbon dioxide fluid and to publish a framework governing agreements for the purposes of managing a carbon dioxide sequestration project reservoir. The framework for the pipelines was completed in early 2023 and work on the framework governing agreements is beginning.
(2)On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA), under former President Biden, released a draft regulation that serves as a comprehensive safety framework for carbon dioxide and hazardous liquid pipelines. PHMSA is the federal agency charged with establishing regulations for the transportation of carbon dioxide.
(b)It is the intent of the Legislature to ensure that any intrastate transportation of carbon dioxide be done in a manner that minimizes risks to public and environmental health and safety.
SEC. 2.Section 51010 of the Government Code is amended to read:51010.It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.
SEC. 3.Section 51010.5 of the Government Code is amended to read:51010.5.As used in this chapter, the following definitions apply:
(a)Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. Pipeline does not include any of the following:
(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations.
(2)A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3)Transportation of petroleum in onshore gathering lines located in rural areas.
(4)A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(5)Transportation of a hazardous liquid by a flow line.
(6)A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.
(7)Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation.
(8)Transportation of carbon dioxide through piping or equipment used in the production, including flow lines, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide necessary for the preparation of carbon dioxide for transportation by pipeline at production, including flow lines, refining, or manufacturing facilities.
(b)Emergency planning zone means the area within two miles of either side of a pipeline used to transport carbon dioxide, measured from the centerline of the pipeline.
(c)Flow line means a pipeline that transports hazardous liquid substances from the wellhead to a treating facility or production storage facility.
(d)Hydrostatic testing means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium.
(e)Local agency means a city, county, or fire protection district.
(f)Rural area means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development.
(g)Gathering line means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
(h)Production facility means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline.
(i)Public drinking water well means a wellhead that provides drinking water to a public water system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code.
(j)GIS mapping system means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public.
(k)Motor vehicle fuel includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, that is used or is usable for propelling motor vehicles operated by the explosion type engine. Motor vehicle fuel does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.
(l)Oxygenate means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an oxygenated fuel pursuant to Section 7545 of Title 42 of the United States Code.
(m)(1)Sensitive receptor means any of the following:
(A)An education facility, including a preschool, school with transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, daycare center, park, playground, college, or university.
(B)A community resource center, including a youth center.
(C)A health care facility, including a hospital, retirement home, or nursing home.
(D)Live-in housing, including a long-term care hospital, hospice, prison, detention center, or dormitory.
(E)A residence, including a private home, condominium, apartment, and living quarter.
(F)A building that is a business that is open to the public.
(2)A sensitive receptor does not include a facility or building set forth in paragraph (1) that is not certified for occupancy or has been abandoned.
SEC. 4.Section 51011.5 is added to the Government Code, to read:51011.5.(a)(1)(A)On or before July 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are, at a minimum, as protective as the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(B)(i)Regulations adopted pursuant to this section, or any amendment to those regulations, shall be adopted by the Office of the State Fire Marshal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the State Fire Marshal.
(ii)Regulations adopted pursuant to this section, or any amendment to those regulations, shall not be considered major regulations as defined in Section 11342.548.
(iii)Regulations adopted pursuant to this section, or any amendment to those regulations, is exempt from the requirements of Section 11346.36 and related laws and regulations for a standardized regulatory impact analysis.
(C)The State Fire Marshal shall consider the use of odorants and shall require the use of odorants if it finds the use of an odorant is feasible, safe, and effective.
(2)The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:
(A)Pipeline design.
(B)Fracture mechanics.
(C)Pipeline materials.
(D)Valve materials.
(E)Pipeline location.
(F)Potential impact areas of a release.
(G)Land movement.
(H)Operation.
(I)Odorant requirements.
(J)Leak detection.
(K)Emergency response.
(L)Carbon dioxide contaminants.
(M)Maintenance.
(b)(1)All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.
(2)A pipeline transporting carbon dioxide within a single facility or property and whose construction is permitted before July 1, 2025, shall not be required to subsequently comply with those regulations that pertain to design and construction if the pipeline is constructed to meet the standards of the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(c)At least once every five years, the State Fire Marshal shall assess the safety standards specified in subdivision (b) and may amend the regulations to update safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines.
(d)A pipeline originally constructed to transport any other liquid or gas shall not be approved to transport carbon dioxide.
(e)A pipeline transporting carbon dioxide shall not be constructed of previously used pipe or components.
SEC. 5.Section 51011.6 is added to the Government Code, to read:51011.6.(a)An operator shall not be permitted to construct a pipeline to transport carbon dioxide in a location where one or more sensitive receptors are located within the emergency planning zone unless an analysis based on validated, engineering-based computational fluid dynamics modeling that assesses the potential for one or more sensitive receptors to be harmed by exposure to carbon dioxide from a pipeline rupture determines that the risk of exposure to carbon dioxide is within an acceptable range as determined by the lead agency, as defined in Section 21067 of the Public Resources Code.
(b)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the State Fire Marshal shall not be considered a lead agency for a project that includes the construction of a pipeline to transport carbon dioxide.
SEC. 6.Section 51015.06 is added to the Government Code, to read:51015.06.(a)(1)An operator of a pipeline transporting carbon dioxide shall submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) an emergency planning zone inventory and map that includes all of the following:
(A)A list of all sensitive receptors within the emergency planning zone that encompasses the pipeline.
(B)A detailed map showing the location and distance to the pipeline of each sensitive receptor within the emergency planning zone.
(C)A graphic representation of the results of the validated, engineering-based computational fluid dynamics modeling, if any, used the purposes of Section 51011.6.
(2)The inventory and map shall be submitted in a format determined by the State Fire Marshal that complies with the accessibility standards specified in subdivision (a) of Section 11546.7.
(b)The operator of a pipeline carrying carbon dioxide shall provide, at least once every three years, a copy of the inventory and map determined by the State Fire Marshal and the lead agency to be complete and accurate and any updates to the inventory and map to local governments providing emergency response services to sensitive receptors within the emergency planning zone that encompasses the pipeline.
(c)The State Fire Marshal and the lead agency shall review, at least once every three years, the inventory and map submitted pursuant to subdivision (a) for completeness and accuracy and shall notify the operator of any discrepancy in the submitted inventory and map.
(d)(1)Subject to paragraph (2), the State Fire Marshal and the lead agency shall make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate.
(2)The State Fire Marshal and the lead agency shall redact any personally identifiable information from the inventory and map made available to the public and shall maintain that information as confidential matter.
(e)The operator of a pipeline carrying carbon dioxide shall provide sensitive receptors identified by the validated, engineering-based computational fluid dynamics modeling with the redacted map consistent with subdivision (a) on an annual basis consistent with requirements of Section 195.440 of Title 49 of the Code of Federal Regulations for public awareness.
SEC. 7.Section 51018.6 of the Government Code is amended to read:51018.6.(a)The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations.
(b)If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations.
(c)The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require.
(d)A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a).
(e)The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training or first responder training for hazardous gas response and suppression to local fire departments.
SEC. 8.Section 51018.9 is added to the Government Code, to read:51018.9.For a pipeline transporting carbon dioxide, all of the following shall apply:
(a)The State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
(b)In the event of a pipeline rupture, the pipeline shall remain nonoperational until an investigation into the pipeline rupture is completed and determines the origin and cause of the pipeline rupture.
(c)The State Fire Marshal, in consultation with appropriate local, state, and federal agencies, shall determine if or when a pipeline may resume operations.
SEC. 9.Section 39741.7 is added to the Health and Safety Code, to read:39741.7.To be recognized by the state board for a requirement adopted pursuant to Division 25.5 (commencing with Section 38500), carbon dioxide transported by pipeline shall be transported only using pipelines that meet or exceed the standards adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
SEC. 10.Section 116375 of the Health and Safety Code is amended to read:116375.The department shall adopt regulations it determines to be necessary to carry out the purposes of this chapter. The regulations shall include, but not be limited to, all of the following:
(a) The monitoring of contaminants, including the type of contaminant, frequency and method of sampling and testing, and the reporting of results.
(b) The monitoring of unregulated contaminants for which drinking water standards have not been established by the department. The requirements shall be not less stringent than those adopted pursuant to paragraph (2) of subsection (a) of Section 1445 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300j-4 (a)(2)). Until the time that the department adopts regulations regarding the monitoring of unregulated contaminants, the department may, by order, require any public water system that has been shown to contain detectable levels of any unregulated contaminants to conduct periodic water analyses in accordance with conditions specified by the department. The water analyses shall be reported on a quarterly basis unless the department finds that more or less frequent analysis is necessary.
(c) Requirements for the design, operation, and maintenance of public water systems, including, but not limited to, waterworks standards and the control of cross-connections, that the department determines are necessary to obtain, treat, and distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water.
(d) Requirements for treatment, including disinfection of water supplies.
(e) Requirements for the filtration of surface water supplies at least as stringent as regulations promulgated pursuant to subparagraph (C) of paragraph (7) of subsection (b) of Section 1412 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300g-1 (b)(7)(C)).
(f) Requirements for notifying the public of the quality of the water delivered to consumers.
(g) Minimum acceptable financial assurances that a public water system shall be required to submit as a demonstration of its capability to provide for the ongoing operation, maintenance, and upgrading of the system, including compliance with monitoring and treatment requirements and contingencies. For privately owned systems not regulated by the Public Utilities Commission, the financial assurance may be in the form of a trust fund, surety bond, letter of credit, insurance, or other equivalent financial arrangement acceptable to the department.
(h) Program requirements for the conduct of the public water system program by a local health officer under a primacy delegation from the department as set forth in this chapter. The requirements shall include, but not be limited to, the issuance of permits, surveillance and inspections, reporting of monitoring and compliance data, and the taking of enforcement actions.
(i) Methods for determination of the number of persons served by a public water system for drinking water regulatory purposes.
(j) The adoption by the State Department of Health Services, in consultation with the State Water Resources Control Board and representatives from operators of public water systems, of emergency regulations for the uniform, scientific sampling, and analytical testing protocols for oxygenates as defined in subdivision (l) of Section 51010.5 of the Government Code.
SEC. 11.Section 21087 is added to the Public Resources Code, to read:21087.(a)For purposes of this section, the following definitions apply:
(1)Equivalent documentation means a plan or other written documentation described in paragraph (3) of subdivision (d) of Section 21080.5.
(2)Sensitive receptors has the same meaning as set forth in Section 51010.5 of the Government Code.
(b)For a project that includes the construction of a pipeline transporting carbon dioxide subject to the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code), the lead agency shall prepare or cause to be prepared and certify an environmental impact report consistent with this division or equivalent documentation.
(c)(1)In addition to other notices required by this division or by another law, the lead agency shall, upon the completion of a draft environmental impact report or draft equivalent documentation, provide a notice to owners and operators of sensitive receptors that are within one-quarter mile of the proposed pipeline and to the State Fire Marshal in a manner consistent with Section 21092, that includes all of the following:
(A)A brief description of the proposed pipeline that includes the proposed map required by subdivision (a) of Section 51015.06 of the Government Code.
(B)The proposed location of the proposed pipeline depicted on a United States Geological Survey topographical map identified by quadrangle name.
(C)An address where copies of the draft document are available.
(D)The review period during which comments will be received on the draft document.
(2)This subdivision shall not be construed in any manner that results in the invalidation of an action by the lead agency because of the failure of a person to receive a notice under this subdivision if there has been substantial compliance with the requirements of this subdivision.
(d)(1)At least 60 days before certification of the environmental impact report or the adoption of equivalent documentation, the lead agency shall notify the State Fire Marshal of the project and provide sufficient information for the State Fire Marshal to make a determination pursuant to this subdivision.
(2)Upon notification of the project, the State Fire Marshal shall provide to the lead agency a written confirmation whether the proposed pipeline is consistent with the requirements of the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code).
(3)The State Fire Marshal shall make publicly available on its internet website the determination made pursuant to paragraph (1).
SEC. 12.Section 71465 of the Public Resources Code is amended to read:71465.(a)(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards.
(2)A pipeline, as defined in Section 51010.5 of the Government Code, shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the State Fire Marshal adopts regulations pursuant to Section 51011.5 of the Government Code and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets the standards in those regulations. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 13.The Legislature finds and declares that Section 6 of this act, which adds Section 51015.06 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The need to protect the privacy of individuals outweighs the need for public disclosure of personally identifiable information contained in the emergency planning zone inventories and maps.
SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article 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)The Legislature finds and declares both of the following:
(1)Chapter 359 of the Statutes of 2022 directs the State Air Resources Board, in consultation with other state agencies, to create a state carbon capture and storage (CCUS) program aimed at accelerating the deployment of carbon management technologies. Under that statute, the state board must adopt regulations for CCUS and direct air capture project operators. The state board must also make available a permitting portal to allow project operators to submit all permit-related information through one online platform. That statute also required the Natural Resources Agency to establish a state framework for intrastate pipelines carrying carbon dioxide fluid and to publish a framework governing agreements for the purposes of managing a carbon dioxide sequestration project reservoir. The framework for the pipelines was completed in early 2023 and work on the framework governing agreements is beginning.
(2)On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA), under former President Biden, released a draft regulation that serves as a comprehensive safety framework for carbon dioxide and hazardous liquid pipelines. PHMSA is the federal agency charged with establishing regulations for the transportation of carbon dioxide.
(b)It is the intent of the Legislature to ensure that any intrastate transportation of carbon dioxide be done in a manner that minimizes risks to public and environmental health and safety.
SEC. 2.Section 51010 of the Government Code is amended to read:51010.It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.
SEC. 3.Section 51010.5 of the Government Code is amended to read:51010.5.As used in this chapter, the following definitions apply:
(a)Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. Pipeline does not include any of the following:
(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations.
(2)A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3)Transportation of petroleum in onshore gathering lines located in rural areas.
(4)A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(5)Transportation of a hazardous liquid by a flow line.
(6)A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.
(7)Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation.
(8)Transportation of carbon dioxide through piping or equipment used in the production, including flow lines, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide necessary for the preparation of carbon dioxide for transportation by pipeline at production, including flow lines, refining, or manufacturing facilities.
(b)Emergency planning zone means the area within two miles of either side of a pipeline used to transport carbon dioxide, measured from the centerline of the pipeline.
(c)Flow line means a pipeline that transports hazardous liquid substances from the wellhead to a treating facility or production storage facility.
(d)Hydrostatic testing means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium.
(e)Local agency means a city, county, or fire protection district.
(f)Rural area means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development.
(g)Gathering line means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
(h)Production facility means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline.
(i)Public drinking water well means a wellhead that provides drinking water to a public water system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code.
(j)GIS mapping system means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public.
(k)Motor vehicle fuel includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, that is used or is usable for propelling motor vehicles operated by the explosion type engine. Motor vehicle fuel does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.
(l)Oxygenate means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an oxygenated fuel pursuant to Section 7545 of Title 42 of the United States Code.
(m)(1)Sensitive receptor means any of the following:
(A)An education facility, including a preschool, school with transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, daycare center, park, playground, college, or university.
(B)A community resource center, including a youth center.
(C)A health care facility, including a hospital, retirement home, or nursing home.
(D)Live-in housing, including a long-term care hospital, hospice, prison, detention center, or dormitory.
(E)A residence, including a private home, condominium, apartment, and living quarter.
(F)A building that is a business that is open to the public.
(2)A sensitive receptor does not include a facility or building set forth in paragraph (1) that is not certified for occupancy or has been abandoned.
SEC. 4.Section 51011.5 is added to the Government Code, to read:51011.5.(a)(1)(A)On or before July 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are, at a minimum, as protective as the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(B)(i)Regulations adopted pursuant to this section, or any amendment to those regulations, shall be adopted by the Office of the State Fire Marshal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. 2 of the Government Code. The adoption of the initial regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the State Fire Marshal.
(ii)Regulations adopted pursuant to this section, or any amendment to those regulations, shall not be considered major regulations as defined in Section 11342.548.
(iii)Regulations adopted pursuant to this section, or any amendment to those regulations, is exempt from the requirements of Section 11346.36 and related laws and regulations for a standardized regulatory impact analysis.
(C)The State Fire Marshal shall consider the use of odorants and shall require the use of odorants if it finds the use of an odorant is feasible, safe, and effective.
(2)The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:
(A)Pipeline design.
(B)Fracture mechanics.
(C)Pipeline materials.
(D)Valve materials.
(E)Pipeline location.
(F)Potential impact areas of a release.
(G)Land movement.
(H)Operation.
(I)Odorant requirements.
(J)Leak detection.
(K)Emergency response.
(L)Carbon dioxide contaminants.
(M)Maintenance.
(b)(1)All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.
(2)A pipeline transporting carbon dioxide within a single facility or property and whose construction is permitted before July 1, 2025, shall not be required to subsequently comply with those regulations that pertain to design and construction if the pipeline is constructed to meet the standards of the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(c)At least once every five years, the State Fire Marshal shall assess the safety standards specified in subdivision (b) and may amend the regulations to update safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines.
(d)A pipeline originally constructed to transport any other liquid or gas shall not be approved to transport carbon dioxide.
(e)A pipeline transporting carbon dioxide shall not be constructed of previously used pipe or components.
SEC. 5.Section 51011.6 is added to the Government Code, to read:51011.6.(a)An operator shall not be permitted to construct a pipeline to transport carbon dioxide in a location where one or more sensitive receptors are located within the emergency planning zone unless an analysis based on validated, engineering-based computational fluid dynamics modeling that assesses the potential for one or more sensitive receptors to be harmed by exposure to carbon dioxide from a pipeline rupture determines that the risk of exposure to carbon dioxide is within an acceptable range as determined by the lead agency, as defined in Section 21067 of the Public Resources Code.
(b)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the State Fire Marshal shall not be considered a lead agency for a project that includes the construction of a pipeline to transport carbon dioxide.
SEC. 6.Section 51015.06 is added to the Government Code, to read:51015.06.(a)(1)An operator of a pipeline transporting carbon dioxide shall submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) an emergency planning zone inventory and map that includes all of the following:
(A)A list of all sensitive receptors within the emergency planning zone that encompasses the pipeline.
(B)A detailed map showing the location and distance to the pipeline of each sensitive receptor within the emergency planning zone.
(C)A graphic representation of the results of the validated, engineering-based computational fluid dynamics modeling, if any, used the purposes of Section 51011.6.
(2)The inventory and map shall be submitted in a format determined by the State Fire Marshal that complies with the accessibility standards specified in subdivision (a) of Section 11546.7.
(b)The operator of a pipeline carrying carbon dioxide shall provide, at least once every three years, a copy of the inventory and map determined by the State Fire Marshal and the lead agency to be complete and accurate and any updates to the inventory and map to local governments providing emergency response services to sensitive receptors within the emergency planning zone that encompasses the pipeline.
(c)The State Fire Marshal and the lead agency shall review, at least once every three years, the inventory and map submitted pursuant to subdivision (a) for completeness and accuracy and shall notify the operator of any discrepancy in the submitted inventory and map.
(d)(1)Subject to paragraph (2), the State Fire Marshal and the lead agency shall make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate.
(2)The State Fire Marshal and the lead agency shall redact any personally identifiable information from the inventory and map made available to the public and shall maintain that information as confidential matter.
(e)The operator of a pipeline carrying carbon dioxide shall provide sensitive receptors identified by the validated, engineering-based computational fluid dynamics modeling with the redacted map consistent with subdivision (a) on an annual basis consistent with requirements of Section 195.440 of Title 49 of the Code of Federal Regulations for public awareness.
SEC. 7.Section 51018.6 of the Government Code is amended to read:51018.6.(a)The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations.
(b)If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations.
(c)The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require.
(d)A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a).
(e)The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training or first responder training for hazardous gas response and suppression to local fire departments.
SEC. 8.Section 51018.9 is added to the Government Code, to read:51018.9.For a pipeline transporting carbon dioxide, all of the following shall apply:
(a)The State Fire Marshal may order a pipeline shutdown for violations of state or federal law law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
(b)In the event of a pipeline rupture, the pipeline shall remain nonoperational until an investigation into the pipeline rupture is completed and determines the origin and cause of the pipeline rupture.
(c)The State Fire Marshal, in consultation with appropriate local, state, and federal agencies, shall determine if or when a pipeline may resume operations.
SEC. 9.Section 39741.7 is added to the Health and Safety Code, to read:39741.7.To be recognized by the state board for a requirement adopted pursuant to Division 25.5 (commencing with Section 38500), carbon dioxide transported by pipeline shall be transported only using pipelines that meet or exceed the standards adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
SEC. 10.Section 116375 of the Health and Safety Code is amended to read:116375.The department shall adopt regulations it determines to be necessary to carry out the purposes of this chapter. The regulations shall include, but not be limited to, all of the following:
(a) The monitoring of contaminants, including the type of contaminant, frequency and method of sampling and testing, and the reporting of results.
(b) The monitoring of unregulated contaminants for which drinking water standards have not been established by the department. The requirements shall be not less stringent than those adopted pursuant to paragraph (2) of subsection (a) of Section 1445 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300j-4 (a)(2)). Until the time that the department adopts regulations regarding the monitoring of unregulated contaminants, the department may, by order, require any public water system that has been shown to contain detectable levels of any unregulated contaminants to conduct periodic water analyses in accordance with conditions specified by the department. The water analyses shall be reported on a quarterly basis unless the department finds that more or less frequent analysis is necessary.
(c) Requirements for the design, operation, and maintenance of public water systems, including, but not limited to, waterworks standards and the control of cross-connections, that the department determines are necessary to obtain, treat, and distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water.
(d) Requirements for treatment, including disinfection of water supplies.
(e) Requirements for the filtration of surface water supplies at least as stringent as regulations promulgated pursuant to subparagraph (C) of paragraph (7) of subsection (b) of Section 1412 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300g-1 (b)(7)(C)).
(f) Requirements for notifying the public of the quality of the water delivered to consumers.
(g) Minimum acceptable financial assurances that a public water system shall be required to submit as a demonstration of its capability to provide for the ongoing operation, maintenance, and upgrading of the system, including compliance with monitoring and treatment requirements and contingencies. For privately owned systems not regulated by the Public Utilities Commission, the financial assurance may be in the form of a trust fund, surety bond, letter of credit, insurance, or other equivalent financial arrangement acceptable to the department.
(h) Program requirements for the conduct of the public water system program by a local health officer under a primacy delegation from the department as set forth in this chapter. The requirements shall include, but not be limited to, the issuance of permits, surveillance and inspections, reporting of monitoring and compliance data, and the taking of enforcement actions.
(i) Methods for determination of the number of persons served by a public water system for drinking water regulatory purposes.
(j) The adoption by the State Department of Health Services, in consultation with the State Water Resources Control Board and representatives from operators of public water systems, of emergency regulations for the uniform, scientific sampling, and analytical testing protocols for oxygenates as defined in subdivision (l) of Section 51010.5 of the Government Code.
SEC. 11.Section 21087 is added to the Public Resources Code, to read:21087.(a)For purposes of this section, the following definitions apply:
(1)Equivalent documentation means a plan or other written documentation described in paragraph (3) of subdivision (d) of Section 21080.5.
(2)Sensitive receptors has the same meaning as set forth in Section 51010.5 of the Government Code.
(b)For a project that includes the construction of a pipeline transporting carbon dioxide subject to the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code), the lead agency shall prepare or cause to be prepared and certify an environmental impact report consistent with this division or equivalent documentation.
(c)(1)In addition to other notices required by this division or by another law, the lead agency shall, upon the completion of a draft environmental impact report or draft equivalent documentation, provide a notice to owners and operators of sensitive receptors that are within one-quarter mile of the proposed pipeline and to the State Fire Marshal in a manner consistent with Section 21092, that includes all of the following:
(A)A brief description of the proposed pipeline that includes the proposed map required by subdivision (a) of Section 51015.06 of the Government Code.
(B)The proposed location of the proposed pipeline depicted on a United States Geological Survey topographical map identified by quadrangle name.
(C)An address where copies of the draft document are available.
(D)The review period during which comments will be received on the draft document.
(2)This subdivision shall not be construed in any manner that results in the invalidation of an action by the lead agency because of the failure of a person to receive a notice under this subdivision if there has been substantial compliance with the requirements of this subdivision.
(d)(1)At least 30 60 days before certification of the environmental impact report or the adoption of equivalent documentation, the lead agency shall notify the State Fire Marshal of the project and provide sufficient information for the State Fire Marshal to make a determination pursuant to this subdivision.
(2)Upon notification of the project, the State Fire Marshal shall provide to the lead agency a written confirmation whether the proposed pipeline is consistent with the requirements of the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code).
(3)The State Fire Marshal shall make publicly available on its internet website the determination made pursuant to paragraph (1).
SEC. 12.Section 71465 of the Public Resources Code is amended to read:71465.(a)(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards.
(2)A pipeline, as defined in Section 51010.5 of the Government Code, shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the State Fire Marshal adopts regulations pursuant to Section 51011.5 of the Government Code and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets the standards in those regulations. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 13.The Legislature finds and declares that Section 6 of this act, which adds Section 51015.06 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The need to protect the privacy of individuals outweighs the need for public disclosure of personally identifiable information contained in the emergency planning zone inventories and maps.
SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article 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)The Legislature finds and declares both of the following:
(1)Chapter 359 of the Statutes of 2022 directs the State Air Resources Board, in consultation with other state agencies, to create a state carbon capture and storage (CCUS) program aimed at accelerating the deployment of carbon management technologies. Under that statute, the state board must adopt regulations for CCUS and direct air capture project operators. The state board must also make available a permitting portal to allow project operators to submit all permit-related information through one online platform. That statute also required the Natural Resources Agency to establish a state framework for intrastate pipelines carrying carbon dioxide fluid and to publish a framework for governing agreements for the purposes of managing a carbon dioxide sequestration project reservoir. The framework for the pipelines was completed in early 2023 and work on the framework governing agreements is beginning.
(2)On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA), under former President Biden, released a draft regulation that serves as a comprehensive safety framework for carbon dioxide and hazardous liquid pipelines. PHMSA is the federal agency charged with establishing regulations for the transportation of carbon dioxide.
(b)It is the intent of the Legislature to ensure that any intrastate transportation of carbon dioxide be done in a manner that minimizes risks to public and environmental health and safety.
SEC. 2.Section 51010 of the Government Code is amended to read:51010.It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.
SEC. 3.Section 51010.5 of the Government Code is amended to read:51010.5.As used in this chapter, the following definitions apply:
(a)Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. Pipeline does not include any of the following:
(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations.
(2)A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3)Transportation of petroleum in onshore gathering lines located in rural areas.
(4)A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(5)Transportation of a hazardous liquid by a flow line.
(6)A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.
(7)Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.
(8)Transportation of carbon dioxide through piping or equipment used in the production, including flow lines, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide necessary for the preparation of carbon dioxide for transportation by pipeline at production, including flow lines, refining, or manufacturing facilities.
(b)Emergency planning zone means the area within two miles of either side of a pipeline used to transport carbon dioxide, measured from the centerline of the pipeline.
(b)(c)Flow line means a pipeline that transports hazardous liquid substances from the wellhead to a treating facility or production storage facility.
(c)(d)Hydrostatic testing means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium.
(d)(e)Local agency means a city, county, or fire protection district.
(e)(f)Rural area means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development.
(f)(g)Gathering line means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
(g)(h)Production facility means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline.
(h)(i)Public drinking water well means a wellhead that provides drinking water to a public water system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code.
(i)(j)GIS mapping system means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public.
(j)(k)Motor vehicle fuel includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, that is used or is usable for propelling motor vehicles operated by the explosion type engine. Motor vehicle fuel does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.
(k)(l)Oxygenate means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an oxygenated fuel pursuant to Section 7545 of Title 42 of the United States Code.
(m)(1)Sensitive receptor means any of the following:
(A)An education facility, including a preschool, school with transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, daycare center, park, playground, college, or university.
(B)A community resource center, including a youth center.
(C)A health care facility, including a hospital, retirement home, or nursing home.
(D)Live-in housing, including a long-term care hospital, hospice, prison, detention center, or dormitory.
(E)A residence, including a private home, condominium, apartment, and living quarter.
(F)A building that is a business that is open to the public.
(2)A sensitive receptor does not include a facility or building set forth in paragraph (1) that is not certified for occupancy or has been abandoned.
SEC. 4.Section 51011.5 is added to the Government Code, to read:51011.5.(a)(1)(A)On or before April July 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to are, at a minimum, as protective as the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(B)(i)Regulations adopted pursuant to this section, or any amendment to those regulations, shall be adopted by the Office of the State Fire Marshal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. The adoption of the initial regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this chapter section shall remain in effect until amended by the State Fire Marshal.
(ii)Regulations adopted pursuant to this section, or any amendment to those regulations, shall not be considered major regulations as defined in Section 11342.548.
(iii)Regulations adopted pursuant to this section, or any amendment to those regulations, is exempt from the requirements of Section 11346.36 and related laws and regulations for a standardized regulatory impact analysis.
(C)The State Fire Marshal shall consider the use of odorants and shall require the use of odorants if it finds the use of an odorant is feasible, safe, and effective.
(D)The regulations developed pursuant to subparagraph (A), or amendments to those regulations, shall require all pipelines permitted to transport carbon dioxide to be newly constructed and not converted from existing pipelines.(2)To protect the public health and welfare and the environment, the The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:
(A)Pipeline design.
(B)Fracture mechanics.
(C)Pipeline materials.
(D)Valve materials.
(E)Pipeline location.
(F)Potential impact areas of a release.
(G)Land movement.
(H)Operation.
(I)Odorant requirements.
(J)Leak detection.
(K)Emergency response.
(L)Monitoring and detection of contaminants entering the pipeline.(L)Carbon dioxide contaminants.
(M)Maintenance.
(N)Other factors deemed appropriate by the State Fire Marshal.(b)(1)All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.
(2)A pipeline transporting carbon dioxide within a single facility or property and whose construction is permitted before July 1, 2025, shall not be required to subsequently comply with those regulations that pertain to design and construction if the pipeline is constructed to meet the standards of the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(b)(c)At least once every five years, the State Fire Marshal shall assess the safety standards specified in subdivision (a) (b) and may amend the regulations to increase update safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines.
(d)A pipeline originally constructed to transport any other liquid or gas shall not be approved to transport carbon dioxide.
(e)A pipeline transporting carbon dioxide shall not be constructed of previously used pipe or components.
SEC. 5.Section 51011.6 is added to the Government Code, to read:51011.6.(a)An operator shall not be permitted to construct a pipeline to transport carbon dioxide in a location where one or more sensitive receptors are located within the emergency planning zone unless an analysis based on validated, engineering-based computational fluid dynamics modeling that assesses the potential for one or more sensitive receptors to be harmed by exposure to carbon dioxide from a pipeline rupture determines that the risk of exposure to carbon dioxide is within an acceptable range as determined by the lead agency, as defined in Section 21067 of the Public Resources Code.
(b)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the State Fire Marshal shall not be considered a lead agency for a project that includes the construction of a pipeline to transport carbon dioxide.
SEC. 6.Section 51015.06 is added to the Government Code, to read:51015.06.(a)(1)An operator of a pipeline transporting carbon dioxide shall submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) an emergency planning zone inventory and map that includes all of the following:
(A)A list of all sensitive receptors within the emergency planning zone that encompasses the pipeline.
(B)A detailed map showing the location and distance to the pipeline of each sensitive receptor within the emergency planning zone.
(C)A graphic representation of the results of the validated, engineering-based computational fluid dynamics modeling, if any, used the purposes of Section 51011.6.
(2)The inventory and map shall be submitted in a format determined by the State Fire Marshal that complies with the accessibility standards specified in subdivision (a) of Section 11546.7.
(b)The operator of a pipeline carrying carbon dioxide shall provide, at least once every three years, a copy of the inventory and map determined by the State Fire Marshal to be complete and accurate and any updates to the inventory and map to local governments providing emergency response services to sensitive receptors within the emergency planning zone that encompasses the pipeline.
(c)The State Fire Marshal shall review, at least once every three years, the inventory and map submitted pursuant to subdivision (a) for completeness and accuracy and shall notify the operator of any discrepancy in the submitted inventory and map.
(d)(1)Subject to paragraph (2), the State Fire Marshal and the lead agency shall make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate.
(2)The State Fire Marshal and the lead agency shall redact any personally identifiable information from the inventory and map made available to the public and shall maintain that information as confidential matter.
(e)The operator of a pipeline carrying carbon dioxide shall provide sensitive receptors identified by the validated, engineering-based computational fluid dynamics modeling with the redacted map consistent with subdivision (a) on an annual basis consistent with requirements of Section 195.440 of Title 49 of the Code of Federal Regulations for public awareness.
SEC. 5.SEC. 7.Section 51018.6 of the Government Code is amended to read:51018.6.(a)The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations.
(b)If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations.
(c)The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require.
(d)A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a).
(e)The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training or first responder training for hazardous gas response and suppression to local fire departments.
SEC. 6.SEC. 8.Section 51018.9 is added to the Government Code, to read:51018.9.For a pipeline transporting carbon dioxide, the all of the following shall apply:
(a)The State Fire Marshal may order a pipeline shutdown for violations of state or federal law or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
(b)In the event of a pipeline rupture, the pipeline shall remain nonoperational until an investigation into the pipeline rupture is completed and determines the origin and cause of the pipeline rupture.
(c)The State Fire Marshal, in consultation with appropriate local, state, and federal agencies, shall determine if or when a pipeline may resume operations.
SEC. 7.SEC. 9.Section 39741.7 is added to the Health and Safety Code, to read:39741.7.To be recognized by the state board for a requirement adopted pursuant to Division 25.5 (commencing with Section 38500), carbon dioxide transported by pipeline shall be transported only using pipelines that meet or exceed the standards adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
SEC. 10.Section 116375 of the Health and Safety Code is amended to read:116375.The department shall adopt regulations it determines to be necessary to carry out the purposes of this chapter. The regulations shall include, but not be limited to, all of the following:
(a) The monitoring of contaminants, including the type of contaminant, frequency and method of sampling and testing, and the reporting of results.
(b) The monitoring of unregulated contaminants for which drinking water standards have not been established by the department. The requirements shall be not less stringent than those adopted pursuant to paragraph (2) of subsection (a) of Section 1445 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300j-4 (a)(2)). Until the time that the department adopts regulations regarding the monitoring of unregulated contaminants, the department may, by order, require any public water system that has been shown to contain detectable levels of any unregulated contaminants to conduct periodic water analyses in accordance with conditions specified by the department. The water analyses shall be reported on a quarterly basis unless the department finds that more or less frequent analysis is necessary.
(c) Requirements for the design, operation, and maintenance of public water systems, including, but not limited to, waterworks standards and the control of cross-connections, that the department determines are necessary to obtain, treat, and distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water.
(d) Requirements for treatment, including disinfection of water supplies.
(e) Requirements for the filtration of surface water supplies at least as stringent as regulations promulgated pursuant to subparagraph (C) of paragraph (7) of subsection (b) of Section 1412 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300g-1 (b)(7)(C)).
(f) Requirements for notifying the public of the quality of the water delivered to consumers.
(g) Minimum acceptable financial assurances that a public water system shall be required to submit as a demonstration of its capability to provide for the ongoing operation, maintenance, and upgrading of the system, including compliance with monitoring and treatment requirements and contingencies. For privately owned systems not regulated by the Public Utilities Commission, the financial assurance may be in the form of a trust fund, surety bond, letter of credit, insurance, or other equivalent financial arrangement acceptable to the department.
(h) Program requirements for the conduct of the public water system program by a local health officer under a primacy delegation from the department as set forth in this chapter. The requirements shall include, but not be limited to, the issuance of permits, surveillance and inspections, reporting of monitoring and compliance data, and the taking of enforcement actions.
(i) Methods for determination of the number of persons served by a public water system for drinking water regulatory purposes.
(j) The adoption by the State Department of Health Services, in consultation with the State Water Resources Control Board and representatives from operators of public water systems, of emergency regulations for the uniform, scientific sampling, and analytical testing protocols for oxygenates as defined in subdivision (k) (l) of Section 51010.5 of the Government Code.
SEC. 11.Section 21087 is added to the Public Resources Code, to read:21087.(a)For purposes of this section, the following definitions apply:
(1)Equivalent documentation means a plan or other written documentation described in paragraph (3) of subdivision (d) of Section 21080.5.
(2)Sensitive receptors has the same meaning as set forth in Section 51010.5 of the Government Code.
(b)For a project that includes the construction of a pipeline transporting carbon dioxide subject to the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code), the lead agency shall prepare or cause to be prepared and certify an environmental impact report consistent with this division or equivalent documentation.
(c)(1)In addition to other notices required by this division or by another law, the lead agency shall, upon the completion of a draft environmental impact report or draft equivalent documentation, provide a notice to owners and operators of sensitive receptors that are within one-quarter mile of the proposed pipeline and to the State Fire Marshal in a manner consistent with Section 21092, that includes all of the following:
(A)A brief description of the proposed pipeline that includes the proposed map required by subdivision (a) of Section 51015.06 of the Government Code.
(B)The proposed location of the proposed pipeline depicted on a United States Geological Survey topographical map identified by quadrangle name.
(C)An address where copies of the draft document are available.
(D)The review period during which comments will be received on the draft document.
(2)This subdivision shall not be construed in any manner that results in the invalidation of an action by the lead agency because of the failure of a person to receive a notice under this subdivision if there has been substantial compliance with the requirements of this subdivision.
(d)(1)At least 30 days before certification of the environmental impact report or the adoption of equivalent documentation, the lead agency shall notify the State Fire Marshal of the project and provide sufficient information for the State Fire Marshal to make a determination pursuant to this subdivision.
(2)Upon notification of the project, the State Fire Marshal shall provide to the lead agency a written confirmation whether the proposed pipeline is consistent with the requirements of the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code).
(3)The State Fire Marshal shall make publicly available on its internet website the determination made pursuant to paragraph (1).
SEC. 8.SEC. 12.Section 71465 of the Public Resources Code is amended to read:71465.(a)(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipelines meet pipeline meets those standards.
(2)A pipeline, as defined in Section 51010.5 of the Government Code, shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the State Fire Marshal adopts regulations pursuant to Section 51011.5 of the Government Code and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets the standards in those regulations. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 13.The Legislature finds and declares that Section 6 of this act, which adds Section 51015.06 to the Government Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The need to protect the privacy of individuals outweighs the need for public disclosure of personally identifiable information contained in the emergency planning zone inventories and maps.
SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article 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)The Legislature finds and declares both of the following:
(1)Chapter 359 of the Statutes of 2022 directs the State Air Resources Board, in consultation with other state agencies, to create a state carbon capture and storage (CCUS) program aimed at accelerating the deployment of carbon management technologies. Under that statute, the state board must adopt regulations for CCUS and direct air capture project operators. The state board must also make available a permitting portal to allow project operators to submit all permit-related information through one online platform. That statute also required the Natural Resources Agency to establish a state framework for intrastate pipelines carrying carbon dioxide fluid and to publish a framework for governing agreements for the purposes of managing a carbon dioxide sequestration project reservoir. The framework for the pipelines was completed in early 2023 and work on governing agreements is beginning.
(2)On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA), under former President Biden, released a draft regulation that serves as comprehensive safety framework for carbon dioxide and hazardous liquid pipelines. PHMSA is the federal agency charged with establishing regulations for the transportation of carbon dioxide.
(b)It is the intent of the Legislature to ensure that any intrastate transportation of carbon dioxide be done in a manner that minimizes risks to public and environmental health and safety.
SEC. 2.Section 51010 of the Government Code is amended to read:51010.It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.
SEC. 3.Section 51010.5 of the Government Code is amended to read:51010.5.As used in this chapter, the following definitions apply:
(a)Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. Pipeline does not include any of the following:
(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations.
(2)A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3)Transportation of petroleum in onshore gathering lines located in rural areas.
(4)A pipeline for the transportation of a hazardous liquid substance or carbon dioxide offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(5)Transportation of a hazardous liquid or carbon dioxide by a flow line.
(6)A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.
(7)Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.
(b)Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the wellhead to a treating facility or production storage facility.
(c)Hydrostatic testing means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium.
(d)Local agency means a city, county, or fire protection district.
(e)Rural area means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development.
(f)Gathering line means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
(g)Production facility means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline.
(h)Public drinking water well means a wellhead that provides drinking water to a public water system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code.
(i)GIS mapping system means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public.
(j)Motor vehicle fuel includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, that is used or is usable for propelling motor vehicles operated by the explosion type engine. Motor vehicle fuel does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.
(k)Oxygenate means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an oxygenated fuel pursuant to Section 7545 of Title 42 of the United States Code.
SEC. 4.Section 51011.5 is added to the Government Code, to read:51011.5.(a)(1)By (A)On or before April 1, 2026, the State Fire Marshal shall develop adopt regulations to regulate the transportation of carbon dioxide in a pipeline. governing the safe transportation of carbon dioxide in pipelines that are equivalent to the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(2)(A)The regulations developed pursuant to paragraph (1) shall provide safety standards that, at a minimum, meet the standards proposed by the draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations). (B)On or before January 15, 2026, the State Fire Marshal shall post on its internet website the draft federal regulations described in subparagraph (A).(3)The State Fire Marshal shall coordinate with relevant agencies to ensure the regulations developed pursuant to paragraph (1) require a project applicant to demonstrate that the transportation of carbon dioxide in a pipeline complies with all of the following:(A)The California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(B)The Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).(C)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(D)Other applicable state laws and regulations.(E)Applicable local land use and zoning regulations.(B)Regulations adopted pursuant to this section, or any amendment to those regulations, shall be adopted by the Office of the State Fire Marshal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. The adoption of the initial regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this chapter shall remain in effect until amended by the State Fire Marshal.
(C)The State Fire Marshal shall consider the use of odorants and shall require the use of odorants if it finds the use of an odorant is feasible, safe, and effective.
(4)(D)The regulations developed pursuant to paragraph (1) subparagraph (A), or amendments to those regulations, shall require all pipelines permitted to transport carbon dioxide to be newly constructed and not converted from existing pipelines.
(b)(2)To protect the public health and welfare and the environment, the State Fire Marshal may require additional safety standards, including, but not limited to, for any amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:
(1)(A)Pipeline design.
(2)(B)Fracture mechanics.
(3)(C)Pipeline materials.
(4)(D)Valve materials.
(5)Conversion of existing pipelines.(6)(E)Pipeline location.
(7)(F)Potential impact areas of a release.
(8)(G)Land movement.
(9)(H)Operation.
(10)(I)Odorant requirements.
(11)(J)Leak detection.
(12)(K)Emergency response.
(13)(L)Monitoring and detection of contaminants entering the pipeline.
(14)(M)Maintenance.
(15)(N)Other factors deemed appropriate by the State Fire Marshal.
(c)(b)At least once every five years, the State Fire Marshal shall assess the safety standards specified in subdivision (b) (a) and shall may amend the regulations developed pursuant to paragraph (1) of subdivision (a) to increase safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines.
SEC. 5.Section 51012.2 is added to the Government Code, to read:51012.2.(a)The State Fire Marshal shall establish the Carbon Dioxide Pipeline Safety Advisory Committee for both of the following purposes:(1)Making recommendations, as necessary, to the State Fire Marshal regarding additional safety standards specified in subdivision (b) of Section 51011.5.(2)Informing local agencies and every pipeline operator transporting carbon dioxide of changes in applicable laws and regulations affecting the operations of pipelines and reviewing proposed carbon dioxide pipeline safety regulations adopted pursuant to Section 51011.5.(b)The committee shall be composed of eight members, of whom two shall represent carbon dioxide pipeline operators, three shall represent local agencies, one shall be a fire chief, and two shall be public members.(c)The committee shall meet when requested by the State Fire Marshal, but not less than once per year.(d)The members shall be paid expenses and one hundred dollars ($100) per diem for each meeting.(e)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.SEC. 6.SEC. 5.Section 51018.6 of the Government Code is amended to read:51018.6.(a)The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations.
(b)If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations.
(c)The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require.
(d)A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a).
(e)The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training or first responder training for hazardous gas suppression to local fire departments.
SEC. 7.SEC. 6.Section 51018.9 is added to the Government Code, to read:51018.9.For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of the requirements of Section 51011.5 state or federal law or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
SEC. 8.SEC. 7.Section 39741.7 is added to the Health and Safety Code, to read:39741.7.To be recognized by the state board for a requirement adopted pursuant to Division 25.5 (commencing with Section 38500), carbon dioxide transported by pipeline shall be transported only using pipelines that meet or exceed the standards adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
SEC. 9.SEC. 8.Section 71465 of the Public Resources Code is amended to read:71465.(a)Pipelines shall only (1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project if the pipelines are regulated by the State Fire Marshal pursuant to regulations adopted pursuant to Section 51011.5 of the Government Code only after the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipelines meet those regulations. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property. standards.
(2)A pipeline, as defined in Section 51010.5 of the Government Code, shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the State Fire Marshal adopts regulations pursuant to Section 51011.5 of the Government Code and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets the standards in those regulations. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 10.SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares both of the following:
(1)Chapter 359 of the Statutes of 2022 directs the State Air Resources Board, in consultation with other state agencies, to create a state carbon capture and storage (CCUS) program aimed at accelerating the deployment of carbon management technologies. Under that statute, the state board must adopt regulations for CCUS and direct air capture project operators. The state board must also make available a permitting portal to allow project operators to submit all permit-related information through one online platform. That statute also required the Natural Resources Agency to establish a state framework for intrastate pipelines carrying carbon dioxide fluid and to publish a framework for governing agreements for the purposes of managing a carbon dioxide sequestration project reservoir. The framework for the pipelines was completed in early 2023 and work on governing agreements is beginning.
(2)On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA), under former President Biden, released a draft regulation that serves as comprehensive safety framework for carbon dioxide and hazardous liquid pipelines. PHMSA is the federal agency charged with establishing regulations for the transportation of carbon dioxide.
(b)It is the intent of the Legislature to ensure that any intrastate transportation of carbon dioxide be done in a manner that minimizes risks to public and environmental health and safety.
SEC. 2.Section 51010 of the Government Code is amended to read:51010.It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.
SEC. 3.Section 51010.5 of the Government Code is amended to read:51010.5.As used in this chapter, the following definitions apply:
(a)Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. Pipeline does not include any of the following:
(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations.
(2)A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3)Transportation of petroleum in onshore gathering lines located in rural areas.
(4)A pipeline for the transportation of a hazardous liquid substance or carbon dioxide offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(5)Transportation of a hazardous liquid or carbon dioxide by a flow line.
(6)A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.
(7)Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.
(b)Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the wellhead to a treating facility or production storage facility.
(c)Hydrostatic testing means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium.
(d)Local agency means a city, county, or fire protection district.
(e)Rural area means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development.
(f)Gathering line means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
(g)Production facility means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline.
(h)Public drinking water well means a wellhead that provides drinking water to a public water system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code.
(i)GIS mapping system means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public.
(j)Motor vehicle fuel includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, that is used or is usable for propelling motor vehicles operated by the explosion type engine. Motor vehicle fuel does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.
(k)Oxygenate means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an oxygenated fuel pursuant to Section 7545 of Title 42 of the United States Code.
SEC. 4.Section 51011.5 is added to the Government Code, to read:51011.5.(a)(1)By April 1, 2026, the State Fire Marshal shall develop regulations to regulate the transportation of carbon dioxide in a pipeline.
(2)(A)The regulations developed pursuant to paragraph (1) shall provide safety standards that, at a minimum, meet the standards proposed by the draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(B)On or before January 15, 2026, the State Fire Marshal shall post on its internet website the draft federal regulations described in subparagraph (A).
(3)The State Fire Marshal shall coordinate with relevant agencies to ensure the regulations developed pursuant to paragraph (1) require a project applicant to demonstrate that the transportation of carbon dioxide in a pipeline complies with all of the following:
(A)The California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(B)The Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).
(C)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(D)Other applicable state laws and regulations.
(E)Applicable local land use and zoning regulations.
(4)The regulations developed pursuant to paragraph (1) shall require all pipelines permitted to transport carbon dioxide to be newly constructed and not converted from existing pipelines.
(b)To protect the public health and welfare and the environment, the State Fire Marshal may require additional safety standards, including, but not limited to, for any of the following:
(1)Pipeline design.
(2)Fracture mechanics.
(3)Pipeline materials.
(4)Valve materials.
(5)Conversion of existing pipelines.
(6)Pipeline location.
(7)Potential impact areas of a release.
(8)Land movement.
(9)Operation.
(10)Odorant requirements.
(11)Leak detection.
(12)Emergency response.
(13)Monitoring and detection of contaminants entering the pipeline.
(14)Maintenance.
(15)Other factors deemed appropriate by the State Fire Marshal.
(c)At least once every five years, the State Fire Marshal shall assess the safety standards specified in subdivision (b) and shall amend the regulations developed pursuant to paragraph (1) of subdivision (a) to increase safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines.
SEC. 5.Section 51012.2 is added to the Government Code, to read:51012.2.(a)The State Fire Marshal shall establish the Carbon Dioxide Pipeline Safety Advisory Committee for both of the following purposes:
(1)Making recommendations, as necessary, to the State Fire Marshal regarding additional safety standards specified in subdivision (b) of Section 51011.5.
(2)Informing local agencies and every pipeline operator transporting carbon dioxide of changes in applicable laws and regulations affecting the operations of pipelines and reviewing proposed carbon dioxide pipeline safety regulations adopted pursuant to Section 51011.5.
(b)The committee shall be composed of eight members, of whom two shall represent carbon dioxide pipeline operators, three shall represent local agencies, one shall be a fire chief, and two shall be public members.
(c)The committee shall meet when requested by the State Fire Marshal, but not less than once per year.
(d)The members shall be paid expenses and one hundred dollars ($100) per diem for each meeting.
(e)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
SEC. 6.Section 51018.6 of the Government Code is amended to read:51018.6.(a)The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations.
(b)If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations.
(c)The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require.
(d)A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a).
(e)The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training or first responder training for hazardous gas suppression to local fire departments.
SEC. 7.Section 51018.9 is added to the Government Code, to read:51018.9.For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of the requirements of Section 51011.5 or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
SEC. 8.Section 39741.7 is added to the Health and Safety Code, to read:39741.7.To be recognized by the state board for a requirement adopted pursuant to Division 25.5 (commencing with Section 38500), carbon dioxide transported by pipeline shall be transported only using pipelines that meet or exceed the standards adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
SEC. 8.SEC. 9.Section 71465 of the Public Resources Code is amended to read:71465.(a)Pipelines shall only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project if the pipelines are regulated by the State Fire Marshal pursuant to regulations adopted pursuant to Section 51011.5 of the Government Code and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipelines meet those regulations. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 9.SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares both of the following:
(1)Chapter 359 of the Statutes of 2022 directs the State Air Resources Board, in consultation with other state agencies, to create a state carbon capture and storage (CCUS) program aimed at accelerating the deployment of carbon management technologies. Under that statute, the state board must adopt regulations for CCUS and direct air capture project operators. The state board must also make available a permitting portal to allow project operators to submit all permit-related information through one online platform. That statute also required the Natural Resources Agency to establish a state framework for intrastate pipelines carrying carbon dioxide fluid and to publish a framework for governing agreements for the purposes of managing a carbon dioxide sequestration project reservoir. The framework for the pipelines was completed in early 2023 and work on governing agreements is beginning.
(2)On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA), under former President Biden, released a draft regulation that serves as comprehensive safety framework for carbon dioxide and hazardous liquid pipelines. PHMSA is the federal agency charged with establishing regulations for the transportation of carbon dioxide.
(b)It is the intent of the Legislature to ensure that any intrastate transportation of carbon dioxide be done in a manner that minimizes risks to public and environmental health and safety.
SEC. 2.Section 51010 of the Government Code is amended to read:51010.It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.
SEC. 3.Section 51010.5 of the Government Code is amended to read:51010.5.As used in this chapter, the following definitions apply:
(a)Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. Pipeline does not include any of the following:
(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations.
(2)A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3)Transportation of petroleum in onshore gathering lines located in rural areas.
(4)A pipeline for the transportation of a hazardous liquid substance or carbon dioxide offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(5)Transportation of a hazardous liquid or carbon dioxide by a flow line.
(6)A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.
(7)Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.
(b)Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the wellhead to a treating facility or production storage facility.
(c)Hydrostatic testing means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium.
(d)Local agency means a city, county, or fire protection district.
(e)Rural area means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development.
(f)Gathering line means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
(g)Production facility means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline.
(h)Public drinking water well means a wellhead that provides drinking water to a public water system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code.
(i)GIS mapping system means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public.
(j)Motor vehicle fuel includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, that is used or is usable for propelling motor vehicles operated by the explosion type engine. Motor vehicle fuel does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.
(k)Oxygenate means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an oxygenated fuel pursuant to Section 7545 of Title 42 of the United States Code.
SEC. 4.Section 51011.5 is added to the Government Code, to read:51011.5.(a)The State Fire Marshal shall not permit the transportation of carbon dioxide in a pipeline unless the applicant can demonstrate, through a public process, with opportunity for public comment, that the transportation of carbon dioxide in a pipeline complies with all of the following:(1)(A)The 51011.5.(a)(1)By April 1, 2026, the State Fire Marshal shall develop regulations to regulate the transportation of carbon dioxide in a pipeline.
(2)(A)The regulations developed pursuant to paragraph (1) shall provide safety standards that, at a minimum, meet the standards proposed by the draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(B)On or before January 15, 2026, the State Fire Marshal shall post on its internet website the draft federal regulations described in paragraph (1). subparagraph (A).
(3)The State Fire Marshal shall coordinate with relevant agencies to ensure the regulations developed pursuant to paragraph (1) require a project applicant to demonstrate that the transportation of carbon dioxide in a pipeline complies with all of the following:
(2)(A)The California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(3)(B)The Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).
(4)(C)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(5)(D)Other applicable state laws and regulations.
(6)(E)Applicable local land use and zoning regulations.
(b)To protect the public health and welfare and the environment, the State Fire Marshal may require additional safety standards standards, including, but not limited to, for any of the following:
(1)Pipeline design.
(2)Fracture mechanics.
(3)Pipeline materials.
(4)Valve materials.
(5)Conversion of existing pipelines.
(6)Pipeline location.
(7)Potential impact areas of a release.
(8)Land movement.
(9)Operation.
(10)Odorant requirements.
(11)Leak detection.
(12)Emergency response.
(13)Monitoring and detection of contaminants entering the pipeline.
(14)Maintenance.
(15)Other factors deemed appropriate by the State Fire Marshal.
SEC. 5.Section 51012.2 is added to the Government Code, to read:51012.2.(a)The State Fire Marshal shall establish the Carbon Dioxide Pipeline Safety Advisory Committee for both of the following purposes:
(1)Making recommendations, as necessary, to the State Fire Marshal regarding additional safety standards specified in subdivision (b) of Section 51011.5.
(2)Informing local agencies and every pipeline operator transporting carbon dioxide of changes in applicable laws and regulations affecting the operations of pipelines and reviewing proposed carbon dioxide pipeline safety regulations adopted pursuant to Section 51011.5.
(b)The committee shall be composed of eight members, of whom two shall represent carbon dioxide pipeline operators, three shall represent local agencies, one shall be a fire chief, and two shall be public members.
(c)The committee shall meet when requested by the State Fire Marshal, but not less than once per year.
(d)The members shall be paid expenses and one hundred dollars ($100) per diem for each meeting.
(e)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
SEC. 6.Section 51018.6 of the Government Code is amended to read:51018.6.(a)The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations.
(b)If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations.
(c)The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require.
(d)A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a).
(e)The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training or first responder training for hazardous gas suppression to local fire departments.
SEC. 7.Section 51018.9 is added to the Government Code, to read:51018.9.For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of the requirements of Section 51011.5 or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
SEC. 8.Section 71465 of the Public Resources Code is amended to read:71465.(a)Pipelines shall only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project that complies with Section 51011.5 of the Government Code. if the pipelines are regulated by the State Fire Marshal pursuant to regulations adopted pursuant to Section 51011.5 of the Government Code and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipelines meet those regulations. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares both of the following:
(1)Chapter 359 of the Statutes of 2022 directs the State Air Resources Board, in consultation with other state agencies, to create a state carbon capture and storage (CCUS) program aimed at accelerating the deployment of carbon management technologies. Under that statute, the state board must adopt regulations for CCUS and direct air capture project operators. The state board must also make available a permitting portal to allow project operators to submit all permit-related information through one online platform. That statute also required the Natural Resources Agency to establish a state framework for intrastate pipelines carrying carbon dioxide fluid and to publish a framework for governing agreements for the purposes of managing a carbon dioxide sequestration project reservoir. The framework for the pipelines was completed in early 2023 and work on governing agreements is beginning.
(2)On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA), under former President Biden, released a draft regulation that serves as comprehensive safety framework for carbon dioxide and hazardous liquid pipelines. PHMSA is the federal agency charged with establishing regulations for the transportation of carbon dioxide.
(b)It is the intent of the Legislature to ensure that any intrastate transportation of carbon dioxide be done in a manner that minimizes risks to public and environmental health and safety.
SEC. 2.Section 51010 of the Government Code is amended to read:51010.It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.
SEC. 3.Section 51010.5 of the Government Code is amended to read:51010.5.As used in this chapter, the following definitions apply:
(a)Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. Pipeline does not include any of the following:
(1)An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations.
(2)A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3)Transportation of petroleum in onshore gathering lines located in rural areas.
(4)A pipeline for the transportation of a hazardous liquid substance or carbon dioxide offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(5)Transportation of a hazardous liquid or carbon dioxide by a flow line.
(6)A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.
(7)Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.
(b)Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the well head wellhead to a treating facility or production storage facility.
(c)Hydrostatic testing means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium.
(d)Local agency means a city, county, or fire protection district.
(e)Rural area means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development.
(f)Gathering line means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
(g)Production facility means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline.
(h)Public drinking water well means a wellhead that provides drinking water to a public water system system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code.
(i)GIS mapping system means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public.
(j)Motor vehicle fuel includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, which that is used or is usable for propelling motor vehicles operated by the explosion type engine. It Motor vehicle fuel does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.
(k)Oxygenate means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an oxygenated fuel pursuant to Section 7545 of Title 42 of the United States Code.
SEC. 4.Section 51011.5 is added to the Government Code, to read:51011.5.(a)The State Fire Marshal shall not permit the transportation of carbon dioxide in a pipeline unless the applicant can demonstrate, through a public process, with opportunity for public comment, that the transportation of carbon dioxide in a pipeline complies with all of the following:
(1)(A)The draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(B)On or before January 15, 2026, the State Fire Marshal shall post on its internet website the draft federal regulations described in paragraph (1).
(2)The California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(3)The Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code).
(4)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(5)Other applicable state laws and regulations.
(6)Applicable local land use and zoning regulations.
(b)To protect the public health and welfare and the environment, the State Fire Marshal may require additional safety standards for any of the following:
(1)Pipeline design.
(2)Fracture mechanics.
(3)Pipeline materials.
(4)Valve materials.
(5)Conversion of existing pipelines.
(6)Pipeline location.
(7)Potential impact areas of a release.
(8)Land movement.
(9)Operation.
(10)Odorant requirements.
(11)Leak detection.
(12)Emergency response.
(13)Monitoring and detection of contaminants entering the pipeline.
(14)Maintenance.
(15)Other factors deemed appropriate by the State Fire Marshal.
SEC. 5.Section 51012.2 is added to the Government Code, to read:51012.2.(a)The State Fire Marshal shall establish the Carbon Dioxide Pipeline Safety Advisory Committee for both of the following purposes:
(1)Making recommendations, as necessary, to the State Fire Marshal regarding additional safety standards specified in subdivision (b) of Section 51011.5.
(2)Informing local agencies and every pipeline operator transporting carbon dioxide of changes in applicable laws and regulations affecting the operations of pipelines and reviewing proposed carbon dioxide pipeline safety regulations adopted pursuant to Section 51011.5.
(b)The committee shall be composed of eight members, of whom two shall represent carbon dioxide pipeline operators, three shall represent local agencies, one shall be a fire chief, and two shall be public members.
(c)The committee shall meet when requested by the State Fire Marshal, but not less than once per year.
(d)The members shall be paid expenses and one hundred dollars ($100) per diem for each meeting.
SEC. 6.Section 51018.6 of the Government Code is amended to read:51018.6.(a)The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations.
(b)If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations.
(c)The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require.
(d)A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a).
(e)The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training or first responder training for hazardous gas suppression to local fire departments.
SEC. 7.Section 51018.9 is added to the Government Code, to read:51018.9.For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of the requirements of Section 51011.5 or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
SEC. 8.Section 71465 of the Public Resources Code is amended to read:71465.(a)Pipelines shall only be utilized used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards. that complies with Section 51011.5 of the Government Code. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 10608.14 of the Water Code is amended to read:10608.14.(a)The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates:(1)All properties owned by the Department of General Services, beginning January 1, 2027.(2)All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027.(3)All other institutional properties and all commercial and industrial properties, beginning January 1, 2028.(4)All common areas of properties of homeowners associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2028.(5)All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later.(b)Notwithstanding subdivision (a), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.(c)The board may, upon a showing of good cause for reasons including economic hardship, critical business need, and potential impacts to human health or safety, postpone a compliance deadline in subdivision (a) by up to three years for certain persons, institutions, and businesses, and may create a form to be used for compliance certification to the board by property owners.(d)Public water systems shall, by no later than January 1, 2027, revise their regulations, ordinances, or policies governing water service to include the requirements of subdivisions (a) and (b), as revised by the board pursuant to subdivision (c), and shall communicate the requirements to their customers on or before that date.(e)(1)An owner of commercial, industrial, or institutional property with more than 5,000 square feet of irrigated area other than a cemetery shall certify to the board, commencing June 30, 2030, and every three years thereafter through 2039, that their property is in compliance with the requirements of this chapter.(2)An owner of a property with more than 5,000 square feet of irrigated common area that is a homeowners association, common interest development, or community service organization or similar entity shall certify to the board, commencing June 30, 2031, and every three years thereafter through 2040, that their property is in compliance with the requirements of this chapter.(f)Noncompliance by a person or entity with this chapter or regulations adopted thereunder shall be subject to civil liability and penalties set forth in Section 1846, or to civil liability and penalties imposed by an urban retail water supplier pursuant to a locally adopted ordinance or policy.(g)(1)A public water system, city, county, or city and county may enforce the provisions of this chapter.(2)To avoid duplication of enforcement, any entity identified in paragraph (1) that is not a retail public water system shall notify the retail public water system 30 days prior to enforcement of the provisions of this chapter against a property served by that system.(3)Nothing in paragraph (2) shall preclude enforcement by any entity identified in paragraph (1) once adequate notice is given.(h)The department shall, when using funds appropriated for water conservation for turf replacement, prioritize financial assistance for nonfunctional turf replacement to public water systems serving disadvantaged communities and to owners of affordable housing.(i)The department shall utilize the saveourwater.com internet website and outreach campaign to provide information and resources on converting nonfunctional turf to native vegetation.(j)The Governors Office of Business and Economic Development shall support small and minority-owned businesses that provide services that advance compliance with this chapter.(a)The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates:
(1)All properties owned by the Department of General Services, beginning January 1, 2027.
(2)All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027.
(3)All other institutional properties and all commercial and industrial properties, beginning January 1, 2028.
(4)All common areas of properties of homeowners associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029. 2028.
(5)All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later.
(b)Notwithstanding subdivision (a), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.
(c)The board may, upon a showing of good cause for reasons including economic hardship, critical business need, and potential impacts to human health or safety, postpone a compliance deadline in subdivision (a) by up to three years for certain persons, institutions, and businesses, and may create a form to be used for compliance certification to the board by property owners.
(d)Public water systems shall, by no later than January 1, 2027, revise their regulations, ordinances, or policies governing water service to include the requirements of subdivisions (a) and (b), as revised by the board pursuant to subdivision (c), and shall communicate the requirements to their customers on or before that date.
(e)(1)An owner of commercial, industrial, or institutional property with more than 5,000 square feet of irrigated area other than a cemetery shall certify to the board, commencing June 30, 2030, and every three years thereafter through 2039, that their property is in compliance with the requirements of this chapter.
(2)An owner of a property with more than 5,000 square feet of irrigated common area that is a homeowners association, common interest development, or community service organization or similar entity shall certify to the board, commencing June 30, 2031, and every three years thereafter through 2040, that their property is in compliance with the requirements of this chapter.
(f)Noncompliance by a person or entity with this chapter or regulations adopted thereunder shall be subject to civil liability and penalties set forth in Section 1846, or to civil liability and penalties imposed by an urban retail water supplier pursuant to a locally adopted ordinance or policy.
(g)(1)A public water system, city, county, or city and county may enforce the provisions of this chapter.
(2)To avoid duplication of enforcement, any entity identified in paragraph (1) that is not a retail public water system shall notify the retail public water system 30 days prior to enforcement of the provisions of this chapter against a property served by such that system.
(3)Nothing in paragraph (2) shall preclude enforcement by any entity identified in paragraph (1) once adequate notice is given.
(h)The department shall, when using funds appropriated for water conservation for turf replacement, prioritize financial assistance for nonfunctional turf replacement to public water systems serving disadvantaged communities and to owners of affordable housing.
(i)The department shall utilize the saveourwater.com internet website and outreach campaign to provide information and resources on converting nonfunctional turf to native vegetation.
(j)The Governors Office of Business and Economic Development shall support small and minority-owned businesses that provide services that advance compliance with this chapter.
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| Oct 10, 2025 | Chaptered by Secretary of State. Chapter 529, Statutes of 2025. |
| Oct 10, 2025 | Approved by the Governor. |
| Sep 23, 2025 | Enrolled and presented to the Governor at 2 p.m. |
| Sep 13, 2025 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 3021.) Ordered to engrossing and enrolling. |
| Sep 12, 2025 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 12, 2025 | Read third time. Passed. (Ayes 74. Noes 0. Page 3359.) Ordered to the Senate. |
| Sep 5, 2025 | Assembly Rule 69(b)(1) suspended. |
| Sep 5, 2025 | Ordered to third reading. |
| Sep 5, 2025 | Read third time and amended. |
| Sep 4, 2025 | Read second time. Ordered to third reading. |
| Sep 3, 2025 | Read second time and amended. Ordered to second reading. |
| Sep 2, 2025 | From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29). |
| Aug 20, 2025 | August 20 set for first hearing. Placed on APPR. suspense file. |
| Jul 15, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 14). Re-referred to Com. on APPR. |
| Jul 10, 2025 | From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 17. Noes 0.) (July 9). Re-referred to Com. on NAT. RES. |
| Jul 10, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. |
| Jun 19, 2025 | Re-referred to Coms. on U. & E. and NAT. RES. pursuant to Assembly Rule 96. |
| Jun 16, 2025 | Referred to Coms. on NAT. RES. and E.M. |
| Jun 5, 2025 | In Assembly. Read first time. Held at Desk. |
| Jun 4, 2025 | Read third time. Passed. (Ayes 38. Noes 0. Page 1511.) Ordered to the Assembly. |
| May 23, 2025 | Read second time. Ordered to third reading. |
| May 23, 2025 | From committee: Do pass. (Ayes 6. Noes 0. Page 1206.) (May 23). |
| May 20, 2025 | Set for hearing May 23. |
| May 19, 2025 | May 19 hearing: Placed on APPR. suspense file. |
| May 9, 2025 | Set for hearing May 19. |
| May 5, 2025 | Read second time and amended. Re-referred to Com. on APPR. |
| May 1, 2025 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 964.) (April 30). |
| Apr 23, 2025 | Read second time and amended. Re-referred to Com. on E.Q. |
| Apr 22, 2025 | From committee: Do pass as amended and re-refer to Com. on E.Q. (Ayes 11. Noes 2. Page 830.) (April 22). |
| Apr 17, 2025 | Set for hearing April 30 in E.Q. pending receipt. |
| Apr 8, 2025 | Set for hearing April 22. |
| Apr 2, 2025 | Re-referred to Coms. on G.O. and E.Q. |
| Mar 27, 2025 | Withdrawn from committee. |
| Mar 27, 2025 | Re-referred to Com. on RLS. |
| Mar 26, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. |
| Mar 5, 2025 | Referred to Com. on N.R. & W. |
| Feb 21, 2025 | From printer. May be acted upon on or after March 23. |
| Feb 20, 2025 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2025 | Unfinished Business SB614 Stern et al. Concurrence | Senate Floor |
Passed |
|
| Sep 12, 2025 | SB 614 Stern Senate Third Reading By Petrie-Norris | Assembly Floor |
Passed |
|
| Sep 12, 2025 | Unfinished Business SB614 Stern et al. Concurrence | Senate Floor |
Passed |
|
| Aug 29, 2025 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2025 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
Passed |
|
| Jul 9, 2025 | Do pass and be re-referred to the Committee on [Natural Resources] | Assembly Standing Committee on Utilities and Energy |
Passed |
|
| Jun 4, 2025 | Senate 3rd Reading SB614 Stern et al. | Senate Floor |
Passed |
|
| May 23, 2025 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 19, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 30, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| Apr 22, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Environmental Quality] | Senate Standing Committee on Governmental Organization |
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
|
|---|---|---|
| 1000 Grandmothers for Future Generations | ** Against | |
| 350 Bay Area Action | ** Against | |
| 350 Contra Costa Action | ** Against | |
| 350 Humboldt County | ** Against | |
| 350 Santa Barbara | ** Against | |
| a long list of advocacy organizations | ** Against | |
| Asian Pacific Environmental Network | ** Against | |
| Biofuelwatch | ** Against | |
| Bloom Energy | ** Support | |
| CA Youth vs. Big Oil | ** Against | |
| California Environmental Justice Alliance | ** Against | |
| California State Pipe Trades Council | ** Support | |
| Center For Biological Diversity | ** Against | |
| center on race, poverty, and environment | ** Against | |
| Central California Asthma Collaborative | ** Against | |
| Central California Environmental Justice Network | ** Against | |
| Climate Equity Policy Center | ** Against | |
| Climate Hawks Vote | ** Against | |
| Climate Health Now Action Fund | ** Against | |
| Climate Reality San Francisco Bay Area Chapter | ** Against | |
| Coalition for Sustainable | ** Support | |
| Consumer Watchdog | ** Against | |
| Consumer Wathdog | ** Against | |
| Edlers Climate Action Northern CA Chapter | ** Against | |
| El Pueblo Para El Aire Y Agua Limpia De Kettleman City | ** Against | |
| Elder Climate Action, NorCal Chapter | ** Against | |
| Elders Climate Action | ** Against | |
| Extinction Rebellion San Francisco Bay Area | ** Against | |
| Food & Water Watch | ** Against | |
| Food Empowerment Project | ** Against | |
| Fossil Free California | ** Against | |
| Good Neighbor Steering Committee | ** Against | |
| Good Neighbor Steering Committee of Benicia | ** Against | |
| Greenpeace Usa | ** Against | |
| industry groups | ** Support | |
| Interfaith Climate Action Network of Contra Costa County | ** Against | |
| Labor Rise Climate Jobs Action Group | ** Against | |
| Leadership Counsel Action | ** Against | |
| Little Manila Rising | ** Against | |
| Oil and Gas Action Network | ** Against | |
| Oil Change International | ** Against | |
| Physicians for Social Responsibility Los Angeles | ** Against | |
| Physicians for Social Responsibility – Los Angeles | ** Against | |
| Physicians for Social Responsibility – San Francisco Bay | ** Against | |
| Planning And Conservation League | ** Against | |
| PROGRESSIVE DEMOCRATS OF BENICIA | ** Against | |
| Protect Monterey County | ** Against | |
| San Diego 350 | ** Against | |
| San Francisco Bay Area Physicians for Social Responsibility | ** Against | |
| San Francisco Baykeeper | ** Against | |
| Santa Cruz Climate Action Network | ** Against | |
| Science and Environmental Health Network | ** Against | |
| See | ** Against | |
| Sierra Club | ** Against | |
| Social Eco Education | ** Against | |
| Solano County Democratic Central Committee | ** Against | |
| Sunflower Alliance | ** Against | |
| Unidos Network INC | ** Against | |
| UNIDOS Network Inc. | ** Against | |
| West Berkeley Alliance for Clean Air and Safe Jobs | ** Against |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 614 |
UNFINISHED BUSINESS
Bill No: SB 614
Author: Stern (D), et al.
Amended: 9/5/25
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 11-2, 4/22/25
AYES: Padilla, Valladares, Archuleta, Ashby, Blakespear, Cervantes, Richardson, Rubio, Smallwood-Cuevas, Wahab, Weber Pierson
NOES: Dahle, Ochoa Bogh
NO VOTE RECORDED: Hurtado, Jones
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/30/25
AYES: Blakespear, Valladares, Dahle, Gonzalez, Hurtado, Padilla, Pérez
NO VOTE RECORDED: Menjivar
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25
AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab
NO VOTE RECORDED: Dahle
SENATE FLOOR: 38-0, 6/4/25
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Menjivar, Reyes
ASSEMBLY FLOOR: 74-0, 9/12/25 - See last page for vote
SUBJECT: Public resources: transportation of carbon dioxide
SOURCE: Author
DIGEST:
This bill requires the State Fire Marshall (SFM) to adopt regulations to regulate the transportation of carbon dioxide (CO2) in a pipeline, including certain specified safety standards that, at a minimum, are as protective as the draft regulations proposed by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA).
Assembly Amendments
of 9/5/25 rewrote the contents of this bill to align with the provisions of AB 881 (Petrie-Norris).
ANALYSIS:
Existing law:
- Provides, under the Elder Act, that the SFM exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The Elder Act imposes various requirements in relation to the regulation of these intrastate pipelines. A person who willfully and knowingly violates the Act or a regulation adopted pursuant to the Elder Act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
- Defines “pipeline” for the purposes of the Elder Act, as every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substance; and does not include an interstate pipeline subject to federal regulations, a pipeline that transports hazardous substances in a gaseous state, and other specified exclusions. (Government Code § 51010.5)
- Requires the SFM to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, including, but not limited to, compliance orders, penalties, and inspections and maintenance provisions. (Government Code § 51011)
- Prohibits the use of pipelines to transport CO2 to or from CO2 capture, removal, or sequestration projects until the federal PHMSA has concluded a specified rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the project operator demonstrates that the pipelines meet those standards.
- Governs, under the Administrative Procedures Act (APA), the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law (OAL). The APA defines a major regulation as any proposed regulation that the agency estimates will have an economic impact on California businesses and individuals of $50 million or more in any 12-month period. If an agency estimates that the proposed regulation is a “major regulation,” the agency is required to prepare a Standardized Regulatory Impact Analysis reviewed by the Department of Finance before the regulation can be adopted.
- Grants, pursuant to federal law, the United States Secretary of Transportation the regulatory and enforcement authority over gas and hazardous liquid pipelines, including CO2 pipelines. (49 United States Code § 60102)
- Prohibits, pursuant to federal law, the United States Secretary of Transportation from prescribing or enforcing safety standards and practices for an intrastate pipeline or intrastate pipeline facility to the extent that the safety standards and practices are regulated by a state authority, except at provided. (49 United States Code § 60105)
- Requires, through the California Environmental Quality Act (CEQA), the lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
This bill:
- Requires, on or before July 1, 2026, the SFM to develop regulations to regulate the transportation of CO2 in a pipeline that are, at a minimum, as protectives as standards proposed by the draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 1999, inclusive, of Title 49 of the Code of Federal Regulations).
- Provides that regulations developed pursuant to this bill, or any amendment to those regulations, shall be adopted in accordance with the emergency rulemaking process in the APA.
- Provides that regulation adopted pursuant to this bill shall not be considered major regulations under the APA.
- Prohibits an operator from constructing a pipeline transporting CO2 in a location where one or more sensitive receptors, as defined, are located within the emergency planning zone of the pipeline, which is defined as an area within two miles of either side of the pipeline, except as provided.
- Provides that the SFM shall not be considered a lead agency for a project that includes the construction of a pipeline to transport CO2 for purposes of CEQA.
- Requires an operator to submit to the SFM and the public agency that is the lead agency an emergency planning zone inventory and map, as provided, and would require the SFM to review, at least one every three years, the inventory and map for completeness and accuracy.
- Requires the operator to provide, at least every three years, a copy of the inventory and a map determined by the SFM to be complete and accurate and any updates to the inventory and map to local governments providing emergency response services to sensitive receptors within the emergency planning zone that encompasses the pipeline. The SFM is required, at least once every three years, the inventory and map for completeness and accuracy and shall notify the operator of any discrepancy.
- Prohibits a pipeline from being approved to transport CO2 if the pipeline is originally constructed to transport any other liquid or gas and prohibits the construction of those pipelines using previously used pipe or components.
- Authorizes the SFM, for a pipeline transporting CO2, to order a pipeline shutdown for violations of the provisions of this bill or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
- Requires, in the event of a pipeline rupture, the pipeline to remain nonoperational until an investigation into the pipeline rupture is completed and the origin and cause of the pipeline rupture is determined.
- Lifts the moratorium on intrastate pipelines used for CO2 transport for CO2 capture, removals, or sequestration projects only after the SFM has adopted regulations pursuant to this bill and the pipeline operator demonstrates that the pipeline meets the standards and regulations adopted by the SFM.
- Requires, for a project that includes the construction of a pipeline transporting CO2 subject to requirements in CEQA, the lead agency to prepare an EIR, or equivalent documentation, as defined, and to certify or adopt those documents for the project.
- Requires the lead agency, at least 30 days before the certification of the EIR to notify the SFM of the project.
Background
Author Statement. According to the author’s office, “recognizing its importance – billions of dollars are being invested in carbon capture by industry, the private sector, and governments. In 2022, the Department of Energy (DoE) committed $3.7 billion to finance projects to remove planet-warming carbon from the atmosphere to meet the nation’s goal of net-zero greenhouse gas emissions by 2050. On January 10, 2025, the Biden Administration released draft federal regulations that would have lifted the SB 905 moratorium. Unfortunately, there was not enough time to formalize these regulations by adding them to the federal registry. Under the current administration, federal pipeline safety regulations will - at best – be delayed, or - at worst - non-existent and dangerous. California must act to establish robust pipeline safety regulations. By picking up where the Biden Administration left off, we can accelerate the safe deployment of carbon pipelines in California, leverage billions of dollars in federal support to meet our climate goals, and create thousands of high-road green jobs.”
Carbon Capture and Storage. Carbon Capture and Storage (CCS) and carbon removal is a process of separating CO2 from a point source and putting it into long-term storage, usually by injecting CO2 into a geological reservoir. This process is generally considered by experts to be a CO2 reduction strategy, not a CO2 removal strategy, since it is only reducing CO2 from anthropogenic sources that would have otherwise entered the atmosphere, rather than removing what was already there. As of January 2025, there are approximately 13 of these projects in various stages of development in California, especially in the central valley.
Transportation is a key component of CCS and carbon removal projects because the location at which CO2 is captured may be some distance from the point at which it will be geologically sequestered. Transportation can occur by marine tankers, trucks, rail, or pipelines. Experts generally agree that the most efficient way to transport CO2, as well as the safest way for the volume of CO2 they move is through pipelines. In many ways, pipelines are also the most cost-effective way to move CO2.
CO2 can be transported as a gas, liquid, or supercritical form. At standard temperature and pressure, CO2 behaves as a gas, when it is cooled and highly compressed, CO2 becomes a liquid. When both the temperature and pressure are increased above the standard temperature and pressure, CO2 exists in a supercritical state, in this state CO2 has some properties of a gas and some properties of liquid.
Transportation of CO2 by Pipelines. The federal PHMSA develops and enforces the transportation of hazardous materials via pipelines to ensure the same, reliable and environmentally sound operation of the nation’s pipeline transportation system. The PHMSA maintains regulatory jurisdiction over interstate pipelines, which encompasses pipelines that travel between state and in federal waters. In the Areas of CCS and carbon removal projects, PHMSA has no regulatory jurisdiction over interstate or intrastate pipelines transporting CO2 as a liquid. Federal statute provides PHMSA with regulatory authority over interstate and intrastate pipelines transporting CO2 as a gas or supercritical state. While PHMSA has released proposed regulations at the end of the Biden Administration, those regulations have been “withdrawn” by the Trump Administration.
In California, the SFM maintains regulatory jurisdiction over hazardous liquid intrastate pipelines. The SFM regulates the safety of nearly 6,000 miles of intrastate hazardous liquid transportation pipelines through a PHMSA certified compliance and enforcement program. With this certification, the SFM may adopt additional safety standards for intrastate pipeline facilities provided such standards are compatible with federal regulation. Those safety standards may be more restrictive or stringent than federal regulation. The California Public Utilities Commission (CPUC), as part of their jurisdiction, ensures that intrastate natural gas and liquid petroleum gas pipeline systems are designed, constructed, operated, and maintained according to safety standards set by the CPUC and the PHMSA. CPUC’s existing authority does not extend to intrastate CO2 gas pipelines.
There is currently, no intrastate CO2 pipeline in California. When such pipelines are developed, the SFM will exercise jurisdiction over intrastate CO2 pipelines through the existing federal pipeline safety state program agreement. This agreement delegate’s authority for the SMF to regulate intrastate pipelines that carry CO2 compressed to a supercritical state and composed of at least 90% CO2. Pipelines transporting less than 90% CO2, including CO2 in a liquid or gas form, would likely fall outside the scope of existing regulations, leaving regulation of pipelines transporting CO2 composed of less than 90% CO2 or in a liquid gas form to local jurisdictions and those states who choose to adopt regulation.
At this time, significant regulatory uncertainty exists regarding the design, operation, siting, and maintenance of intrastate CO2 pipelines, regardless of the state that CO2 is transported. The SFM is currently limited to applying only federal safety standards to CO2 pipelines; transport of supercritical CO2 that is composed of at least 90% CO2. Establishing separate standards in California that are in addition to federal regulation is only possible if changes are made in state law.
Draft of Federal Regulations. On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Proposed Rulemaking under RIN 2138-AF60, aiming to enhance the minimum federal safety standards for the transportation of CO2 by pipeline, as outlined in parts 190 to 199 of Title 49 of the Code of Federal Regulations. Ten days later, according to various reports, a federal pipeline safety official not authorized to speak publicly said the proposed rules were “withdrawn” in accordance with a January 20, 2025, executive order by President Trump that freezes all pending regulations and initiatives pending a review process by newly appointed agency leaders. Federal CO2 transport through pipelines rules were put further in doubt with a February 19 executive order aimed at rooting out all regulations that are costly to “private parties” and impede economic development.
The previously proposed federal regulations sought to address the anticipated expansion of CO2 pipeline infrastructure driven by increased CCS initiatives. According to the U.S. Department of Energy, the current network of approximately 5,000 miles of CO2 pipelines is projected to expand significantly to support these initiatives. The Notice of Proposed Rulemaking introduced several key provisions including:
- Comprehensive Safety Requirements. For the first time, PHMSA proposed specific regulations for pipelines transporting CO2 in gaseous and liquid states, complementing existing standards for supercritical CO2 pipelines. These proposed regulations would have encompass design, installation, operation, maintenance, and reporting protocols.
- Conversion Standards. Operators seeking to repurpose existing pipelines for CO2 transport would have been required to adhere to stringent guidelines, including conducting spike hydrostatic pressure tests and performing in-line inspections within specified timeframes to ensure structural integrity.
- Emergency Preparedness. The proposal would have mandated enhanced training for emergency responders, provision of CO2 detection equipment, and improved public communication strategies during emergencies to bolster safety measures.
- Vapor Dispersion Analysis. Operators would have been required to perform detailed analyses to predict the spread of CO2 in the event of a pipeline failure, thereby aiding in risk assessment and mitigation planning.
SB 905 (Caballero, Chapter 359, Statutes of 2022). In 2022, SB 905 was signed by Governor Newsom. Among other things, the bill prohibits the use of intrastate pipelines to transport CO2 until the PHMSA completes its rulemaking process. SB 905 required the California Natural Resources Agency (CNRA) to “provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety.”
The proposal was released in March 2023, and included various recommendations “aimed at informing additional legislation that would be necessary to create a robust regulatory framework governing CO2 pipelines so as to protect public, health, safety, and the environment. These recommendations are made with the recognition that CCS and carbon removal projects, and CO2 transport, represent a new set of technologies and infrastructure and accordingly, poses, new risks and potential adverse impact to human health, safety, and the environment should a pipeline failure occur.”
One of the recommendations included providing the SFM with clear regulatory authority over pipeline transportation of CO2 in liquid, gas, and supercritical state to protect public safety. As part of this recommendation the CNRA stated that “clear authority to draft safety-related regulations governing intrastate CO2 pipelines will avoid ambiguity about which state agency is charged with regulating liquid, gas, and supercritical CO2 pipelines. It will also ensure a well-defined and understood regulatory process that includes robust public process and allows time to incorporate emerging information from new research and development studies.
Additionally the CNRA recommended the SFM with clear administrative and enforcement authority to order intrastate CO2 pipeline shutdown immediately when safety regulations are violated.”
Related/Prior Legislation
AB 881 (Petrie-Norris, 2025) adds CO2 to the substances included in the Elder Act and requires the SFM to adopt regulations governing the safe transportation of CO2 by April 1, 2026, as specified, and lifts the statewide moratorium on pipelines transporting CO2 to or from a carbon capture, removal, or sequestration project. (Pending in the Assembly Appropriations Committee)
AB 2623 (Arambula, 2024) would have expanded the regulation of intrastate pipelines under the Act to intrastate pipelines used for the transportation of CO2. Additionally, the bill would have required the SFM to adopt safety-related regulations governing intrastate pipelines transporting CO2, as provided. (Never heard in the Assembly Utilities and Energy Committee)
SB 905 (Caballero, Chapter 359, Statutes of 2022) requires the California Air Resources Board to establish a Carbon Capture, Removal, Utilization, and Storage Program and adopt regulations for a model unified permit program for the construction and operation of CCRUS projects. In addition, the bill prohibits the use of intrastate pipelines to transport of CO2 until the PHMSA completes its rulemaking. Furthermore, the bill requires the California Natural Resources Agency to “provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety.
AB 1676 (Luz Rivas, 2022) would have added CO2, compressed to a supercritical state, to the substances included in the Elder California Pipeline Safety Act, giving the SFM exclusive jurisdiction to regulate intrastate pipeline transportation of CO2 under the existing provisions of the Elder Act, which currently applies to petroleum and other hazardous liquids. (Never Heard in the Assembly Natural Resources Committee)
SB 295 (Jackson, Chapter 607, statutes of 2015) requires the SFM, to annually inspect all intrastate pipelines and operators of intrastate pipelines under the jurisdiction of the SFM and requires the SFM to adopt regulations implementing these provisions.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, “This bill creates significant new administrative, analytical and regulatory work for the Fire Marshal. Presumably, the Department of Forestry and Fire Protection (CAL FIRE), in which the Fire Marshal is located, will require additional resources to undertake this work.
When this committee considered AB 881 (Petrie Norris) this spring, CAL FIRE reported it is already working on carbon dioxide pipeline regulation pursuant to authority provided by existing law, so any costs to the Fire Marshal to implement AB 881 should be minor and absorbable.
The committed asked CAL FIRE about costs to implement this bill, and further asked CAL FIRE, if it asserted it could do so with existing resources, to explain, in detail, why it would not require additional resources to undertake the significant workload created by this bill. CAL FIRE did not provide an explanation by the time this analysis was prepared.
It is reasonable to assume, in the absence of evidence to the contrary, this bill entails significant new one-time costs for CAL FIRE, in the low hundreds of thousands of dollars, at least (General Fund).”
SUPPORT: (Verified 9/4/25)
Bloom Energy
California State Pipe Trades Council
Coalition for Sustainable
OPPOSITION: (Verified 9/4/25)
Asian Pacific Environmental Network
Biofuelwatch
California Environmental Justice Alliance
CA Youth vs. Big Oil
Center for Biological Diversity
Center on Race, Poverty, and Environment
Central California Environmental Justice Network
Climate Equity Policy Center
Climate Hawks Vote
Climate Health Now Action Fund
Climate Reality San Francisco Bay Area Chapter
Consumer Wathdog
El Pueblo Para el Aire y Agua Limpia de Kettleman City
Elder Climate Action, NorCal Chapter
Elders Climate Action
Extinction Rebellion San Francisco Bay Area
Food & Water Watch
Fossil Free California
Good Neighbor Steering Committee
Greenpeace USA
Interfaith Climate Action Network of Contra Costa County
Labor Rise Climate Jobs Action Group
Leadership Counsel Action
Little Manila Rising
Oil and Gas Action Network
Oil Change International
Physicians for Social Responsibility – Los Angeles
Physicians for Social Responsibility – San Francisco Bay
Planning and Conservation League
Progressive Democrats of Benicia
Protect Monterey County
San Diego 350
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Baykeeper
Santa Cruz Climate Action Network
Sierra Club
Social Eco Education
Solano County Democratic Central Committee
Sunflower Alliance
UNIDOS Network Inc.
West Berkeley Alliance for Clean Air and Safe Jobs
350 Bay Area Action
350 Contra Costa Action
350 Humboldt County
350 Santa Barbara
1000 Grandmothers for Future Generations
ARGUMENTS IN SUPPORT: According to the California State Pipe Trades Council, “SB 614 directs the [SFM] to develop robust, safety-related regulations for CO2 pipelines , ensuring that they are constructed, maintained, and operated in a manner that minimizes risks to public health and the environment. These regulations will be based on PHMSA’s extensive regulatory update that was initiated but not finalized under the Bided Administration, ensuring that California upholds the highest safety standards.”
ARGUMENTS IN OPPOSITION: According to opponents of the bill, “[both] the federal government and California need to fill the dangerous gaps for CO2 pipelines before CCS projects are allowed to proceed. Our groups fully support California regulating above and beyond what PHSMA sets as the federal floor. But ending California’s existing partial moratorium before PHSMA’s regulations are complete risks preemption and prevents the state and its residents from benefitting from the nationwide attention and expert input that the federal rulemaking will generate. Ending the moratorium prematurely will also accelerate the poor investment and false climate solution that is CSS. In short, there is no benefit to California jumping out early and changing the precautionary measure that is already in place.”
According to the Central California Environmental Justice Network, “SB 614’s attempt to allow pipelines to be operated before official state regulations are adopted is confusing and raises many concerns on enforceability. Allowing pipelines to be built before the SFM adopts more strict regulations would be a perverse incentive to the industry to drag out and delay state regulation development and quickly build pipelines before more stringent regulations are in place. It would also be more efficient for the SFM to go through the regulatory process once. In order to ensure that all CO2 pipelines in California follow strong, enforceable safety standards, we ask that SB 614 be amended to clearly require the SFM to adopt regulations before CO2 pipelines can be operated.”
ASSEMBLY FLOOR: 74-0, 9/12/25
AYES: Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Wicks, Wilson, Rivas
NO VOTE RECORDED: Addis, Connolly, Hart, Lee, Ward, Zbur
Prepared by: Brian Duke / G.O. / (916) 651-1530
10/19/26 13:49:07
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 614 |
UNFINISHED BUSINESS
Bill No: SB 614
Author: Stern (D), et al.
Amended: 9/5/25
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 11-2, 4/22/25
AYES: Padilla, Valladares, Archuleta, Ashby, Blakespear, Cervantes, Richardson, Rubio, Smallwood-Cuevas, Wahab, Weber Pierson
NOES: Dahle, Ochoa Bogh
NO VOTE RECORDED: Hurtado, Jones
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/30/25
AYES: Blakespear, Valladares, Dahle, Gonzalez, Hurtado, Padilla, Pérez
NO VOTE RECORDED: Menjivar
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25
AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab
NO VOTE RECORDED: Dahle
SENATE FLOOR: 38-0, 6/4/25
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Menjivar, Reyes
ASSEMBLY FLOOR: 58-0 , 9/12/25 – Roll call vote not available.
SUBJECT: Public resources: transportation of carbon dioxide
SOURCE: Author
DIGEST:
This bill requires the State Fire Marshall (SFM) to adopt regulations to regulate the transportation of carbon dioxide (CO2) in a pipeline, including certain specified safety standards that, at a minimum, are as protective as the draft regulations proposed by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA).
Assembly Amendments
of 9/5/25 rewrote the contents of this bill to align with the provisions of AB 881 (Petrie-Norris).
ANALYSIS:
Existing law:
- Provides, under the Elder Act, that the SFM exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The Elder Act imposes various requirements in relation to the regulation of these intrastate pipelines. A person who willfully and knowingly violates the Act or a regulation adopted pursuant to the Elder Act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
- Defines “pipeline” for the purposes of the Elder Act, as every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substance; and does not include an interstate pipeline subject to federal regulations, a pipeline that transports hazardous substances in a gaseous state, and other specified exclusions. (Government Code § 51010.5)
- Requires the SFM to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, including, but not limited to, compliance orders, penalties, and inspections and maintenance provisions. (Government Code § 51011)
- Prohibits the use of pipelines to transport CO2 to or from CO2 capture, removal, or sequestration projects until the federal PHMSA has concluded a specified rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the project operator demonstrates that the pipelines meet those standards.
- Governs, under the Administrative Procedures Act (APA), the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law (OAL). The APA defines a major regulation as any proposed regulation that the agency estimates will have an economic impact on California businesses and individuals of $50 million or more in any 12-month period. If an agency estimates that the proposed regulation is a “major regulation,” the agency is required to prepare a Standardized Regulatory Impact Analysis reviewed by the Department of Finance before the regulation can be adopted.
- Grants, pursuant to federal law, the United States Secretary of Transportation the regulatory and enforcement authority over gas and hazardous liquid pipelines, including CO2 pipelines. (49 United States Code § 60102)
- Prohibits, pursuant to federal law, the United States Secretary of Transportation from prescribing or enforcing safety standards and practices for an intrastate pipeline or intrastate pipeline facility to the extent that the safety standards and practices are regulated by a state authority, except at provided. (49 United States Code § 60105)
- Requires, through the California Environmental Quality Act (CEQA), the lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
This bill:
- Requires, on or before July 1, 2026, the SFM to develop regulations to regulate the transportation of CO2 in a pipeline that are, at a minimum, as protectives as standards proposed by the draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 1999, inclusive, of Title 49 of the Code of Federal Regulations).
- Provides that regulations developed pursuant to this bill, or any amendment to those regulations, shall be adopted in accordance with the emergency rulemaking process in the APA.
- Provides that regulation adopted pursuant to this bill shall not be considered major regulations under the APA.
- Prohibits an operator from constructing a pipeline transporting CO2 in a location where one or more sensitive receptors, as defined, are located within the emergency planning zone of the pipeline, which is defined as an area within two miles of either side of the pipeline, except as provided.
- Provides that the SFM shall not be considered a lead agency for a project that includes the construction of a pipeline to transport CO2 for purposes of CEQA.
- Requires an operator to submit to the SFM and the public agency that is the lead agency an emergency planning zone inventory and map, as provided, and would require the SFM to review, at least one every three years, the inventory and map for completeness and accuracy.
- Requires the operator to provide, at least every three years, a copy of the inventory and a map determined by the SFM to be complete and accurate and any updates to the inventory and map to local governments providing emergency response services to sensitive receptors within the emergency planning zone that encompasses the pipeline. The SFM is required, at least once every three years, the inventory and map for completeness and accuracy and shall notify the operator of any discrepancy.
- Prohibits a pipeline from being approved to transport CO2 if the pipeline is originally constructed to transport any other liquid or gas and prohibits the construction of those pipelines using previously used pipe or components.
- Authorizes the SFM, for a pipeline transporting CO2, to order a pipeline shutdown for violations of the provisions of this bill or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
- Requires, in the event of a pipeline rupture, the pipeline to remain nonoperational until an investigation into the pipeline rupture is completed and the origin and cause of the pipeline rupture is determined.
- Lifts the moratorium on intrastate pipelines used for CO2 transport for CO2 capture, removals, or sequestration projects only after the SFM has adopted regulations pursuant to this bill and the pipeline operator demonstrates that the pipeline meets the standards and regulations adopted by the SFM.
- Requires, for a project that includes the construction of a pipeline transporting CO2 subject to requirements in CEQA, the lead agency to prepare an EIR, or equivalent documentation, as defined, and to certify or adopt those documents for the project.
- Requires the lead agency, at least 30 days before the certification of the EIR to notify the SFM of the project.
Background
Author Statement. According to the author’s office, “recognizing its importance – billions of dollars are being invested in carbon capture by industry, the private sector, and governments. In 2022, the Department of Energy (DoE) committed $3.7 billion to finance projects to remove planet-warming carbon from the atmosphere to meet the nation’s goal of net-zero greenhouse gas emissions by 2050. On January 10, 2025, the Biden Administration released draft federal regulations that would have lifted the SB 905 moratorium. Unfortunately, there was not enough time to formalize these regulations by adding them to the federal registry. Under the current administration, federal pipeline safety regulations will - at best – be delayed, or - at worst - non-existent and dangerous. California must act to establish robust pipeline safety regulations. By picking up where the Biden Administration left off, we can accelerate the safe deployment of carbon pipelines in California, leverage billions of dollars in federal support to meet our climate goals, and create thousands of high-road green jobs.”
Carbon Capture and Storage. Carbon Capture and Storage (CCS) and carbon removal is a process of separating CO2 from a point source and putting it into long-term storage, usually by injecting CO2 into a geological reservoir. This process is generally considered by experts to be a CO2 reduction strategy, not a CO2 removal strategy, since it is only reducing CO2 from anthropogenic sources that would have otherwise entered the atmosphere, rather than removing what was already there. As of January 2025, there are approximately 13 of these projects in various stages of development in California, especially in the central valley.
Transportation is a key component of CCS and carbon removal projects because the location at which CO2 is captured may be some distance from the point at which it will be geologically sequestered. Transportation can occur by marine tankers, trucks, rail, or pipelines. Experts generally agree that the most efficient way to transport CO2, as well as the safest way for the volume of CO2 they move is through pipelines. In many ways, pipelines are also the most cost-effective way to move CO2.
CO2 can be transported as a gas, liquid, or supercritical form. At standard temperature and pressure, CO2 behaves as a gas, when it is cooled and highly compressed, CO2 becomes a liquid. When both the temperature and pressure are increased above the standard temperature and pressure, CO2 exists in a supercritical state, in this state CO2 has some properties of a gas and some properties of liquid.
Transportation of CO2 by Pipelines. The federal PHMSA develops and enforces the transportation of hazardous materials via pipelines to ensure the same, reliable and environmentally sound operation of the nation’s pipeline transportation system. The PHMSA maintains regulatory jurisdiction over interstate pipelines, which encompasses pipelines that travel between state and in federal waters. In the Areas of CCS and carbon removal projects, PHMSA has no regulatory jurisdiction over interstate or intrastate pipelines transporting CO2 as a liquid. Federal statute provides PHMSA with regulatory authority over interstate and intrastate pipelines transporting CO2 as a gas or supercritical state. While PHMSA has released proposed regulations at the end of the Biden Administration, those regulations have been “withdrawn” by the Trump Administration.
In California, the SFM maintains regulatory jurisdiction over hazardous liquid intrastate pipelines. The SFM regulates the safety of nearly 6,000 miles of intrastate hazardous liquid transportation pipelines through a PHMSA certified compliance and enforcement program. With this certification, the SFM may adopt additional safety standards for intrastate pipeline facilities provided such standards are compatible with federal regulation. Those safety standards may be more restrictive or stringent than federal regulation. The California Public Utilities Commission (CPUC), as part of their jurisdiction, ensures that intrastate natural gas and liquid petroleum gas pipeline systems are designed, constructed, operated, and maintained according to safety standards set by the CPUC and the PHMSA. CPUC’s existing authority does not extend to intrastate CO2 gas pipelines.
There is currently, no intrastate CO2 pipeline in California. When such pipelines are developed, the SFM will exercise jurisdiction over intrastate CO2 pipelines through the existing federal pipeline safety state program agreement. This agreement delegate’s authority for the SMF to regulate intrastate pipelines that carry CO2 compressed to a supercritical state and composed of at least 90% CO2. Pipelines transporting less than 90% CO2, including CO2 in a liquid or gas form, would likely fall outside the scope of existing regulations, leaving regulation of pipelines transporting CO2 composed of less than 90% CO2 or in a liquid gas form to local jurisdictions and those states who choose to adopt regulation.
At this time, significant regulatory uncertainty exists regarding the design, operation, siting, and maintenance of intrastate CO2 pipelines, regardless of the state that CO2 is transported. The SFM is currently limited to applying only federal safety standards to CO2 pipelines; transport of supercritical CO2 that is composed of at least 90% CO2. Establishing separate standards in California that are in addition to federal regulation is only possible if changes are made in state law.
Draft of Federal Regulations. On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Proposed Rulemaking under RIN 2138-AF60, aiming to enhance the minimum federal safety standards for the transportation of CO2 by pipeline, as outlined in parts 190 to 199 of Title 49 of the Code of Federal Regulations. Ten days later, according to various reports, a federal pipeline safety official not authorized to speak publicly said the proposed rules were “withdrawn” in accordance with a January 20, 2025, executive order by President Trump that freezes all pending regulations and initiatives pending a review process by newly appointed agency leaders. Federal CO2 transport through pipelines rules were put further in doubt with a February 19 executive order aimed at rooting out all regulations that are costly to “private parties” and impede economic development.
The previously proposed federal regulations sought to address the anticipated expansion of CO2 pipeline infrastructure driven by increased CCS initiatives. According to the U.S. Department of Energy, the current network of approximately 5,000 miles of CO2 pipelines is projected to expand significantly to support these initiatives. The Notice of Proposed Rulemaking introduced several key provisions including:
- Comprehensive Safety Requirements. For the first time, PHMSA proposed specific regulations for pipelines transporting CO2 in gaseous and liquid states, complementing existing standards for supercritical CO2 pipelines. These proposed regulations would have encompass design, installation, operation, maintenance, and reporting protocols.
- Conversion Standards. Operators seeking to repurpose existing pipelines for CO2 transport would have been required to adhere to stringent guidelines, including conducting spike hydrostatic pressure tests and performing in-line inspections within specified timeframes to ensure structural integrity.
- Emergency Preparedness. The proposal would have mandated enhanced training for emergency responders, provision of CO2 detection equipment, and improved public communication strategies during emergencies to bolster safety measures.
- Vapor Dispersion Analysis. Operators would have been required to perform detailed analyses to predict the spread of CO2 in the event of a pipeline failure, thereby aiding in risk assessment and mitigation planning.
SB 905 (Caballero, Chapter 359, Statutes of 2022). In 2022, SB 905 was signed by Governor Newsom. Among other things, the bill prohibits the use of intrastate pipelines to transport CO2 until the PHMSA completes its rulemaking process. SB 905 required the California Natural Resources Agency (CNRA) to “provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety.”
The proposal was released in March 2023, and included various recommendations “aimed at informing additional legislation that would be necessary to create a robust regulatory framework governing CO2 pipelines so as to protect public, health, safety, and the environment. These recommendations are made with the recognition that CCS and carbon removal projects, and CO2 transport, represent a new set of technologies and infrastructure and accordingly, poses, new risks and potential adverse impact to human health, safety, and the environment should a pipeline failure occur.”
One of the recommendations included providing the SFM with clear regulatory authority over pipeline transportation of CO2 in liquid, gas, and supercritical state to protect public safety. As part of this recommendation the CNRA stated that “clear authority to draft safety-related regulations governing intrastate CO2 pipelines will avoid ambiguity about which state agency is charged with regulating liquid, gas, and supercritical CO2 pipelines. It will also ensure a well-defined and understood regulatory process that includes robust public process and allows time to incorporate emerging information from new research and development studies.
Additionally the CNRA recommended the SFM with clear administrative and enforcement authority to order intrastate CO2 pipeline shutdown immediately when safety regulations are violated.”
Related/Prior Legislation
AB 881 (Petrie-Norris, 2025) adds CO2 to the substances included in the Elder Act and requires the SFM to adopt regulations governing the safe transportation of CO2 by April 1, 2026, as specified, and lifts the statewide moratorium on pipelines transporting CO2 to or from a carbon capture, removal, or sequestration project. (Pending in the Assembly Appropriations Committee)
AB 2623 (Arambula, 2024) would have expanded the regulation of intrastate pipelines under the Act to intrastate pipelines used for the transportation of CO2. Additionally, the bill would have required the SFM to adopt safety-related regulations governing intrastate pipelines transporting CO2, as provided. (Never heard in the Assembly Utilities and Energy Committee)
SB 905 (Caballero, Chapter 359, Statutes of 2022) requires the California Air Resources Board to establish a Carbon Capture, Removal, Utilization, and Storage Program and adopt regulations for a model unified permit program for the construction and operation of CCRUS projects. In addition, the bill prohibits the use of intrastate pipelines to transport of CO2 until the PHMSA completes its rulemaking. Furthermore, the bill requires the California Natural Resources Agency to “provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety.
AB 1676 (Luz Rivas, 2022) would have added CO2, compressed to a supercritical state, to the substances included in the Elder California Pipeline Safety Act, giving the SFM exclusive jurisdiction to regulate intrastate pipeline transportation of CO2 under the existing provisions of the Elder Act, which currently applies to petroleum and other hazardous liquids. (Never Heard in the Assembly Natural Resources Committee)
SB 295 (Jackson, Chapter 607, statutes of 2015) requires the SFM, to annually inspect all intrastate pipelines and operators of intrastate pipelines under the jurisdiction of the SFM and requires the SFM to adopt regulations implementing these provisions.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, “This bill creates significant new administrative, analytical and regulatory work for the Fire Marshal. Presumably, the Department of Forestry and Fire Protection (CAL FIRE), in which the Fire Marshal is located, will require additional resources to undertake this work.
When this committee considered AB 881 (Petrie Norris) this spring, CAL FIRE reported it is already working on carbon dioxide pipeline regulation pursuant to authority provided by existing law, so any costs to the Fire Marshal to implement AB 881 should be minor and absorbable.
The committed asked CAL FIRE about costs to implement this bill, and further asked CAL FIRE, if it asserted it could do so with existing resources, to explain, in detail, why it would not require additional resources to undertake the significant workload created by this bill. CAL FIRE did not provide an explanation by the time this analysis was prepared.
It is reasonable to assume, in the absence of evidence to the contrary, this bill entails significant new one-time costs for CAL FIRE, in the low hundreds of thousands of dollars, at least (General Fund).”
SUPPORT: (Verified 9/4/25)
Bloom Energy
California State Pipe Trades Council
Coalition for Sustainable
OPPOSITION: (Verified 9/4/25)
Asian Pacific Environmental Network
Biofuelwatch
California Environmental Justice Alliance
CA Youth vs. Big Oil
Center for Biological Diversity
Center on Race, Poverty, and Environment
Central California Environmental Justice Network
Climate Equity Policy Center
Climate Hawks Vote
Climate Health Now Action Fund
Climate Reality San Francisco Bay Area Chapter
Consumer Wathdog
El Pueblo Para el Aire y Agua Limpia de Kettleman City
Elder Climate Action, NorCal Chapter
Elders Climate Action
Extinction Rebellion San Francisco Bay Area
Food & Water Watch
Fossil Free California
Good Neighbor Steering Committee
Greenpeace USA
Interfaith Climate Action Network of Contra Costa County
Labor Rise Climate Jobs Action Group
Leadership Counsel Action
Little Manila Rising
Oil and Gas Action Network
Oil Change International
Physicians for Social Responsibility – Los Angeles
Physicians for Social Responsibility – San Francisco Bay
Planning and Conservation League
Progressive Democrats of Benicia
Protect Monterey County
San Diego 350
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Baykeeper
Santa Cruz Climate Action Network
Sierra Club
Social Eco Education
Solano County Democratic Central Committee
Sunflower Alliance
UNIDOS Network Inc.
West Berkeley Alliance for Clean Air and Safe Jobs
350 Bay Area Action
350 Contra Costa Action
350 Humboldt County
350 Santa Barbara
1000 Grandmothers for Future Generations
ARGUMENTS IN SUPPORT: According to the California State Pipe Trades Council, “SB 614 directs the [SFM] to develop robust, safety-related regulations for CO2 pipelines , ensuring that they are constructed, maintained, and operated in a manner that minimizes risks to public health and the environment. These regulations will be based on PHMSA’s extensive regulatory update that was initiated but not finalized under the Bided Administration, ensuring that California upholds the highest safety standards.”
ARGUMENTS IN OPPOSITION: According to opponents of the bill, “[both] the federal government and California need to fill the dangerous gaps for CO2 pipelines before CCS projects are allowed to proceed. Our groups fully support California regulating above and beyond what PHSMA sets as the federal floor. But ending California’s existing partial moratorium before PHSMA’s regulations are complete risks preemption and prevents the state and its residents from benefitting from the nationwide attention and expert input that the federal rulemaking will generate. Ending the moratorium prematurely will also accelerate the poor investment and false climate solution that is CSS. In short, there is no benefit to California jumping out early and changing the precautionary measure that is already in place.”
According to the Central California Environmental Justice Network, “SB 614’s attempt to allow pipelines to be operated before official state regulations are adopted is confusing and raises many concerns on enforceability. Allowing pipelines to be built before the SFM adopts more strict regulations would be a perverse incentive to the industry to drag out and delay state regulation development and quickly build pipelines before more stringent regulations are in place. It would also be more efficient for the SFM to go through the regulatory process once. In order to ensure that all CO2 pipelines in California follow strong, enforceable safety standards, we ask that SB 614 be amended to clearly require the SFM to adopt regulations before CO2 pipelines can be operated.”
Click here to enter text.
Prepared by: Brian Duke / G.O. / (916) 651-1530, Felipe Lopez / G.O. / (916) 651-1530
9/12/25 14:52:42
**** END ****
SENATE THIRD READING
STR Bill Id:SB 614
Author:(Stern)
As Amended Ver:September 5, 2025
Majority vote
SUMMARY
Directs the Office of the State Fire Marshal (OSFM) to adopt regulations governing the safe transportation of carbon dioxide (CO2) in pipelines.
Major Provisions
- Directs the OSFM, by July 1, 2026, to adopt regulations governing the safe transportation of CO2 in pipelines that are at a minimum as protective as the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of CO2 by pipeline.
- Allows a pipeline to be used to transport CO2 to or from a CO2 capture, removal or sequestration project only after the OSFM adopts regulations and the CO2 capture, removal or sequestration project operator demonstrates that the pipeline meets the standards in those regulations.
- Directs the Office of Administrative Law (OAL) to consider adoption of the initial regulations as an emergency, and necessary for the immediate preservation of the public peace, health, safety and general welfare to remain in effect until amended by the OSFM.
- States the regulations shall apply to newly constructed CO2 pipelines after the effective date of the regulations or amendments to them. Existing CO2 pipelines prior to the effective date of the regulations shall comply within a timeframe specified by the OSFM. Prohibits a pipeline originally constructed to transport any other liquid or gas from being approved for CO2 transport.
- Authorizes the OSFM to amend the regulations to protect public health and welfare and the environment and directs the OSFM, at least once every five years, to assess the CO2 pipeline safety standards.
- Defines "sensitive receptor" and requires operators of CO2 pipelines to submit to OSFM and the lead California Environmental Quality Act (CEQA) agency for the pipeline project an emergency planning zone inventory and detailed map that includes a list of all sensitive receptors within the emergency planning zone that encompasses the pipeline, among other requirements.
- Requires the inventory and maps to be shared with local emergency response entities at least once every three years, to the identified sensitive receptors annually, and published online once personally identifiable information is redacted.
Requires the lead agency, as part of the CEQA environmental impact report for construction of a CO2 pipeline, to provide a notice to owners and operators of sensitive receptors within one-quarter mile of the proposed pipeline and to the OSFM, as specified.
COMMENTS
According to the California Air Resources Board's (CARB's) "2022 Scoping Plan for Achieving Carbon Neutrality," carbon capture and sequestration (CCS) will be a necessary tool to reduce GHG emissions and mitigate climate change while minimizing leakage and reducing emissions where no technological alternatives may exist.
State law requires CARB to establish a Carbon Capture, Removal, Utilization, and Storage Program for a unified permit application for the construction and operation of CO2 capture, removal, or sequestration projects. However, state law prohibits a pipeline from being used to transport CO2 to or from a CO2 capture, removal, or sequestration project until PHMSA has concluded its rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the CO2 project operator demonstrates that the pipeline meets those standards.
Currently, PHMSA has only established safety standards regarding the transport of CO2 in a supercritical state at a concentration of 90% or higher. The transport of CO2 in concentrations of less than 90%, or in liquid or gas form is unregulated. PHMSA has noted this regulatory gap is due to the limited (supercritical-phase only) CO2 pipelines in operation in 1991 during the creation of the original federal rules.
Following the rupture of a pipeline transporting CO2 as part of an enhanced oil recovery operation in Satartia, Mississippi, in February 2022, which led to local evacuation and the hospitalization of 46 people, PHMSA began updating its CO2 pipeline safety standards. On January 10, 2025, PHMSA issued draft regulations as part of a Notice of Proposed Rulemaking. These draft regulations included 18 proposals, including:
- Redefining "carbon dioxide" to be a fluid of more than 50% CO2 molecules in any combination of gas, liquid, or supercritical phases.
- Establishment of procedures to convert steel pipelines for CO2 or hazardous liquid transport.
- Requiring all carbon dioxide pipeline operators to provide training to emergency responders that addresses threats specific to carbon dioxide releases and provide equipment to local first responders for use during an emergency on a carbon dioxide pipeline.
- Requiring leak detection, fixed vapor detection, and alarm systems for CO2 pipelines.
- Requiring operators of all carbon dioxide pipelines to establish emergency planning zones extending two miles on either side of their pipelines that will inform operators' efforts in ensuring members of the public have adequate emergency response information.
This bill allows transport of CO2 in a pipeline to or from a CO2 capture, removal or sequestration project, not when PHMSA finishes its rulemaking, as is the case under existing state law; but when the OSFM, instead, adopts emergency regulations governing the safe transportation of CO2 in pipelines.
According to the Author
According to the author, "Communities deserve safety and a robust public process whenever a project carrying hazardous materials will be traveling through their communities. While the permitting and building of carbon dioxide pipelines are an important part of the state's carbon capture and sequestration efforts, it cannot come at the expense of community safety. SB 614 aims to enshrine the Biden administration draft regulations in state law to ensure best-in-class safety practices. This bill sets a high standard for establishing when transportation of carbon dioxide by pipeline would be allowed, and would provide experts with the ability to increase safety standards and stringency."
Arguments in Support
The bill is supported by industry groups and the California State Pipe Trades Council, which writes the bill "will establish much-needed state safety regulations for the transportation of carbon dioxide (carbon dioxide) by pipeline, ensuring that California remains at the forefront of climate action while prioritizing public and environmental safety."
Arguments in Opposition
The bill is opposed by a long list of environmental, environmental justice and public health advocacy organizations, who generally oppose CCS (they liken it to "putting filters on a cigarette: it gives the appearance of a solution while allowing underlying harms to continue") and, more specifically, contend this bill is premature, noting: "Shortcutting the process set forth under SB 905 by ending the moratorium early not only presents the legal risk that California regulations will be preempted, but it prevents the state from benefitting from the groundswell of national input and expertise that the PHMSA rulemaking will generate."
FISCAL COMMENTS
According to the Assembly Committee on Appropriations, this bill creates significant new work for the OSFM. However CAL FIRE, the department in which OSFM is located, said costs should be minor and absorbable. CAL FIRE did not provide clarity to the Committee on how they could undertake this workload without more resources.
VOTES
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Menjivar, Reyes
ASM UTILITIES AND ENERGY: 17-0-1
YES: Petrie-Norris, Patterson, Boerner, Calderon, Chen, Davies, Mark González, Harabedian, Irwin, Kalra, Papan, Rogers, Schiavo, Schultz, Ta, Wallis, Zbur
ABS, ABST OR NV: Hart
ASM NATURAL RESOURCES: 12-0-2
YES: Bryan, Alanis, Ellis, Flora, Garcia, Haney, Hoover, Kalra, Muratsuchi, Pellerin, Schultz, Zbur
ABS, ABST OR NV: Connolly, Wicks
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache
ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa
UPDATED
VERSION: September 5, 2025
CONSULTANT: Laura Shybut / U. & E. / (916) 319-2083 FN: 0001795
SENATE THIRD READING
STR Bill Id:SB 614
Author:(Stern)
As Amended Ver:September 3, 2025
Majority vote
SUMMARY
Directs the Office of the State Fire Marshal (OSFM) to adopt regulations governing the safe transportation of carbon dioxide (CO2) in pipelines.
Major Provisions
- Directs the OSFM, by July 1, 2026, to adopt regulations governing the safe transportation of CO2 in pipelines that are at a minimum as protective as the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of CO2 by pipeline.
- Allows a pipeline to be used to transport CO2 to or from a CO2 capture, removal or sequestration project only after the OSFM adopts regulations and the CO2 capture, removal or sequestration project operator demonstrates that the pipeline meets the standards in those regulations.
- Directs the Office of Administrative Law (OAL) to consider adoption of the initial regulations as an emergency, and necessary for the immediate preservation of the public peace, health, safety and general welfare to remain in effect until amended by the OSFM.
- States the regulations shall apply to newly constructed CO2 pipelines after the effective date of the regulations or amendments to them. Existing CO2 pipelines prior to the effective date of the regulations shall comply within a timeframe specified by the OSFM. Prohibits a pipeline originally constructed to transport any other liquid or gas from being approved for CO2 transport.
- Authorizes the OSFM to amend the regulations to protect public health and welfare and the environment and directs the OSFM, at least once every five years, to assess the CO2 pipeline safety standards.
- Defines "sensitive receptor" and requires operators of CO2 pipelines to submit to OSFM and the lead California Environmental Quality Act (CEQA) agency for the pipeline project an emergency planning zone inventory and detailed map that includes a list of all sensitive receptors within the emergency planning zone that encompasses the pipeline, among other requirements.
- Requires the inventory and maps to be shared with local emergency response entities at least once every three years, to the identified sensitive receptors annually, and published online once personally identifiable information is redacted.
- Requires the lead agency, as part of the CEQA environmental impact report for construction of a CO2 pipeline, to provide a notice to owners and operators of sensitive receptors within one-quarter mile of the proposed pipeline and to the OSFM, as specified.
COMMENTS
According to the California Air Resources Board's (CARB's) "2022 Scoping Plan for Achieving Carbon Neutrality," carbon capture and sequestration (CCS) will be a necessary tool to reduce GHG emissions and mitigate climate change while minimizing leakage and reducing emissions where no technological alternatives may exist.
State law requires CARB to establish a Carbon Capture, Removal, Utilization, and Storage Program for a unified permit application for the construction and operation of CO2 capture, removal, or sequestration projects. However, state law prohibits a pipeline from being used to transport CO2 to or from a CO2 capture, removal, or sequestration project until PHMSA has concluded its rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the CO2 project operator demonstrates that the pipeline meets those standards.
Currently, PHMSA has only established safety standards regarding the transport of CO2 in a supercritical state at a concentration of 90% or higher. The transport of CO2 in concentrations of less than 90%, or in liquid or gas form is unregulated. PHMSA has noted this regulatory gap is due to the limited (supercritical-phase only) CO2 pipelines in operation in 1991 during the creation of the original federal rules.
Following the rupture of a pipeline transporting CO2 as part of an enhanced oil recovery operation in Satartia, Mississippi, in February 2022, which led to local evacuation and the hospitalization of 46 people, PHMSA began updating its CO2 pipeline safety standards. On January 10, 2025, PHMSA issued draft regulations as part of a Notice of Proposed Rulemaking. These draft regulations included 18 proposals, including:
- Redefining "carbon dioxide" to be a fluid of more than 50% CO2 molecules in any combination of gas, liquid, or supercritical phases.
- Establishment of procedures to convert steel pipelines for CO2 or hazardous liquid transport.
- Requiring all carbon dioxide pipeline operators to provide training to emergency responders that addresses threats specific to carbon dioxide releases and provide equipment to local first responders for use during an emergency on a carbon dioxide pipeline.
- Requiring leak detection, fixed vapor detection, and alarm systems for CO2 pipelines.
- Requiring operators of all carbon dioxide pipelines to establish emergency planning zones extending two miles on either side of their pipelines that will inform operators' efforts in ensuring members of the public have adequate emergency response information.
This bill allows transport of CO2 in a pipeline to or from a CO2 capture, removal or sequestration project, not when PHMSA finishes its rulemaking, as is the case under existing state law; but when the OSFM, instead, adopts emergency regulations governing the safe transportation of CO2 in pipelines.
According to the Author
According to the author, "Communities deserve safety and a robust public process whenever a project carrying hazardous materials will be traveling through their communities. While the permitting and building of carbon dioxide pipelines are an important part of the state's carbon capture and sequestration efforts, it cannot come at the expense of community safety. SB 614 aims to enshrine the Biden administration draft regulations in state law to ensure best-in-class safety practices. This bill sets a high standard for establishing when transportation of carbon dioxide by pipeline would be allowed, and would provide experts with the ability to increase safety standards and stringency."
Arguments in Support
The bill is supported by industry groups and the California State Pipe Trades Council, which writes the bill "will establish much-needed state safety regulations for the transportation of carbon dioxide (carbon dioxide) by pipeline, ensuring that California remains at the forefront of climate action while prioritizing public and environmental safety."
Arguments in Opposition
The bill is opposed by a long list of environmental, environmental justice and public health advocacy organizations, who generally oppose CCS (they liken it to "putting filters on a cigarette: it gives the appearance of a solution while allowing underlying harms to continue") and, more specifically, contend this bill is premature, noting: "Shortcutting the process set forth under SB 905 by ending the moratorium early not only presents the legal risk that California regulations will be preempted, but it prevents the state from benefitting from the groundswell of national input and expertise that the PHMSA rulemaking will generate."
FISCAL COMMENTS
According to the Assembly Committee on Appropriations, this bill creates significant new work for the OSFM. However CAL FIRE, the department in which OSFM is located, said costs should be minor and absorbable. CAL FIRE did not provide clarity to the Committee on how they could undertake this workload without more resources.
VOTES
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Menjivar, Reyes
ASM UTILITIES AND ENERGY: 17-0-1
YES: Petrie-Norris, Patterson, Boerner, Calderon, Chen, Davies, Mark González, Harabedian, Irwin, Kalra, Papan, Rogers, Schiavo, Schultz, Ta, Wallis, Zbur
ABS, ABST OR NV: Hart
ASM NATURAL RESOURCES: 12-0-2
YES: Bryan, Alanis, Ellis, Flora, Garcia, Haney, Hoover, Kalra, Muratsuchi, Pellerin, Schultz, Zbur
ABS, ABST OR NV: Connolly, Wicks
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache
ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa
UPDATED
VERSION: September 3, 2025
CONSULTANT: Laura Shybut / U. & E. / (916) 319-2083 FN: 0001479
SENATE THIRD READING
STR Bill Id:SB 614
Author:(Stern)
As Amended Ver:July 10, 2025
Majority vote
SUMMARY
Directs the Office of the State Fire Marshal (OSFM) to adopt regulations governing the safe transportation of carbon dioxide (CO2) in pipelines.
Major Provisions
- Directs the OSFM, by July 1, 2026, to adopt regulations governing the safe transportation of CO2 in pipelines that are at a minimum as protective as the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of CO2 by pipeline.
- Allows a pipeline to be used to transport CO2 to or from a CO2 capture, removal or sequestration project only after the OSFM adopts regulations and the CO2 capture, removal or sequestration project operator demonstrates that the pipeline meets the standards in those regulations.
- Directs the Office of Administrative Law (OAL) to consider adoption of the initial regulations as an emergency, and necessary for the immediate preservation of the public peace, health, safety and general welfare to remain in effect until amended by the OSFM.
- States the regulations shall apply to newly constructed CO2 pipelines after the effective date of the regulations or amendments to them. Existing CO2 pipelines prior to the effective date of the regulations shall comply within a timeframe specified by the OSFM. Prohibits a pipeline originally constructed to transport any other liquid or gas from being approved for CO2 transport.
- Authorizes the OSFM to amend the regulations to protect public health and welfare and the environment and directs the OSFM, at least once every five years, to assess the CO2 pipeline safety standards.
- Defines "sensitive receptor" and requires operators of CO2 pipelines to submit to OSFM and the lead California Environmental Quality Act (CEQA) agency for the pipeline project an emergency planning zone inventory and detailed map that includes a list of all sensitive receptors within the emergency planning zone that encompasses the pipeline, among other requirements.
- Requires the inventory and maps to be shared with local emergency response entities at least once every three years, to the identified sensitive receptors annually, and published online once personally identifiable information is redacted.
- Requires the lead agency, as part of the CEQA environmental impact report for construction of a CO2 pipeline, to provide a notice to owners and operators of sensitive receptors within one-quarter mile of the proposed pipeline and to the OSFM, as specified.
COMMENTS
According to the California Air Resources Board's (CARB's) "2022 Scoping Plan for Achieving Carbon Neutrality," carbon capture and sequestration (CCS) will be a necessary tool to reduce GHG emissions and mitigate climate change while minimizing leakage and reducing emissions where no technological alternatives may exist.
State law requires CARB to establish a Carbon Capture, Removal, Utilization, and Storage Program for a unified permit application for the construction and operation of CO2 capture, removal, or sequestration projects. However, state law prohibits a pipeline from being used to transport CO2 to or from a CO2 capture, removal, or sequestration project until PHMSA has concluded its rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the CO2 project operator demonstrates that the pipeline meets those standards.
Currently, PHMSA has only established safety standards regarding the transport of CO2 in a supercritical state at a concentration of 90% or higher. The transport of CO2 in concentrations of less than 90%, or in liquid or gas form is unregulated. PHMSA has noted this regulatory gap is due to the limited (supercritical-phase only) CO2 pipelines in operation in 1991 during the creation of the original federal rules.
Following the rupture of a pipeline transporting CO2 as part of an enhanced oil recovery operation in Satartia, Mississippi, in February 2022, which led to local evacuation and the hospitalization of 46 people, PHMSA began updating its CO2 pipeline safety standards. On January 10, 2025, PHMSA issued draft regulations as part of a Notice of Proposed Rulemaking. These draft regulations included 18 proposals, including:
- Redefining "carbon dioxide" to be a fluid of more than 50% CO2 molecules in any combination of gas, liquid, or supercritical phases.
- Establishment of procedures to convert steel pipelines for CO2 or hazardous liquid transport.
- Requiring all carbon dioxide pipeline operators to provide training to emergency responders that addresses threats specific to carbon dioxide releases and provide equipment to local first responders for use during an emergency on a carbon dioxide pipeline.
- Requiring leak detection, fixed vapor detection, and alarm systems for CO2 pipelines.
- Requiring operators of all carbon dioxide pipelines to establish emergency planning zones extending two miles on either side of their pipelines that will inform operators' efforts in ensuring members of the public have adequate emergency response information.
This bill allows transport of CO2 in a pipeline to or from a CO2 capture, removal or sequestration project, not when PHMSA finishes its rulemaking, as is the case under existing state law; but when the OSFM, instead, adopts emergency regulations governing the safe transportation of CO2 in pipelines.
According to the Author
According to the author, "Communities deserve safety and a robust public process whenever a project carrying hazardous materials will be traveling through their communities. While the permitting and building of carbon dioxide pipelines are an important part of the state's carbon capture and sequestration efforts, it cannot come at the expense of community safety. SB 614 aims to enshrine the Biden administration draft regulations in state law to ensure best-in-class safety practices. This bill sets a high standard for establishing when transportation of carbon dioxide by pipeline would be allowed, and would provide experts with the ability to increase safety standards and stringency."
Arguments in Support
The bill is supported by industry groups and the California State Pipe Trades Council, which writes the bill "will establish much-needed state safety regulations for the transportation of carbon dioxide (carbon dioxide) by pipeline, ensuring that California remains at the forefront of climate action while prioritizing public and environmental safety."
Arguments in Opposition
The bill is opposed by a long list of environmental, environmental justice and public health advocacy organizations, who generally oppose CCS (they liken it to "putting filters on a cigarette: it gives the appearance of a solution while allowing underlying harms to continue") and, more specifically, contend this bill is premature, noting: "Shortcutting the process set forth under SB 905 by ending the moratorium early not only presents the legal risk that California regulations will be preempted, but it prevents the state from benefitting from the groundswell of national input and expertise that the PHMSA rulemaking will generate."
FISCAL COMMENTS
According to the Assembly Committee on Appropriations, this bill creates significant new work for the OSFM. However CAL FIRE, the department in which OSFM is located, said costs should be minor and absorbable. CAL FIRE did not provide clarity to the Committee on how they could undertake this workload without more resources.
VOTES
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Menjivar, Reyes
ASM UTILITIES AND ENERGY: 17-0-1
YES: Petrie-Norris, Patterson, Boerner, Calderon, Chen, Davies, Mark González, Harabedian, Irwin, Kalra, Papan, Rogers, Schiavo, Schultz, Ta, Wallis, Zbur
ABS, ABST OR NV: Hart
ASM NATURAL RESOURCES: 12-0-2
YES: Bryan, Alanis, Ellis, Flora, Garcia, Haney, Hoover, Kalra, Muratsuchi, Pellerin, Schultz, Zbur
ABS, ABST OR NV: Connolly, Wicks
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache
ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa
UPDATED
VERSION: July 10, 2025
CONSULTANT: Laura Shybut / U. & E. / (916) 319-2083 FN: 0001479
Date of Hearing: August 20, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 614
Author:(Stern) – As Amended Ver:July 10, 2025
Policy Committee: | Utilities and Energy | Vote: | 17 - 0 |
Natural Resources | 12 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill directs the State Fire Marshal to adopt regulations governing the safe transportation of carbon dioxide in pipelines.
Specifically, this bill, among other things:
- Allows a pipeline to be used to transport carbon dioxide to or from a carbon dioxide capture, removal or sequestration project only after the Fire Marshal adopts regulations and the carbon dioxide capture, removal or sequestration project operator demonstrates that the pipeline meets the standards in those regulations.
- Directs the Fire Marshal, by April 1, 2026, to adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline.
- Directs the Office of Administrative Law (OAL) to consider adoption of the initial regulations as an emergency, and necessary for the immediate preservation of the public peace, health, safety and general welfare to remain in effect until amended by the Fire Marshal.
- States the regulations are to require all pipelines permitted to transport carbon dioxide be newly constructed.
- Authorizes the Fire Marshal to amend the regulations to protect public health and welfare and the environment and directs the Fire Marshal, at least once every five years, to assess the carbon dioxide pipeline safety standards.
FISCAL EFFECT:
This bill creates significant new administrative, analytical and regulatory work for the Fire Marshal. Presumably, the Department of Forestry and Fire Protection (CAL FIRE), in which the Fire Marshal is located, will require additional resources to undertake this work.
When this committee considered AB 881 (Petrie Norris) this spring, CAL FIRE reported it is already working on carbon dioxide pipeline regulation pursuant to authority provided by existing law, so any costs to the Fire Marshal to implement AB 881 should be minor and absorbable.
The committed asked CAL FIRE about costs to implement this bill, and further asked CAL FIRE, if it asserted it could do so with existing resources, to explain, in detail, why it would not require additional resources to undertake the significant workload created by this bill. CAL FIRE did not provide an explanation by the time this analysis was prepared.
It is reasonable to assume, in the absence of evidence to the contrary, this bill entails significant new one-time costs for CAL FIRE, in the low hundreds of thousands of dollars, at least (General Fund).
COMMENTS:
- Purpose. The author intends this bill to allow the safe use of pipelines to move carbon dioxide. The author notes that “the permitting and building of carbon dioxide pipelines are an important part of the state’s carbon capture and sequestration efforts,” but asserts the use of such pipelines “cannot come at the expense of community safety.” The author intends this bill to “enshrine the Biden administration draft regulations in state law to ensure best-in-class safety practices.”
- Background. According to the Air Resources Board’s (ARB’s) “2022 Scoping Plan for Achieving Carbon Neutrality,” carbon capture and sequestration (CCS) will be a necessary tool to reduce greenhouse emissions and mitigate climate change while minimizing leakage and minimizing emissions where no technological alternatives may exist.
State law requires ARB to establish a Carbon Capture, Removal, Utilization, and Storage Program and adopt regulations to create a unified permit application for the construction and operation of carbon dioxide capture, removal or sequestration projects to expedite the issuance of permits or other authorizations for the construction and operation of those projects. However, state law prohibits a pipeline from being used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project until the federal PHMSA has concluded its rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline and the carbon dioxide project operator demonstrates that the pipeline meets those standards.
Following the rupture of a pipeline transporting carbon dioxide as part of an enhanced oil recovery operation in Satartia, Mississippi, in February 2022, which led to local evacuation and the hospitalization of 46 people, PHMSA began updating its carbon dioxide pipeline safety standards and issued draft regulations on January 10, 2025. However, it is unclear if or when PHMSA, under the Trump administration, will finish the rulemaking.
This bill allows transport of carbon dioxide in a pipeline to or from a carbon dioxide capture, removal or sequestration project, not when PHMSA finishes its rulemaking, but when the State Fire Marshall, instead, adopts emergency regulations governing the safe transportation of carbon dioxide in pipelines.
This bill is very similar to AB 881 (Petrie Norris) when it was heard and approved by this committee earlier this year. AB 881 is pending hearing in the Senate Appropriations Committee.
- Support and Opposition. The bill is supported by industry groups and the California State Pipe Trades Council, which writes the bill “will establish much-needed state safety regulations for the transportation of carbon dioxide (carbon dioxide) by pipeline, ensuring that California remains at the forefront of climate action while prioritizing public and environmental safety.”
The bill is jointly opposed by the Center for Biological Diversity and a long list of advocacy organizations, who together write:
Both the federal government and California need to fill the dangerous regulatory gaps for carbon dioxide pipelines before CCS projects are allowed to proceed. Our groups fully support California regulating above and beyond what PHSMA sets as the federal floor. But ending California’s existing partial moratorium before PHMSA’s regulations are complete risks preemption and prevents the state and its residents from benefitting from the nationwide attention and expert input that the federal rulemaking will generate. Ending the moratorium prematurely will also accelerate the poor investment and false climate solution that is CCS.
In short, there is no benefit to California jumping out early and changing the precautionary measure that is already in place.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: July 14, 2025
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
SBPCA Bill Id:SB 614
Author:(Stern) – As Amended Ver:July 10, 2025
SENATE VOTE: 38-0
SUBJECT: Carbon dioxide transport
SUMMARY: Adds carbon dioxide (CO2) to the substances included in the Elder California Pipeline Safety Act of 1981 (Elder Act), which currently applies to petroleum and other hazardous liquids. Requires the Office of the State Fire Marshall (OSFM) to adopt regulations governing the safe transportation of CO2 by April 1, 2026, as specified, and lifts the statewide moratorium on pipelines transporting CO2 to or from a carbon capture, removal, or sequestration project.
EXISTING LAW:
- Requires the Air Resources Board (ARB), pursuant to the California Global Warming Solutions Act, to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020 and to adopt rules and regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. (Health and Safety Code (HSC) 38500 et seq.)
- Requires ARB to ensure that statewide GHG emissions are reduced to at least 40% below the 1990 level by 2030. (HSC 38566)
- Establishes, pursuant to the California Climate Crisis Act, the policy of the state to achieve net zero GHG emissions by 2045, maintain net negative GHG emissions thereafter, and ensure that by 2045, statewide anthropogenic GHG emissions are reduced to at least 85% below the statewide GHG emissions limit. (HSC 38562.2)
- Requires ARB to prepare and approve a scoping plan, at least once every five years, for achieving the maximum technologically feasible and cost-effective reductions in GHG emissions from sources or categories of sources of GHG emissions. (HSC 38561)
- Requires any direct GHG regulation or market-based compliance mechanism adopted by ARB to achieve GHG emissions reductions that are real, permanent, quantifiable, verifiable, and enforceable by ARB. (HSC 38562 (d))
- Requires ARB to establish a Carbon Capture, Removal, Utilization, and Storage Program. (HSC 39741 et seq.)
- Provides that pipelines shall only be utilized to transport CO2 to or from a CO2 capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has concluded its pending rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the CO2 project operator demonstrates that the pipeline meets those standards. This provision does not apply to carbon captured at a permitted facility and transported within that facility or property. (Public Resources Code (PRC) 71465(a))
- Requires the Natural Resources Agency, in consultation with the Public Utilities Commission, to provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids. (PRC 71465(b))
- Pursuant to the Elder Act:
- Grants the OSFM exclusive safety, regulatory, and enforcement authority over intrastate hazardous liquid pipelines. (Government Code (GC) 51010)
- Defines “pipeline” for the purposes of the Elder Act as every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances; and does not include an interstate pipeline subject to federal regulations, a pipeline that transports hazardous substances in a gaseous state, and other specified exclusions. (GC 51010.5)
- Requires OSFM to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, including, but not limited to, compliance orders, penalties, and inspection and maintenance provisions. (GC 51011)
- Requires every newly constructed pipeline, existing pipeline, or part of a pipeline system that has been relocated or replaced, and every pipeline that transports a hazardous liquid substance or highly volatile liquid substance, to be tested in accordance with federal regulations and every pipeline more than 10 years of age and not provided with effective cathodic protection to be hydrostatically tested every three years, except for those on the OSFM's list of higher risk pipelines, which shall be hydrostatically tested annually. (GC 51013.5)
- Requires every operator of an intrastate pipeline to maintain each valve and check valve necessary for safe pipeline operations, and requires OSFM to promulgate regulations for maintaining, testing, and inspecting these valves. (GC 51015.4)
- Authorizes OSFM to assess and collect from every pipeline operator an annual administrative fee. (GC 51019)
- Pursuant to federal law:
- Grants the United States Secretary of Transportation the regulatory and enforcement authority over gas and hazardous liquid pipelines, including CO2 pipelines. (49 United States Code 60102)
- Prohibits the Secretary of Transportation from prescribing or enforcing safety standards and practices for an intrastate pipeline or intrastate pipeline facility to the extent that the safety standards and practices are regulated by a state authority, except as provided. (49 United States Code 60105)
- Defines “carbon dioxide,” for the purposes of the PHMSA regulations, as a fluid consisting of more than 90% carbon dioxide molecules compressed to a supercritical state. (49 Code of Federal Regulations195.2)
THIS BILL:
- Requires the OSFM, by April 1, 2026, to adopt regulations governing the safe transportation of CO2 in pipelines that are “equivalent” to draft regulations issued by PHMSA on January 10, 2025. Provides that these regulations may be initially adopted as emergency regulations under the Administrative Procedures Act (APA).
- Requires OSFM to consider the use of odorants, and require odorants if OSFM finds them feasible, safe and effective.
- Requires OSFM’s regulations to require all CO2 pipelines to be newly constructed, and not converted from existing pipelines.
- Permits the OSFM to amend the regulations, as it deems necessary after adoption, to provide standards for various issues, including pipeline design, materials, odorants, leak detection, and emergency response, among other issues.
- Allows the OSFM to order a CO2 pipeline to shut down for violations of state or federal law, or if continued operations present immediate danger.
- Requires CO2 transported by pipeline to meet or exceed standards adopted by OSFM to be recognized by ARB for a requirement adopted pursuant to the Global Warming Solutions Act.
- Lifts the moratorium on intrastate pipelines used for CO2 transport for CO2 capture, removal, or sequestration projects once the OSFM has adopted regulations, and the pipeline operator demonstrates that the pipelines meets the standards in the regulations.
- Establishes related findings.
FISCAL EFFECT: According to the Senate Appropriations Committee, unknown initial costs for the OSFM to develop regulations regarding the transport of carbon dioxide in a pipeline (California Hazardous Liquid Pipeline Safety Fund). Actual fiscal impact to the OSFM will depend on the extent the OSFM may absorb this workload through its existing oversight responsibilities for pipelines transporting hazardous liquid substances. The OSFM’s ongoing regulatory costs may be offset to some extent by pipeline operator annual fees.
COMMENTS:
- Background. There are a number of CO2 sources. An abundant source is from underground reservoirs where CO2 under pressure occurs naturally. It can also be produced commercially in natural gas plants, ammonia plants, and recovered from power plant stack gas with carbon capture technology.
At normal temperatures and atmospheric pressure, CO2 is an odorless and colorless gas, not flammable, and denser than air. It will not combust, but it can be fatal to humans if enclosed due to the potential for suffocation. CO2 may exist either as a solid or gas depending on temperature and pressure. Dry ice for refrigeration is a common use of CO2 in solid form. When pressurized to extremely high pressures (1,200 pounds per square inch gauge (psig)), CO2 enters a supercritical state. Supercritical CO2 is a fluid state where CO2 is held at or above its critical temperature and critical pressure, where its properties are midway between a gas and a liquid.
PHMSA regulations define CO2 as a fluid consisting of more than 90% CO2 molecules compressed to a supercritical state. The remaining 10% may be comprised of gases such as water, nitrogen, oxygen, methane, or other impurities. Federal standards set CO2 impurity limits for transportation pipelines.
Pipeline transportation of CO2 in the supercritical state is more practical than transportation in the gaseous state. As a dense vapor in the supercritical state, CO2 can be transported more economically and efficiently using smaller pipelines and pumps because greater volumes of fluid may be transported. Most CO2 is transported in the supercritical state in steel pipelines kept at 2,200 psig.
CO2 has been used for many years to aid in the production of crude oil. Because of its high degree of solubility in crude oil and abundance, CO2 is a popular extraction tool in enhanced oil recovery (EOR) projects. In EOR, the CO2 mixes with crude oil making the oil more mobile and easier to extract. Supercritical CO2 has also grown in popularity as a solvent in the chemical industry, where it can replace more toxic, volatile organic compounds.
PHMSA has exclusive federal authority over interstate pipeline facilities. An interstate pipeline is defined as a pipeline that is used in the transportation of hazardous liquid or CO2 in interstate or foreign commerce. Typically, these lines cross state borders or begin in federal waters.
OSFM regulates intrastate hazardous liquid pipelines pursuant to the Elder Act, while the PUC regulates intrastate gas pipelines (both natural gas and liquid petroleum gas, or propane). An intrastate pipeline is defined as a pipeline that is located entirely within state borders, including offshore state waters.
OSFM may regulate portions of interstate hazardous liquid pipelines located within the state, if there is an agreement between PHMSA and OSFM. OSFM is only allowed to enter into an agreement with PHMSA if it is given all regulatory and enforcement authority of the pipelines subject to the agreement. The vast majority of hazardous liquid pipelines in California carry petroleum.
The Elder Act was written in the 1980s to address petroleum pipelines. It has been updated over the years in the wake of petroleum pipeline accidents to add safety requirements based on issues unique to petroleum pipelines, most recently following the 2015 Refugio spill in Santa Barbara County. However, the original Act, as well as the updates, are geared towards petroleum infrastructure and characteristics, as well as lessons learned from petroleum pipeline accidents.
CO2 is not currently defined as a hazardous substance under PHMSA regulations. As noted above, the most dangerous hazard of CO2 is asphyxiation. Because CO2 is denser than air, it may pool in enclosed spaces or fail to disburse when released in areas without strong air circulation. The most deadly incident involving CO2 occurred in 1986 in Lake Nyos, Cameroon which is one of only three lakes in the world known to be naturally saturated with CO2. An eruption of dissolved CO2 in the lake suddenly released an estimated 1.6 million tons of CO2 into the air, killing 1,700 people and 3,500 livestock. However, industrial CO2 accidents may also occur, such as a 2008 leak at a fire extinguishing installation in Germany, which led to the hospitalization of 19 people. More recently, a CO2 pipeline accident occurred in Satartia, Mississippi in February 2020, when a pipeline that was part of a network used for EOR ruptured, causing the evacuation of local residents and the hospitalization of 46 people.
According to a 2023 California Natural Resources Agency report to the Legislature, PHMSA has delegated regulatory authority for intrastate pipelines to OSFM. However, OSFM’s jurisdiction under this delegation is limited to enforcing the federal standards, rather than establishing state standards. Currently, PHMSA has only established safety standards regarding the transport of CO2 in a supercritical state at a concentration of 90% or higher. The transport of CO2 in concentrations of less than 90%, or in liquid or gas form is unregulated. PHMSA has noted this regulatory gap is due to the limited (supercritical-phase only) CO2 pipelines in operation in 1991 during the creation of the original federal rules.
PHMSA initiated an update to its CO2 pipeline safety standards after the Satartia accident, and on January 10, 2025, issued draft regulations. These draft regulations included 18 proposals, including:
- Redefining “carbon dioxide” to be a fluid of more than 50% CO2 molecules in any combination of gas, liquid, or supercritical phases.
- Establishing procedures to convert steel pipelines for CO2 or hazardous liquid transport.
- Requiring all CO2 pipeline operators to provide training to emergency responders that addresses threats specific to CO2 releases and provide equipment to local first responders for use during a CO2 pipeline emergency.
- Requiring leak detection, fixed vapor detection, and alarm systems for CO2 pipelines.
- Requiring operators of all CO2 pipelines to establish emergency planning zones extending two miles on either side of their pipelines that will inform operators’ efforts in ensuring members of the public have adequate emergency response information.
- Author’s statement:
Communities deserve safety whenever a project carrying hazardous materials will be traveling through their communities. While the permitting and building of carbon dioxide pipelines are an important part of the state’s carbon capture and sequestration efforts, it cannot come at the expense of community safety. SB 614 aims to enshrine the Biden administration draft regulations in state law to ensure best-in-class safety practices. This bill directs the Office of State Fire Marshal to ensure high standards for establishing when transportation of carbon dioxide by pipeline would be allowed, and would provide experts with the ability to increase safety standards and stringency
- Related legislation. This bill is substantially similar to AB 881 (Petrie-Norris), which passed this committee April 28 and is set for hearing in the Senate Environmental Quality Committee July 16.
- Double referral. This bill was heard in the Utilities and Energy Committee on July 9 and passed by a vote of 17-0.
REGISTERED SUPPORT / OPPOSITION:
Support (prior version)
Bloom Energy
California State Pipe Trades Council
Opposition (prior version)
1000 Grandmothers for Future Generations Bay Area
350 Bay Area Action
350 Contra Costa Action
350 Humboldt
350 Santa Barbara
Asian Pacific Environmental Network
Biofuelwatch
CA Youth vs. Big Oil
California Environmental Justice Alliance (CEJA) Action
Center for Biological Diversity
Central California Asthma Collaborative
Climate Equity Policy Center
Climate Hawks Vote
Climate Health Now Action Fund
Climate Reality San Francisco Bay Area Chapter
Consumer Watchdog
El Pueblo Para El Aire y Agua Limpia de Kettleman City
Elders Climate Action
Elders Climate Action NorCal Chapter
Extinction Rebellion San Francisco Bay Area
Food & Water Watch
Food Empowerment Project
Fossil Free California
Good Neighbor Steering Committee of Benicia
Greenpeace USA
Interfaith Climate Action Network of Contra Costa County
Labor Rise Climate Jobs Action Group
Little Manila Rising
Oil and Gas Action Network
Oil Change International
Physicians for Social Responsibility - Los Angeles
Planning and Conservation League
Progressive Democrats of Benicia
Protect Monterey County
San Francisco Bay Physicians for Social Responsibility
San Francisco Baykeeper
Sandiego350
Santa Cruz Climate Action Network
Science and Environmental Health Network
See (Social Eco Education)
Sierra Club California
Solano County Democratic Central Committee
Sunflower Alliance
Unidos Network
West Berkeley Alliance for Clean Air and Safe Jobs
Analysis Prepared by: Lawrence Lingbloom / NAT. RES. /
Date of Hearing: July 9, 2025
ASSEMBLY COMMITTEE ON UTILITIES AND ENERGY
Cottie Petrie-Norris, Chair
SBPCA Bill Id:SB 614
Author:(Stern) – As Amended Ver:May 5, 2025
SENATE VOTE: 38-0
SUBJECT: Carbon dioxide transport
SUMMARY: Adds carbon dioxide (CO2) to the substances included in the Elder California Pipeline Safety Act of 1981 (Elder Act), which currently applies to petroleum and other hazardous liquids. Requires the Office of the State Fire Marshall (OSFM) to adopt regulations governing the safe transportation of CO2 by April 1, 2026, as specified, and lifts the statewide moratorium on pipelines transporting CO2 to or from a carbon capture, removal, or sequestration project. Specifically, this bill:
- Modifies provisions of the Elder Act to include CO2 throughout.
- Requires the OSFM to develop regulations by April 1, 2026, that at minimum meet the standards proposed by the draft regulations issued by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) on January 10, 2025, and requires OSFM to post those federal draft regulations on its website by January 15, 2026.
- Requires the OSFM to coordinate with relevant agencies to ensure the regulations require a project applicant to demonstrate that the transportation of CO2 in a pipeline complies with all of the following:
- The California Endangered Species Act.
- The Porter-Cologne Water Quality Control Act.
- The California Environmental Quality Act.
- Other Applicable state laws and regulations.
- Applicable local land use and zoning regulations.
- Requires all pipelines permitted to transport CO2 to be newly constructed and not converted from existing pipelines.
- Authorizes the OSFM to protect the public health and welfare and the environment to require additional safety standards, including, but not limited to:
- Pipeline design.
- Fracture mechanics.
- Pipeline materials.
- Valve materials.
- Conversion of existing pipeline.
- Pipeline location.
- Potential impact areas of a release.
- Land movement.
- Operation.
- Odorant requirements.
- Leak detection.
- Emergency response.
- Monitoring and detection of contaminants entering the pipeline.
- Maintenance.
- Other factors deemed appropriate by the SFM.
- Requires the OSFM, at least once every five years, to assess the safety standards and shall amend the regulations to increase safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines.
- Requires, until January 1, 2036, the OSFM to establish the Carbon Dioxide Pipeline Safety Advisory Committee (Committee) for both of the following purposes:
- Making recommendations, as necessary, to the SFM regarding additional safety standards as described above.
- Informing local agencies and every pipeline operator transporting CO2 of changes in applicable laws and regulations affecting the operations of pipelines and reviews proposed CO2 pipeline safety regulations as described above.
- Authorizes the OSFM, for a pipeline transporting CO2, to order a pipeline shutdown for violations of the provisions of this bill or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
- Authorizes assessed civil penalties to be used to provide fire responder training for hazardous gas suppression training to local fire departments. Existing law assesses a civil penalty for a violation of the Act or regulations pursuant to the Act and requires these penalties, upon appropriation by the Legislature, to be available to provide hazardous liquid fire suppression training to local fire departments.
- Lifts the moratorium on intrastate CO2 pipelines used in CO2 capture, removal, or sequestration projects only if the pipelines are regulated by the OSFM under the above regulations, and the project operator demonstrates that the pipeline meets those regulations.
- Establishes findings related to CO2 pipelines, largely focused on carbon capture being part of the state’s climate strategy and the intent that CO2 pipelines operate in a manner that minimizes risks.
EXISTING LAW:
- Provides that pipelines shall only be utilized to transport CO2 to or from a CO2 capture, removal, or sequestration (CCS) project once the federal PHMSA has concluded its pending rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the CO2 project operator demonstrates that the pipeline meets those standards. This provision does not apply to carbon captured at a permitted facility and transported within that facility or property. (Public Resources Code § 71465(a))
- Requires the Natural Resources Agency, in consultation with the California Public Utilities Commission (CPUC), to provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids. (Public Resources Code § 71465(b))
- Pursuant to the Elder Act:
- Grants the OSFM exclusive safety, regulatory, and enforcement authority over intrastate hazardous liquid pipelines. (Government Code § 51010)
- Defines “pipeline” for the purposes of the Elder Act as every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances; and does not include an interstate pipeline subject to federal regulations, a pipeline that transports hazardous substances in a gaseous state, and other specified exclusions. (Government Code § 51010.5)
- Requires OSFM to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, including, but not limited to, compliance orders, penalties, and inspection and maintenance provisions. (Government Code § 51011)
- Requires each pipeline operator to file with OSFM an inspection, maintenance, improvement, or replacement assessment for older pipelines. This includes pipelines built before January 1, 1960 and any pipeline installed on or after January 1, 1960, for which regular internal inspections cannot be conducted, or which shows diminished integrity due to corrosion or inadequate cathodic protection. (Government Code § 51012.4)
- Requires every newly constructed pipeline, existing pipeline, or part of a pipeline system that has been relocated or replaced, and every pipeline that transports a hazardous liquid substance or highly volatile liquid substance, to be tested in accordance with federal regulations. It also requires that every pipeline more than 10 years of age and not provided with effective cathodic protection to be hydrostatically tested every three years, except for those on the OSFM's list of higher risk pipelines, which shall be hydrostatically tested annually. (Government Code § 51013.5)
- Defines “hydrostatic testing” as the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium. (Government Code § 51010.5 (c))
- Requires every operator of an intrastate pipeline to maintain each valve and check valve necessary for safe pipeline operations, and requires OSFM to promulgate regulations for maintaining, testing, and inspecting these valves. (Government Code § 51015.4)
- Authorizes OSFM to assess and collect from every pipeline operator an annual administrative fee. (Government Code § 51019)
- Pursuant to federal law:
- Grants the United States Secretary of Transportation the regulatory and enforcement authority over gas and hazardous liquid pipelines, including CO2 pipelines. (49 United States Code § 60102)
- Prohibits the Secretary of Transportation from prescribing or enforcing safety standards and practices for an intrastate pipeline or intrastate pipeline facility to the extent that the safety standards and practices are regulated by a state authority, except as provided. (49 United States Code § 60105)
- Defines “carbon dioxide,” for the purposes of the United States Department of Transportation PHMSA regulations, as a fluid consisting of more than 90% carbon dioxide molecules compressed to a supercritical state. (49 Code of Federal Regulations § 195.2)
- Defines “hazardous liquid” as petroleum, petroleum products, anhydrous ammonia, and ethanol or other non-petroleum fuel, including biofuel, which is flammable, toxic, or would be harmful to the environment if released in significant quantities. (49 Code of Federal Regulations § 195.2)
FISCAL EFFECT: According to the Senate Committee on Appropriations, this bill will result in unknown, potentially absorbable costs to the OSFM. The committee notes the actual fiscal impact will depend on the extent OSFM may absorb this bill’s workload into existing responsibilities and whether costs may be offset by pipeline operator annual fees.
CONSUMER COST IMPACTS: Unknown.
BACKGROUND:
CO2 – There are a number of CO2 sources. An abundant source is from underground reservoirs where CO2 under pressure occurs naturally. It can also be produced commercially in natural gas plants, ammonia plants, and recovered from power plant stack gas with carbon capture technology.
At normal temperatures and atmospheric pressure, CO2 is an odorless and colorless gas, not flammable, and denser than air. It will not combust, but it can be fatal to humans due to the potential for suffocation. CO2 may exist either as a solid or gas depending on temperature and pressure. Dry ice for refrigeration is a common use of CO2 in solid form. When pressurized to extremely high pressures (1,200 pounds per square inch gauge (psig)), CO2 enters a supercritical state. Supercritical CO2 is a fluid state where CO2 is held at or above its critical temperature and critical pressure, where its properties are midway between a gas and a liquid.
PHMSA regulations define CO2 as a fluid consisting of more than 90% CO2 molecules compressed to a supercritical state. The remaining 10% may be comprised of gases such as water, nitrogen, oxygen, methane, or other impurities. Federal standards set CO2 impurity limits for transportation pipelines.
Pipeline transportation of CO2 in the supercritical state is more practical than transportation in the gaseous state. As a dense vapor in the supercritical state, CO2 can be transported more economically and efficiently using smaller pipelines and pumps because greater volumes of fluid may be transported. Most CO2 is transported in the supercritical state in steel pipelines kept at 2,200 psig.
As of May 2023, there were just over 5,000 miles of CO2 pipelines in the United States, compared to 229,287 miles of hazardous liquid transmission pipelines carrying products such as crude oil, gasoline, jet fuel, and other liquid commodities.[1] The majority of CO2 pipelines are currently used for enhanced oil recovery (EOR), where supercritical CO2 is pumped into existing oil wells to extract more product. Most of the CO2 being transported through these existing pipelines comes from high pressure, higher purity natural underground sources.[2]
What are the commercial applications of CO2? – Unsurprisingly, the beverage market is the largest segment of CO2 use; however, the beverage market requires food grade CO2 with a much higher purity rating than required in industrial or pipeline applications. CO2 has been used for many years to aid in the production of crude oil. Because of its high degree of solubility in crude oil and its abundance, CO2 is a popular extraction tool in EOR projects. In EOR, the CO2 mixes with crude oil, making the oil more mobile and easier to extract.[3] There is currently a statutory moratorium on CO2 in EOR in the state.[4] Supercritical CO2 has also grown in popularity as a solvent in the chemical industry, where it can replace more toxic, volatile organic compounds.[5]
Carbon Neutrality – Reaching carbon neutrality means that all CO2 emissions are either completely eliminated or balanced out by removing an equal amount from the atmosphere. This is necessary to limit global temperature rise above historic levels. While the term “carbon neutrality” is often used in the same way as “net zero GHG emissions,” the latter is inclusive of all greenhouse gases – not just CO2 – such as nitrous oxide, as defined by AB 32 (Nunez, Chapter 488, Statutes of 2006).
California set a target to reach carbon neutrality by 2045 under Governor Brown’s Executive Order B-55-18. This target became law in 2022 through AB 1279, authored by Assemblymember Muratsuchi. The law requires that at least 85% of emissions be directly reduced, and no more than 15% can be offset through technologies that remove emissions from the atmosphere.
Interstate vs. Intrastate Jurisdictions – PHMSA has exclusive federal authority over interstate pipeline facilities.[6] An interstate pipeline is one used in the transportation of hazardous liquid or carbon dioxide in interstate or foreign commerce. Typically, these lines cross state borders or begin in federal waters. As of 2015, there were 1,188 miles of interstate pipeline in California.[7] State agencies may regulate portions of interstate pipelines located within the state if there is an agreement between PHMSA and the agency. For hazardous liquid pipelines, that agreement is with OSFM; for gas pipelines, it is the CPUC. These agencies are only allowed to enter into an agreement with PHMSA if given all regulatory and enforcement authority of the pipelines subject to the agreement. PHMSA maintains these agreements as certifications through the Office of Pipeline Safety, which are updated annually.[8]
OSFM and the CPUC share the regulation over intrastate pipeline facilities. OSFM regulates intrastate hazardous liquid pipelines pursuant to the Elder California Pipeline Safety Act of 1981.[9] Whereas the CPUC regulates intrastate gas pipelines (both natural gas and liquid petroleum gas). An intrastate pipeline is defined as a pipeline that is located entirely within state borders, including offshore state waters. As of 2015, there were 4,500 miles of intrastate pipeline in California, although that number was predicted to grow.[10] The vast majority of pipelines in California carry petroleum based hazardous liquids.[11]
According to a 2023 California Natural Resources Agency report to the Legislature, PHMSA has delegated regulatory authority for intrastate CO2 pipelines to OSFM.[12] However, OSFM’s jurisdiction under this delegation is limited to enforcing the federal standards, rather than establishing state standards.[13] Currently, PHMSA has only established safety standards regarding the transport of CO2 in a supercritical state at a concentration of 90% or higher.[14] The transport of CO2 in concentrations of less than 90%, or in liquid or gas form is unregulated.[15] PHMSA has noted this regulatory gap is due to the limited (supercritical-phase only) CO2 pipelines in operation in 1991 during the creation of the original federal rules.[16]
PHMSA was in the process of updating their safety standards for CO2 pipelines,[17] and on January 10, 2025, issued draft regulations as part of a Notice of Proposed Rulemaking.[18] These draft regulations included 18 proposals, including:
- Redefining “carbon dioxide” to be a fluid of more than 50% CO2 molecules in any combination of gas, liquid, or supercritical phases.
- Establishment of procedures to convert steel pipelines for CO2 or hazardous liquid transport.
- Requiring all carbon dioxide pipeline operators to provide training to emergency responders that addresses threats specific to carbon dioxide releases and provide equipment to local first responders for use during an emergency on a carbon dioxide pipeline.
- Requiring leak detection, fixed vapor detection, and alarm systems for CO2 pipelines.
- Requiring operators of all carbon dioxide pipelines to establish emergency planning zones extending two miles on either side of their pipelines that will inform operators’ efforts in ensuring members of the public have adequate emergency response information.[19]
There are still many steps to go before the PHMSA rules become finalized. First, the Office of the Federal Register needs to publish the official NPRM, which has yet to occur. PHMSA then undergoes an extensive public process with advisory committee meetings, as well as receiving public comments from the Federal Register posting. PHMSA incorporates that public process in its final rule.
However, in compliance with a January 20, 2025, memorandum issued by President Trump,[20] PHMSA withdrew the NPRM from Federal Register publication, rendering it not open for public comment. How PHMSA will proceed with its NPRM is uncertain, although the agency may separately consider other regulatory changes related to CO2 pipeline safety. On June 4, 2025, following a series of executive orders issued by President Trump, PHMSA published an advance notice of proposed rulemaking soliciting "stakeholder feedback on whether to repeal or amend" any of its pipeline safety requirements.[21]
Safety Considerations of CO2 – CO2 is not currently defined as a hazardous substance under PHMSA regulations. As noted above, the most dangerous hazard of CO2 is asphyxiation. Because CO2 is denser than air, it may pool in enclosed spaces or fail to disburse when released in areas without strong air circulation. The most deadly incident involving CO2 occurred in 1986 in Lake Nyos, Cameroon which is one of only three lakes in the world known to be naturally saturated with CO2. An eruption of dissolved CO2 in the lake suddenly released an estimated 1.6 million tons of CO2 into the air, killing 1,700 people and 3,500 livestock. However, industrial CO2 accidents may also occur, such as a 2008 leak at a fire extinguishing installation in Germany, which led to the hospitalization of 19 people.[22] More recently, a CO2 pipeline accident occurred in Satartia, Mississippi in February 2020, when a pipeline that was part of a network used for EOR ruptured, causing the evacuation of local residents and the hospitalization of 46 people. Emergency responders were not notified by the company that owned the pipeline about the leak and did not know what type of leak they were responding to.[23] The subsequent investigation by PHMSA found the operator’s actions and omissions contributed to the accident and its severity.[24]
COMMENTS:
- Author’s Statement. According to the author, “Communities deserve safety and a robust public process whenever a project carrying hazardous materials will be traveling through their communities. While the permitting and building of carbon dioxide pipelines are an important part of the state’s carbon capture and sequestration efforts, it cannot come at the expense of community safety. SB 614 aims to enshrine the Biden administration draft regulations in state law to ensure best-in-class safety practices. This bill sets a high standard for establishing when transportation of carbon dioxide by pipeline would be allowed, and would provide experts with the ability to increase safety standards and stringency."
- Purpose of Bill. Implementing SB 905’s CO2 Framework. In 2022, SB 905 (Caballero, Chapter 359, Statutes of 2022) was signed by Governor Newsom. The bill prohibits the use of intrastate pipelines to transport CO2 until PHMSA completes its rulemaking process. SB 905 required the California Natural Resources Agency (CNRA) to “provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety.”[25]
The proposal was released in March 2023, and included various recommendations “aimed at informing additional legislation that would be necessary to create a robust regulatory framework governing CO2 pipelines so as to protect public, health, safety, and the environment. These recommendations are made with the recognition that CCS and carbon removal projects, and CO2 transport, represent a new set of technologies and infrastructure and accordingly, poses, new risks and potential adverse impact to human health, safety, and the environment should a pipeline failure occur.”[26]
One of the recommendations included providing the OSFM with clear regulatory authority over pipeline transportation of CO2 in liquid, gas, and supercritical state to protect public safety. As part of this recommendation the CNRA stated that “clear authority to draft safety-related regulations governing intrastate CO2 pipelines will avoid ambiguity about which state agency is charged with regulating liquid, gas, and supercritical CO2 pipelines. It will also ensure a well-defined and understood regulatory process that includes robust public process and allows time to incorporate emerging information from new research and development studies.”[27] Additionally, CNRA recommended OSFM be designated clear administrative and enforcement authority to order intrastate CO2 pipelines shutdown immediately when safety regulations are violated.[28]
This bill is an effort to implement many of these recommendations.
- CTRL V. The Elder Act was written in the 1980s to address petroleum pipelines. It has been updated over the years in the wake of petroleum pipeline accidents to add safety requirements, most recently following the 2015 Refugio spill in Santa Barbara County. However, the original Act, as well as the updates, are geared towards petroleum infrastructure and characteristics, as well as lessons learned from petroleum pipeline accidents.
This bill inserts “carbon dioxide” wherever the Elder Act refers to hazardous liquid. In some cases, this may be inappropriate. For example, the bill exempts offshore CO2 pipelines in federal waters and flow lines. These existing exemptions are based on petroleum production infrastructure and may not make sense for CO2. The bill also exempts CO2 pipelines on onshore production, refining, and manufacturing facilities, which again is based on petroleum infrastructure and may be inappropriate given the characteristics of CO2 and likelihood that a pipeline rupture may have impacts well beyond the boundaries of the production, refining, or manufacturing facility where the pipeline is located.
CO2 safety regulations may need to be tailored to the unique characteristics of CO2 and may need to be more stringent than petroleum pipelines, at least while the industry builds knowledge and experience. The bill acknowledges this distinction by highlighting potential amendments to regulations of CO2 pipelines to address other issues not addressed in the Elder Act, such as standards for impurities and added odorants. Given this, the committee recommends striking the provisions of this bill in the Elder Act that exempt certain types of CO2 transport that are unique to petroleum pipelines, specifically in GOV § 51010.5 (a)(4)-(7) and (b).
- Timing and Overlap. As mentioned above, PHMSA is currently undergoing a rulemaking to update their safety standards around CO2 pipelines, and issued a draft Notice of Proposed Rulemaking (NPRM) in January 2025.[29] It is unclear how long this process may take, or what level of priority this rulemaking has under the new federal administration.
The statewide moratorium on CO2 pipeline transport for CCS projects, adopted in 2022 under SB 905 (Caballero, Chapter 359, Statutes of 2022), lifts once PHMSA concludes this rulemaking, and pipeline operators demonstrate their pipelines meet the new federal standards. Given the uncertainty with the federal rules, this bill lifts the moratorium before the federal action and introduces new safety regulation development at the state level through the OSFM.
The bill requires the OSFM to adopt state rules under a very ambitious timeline – 3 months – by April 1, 2026. This quick timeline seems to be motivated, in part, by millions of dollars in federal tax credits that these projects are currently eligible to receive.[30] The recent federal tax bill, H.R.1, kept the 45Q tax credits for carbon capture but at a much less generous level.[31]
Moreover, the bill requires OSFM to ensure the regulations not only meet the standards of the NPRM, but also that OSFM consult with various agencies to ensure the regulations require applicants to demonstrate compliance with specified California laws. The bill further requires OSFM to establish a Carbon Dioxide Pipeline Safety Advisory Committee to make recommendations for these safety standards, and provides 15 additional considerations for potential inclusion. The bill does not provide any exemption to the Administrative Procedures Act (APA), which governs the development of administrative regulations to ensure they are comprehensible, authorized by statute, consistent with other laws, and undertaken in a process that is accessible and transparent to the public. While fair and transparent, the APA process can take time. It is unclear how such an effort, with many new requirements on regulatory development and consultations, may occur within 3 months.
The author has asserted the federal draft NPRM are largely comprehensive and “establish a workable framework for California.” However, the bill currently offers a structure for regulatory development that is highly ambitious and potentially infeasible. As a result, the committee recommends a number of changes to the structure of OSFM regulatory development, to make completion under the statutory timeline more likely:
- Clarify that the regulations shall be “adopted” by April 1, 2026, not just “developed.”
- Require the initial regulations to be adopted in 3 months be “equivalent to” the draft federal regulations, and that any additional requirements for OSFM to incorporate in regulation – except for consideration of odorants and the requirement that the permitted pipelines be newly constructed, which shall both be included in the initial regulations – shall be as amendments to these initial regulations.
- Provide that the initial regulations be considered emergency regulations, which still provide for a public comment period, but any subsequent amendment must go through the full APA process.
- Strike the establishment of the Carbon Dioxide Pipeline Safety Advisory Committee.
- Clarify that the five-year review of the safety standards in GOV § 51011.5 (c) “may” lead to amendments of the regulations, to align with the existing OSFM directive to “may require” these additional standards.
- Inter and Intra Moratoria. The author has indicated the intent of this bill is for the CCS moratorium to be lifted only upon the OSFM adopting the PHMSA regulations. However, the bill is unclear in this timing, and seems to apply the moratorium removal to both inter- and intrastate pipelines. A coalition of environmental organizations raise concern around this point, writing in opposition to the bill: “SB 614 would prematurely and unnecessarily end California’s partial pause on CO2 pipelines.” Particularly when the future is unclear at the federal level with PHMSA withdrawing the NPRM, it is not clear how secure the leadership taken under this bill will be. Given the author’s stated intent, the committee recommends amendments to clarify the statewide CO2 pipeline moratorium is only lifted upon OSFM adopting regulations for intrastate pipelines under OSFM jurisdiction, and retaining the moratorium for interstate pipelines until PHMSA concludes its rulemaking.
- Additional Amendments. This bill requires additional clarification or clean-up, such as applying the OSFM authority to order a pipeline to shutdown to any violation of state or federal law, not just the proposed GOV § 51011.5; or striking “conversion of existing pipelines” in the list of additional considerations for OSFM in GOV § 51011.5 (b), as its inclusion is contrary to the requirement in the bill that all CO2 pipelines “be newly constructed and not converted from existing pipelines.” The committee recommends adopting these changes.
- Related Legislation.
AB 881 (Petrie-Norris), largely similar to this measure, requires OSFM to adopt regulations for the transportation of CO2 in a pipeline, including certain specified safety standards that, at a minimum, meet those proposed by the PHMSA. Status: set for hearing on July 16, 2025, in the Senate Committee on Environmental Quality, after passage in the Senate Committee on Governmental Organization 14-0-1.
- Prior Legislation.
AB 2623 (Arambula, 2024) added CO2, compressed to a supercritical state, to the substances included in the Elder Act, giving the OSFM exclusive jurisdiction to regulate intrastate pipeline transportation of CO2. Also required the OSFM to adopt safety-related regulations governing intrastate CO2 pipelines that include design, operation, and maintenance requirements on the pipelines themselves, public safety requirements, and reporting requirements, among other requirements as specified; and expanded the statutory moratorium on CO2 pipeline usage from being until the federal safety standards are adopted, to being until both the federal and state safety regulations are adopted. Status: Died – Assembly Committee on Utilities and Energy.
AB 1676 (Grayson, 2022) added CO2, compressed to a supercritical state, to the substances included in the Elder Act, giving the OSFM exclusive jurisdiction to regulate intrastate pipeline transportation of CO2 under the existing provisions of the Elder Act, which currently applies to petroleum and other hazardous liquids. Status: Died – Assembly Committee on Natural Resources.
SB 905 (Caballero) requires CARB to establish a Carbon Capture, Removal, Utilization, and Storage (CCRUS) Program and adopt regulations for a model unified permit program for the construction and operation of CCRUS projects. Established a statewide moratorium against utilizing pipelines for transporting CO2 until the federal standards are promulgated. Status: Chapter 359, Statutes of 2022.
AB 1531 (O’Donnell, 2021) expanded the regulatory oversight of the OSFM to include intrastate pipelines transporting supercritical CO2, and defines "carbon dioxide" as a fluid consisting of more than 90% carbon dioxide molecules compressed to a supercritical state, mirroring the federal definition. Status: Died – Senate Appropriations
- Double Referral. This bill is double referred. Upon passage in this committee, it will be referred to the Assembly Committee on Natural Resources for its review.
REGISTERED SUPPORT / OPPOSITION:
Support
Bloom Energy
California State Pipe Trades Council
Opposition
1000 Grandmothers for Future Generations Bay Area
350 Bay Area Action
350 Contra Costa Action
350 Humboldt
350 Santa Barbara
Asian Pacific Environmental Network
Biofuelwatch
CA Youth Vs. Big Oil
California Environmental Justice Alliance (CEJA) Action
Center for Biological Diversity
Central California Asthma Collaborative
Climate Equity Policy Center
Climate Hawks Vote
Climate Health Now Action Fund
Climate Reality San Francisco Bay Area Chapter
Consumer Watchdog
El Pueblo Para El Aire Y Agua Limpia De Kettleman City
Elders Climate Action
Elders Climate Action Norcal Chapter
Extinction Rebellion San Francisco Bay Area
Food & Water Watch
Food Empowerment Project
Fossil Free California
Good Neighbor Steering Committee of Benicia
Greenpeace USA
Interfaith Climate Action Network of Contra Costa County
Labor Rise Climate Jobs Action Group
Little Manila Rising
Oil and Gas Action Network
Oil Change International
Physicians for Social Responsibility - Los Angeles
Physicians for Social Responsibility Los Angeles
Planning and Conservation League
Progressive Democrats of Benicia
Protect Monterey County
San Francisco Bay Physicians for Social Responsibility
San Francisco Baykeeper
Sandiego350
Santa Cruz Climate Action Network
Science and Environmental Health Network
See (social Eco Education)
Sierra Club California
Solano County Democratic Central Committee
Sunflower Alliance
Unidos Network INC
West Berkeley Alliance for Clean Air and Safe Jobs
Analysis Prepared by: Laura Shybut / U. & E. / (916) 319-2083
Pipeline Safety Trust; “Carbon Dioxide Pipeline Safety;” Summary for Policymakers; May 2023. ↑
Pipeline Safety Trust, May 2023; Ibid. ↑
Federal Register, Vol. 56, No. 113; June 12, 1991; 49 C.F.R. Part 195 “Transportation of Carbon Dioxide by Pipeline.” ↑
Public Resources Code § 3132, added by SB 1314 (Limon, Chapter 336, Statutes of 2022) ↑
Chemical Engineering; “Supercritical CO2: A Green Solvent;” February 1, 2010; https://www.chemengonline.com/supercritical-co2-a-green-solvent/?printmode=1 ↑
49 USC § 60101, et seq. ↑
Cal FIRE-OSFM Pipeline Safety Division “Information Sheet”; October 21, 2015; https://antr.assembly.ca.gov/sites/antr.assembly.ca.gov/files/Pipeline%20Hearing%20%2810%2021%2015%29_CALFIRE%20FactSheet%20.pdf ↑
U.S. Department of Transportation, PHMSA website; “Regulatory Fact Sheet: California;” https://primis.phmsa.dot.gov/comm/FactSheets/States/CA_State_PL_Safety_Regulatory_Fact_Sheet.htm?nocache=1716; accessed April 16, 2025. ↑
Gov. Code, § 51010, et seq. ↑
Cal FIRE-OSFM Pipeline Safety Division “Information Sheet”; October 21, 2015; https://antr.assembly.ca.gov/sites/antr.assembly.ca.gov/files/Pipeline%20Hearing%20%2810%2021%2015%29_CALFIRE%20FactSheet%20.pdf ↑
According to a 2015 background paper prepared by the Assembly Committee on Natural Resources for “Joint Informational Hearing: Oil Pipeline Safety: Testing Methods and Frequency;” Santa Barbara, CA; October 21, 2015. ↑
CNRA, Proposal to the Legislature for Establishing a State Framework and Standards for Intrastate Pipelines Transporting Carbon Dioxide, March 2023, https://resources.ca.gov/-/media/CNRA-Website/Files/Initiatives/Transitioning-to-Clean-Energy/SB-905--CO2-Pipeline-Regulatory-Framework--Stds-March-2023.pdf. ↑
Id. at 6. ↑
Richard B. Kuprewicz, Accufacts Inc., Accufacts’ Perspectives on the State of Federal Carbon Dioxide Transmission Pipeline Safety Regulations as it Relates to Carbon Capture, Utilization, and Sequestration within the U.S. 1 (2022), https://pstrust.org/wp-content/uploads/2022/03/3-23-22-Final-Accufacts-CO2-Pipeline-Report2.pdf.. ↑
Ibid ↑
Pg. 8, PHMSA, Notice of Proposed Rulemaking; “Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines;” Docket PHMSA-2022-0125; RIN 2137-AF60; https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-01/PHMSA%20Notice%20of%20Proposed%20Rulemaking%20for%20CO2%20Pipelines%20-%202137-AF60.pdf ↑
pg 1. Paul W. Parfomak, Congressional Research Service, Carbon Dioxide (CO2) Pipeline Development: Federal Initiatives 1 (2023), https://crsreports.congress.gov/product/pdf/IN/IN12169. ↑
Dept. of Transportation, PHMSA; “Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines:” PHMSA-2022-0125; https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-01/PHMSA%20Notice%20of%20Proposed%20Rulemaking%20for%20CO2%20Pipelines%20-%202137-AF60.pdf ↑
PHMSA, Notice of Proposed Rulemaking; “Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines;” Docket PHMSA-2022-0125; RIN 2137-AF60; https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-01/PHMSA%20Notice%20of%20Proposed%20Rulemaking%20for%20CO2%20Pipelines%20-%202137-AF60.pdf ↑
https://www.whitehouse.gov/presidential-actions/2025/01/regulatory-freeze-pending-review/ ↑
https://www.federalregister.gov/documents/2025/06/04/2025-10090/pipeline-safety-mandatory-regulatory-reviews-to-unleash-american-energy-and-improve-government ↑
P. 4; Harper, P., et al.; “Assessment of the Major Hazard Potential of Carbon Dioxide;” Health and Safety Executive; June 2011. ↑
U.S. Department of Transportation, Failure Investigation Report - Denbury Gulf Coast Pipelines, LLC - Pipeline Rupture/Natural Force Damage (2022), https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-05/Failure%20Investigation%20Report%20-%20Denbury%20Gulf%20Coast%20Pipeline.pdf. ↑
DOT, Failure Investigation Report; Ibid. ↑
PRC § 71465 (b) ↑
Pg. 8, CNRA, Proposal to the Legislature for Establishing a State Framework and Standards for Intrastate Pipelines Transporting Carbon Dioxide; March 2023; https://resources.ca.gov/-/media/CNRA-Website/Files/Initiatives/Transitioning-to-Clean-Energy/SB-905--CO2-Pipeline-Regulatory-Framework--Stds-March-2023.pdf ↑
Pg. 8-9, CNRA March 2023 Proposal, Ibid. ↑
Recommendation #3, pg. 9, CNRA March 2023 Proposal, Ibid. ↑
PHMSA, Notice of Proposed Rulemaking; “Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines;” Docket PHMSA-2022-0125; RIN 2137-AF60; https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-01/PHMSA%20Notice%20of%20Proposed%20Rulemaking%20for%20CO2%20Pipelines%20-%202137-AF60.pdf ↑
Section 45Q of the Internal Revenue Code; https://www.federalregister.gov/documents/2021/01/15/2021-00302/credit-for-carbon-oxide-sequestration ↑
Base credit is now $17/ton of CO2 for industrial facilities (previously $85/ton). Direct air capture is at $36/ton; previously $180/ton. https://www.congress.gov/bill/119th-congress/house-bill/1 ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 614 |
THIRD READING
Bill No: SB 614
Author: Stern (D), et al.
Amended: 5/5/25
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 11-2, 4/22/25
AYES: Padilla, Valladares, Archuleta, Ashby, Blakespear, Cervantes, Richardson, Rubio, Smallwood-Cuevas, Wahab, Weber Pierson
NOES: Dahle, Ochoa Bogh
NO VOTE RECORDED: Hurtado, Jones
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/30/25
AYES: Blakespear, Valladares, Dahle, Gonzalez, Hurtado, Padilla, Pérez
NO VOTE RECORDED: Menjivar
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25
AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab
NO VOTE RECORDED: Dahle
SUBJECT: Carbon dioxide transport
SOURCE: Author
DIGEST: This bill requires the State Fire Marshall (SFM) to adopt regulations to regulate the transportation of carbon dioxide (CO2) in a pipeline, including certain specified safety standards that, at a minimum, meet those proposed by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA).
ANALYSIS:
Existing federal law:
- Prohibits, pursuant to federal law, the United States Secretary of Transportation from prescribing or enforcing safety standards and practices for an intrastate pipeline or intrastate pipeline facility to the extent that the safety standards and practices are regulated by a state authority, except at provided. (49 United States Code § 60105)
- Defines “carbon dioxide” for the purposes of PHMSA, as a fluid consisting of more than 90% carbon dioxide molecules compressed to a supercritical state. (49 Code of Federal Regulations § 195.2)
- Defines “hazardous liquid” as petroleum, petroleum products, and anhydrous ammonia, and ethanol or other non-petroleum fuel, including biofuel, which is flammable, toxic, or would be harmful to the environment if released in significant quantities. (49 Code of Federal Regulations § 195.2)
Existing state law:
- Provides, under the Elder Act, that the SFM exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The Elder Act imposes various requirements in relation to the regulation of these intrastate pipelines. A person who willfully and knowingly violates the Act or a regulation adopted pursuant to the Elder Act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
- Defines “pipeline” for the purposes of the Elder Act, as every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substance; and does not include an interstate pipeline subject to federal regulations, a pipeline that transports hazardous substances in a gaseous state, and other specified exclusions. (Government Code (GOV) § 51010.5)
- Requires the SFM to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, including, but not limited to, compliance orders, penalties, and inspections and maintenance provisions. (GOV § 51011)
- Requires every newly constructed pipeline, existing pipeline, or part of a pipeline system that has been relocated or replaced, and every pipeline that transports a hazardous liquid substance or highly volatile liquid substance, to be tested in accordance with federal regulations and every pipeline more than 10 years of age and not provided with effective cathodic protection to be hydrostatically tested every three years, except for those on the SFM's list of higher risk pipelines, which shall be hydrostatically tested annually. (GOV § 51013.5)
- Prohibits the use of pipelines to transport CO2 to or from CO2 capture, removal, or sequestration projects until the federal PHMSA has concluded a specified rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the project operator demonstrates that the pipelines meet those standards.
- Grants, pursuant to federal law, the United States Secretary of Transportation the regulatory and enforcement authority over gas and hazardous liquid pipelines, including CO2 pipelines. (49 United States Code § 60102)
This bill:
- Expands the regulation of intrastate pipelines under the Elder Act to intrastate pipelines used for the transportation of CO2 by revising the definition of “pipeline” to include intrastate pipelines used for the transportation of CO2.
- Requires the SFM to develop regulations to regulate the transportation of CO2 in a pipeline that at a minimum, meet the standards proposed by the draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 1999, inclusive, of Title 49 of the Code of Federal Regulations).
- Requires the SFM to coordinate with relevant agencies to ensure the regulations require a project applicant to demonstrate that the transportation of CO2 in a pipeline complies with all of the following:
- The California Endangered Species Act.
- The Porter-Cologne Water Quality Control Act.
- The California Environmental Quality Act.
- Other Applicable state laws and regulations.
- Applicable local land use and zoning regulations.
- Provides that regulations adopted pursuant to this bill shall require all pipelines permitted to transport CO2 to be newly constructed and not converted from existing pipelines.
- Requires the SFM to post on its internet website the draft federal regulations described above.
- Authorizes the SFM, to protect the public health and welfare and the environment to require additional safety standards, including, but not limited to, for any of the following:
- Pipeline design.
- Fracture mechanics.
- Pipeline materials.
- Valve materials.
- Conversion of existing pipeline.
- Pipeline location.
- Potential impact areas of a release.
- Land movement.
- Operation.
- Odorant requirements.
- Leak detection.
- Emergency response.
- Monitoring and detection of contaminants entering the pipeline.
- Maintenance.
- Other factors deemed appropriate by the SFM.
- Requires the SFM, at least once every five years, to assess the safety standards and shall amend the regulations to increase safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines.
- Authorizes the SFM, for a pipeline transporting CO2, to order a pipeline shutdown for violations of the provisions of this bill or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
- Authorizes assessed civil penalties to be used to provide fire responder training for hazardous gas suppression training to local fire departments. Existing law assesses a civil penalty for a violation of the Act or regulations pursuant to the Act and requires these penalties, upon appropriation by the Legislature, to be available to provide hazardous liquid fire suppression training to local fire departments.
- Lifts the moratorium on intrastate CO2 pipelines created by SB 905 only if they are regulated by the SFM under the above regulations, and the project operator demonstrates that the pipeline meets those standards.
- Requires, until January 1, 2036, the SFM to establish the Carbon Dioxide Pipeline Safety Advisory Committee (Committee) for both of the following purposes:
- Making recommendations, as necessary, to the SFM regarding additional safety standards as described above.
- Informing local agencies and every pipeline operator transporting CO2 of changes in applicable laws and regulations affecting the operations of pipelines and reviews proposed CO2 pipeline safety regulation as described above.
Background
Author Statement. According to the author’s office, “communities deserve safety and a robust public process whenever a project carrying hazardous materials will be traveling through their communities. While the permitting and building of carbon dioxide pipelines are an important part of the state’s carbon capture and sequestration efforts, it cannot come at the expense of community safety. SB 614 aims to enshrine the Biden administration draft regulations in state law to ensure best-in-class safety practices. This bills sets a high standard for establishing when transportation of carbon dioxide by pipeline would be allowed, and would provide experts with the ability to increase safety standards and stringency.”
Carbon Capture and Storage. Carbon Capture and Storage (CCS) and carbon removal is a process of separating CO2 from a point source and putting it into long-term storage, usually by injecting CO2 into a geological reservoir. This process is generally considered by experts to be a CO2 reduction strategy, not a CO2 removal strategy, since it is only reducing CO2 from anthropogenic sources that would have otherwise entered the atmosphere, rather than removing what was already there. As of January 2025, there are approximately 13 of these projects in various stages of development in California, especially in the central valley.
Transportation is a key component of CCS and carbon removal projects because the location at which CO2 is captured may be some distance from the point at which it will be geologically sequestered. Transportation can occur by marine tankers, trucks, rail, or pipelines. Experts generally agree that the most efficient way to transport CO2, as well as the safest way for the volume of CO2 they move is through pipelines. In many ways, pipelines are also the most cost-effective way to move CO2.
CO2 can be transported as a gas, liquid, or supercritical form. At standard temperature and pressure, CO2 behaves as a gas, when it is cooled and highly compressed, CO2 becomes a liquid. When both the temperature and pressure are increased above the standard temperature and pressure, CO2 exists in a supercritical state, in this state CO2 has some properties of a gas and some properties of liquid.
Transportation of CO2 by Pipelines. The federal PHMSA develops and enforces the transportation of hazardous materials via pipelines to ensure the same, reliable and environmentally sound operation of the nation’s pipeline transportation system. The PHMSA maintains regulatory jurisdiction over interstate pipelines, which encompasses pipelines that travels between state and in federal waters. In the Areas of CCS and carbon removal projects, PHMSA has no regulatory jurisdiction over interstate or intrastate pipelines transporting CO2 as a liquid. Federal statute provides PHMSA with regulatory authority over interstate and intrastate pipelines transporting CO2 as a gas or supercritical state. While PHMSA has released proposed regulations at the end of the Biden Administration, those regulations have been “withdrawn” by the Trump Administration.
In California, the SFM maintains regulatory jurisdiction over hazardous liquid intrastate pipelines. The SFM regulates the safety of nearly 6,000 miles of intrastate hazardous liquid transportation pipelines through a PHMSA certified compliance and enforcement program. With this certification, the SFM may adopt additional safety standards for intrastate pipeline facilities provided such standards are compatible with federal regulation. Those safety standards may be more restrictive or stringent than federal regulation. The California Public Utilities Commission (CPUC), as part of their jurisdiction, ensures that intrastate natural gas and liquid petroleum gas pipeline systems are designed, constructed, operated, and maintained according to safety standards set by the CPUC and the PHMSA. CPUC’s existing authority does not extend to intrastate CO2 gas pipelines.
There is currently, no intrastate CO2 pipeline in California. When such pipelines are developed, the SFM will exercise jurisdiction over intrastate CO2 pipelines through the existing federal pipeline safety state program agreement. This agreement delegates authority for the SMF to regulate intrastate pipelines that carry CO2 compressed to a supercritical state and composed of at least 90% CO2. Pipelines transporting less than 90% CO2, including CO2 in a liquid or gas form, would likely fall outside the scope of existing regulations, leaving regulation of pipelines transporting CO2 composed of less than 90% CO2 or in a liquid gas form to local jurisdictions and those state who choose to adopt regulation.
At this time, significant regulatory uncertainty exists regarding the design, operation, siting, and maintenance of intrastate CO2 pipelines, regardless of the state that CO2 is transported. The SFM is currently limited to applying only federal safety standards to CO2 pipelines; transport of supercritical CO2 that is composed of at least 90% CO2. Establishing separate standards in California that are in addition to federal regulation is only possible if changes are made in state law.
Draft of Federal Regulations. On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Proposed Rulemaking under RIN 2138-AF60, aiming to enhance the minimum federal safety standards for the transportation of CO2 by pipeline, as outlined in parts 190 to 199 of Title 49 of the Code of Federal Regulations. Ten days later, according to various reports, a federal pipeline safety official not authorized to speak publicly said the proposed rules were “withdrawn” in accordance with a January 20, 2025 executive order by President Trump that freezes all pending regulations and initiatives pending a review process by newly appointed agency leaders. Federal CO2 transport through pipelines rules were put further in doubt with a February 19 executive order aimed at rooting out all regulations that are costly to “private parties” and impede economic development.
The previously proposed federal regulations sought to address the anticipated expansion of CO2 pipeline infrastructure driven by increased CCS initiatives. According to the U.S. Department of Energy, the current network of approximately 5,000 miles of CO2 pipelines is projected to expand significantly to support these initiatives. The Notice of Proposed Rulemaking introduced several key provisions including:
- Comprehensive Safety Requirements. For the first time, PHMSA proposed specific regulations for pipelines transporting CO2 in gaseous and liquid states, complementing existing standards for supercritical CO2 pipelines. These proposed regulations would have encompass design, installation, operation, maintenance, and reporting protocols.
- Conversion Standards. Operators seeking to repurpose existing pipelines for CO2 transport would have been required to adhere to stringent guidelines, including conducting spike hydrostatic pressure tests and performing in-line inspections within specified timeframes to ensure structural integrity.
- Emergency Preparedness. The proposal would have mandated enhanced training for emergency responders, provision of CO2 detection equipment, and improved public communication strategies during emergencies to bolster safety measures.
- Vapor Dispersion Analysis. Operators would have been required to perform detailed analyses to predict the spread of CO2 in the event of a pipeline failure, thereby aiding in risk assessment and mitigation planning.
SB 905 (Caballero, Chapter 359, Statutes of 2022. In 2022, SB 905 (Chapter 359, Statutes of 2022) was signed by Governor Newsom. Among other things, the bill prohibits the use of intrastate pipelines to transport CO2 until the PHMSA completes its rulemaking process. SB 905 required the California Natural Resources Agency (CNRA) to “provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety.”
The proposal was released in March 2023, and included various recommendations “aimed at informing additional legislation that would be necessary to create a robust regulatory framework governing CO2 pipelines so as to protect public, health, safety, and the environment. These recommendations are made with the recognition that CCS and carbon removal projects, and CO2 transport, represent a new set of technologies and infrastructure and accordingly, poses, new risks and potential adverse impact to human health, safety, and the environment should a pipeline failure occur.”
One of the recommendations included providing the SFM with clear regulatory authority over pipeline transportation of CO2 in liquid, gas, and supercritical state to protect public safety. As part of this recommendation the CNRA stated that “clear authority to draft safety-related regulations governing intrastate CO2 pipelines will avoid ambiguity about which state agency is charged with regulating liquid, gas, and supercritical CO2 pipelines. It will also ensure a well-defined and understood regulatory process that includes robust public process and allows time to incorporate emerging information from new research and development studies.
Additionally the CNRA recommended the SFM with clear administrative and enforcement authority to order intrastate CO2 pipeline shutdown immediately when safety regulations are violated.”
Prior/Related Legislation
AB 881 (Petrie-Norris, 2025) of the current legislative session requires the SFM, by April 1, 2025 to adopt regulations governing the safe transportation of CO2 in pipelines that are equivalent to draft regulations issued by the federal PHMSA on January 1, 2025. The bill provides that the APA does not apply to the adoption of regulations by the SFM required by this bill. (Pending in the Assembly Appropriations Committee)
AB 2623 (Arambula, 2024) would have expanded the regulation of intrastate pipelines under the Act to intrastate pipelines used for the transportation of CO2. Additionally, the bill would have required the SFM to adopt safety-related regulations governing intrastate pipelines transporting CO2, as provided. (Never heard in the Assembly Utilities and Energy Committee)
SB 905 (Caballero, Chapter 359, Statutes of 2022) requires the California Air Resources Board to establish a Carbon Capture, Removal, Utilization, and Storage Program and adopt regulations for a model unified permit program for the construction and operation of CCRUS projects. In addition, the bill prohibits the use of intrastate pipelines to transport of CO2 until the PHMSA completes its rulemaking. Furthermore, the bill requires the California Natural Resources Agency to “provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety.
AB 1676 (Luz Rivas, 2022) would have added CO2, compressed to a supercritical state, to the substances included in the Elder California Pipeline Safety Act, giving the SFM exclusive jurisdiction to regulate intrastate pipeline transportation of CO2 under the existing provisions of the Elder Act, which currently applies to petroleum and other hazardous liquids. (Never Heard in the Assembly Natural Resources Committee)
SB 295 (Jackson, Chapter 607, statutes of 2015) requires the SFM, to annually inspect all intrastate pipelines and operators of intrastate pipelines under the jurisdiction of the SFM and requires the SFM to adopt regulations implementing these provisions.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, unknown initial costs for the SFM to develop regulations regarding the transport of carbon dioxide in a pipeline (California Hazardous Liquid Pipeline Safety Fund). Actual fiscal impact to the SFM will depend on the extent the SFM may absorb this workload through its existing oversight responsibilities for pipelines transporting hazardous liquid substances. The SFM’s ongoing regulatory costs may be offset to some extent by pipeline operator annual fees.
Additionally, unknown potentially absorbable costs to establish and maintain a Carbon Dioxide Pipeline Safety Advisory Committee. Costs may include staff and resources to support the committee, as well as travel and per diem for committee members. Costs for the SFM to convene the committee will depend on, among other things, the frequency of meetings and extent it can absorb new committee workload through its existing Pipeline Safety Advisory Committee.
Finally, California Air Resources Board (CARB) does not anticipate an additional fiscal impact.
SUPPORT: (Verified 5/23/25)
California State Pipe Trades Council
OPPOSITION: (Verified 5/23/25)
Asian Pacific Environmental Network
Biofuelwatch
CA Youth vs. Big Oil
Center for Biological Diversity
Center on Race, Poverty, and Environment
Central California Environmental Justice Network
Climate Equity Policy Center
Climate Hawks Vote
Climate Health Now Action Fund
Climate Reality San Francisco Bay Area Chapter
El Pueblo Para el Aire y Agua Limpia de Kettleman City
Elder Climate Action, NorCal Chapter
Elders Climate Action
Extinction Rebellion San Francisco Bay Area
Food & Water Watch
Fossil Free California
Good Neighbor Steering Committee
Greenpeace USA
Interfaith Climate Action Network of Contra Costa County
Labor Rise Climate Jobs Action Group
Leadership Counsel Action
Oil and Gas Action Network
Oil Change International
Physicians for Social Responsibility – Los Angeles
Physicians for Social Responsibility – San Francisco Bay
Planning and Conservation League
Progressive Democrats of Benicia
Protect Monterey County
San Diego 350
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Baykeeper
Santa Cruz Climate Action Network
Sierra Club
Social Eco Education
Sunflower Alliance
UNIDOS Network Inc.
West Berkeley Alliance for Clean Air and Safe Jobs
350 Bay Area Action
350 Contra Costa Action
350 Humboldt County
350 Santa Barbara
1000 Grandmothers for Future Generations
ARGUMENTS IN SUPPORT: According to the California State Pipe Trades Council, “SB 614 directs the [SFM] to develop robust, safety-related regulations for CO2 pipelines , ensuring that they are constructed, maintained, and operated in a manner that minimizes risks to public health and the environment. These regulations will be based on PHMSA’s extensive regulatory update that was initiated but not finalized under the Bided Administration, ensuring that California upholds the highest safety standards.”
ARGUMENTS IN OPPOSITION: According to opponents of the bill, “[both] the federal government and California need to fill the dangerous gaps for CO2 pipelines before CCS projects are allowed to proceed. Our groups fully support California regulating above and beyond what PHSMA sets as the federal floor. But ending California’s existing partial moratorium before PHSMA’s regulations are complete risks preemption and prevents the state and its residents from benefitting from the nationwide attention and expert input that the federal rulemaking will generate. Ending the moratorium prematurely will also accelerate the poor investment and false climate solution that is CSS. In short, there is no benefit to California jumping out early and changing the precautionary measure that is already in place.”
According to the Central California Environmental Justice Network, “SB 614’s attempt to allow pipelines to be operated before official state regulations are adopted is confusing and raises many concerns on enforceability. Allowing pipelines to be built before the SFM adopts more strict regulations would be a perverse incentive to the industry to drag out and delay state regulation development and quickly build pipelines before more stringent regulations are in place. It would also be more efficient for the SFM to go through the regulatory process once. In order to ensure that all CO2 pipelines in California follow strong, enforceable safety standards, we ask that SB 614 be amended to clearly require the SFM to adopt regulations before CO2 pipelines can be operated.”
Prepared by: Felipe Lopez / G.O. / (916) 651-1530
5/26/25 15:23:09
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 614 (Stern) - Carbon dioxide transport
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 614 requires the State Fire Marshal (SFM) to adopt regulations for the transport of carbon dioxide in a pipeline by April 1, 2026, and requires the SFM to establish an advisory committee to make recommendations regarding additional safety standards and inform local agencies and pipeline operators transporting carbon dioxide of changes in applicable laws and regulations, as specified.
Fiscal Impact:
- Unknown initial costs for the SFM to develop regulations regarding the transport of carbon dioxide in a pipeline (California Hazardous Liquid Pipeline Safety Fund). Actual fiscal impact to the SFM will depend on the extent the SFM may absorb this workload through its existing oversight responsibilities for pipelines transporting hazardous liquid substances. The SFM’s ongoing regulatory costs may be offset to some extent by pipeline operator annual fees.
- Unknown, potentially absorbable costs to establish and maintain a Carbon Dioxide Pipeline Safety Advisory Committee. Costs may include staff and resources to support the committee, as well as travel and per diem for committee members. Costs for the SFM to convene the committee will depend on, among other things, the frequency of meetings and extent it can absorb new committee workload through its existing Pipeline Safety Advisory Committee.
- California Air Resources Board (CARB) does not anticipate an additional fiscal impact.
Background:
Carbon Capture and Storage (CCS) and carbon removal is a process of separating carbon dioxide (CO2) from a point source and putting it into long-term storage, usually by injecting CO2 into a geological reservoir. This process is generally considered by experts to be a CO2 reduction strategy, not a CO2 removal strategy, since it is only reducing CO2 from anthropogenic sources that would have otherwise entered the atmosphere, rather than removing what was already there. As of January 2025, there are approximately 13 of these projects in various stages of development in California, especially in the central valley.
Transportation is a key component of CCS and carbon removal projects because the location at which CO2 is captured may be some distance from the point at which it will be geologically sequestered. Transportation can occur by marine tankers, trucks, rail, or pipelines. Experts generally agree that the most efficient way to transport CO2, as well as the safest way for the volume of CO2 they move is through pipelines. In many ways, pipelines are also the most cost-effective way to move CO2.
CO2 can be transported as a gas, liquid, or supercritical form. At standard temperature and pressure, CO2 behaves as a gas, when it is cooled and highly compressed, CO2 becomes a liquid. When both the temperature and pressure are increased above the standard temperature and pressure, CO2 exists in a supercritical state, in this state CO2 has some properties of a gas and some properties of liquid.
Transportation of CO2 by Pipelines. The federal Pipeline and Hazardous Materials Safety Administration (PHMSA) develops and enforces the transportation of hazardous materials via pipelines to ensure the same, reliable and environmentally sound operation of the nation’s pipeline transportation system. The PHMSA maintains regulatory jurisdiction over interstate pipelines, which encompasses pipelines that travels between state and in federal waters. In the Areas of CCS and carbon removal projects, PHMSA has no regulatory jurisdiction over interstate or intrastate pipelines transporting CO2 as a liquid.
Federal statute provides PHMSA with regulatory authority over interstate and intrastate pipelines transporting CO2 as a gas or supercritical state. While PHMSA has released proposed regulations at the end of the Biden Administration, those regulations have been “withdrawn” by the Trump Administration.
In California, the SFM maintains regulatory jurisdiction over hazardous liquid intrastate pipelines. The SFM regulates the safety of nearly 6,000 miles of intrastate hazardous liquid transportation pipelines through a PHMSA certified compliance and enforcement program. With this certification, the SFM may adopt additional safety standards for intrastate pipeline facilities provided such standards are compatible with federal regulation. Those safety standards may be more restrictive or stringent than federal regulation.
There is currently, no intrastate CO2 pipeline in California. When such pipelines are developed, the SFM will exercise jurisdiction over intrastate CO2 pipelines through the existing federal pipeline safety state program agreement. This agreement delegates authority for the SMF to regulate intrastate pipelines that carry CO2 compressed to a supercritical state and composed of at least 90% CO2. Pipelines transporting less than 90% CO2, including CO2 in a liquid or gas form, would likely fall outside the scope of existing regulations, leaving regulation of pipelines transporting CO2 composed of less than 90% CO2 or in a liquid gas form to local jurisdictions and those state who choose to adopt regulation.
Proposed Law:
- By April 1, 2026, requires the SFM to develop regulations regarding the transport of carbon dioxide in a pipeline.
- Requires the regulations to, at a minimum, meet the standards proposed by the draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal PHMSA on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline.
- By January 15, 2026, requires the SFM to post the draft federal regulations on its internet website.
- Requires the SFM to coordinate with relevant agencies to ensure the regulations it develops require a project applicant to demonstrate that carbon dioxide transport in a pipeline complies with specified laws and regulations.
- Requires the regulations to require all pipelines permitted to transport carbon dioxide to be newly constructed and not converted from existing pipelines.
- Requires the regulations to, at a minimum, meet the standards proposed by the draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal PHMSA on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline.
- Authorizes the SFM to require additional safety standards to protect the public health and welfare of the environment.
- At least once every five years, requires the SFM to assess these safety standards and amend regulations to increase safety standards.
- Requires the SFM to establish the Carbon Dioxide Pipeline Safety Advisory Committee to make recommendations, as necessary, to the SFM regarding additional safety standards and to inform local agencies and every pipeline operator transporting carbon dioxide of changes in applicable laws and regulations affecting the operations of pipelines.
- Provides the committee be composed of eight members: two members representing carbon dioxide pipeline operators, three members representing local agencies, one fire chief member, and two public members.
- Requires the committee to meet when requested by the SFM, but at least once per year.
- Provides committee members be paid $100 per diem for each morning.
- Sunsets the commission on January 1, 2036.
- Expands the use of civil penalty assessments to include first responder training for hazardous gas suppression.
- Authorizes the SFM to order a pipeline transporting carbon dioxide to shut down for violations established in the SFM’s regulations or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
- Provides that only pipelines transporting carbon dioxide that meet or exceed SFM standards may be recognized by CARB.
- States legislative findings and declarations.
- Makes other technical and conforming changes.
Related Legislation:
AB 881 (Petrie-Norris, 2025) requires the SFM to adopt emergency regulations governing the safe transportation of carbon dioxide in pipelines and, following the SFM’s adoption of the regulations, lifts the moratorium in current law on pipelines used for carbon dioxide transport for carbon dioxide capture, removal or sequestration projects. AB 881 is pending on the Assembly Floor.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Blakespear, Chair
2025 - 2026 Regular
Bill No: SB 614
Author: | Stern | ||
Version: | 4/23/2025 | Hearing Date: | 4/30/2025 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Eric Walters | ||
SUBJECT: Carbon dioxide transport
DIGEST: This bill requires the State Fire Marshal to adopt regulations to regulate the transportation of carbon dioxide in a pipeline, including certain specified safety standards that, at a minimum, meet those proposed by the federal Pipeline and Hazardous Materials Safety Administration.
ANALYSIS:
Existing federal law:
- Grants the United States Secretary of Transportation the regulatory and enforcement authority over gas and hazardous liquid pipelines, including CO2 pipelines. (49 United States Code § 60102)
- Prohibits the United States Secretary of Transportation from prescribing or enforcing safety standards and practices for an intrastate pipeline or intrastate pipeline facility to the extent that the safety standards and practices are regulated by a state authority, except at provided. (49 United States Code § 60105)
- Defines “carbon dioxide” for the purposes of PHMSA, as a fluid consisting of more than 90% carbon dioxide molecules compressed to a supercritical state. (49 Code of Federal Regulations § 195.2)
- Defines “hazardous liquid” as petroleum, petroleum products, and anhydrous ammonia, and ethanol or other non-petroleum fuel, including biofuel, which is flammable, toxic, or would be harmful to the environment if released in significant quantities. (49 Code of Federal Regulations § 195.2)
Existing state law:
- Provides, under the Elder Act, that the State Fire Marshal (SFM) exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The Elder Act imposes various requirements in relation to the regulation of these intrastate pipelines. A person who willfully and knowingly violates the Act or a regulation adopted pursuant to the Elder Act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided. (Government Code (GOV) Chapter 5.5)
- Defines “pipeline” for the purposes of the Elder Act, as every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substance; and does not include an interstate pipeline subject to federal regulations, a pipeline that transports hazardous substances in a gaseous state, and other specified exclusions. (GOV § 51010.5)
- Requires the SFM to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, including, but not limited to, compliance orders, penalties, and inspections and maintenance provisions. (GOV § 51011)
- Requires every newly constructed pipeline, existing pipeline, or part of a pipeline system that has been relocated or replaced, and every pipeline that transports a hazardous liquid substance or highly volatile liquid substance, to be tested in accordance with federal regulations and every pipeline more than 10 years of age and not provided with effective cathodic protection to be hydrostatically tested every three years, except for those on the SFM's list of higher risk pipelines, which shall be hydrostatically tested annually. (GOV § 51013.5)
- Authorizes the SFM to assess and collect from every pipeline operator an annual administrative fee. (GOV § 51019)
- Prohibits, pursuant to SB 905 (Caballero, Chapter 359, Statutes of 2022) the use of pipelines to transport CO2 to or from CO2 capture, removal, or sequestration projects until the federal PHMSA has concluded a specified rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the project operator demonstrates that the pipelines meet those standards.
This bill:
- Expands the regulation of intrastate pipelines under the Elder Act to intrastate pipelines used for the transportation of CO2 by revising the definition of “pipeline” to include intrastate pipelines used for the transportation of CO2.
- Requires the SFM to, by April 1, 2026, develop regulations to regulate the transportation of CO2 in a pipeline, and which provide safety standards that meet or exceed the draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 1999, inclusive, of Title 49 of the Code of Federal Regulations).
- Directs the SFM to require any applicant to demonstrate compliance with:
- The California Endangered Species Act.
- The Porter-Cologne Water Quality Control Act.
- The California Environmental Quality Act.
- Other Applicable state laws and regulations.
- Applicable local land use and zoning regulations.
- Requires the SFM to post on its internet website, by January 15, 2026, the draft federal regulations described above.
- Authorizes the SFM, to protect the public health and welfare and the environment to require additional safety standard, including but not limited to:
- Pipeline design.
- Fracture mechanics.
- Pipeline materials.
- Valve materials.
- Conversion of existing pipeline.
- Pipeline location.
- Potential impact areas of a release.
- Land movement.
- Operation.
- Odorant requirements.
- Leak detection.
- Emergency response.
- Monitoring and detection of contaminants entering the pipeline.
- Maintenance.
- Other factors deemed appropriate by the SFM.
- Lifts the moratorium on intrastate CO2 pipelines created by SB 905 only if they are regulated by the SFM under the above regulations, and the project operator demonstrates that the pipeline meets those standards.
- Authorizes the SFM, for a pipeline transporting CO2, to order a pipeline shutdown for violations of the provisions of this bill or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
- Authorizes assessed civil penalties to be used to provide fire responder training for hazardous gas suppression training to local fire departments. Existing law assesses a civil penalty for a violation of the Act or regulations pursuant to the Act and requires these penalties, upon appropriation by the Legislature, to be available to provide hazardous liquid fire suppression training to local fire departments.
- Requires the SFM to establish the Carbon Dioxide Pipeline Safety Advisory Committee (Committee) for both of the following purposes:
- Making recommendations, as necessary, to the SFM regarding additional safety standards as described above.
- Informing local agencies and every pipeline operator transporting CO2 of changes in applicable laws and regulations affecting the operations of pipelines and reviews proposed CO2 pipeline safety regulation as described above.
- Requires the Committee to be composed of eight members, of whom two shall represent CO2 pipeline operators, three shall represent local agencies, one shall be a fire chief, and two shall be public members.
- Requires the Committee to meet when requested by the SFM, but no less than once per year.
- Requires the members of the Committee to be paid expenses and $100 per diem for each meeting.
Background
- Net zero GHG emissions. Achieving net zero GHG emissions – a state where GHG emissions either reach zero or are entirely offset by equivalent atmospheric GHG removal – is essential in all scenarios that would keep Earth’s average temperature within 1.5 °C of its historical average. Net zero GHG emissions is also often used interchangeably with “carbon neutrality,” however net-zero GHG emissions implies the inclusion of GHGs other than those that contain carbon, such as nitrous oxide, as defined by AB 32 (Nunez, Chapter 488, Statutes of 2006). The sooner net-zero GHG emissions is reached globally, the less warming will be experienced.
In California, carbon neutrality by 2045 was initially set as a goal for the state under Governor Brown’s Executive Order (EO) B-55-18. The goal was subsequently set in statute by Assemblymember Muratsuchi’s AB 1279 in 2022, with the additional condition that net zero GHG emissions be achieved with at least an 85% direct reduction in emissions, and no more than 15% of the goal being achieved through negative emission technologies and approaches. - Capturing, transporting, and sequestering carbon in California. CCS is a process of separating CO2 from a point source, such as the flue of a gas-fired power plant or a cement plant, and putting it into long-term storage, usually by injecting CO2 into a geological reservoir. CCS is generally considered by experts to be a CO2 reduction strategy, not a CO2 removal strategy, since it is only reducing CO2 from anthropogenic sources that would have otherwise entered the atmosphere, rather than removing what was already there.
Transportation is a key component of CCS and carbon removal projects because the location at which CO2 is captured may be some distance from the point at which it will be geologically sequestered. Transportation of CO2 can occur by marine tankers, rail, trucks, or pipeline. Pipelines are considered the most efficient way to transport CO2, as well as the safest way for the volume of CO2 they move. In some cases, pipelines are also the most cost-effective way to move CO2.
CCS is adoptable in California due to the existing geological storage from the state’s history of fossil fuel extraction. CARB has already adopted a CCS protocol under the Low Carbon Fuel Standard (LCFS), including for out-of-state CCS projects. CCS remains controversial because of fears it could prolong the life of fossil fuels and delay the transition to more sustainable fuels. - SB 905 of 2022-2023. Passed concurrently with Assemblymember Muratsuchi’s AB 1279 in 2022 as part of the five “Climate Pillars”, Senator Caballero’s SB 905 tasked CARB and other agencies with developing standardized protocols for permitting and operating CCS in California. At that time, no CCS projects had been permitted in California, which was largely attributed to the complex regulatory thicket that needed to be navigated by project developers—U.S. EPA, the State Water Board, regional Water Boards, and CalGEM for Class VI inject well permits, and local air districts for permits required to construct new sources of air pollution. By bringing the myriad permits and requirements together in a unified process under CARB’s auspices, SB 905 attempted to accelerate CCS in California.
Two provisions of SB 905 are particularly notable for understanding SB 614: the requirement that led to CNRA producing the Proposal for Establishing a State Framework and Standards for Intrastate Pipelines Transporting Carbon Dioxide, and a moratorium on intrastate carbon dioxide pipelines until the PHMSA rulemaking was complete. These will be discussed more below.
Notably, SB 905 has not yet been substantially implemented at CARB. However, the proposed 2025-2026 Budget includes further staff positions specifically for doing so, a proposal that has been supported by CCS proponents and environmental justice advocates alike. - CNRA proposal on carbon dioxide pipelines. Published in March 2023, the Proposal for Establishing a State Framework and Standards for Intrastate Pipelines Transporting Carbon Dioxide described 5 recommendations to be considered in developing carbon dioxide pipeline policy in California:
- Provide SFM with clear regulatory authority over pipeline transportation of CO2 in liquid, gas, and supercritical state to protect public safety;
- Specify that State regulations should only allow transport of CO2 through intrastate pipelines when CO2 is in a supercritical state and composed of at least 90% CO2;
- Provide SFM with clear administrative and enforcement authority to order intrastate CO2 pipeline shutdown immediately when safety regulations are violated;
- Clarify that intrastate pipelines may be used to transport CO2 once PHMSA or California has adopted regulations on this topic; and
- Direct that state regulations establish standards regarding how pipelines are designed, sited, operated, and maintained.
The proposal ultimately concluded that, “[CCS and carbon removal projects] must be developed in a thoughtful way that consider impacts to the surrounding communities and the environment. The design, siting, operation, and maintenance of a CO2 pipeline have implications for public and environmental health and safety. Pipeline regulations are needed to ensure that any impacts are avoided or minimized to the extent possible. While PHMSA is working to update its pipeline regulations, it is unclear how stringent their regulations will be. California must consider proactively setting pipeline regulations to ensure that developers are aware of the state’s expectations and requirements as they design their projects, however, establishing separate standards in California that are in addition to federal regulation is only possible if changes are made in State law.” This bill, SB 614, is an effort to do just that.
Comments
- Purpose of Bill. According to the author, “Communities deserve safety and a robust public process whenever a project carrying hazardous materials will be traveling through their communities. While the permitting and building of carbon dioxide pipelines are an important part of the state’s carbon capture and sequestration efforts, it cannot come at the expense of community safety. SB 614 aims to enshrine the Biden administration draft regulations in state law to ensure best-in-class safety practices. This bill sets a high standard for establishing when transportation of carbon dioxide by pipeline would be allowed, and would provide experts with the ability to increase safety standards and stringency.”
- Satartia, MS: a cautionary tale. In 2020, a carbon pipeline experienced a catastrophic rupture in Satartia, Mississippi, which released a dense cloud of carbon dioxide and displaced oxygen, causing dozens of people to collapse, suffer seizures, or lose consciousness. Emergency responders were unprepared for the incident, highlighting the dangers of CO2 pipelines, particularly in low-lying areas where the gas can accumulate. The event underscores the need for stringent safety regulations, better emergency response protocols, and public awareness campaigns to mitigate risks associated with CCS infrastructure.
The Satartia incident offers critical lessons for SB 614. California must prioritize robust pipeline safety standards, including proper monitoring systems, leak detection, and route planning to avoid vulnerable communities and geographies. Additionally, emergency response teams should be trained to handle CO2 leaks, and residents near proposed pipelines must be informed of risks and evacuation procedures. Transparency, effective engineering controls, and community engagement are essential to ensure public trust and prevent similar disasters in California’s transition to a low-carbon future. - Ending the moratorium on a relatively high note. The original moratorium on CO2 pipelines was put into SB 905 during negotiations over the 2022 “Climate Pillars” legislation. Since then, it has been the subject of considerable attention by the carbon management and fossil fuel industries. Particularly as the PHMSA rulemaking continued for years without resolution, there has been some discussion of simply undoing the moratorium, without adopting additional protections.
When PHMSA issued the draft rulemaking in January of this year, it suggested another end to the moratorium could be imminent: an actual rule from PHMSA on CO2 pipelines. However, that draft and the rulemaking process were almost immediately withdrawn and halted upon the Trump administration taking office. Now that the state of the federal PHMSA CO2 pipeline rule is uncertain once more, it seems likely that discussions could easily turn back to less-protective approaches.
Thus, this may indeed be the moment for California to lead on CO2 pipeline regulations. The SFM, under direction from the Legislature and with collaboration from other state agencies, could be well positioned to put forth intrastate CO2 pipeline regulations that prioritize health and safety as much as practicable.
It cannot be overstated: the risk of catastrophic CO2 pipeline rupture can never be zero. Nevertheless, the apparent need for carbon storage to achieve carbon neutrality goals and the value of pipelines to facilitate that storage mean CO2 pipelines are a very likely feature of California’s future. This bill provides an opportunity to approach that future thoughtfully, while striking an appropriate balance between protecting the public and enabling progress on CO2 pipeline projects. Every ton less carbon emitted into the atmosphere is one less ton that must be removed, processed, transported, stored, and monitored. While putting carbon back underground is better than leaving it in the atmosphere (to catastrophic effect), it is undoubtedly the most efficient solution to keep the carbon in the ground in the first place. Given our current situation, all of the above are necessary.
- Raising the bar on California carbon pipelines. The proposed PHMSA regulations provide a good starting place, but the author has expressed a laudable interest in going beyond the protections currently included for SB 614. However, care must be taken to avoid making the perfect the enemy of the good; how can California balance its progress on carbon management with its commitment to environmental justice?
First and foremost, CO2 pipelines are new technology, and must be considered as such. Although they obviously have similarities to existing pipelines, the materials, fittings, and construction may be fundamentally different from what is best for transporting carbon dioxide. Rather than attempting to suitably regulate all possible retrofits to be sufficiently safe, it may be prudent to only transport CO2 through new, purpose-built pipelines. The author and committee may wish to require all pipelines permitted to transport carbon dioxide be newly constructed and not converted from existing pipelines.
California prides itself in its climate leadership, and the author’s intent seems to be to lead the way in leading on safe, effective, reliable carbon pipeline operation as well. Nevertheless, pipelines (both inter- and intrastate) are a regulatory thicket, and particularly when the future is so unclear at the federal level with PHMSA withdrawing the draft rule, it is not clear how secure the leadership taken with SB 614 will be. What is sequarely within California’s purview is what types of carbon transportation will be suitable for compliance with California’s requirements and incentives. The author and committee may wish to require pipelines used as part of complying with any requirements adopted pursuant to California’s broader climate policy portfolio (in Division 25.5 of the Health and Safety Code) to meet or exceed the standards developed pursuant to this bill.
It seems likely that “state of the art” best practices will continue to evolve as carbon pipelines are built and operated. Even holding these pipelines to the highest standards today does not preclude advances in safety in the future. The author and committee may wish to require the SFM to periodically assess the regulations adopted and require any technically feasible and commercially available improvements that have become available since the last update.
- Committee amendments. Staff recommends that the committee adopt the amendments described in comment 4 above.
DOUBLE REFERRAL:
This measure was heard in Senate Governmental Organization Committee on April 22, 2025, and passed out of committee with a vote of 12-2.
Related/Prior Legislation
AB 881 (Petrie-Norris, 2025) requires the SFM, by April 1, 2025, to adopt regulations governing the safe transportation of CO2 in pipelines that are equivalent to draft regulations issued by the federal PHMSA on January 1, 2025. The bill provides that the APA does not apply to the adoption of regulations by the SFM required by this bill. (Pending in the Assembly Utilities and Energy Committee)
SOURCE:
Author
SUPPORT:
California State Pipe Trades Council
OPPOSITION:
1000 Grandmothers for Future Generations
350 Bay Area Action
350 Contra Costa Action
350 Humboldt
350 Santa Barbara
Asian Pacific Environmental Network
Biofuelwatch
CA Youth Vs. Big Oil
Center for Biological Diversity
Center on Race, Poverty & the Environment
Central California Environmental Justice Network
Climate Equity Policy Center
Climate Hawks Vote
Climate Health Now Action Fund
Climate Reality San Francisco Bay Area Chapter
El Pueblo Para El Aire Y Agua Limpia De Kettleman City
Elders Climate Action
Elders Climate Action (ECA) Northern CA Chapter
Extinction Rebellion San Francisco Bay Area
Food & Water Watch
Food Empowerment Project
Fossil Free California
Good Neighbor Steering Committee
Greenpeace USA
Interfaith Climate Action Network of Contra Costa County
Labor Rise Climate Jobs Action Group
Leadership Counsel Action
Oil & Gas Action Network
Oil Change International
Physicians for Social Responsibility - Los Angeles
Planning and Conservation League
Progressive Democrats of Benicia
Protect Monterey County
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Baykeeper
Sandiego350
Santa Cruz Climate Action Network
See (social Eco Education)
Sierra Club California
Sunflower Alliance
Unidos Network INC
West Berkeley Alliance for Clean Air and Safe Jobs
-- END --
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Steve Padilla
Chair
2025 - 2026 Regular
Bill No: SB Hearing Date: 4/22/2025
Author: | Stern | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill prohibits the State Fire Marshall (SFM) from permitting the transportation of carbon dioxide (CO2) by pipeline unless the applicant demonstrates that the transportation of CO2 in a pipeline complies with specified draft regulations proposed by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) and certain state laws. Additionally, the bill expands the regulation of intrastate pipelines under the Elder California Pipeline Safety Act of 1981 (Elder Act) to intrastate pipelines used for the transportation of CO2. Finally, the bill requires the SFM to establish the Carbon Dioxide Pipeline Safety Advisory Committee for the purpose of providing the SFM with recommendations regarding additional safety standards for pipelines transporting CO2 and informing local agencies and pipeline operators transporting CO2 of changes in applicable laws and regulations, as specified.
ANALYSIS:
Existing law:
- Provides, under the Elder Act, that the SFM exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. The Elder Act imposes various requirements in relation to the regulation of these intrastate pipelines. A person who willfully and knowingly violates the Act or a regulation adopted pursuant to the Elder Act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
- Defines “pipeline” for the purposes of the Elder Act, as every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substance; and does not include an interstate pipeline subject to federal regulations, a pipeline that transports hazardous substances in a gaseous state, and other specified exclusions. (Government Code § 51010.5)
- Requires the SFM to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, including, but not limited to, compliance orders, penalties, and inspections and maintenance provisions. (Government Code § 51011)
- Requires every newly constructed pipeline, existing pipeline, or part of a pipeline system that has been relocated or replaced, and every pipeline that transports a hazardous liquid substance or highly volatile liquid substance, to be tested in accordance with federal regulations and every pipeline more than 10 years of age and not provided with effective cathodic protection to be hydrostatically tested every three years, except for those on the SFM's list of higher risk pipelines, which shall be hydrostatically tested annually. (Government Code § 51013.5)
- Authorizes the SFM to assess and collect from every pipeline operator an annual administrative fee.
- Prohibits the use of pipelines to transport CO2 to or from CO2 capture, removal, or sequestration projects until the federal PHMSA has concluded a specified rulemaking regarding minimum federal safety standards for transportation of CO2 by pipeline and the project operator demonstrates that the pipelines meet those standards.
- Governs, under the Administrative Procedures Act (APA), the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law (OAL).
- Grants, pursuant to federal law, the United States Secretary of Transportation the regulatory and enforcement authority over gas and hazardous liquid pipelines, including CO2 pipelines. (49 United States Code § 60102)
- Prohibits, pursuant to federal law, the United States Secretary of Transportation from prescribing or enforcing safety standards and practices for an intrastate pipeline or intrastate pipeline facility to the extent that the safety standards and practices are regulated by a state authority, except at provided. (49 United States Code § 60105)
- Defines “carbon dioxide” for the purposes of PHMSA, as a fluid consisting of more than 90% carbon dioxide molecules compressed to a supercritical state. (49 Code of Federal Regulations § 195.2)
- Defines “hazardous liquid” as petroleum, petroleum products, and anhydrous ammonia, and ethanol or other non-petroleum fuel, including biofuel, which is flammable, toxic, or would be harmful to the environment if released in significant quantities. (49 Code of Federal Regulations § 195.2)
This bill:
- Expands the regulation of intrastate pipelines under the Elder Act to intrastate pipelines used for the transportation of CO2 by revising the definition of “pipeline” to include intrastate pipelines used for the transportation of CO2.
- Prohibits the SFM from permitting the transportation of CO2 in a pipeline unless the applicant can demonstrate, through a public process, with opportunity for public comment, that the transportation of CO2 in a pipeline complies with all of the following:
- The draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 1999, inclusive, of Title 49 of the Code of Federal Regulations).
- The California Endangered Species Act.
- The Porter-Cologne Water Quality Control Act.
- The California Environmental Quality Act.
- Other Applicable state laws and regulations.
- Applicable local land use and zoning regulations.
- Requires the SFM to post on its internet website the draft federal regulations described above.
- Authorizes the SFM, to protect the public health and welfare and the environment to require additional safety standards for any of the following:
- Pipeline design.
- Fracture mechanics.
- Pipeline materials.
- Valve materials.
- Conversion of existing pipeline.
- Pipeline location.
- Potential impact areas of a release.
- Land movement.
- Operation.
- Odorant requirements.
- Leak detection.
- Emergency response.
- Monitoring and detection of contaminants entering the pipeline.
- Maintenance.
- Other factors deemed appropriate by the SFM.
- Authorizes the SFM, for a pipeline transporting CO2, to order a pipeline shutdown for violations of the provisions of this bill or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
- Authorizes assessed civil penalties to be used to provide fire responder training for hazardous gas suppression training to local fire departments. Existing law assesses a civil penalty for a violation of the Act or regulations pursuant to the Act and requires these penalties, upon appropriation by the Legislature, to be available to provide hazardous liquid fire suppression training to local fire departments.
- Requires the SFM to establish the Carbon Dioxide Pipeline Safety Advisory Committee (Committee) for both of the following purposes:
- Making recommendations, as necessary, to the SFM regarding additional safety standards as described above.
- Informing local agencies and every pipeline operator transporting CO2 of changes in applicable laws and regulations affecting the operations of pipelines and reviews proposed CO2 pipeline safety regulation as described above.
- Requires the Committee to be composed of eight members, of whom two shall represent CO2 pipeline operators, three shall represent local agencies, one shall be a fire chief, and two shall be public members.
- Requires the Committee to meet when requested by the SFM, but no less than once per year.
- Requires the members of the Committee to be paid expenses and $100 per diem for each meeting.
Background
Author Statement. According to the author’s office, “communities deserve safety and a robust public process whenever a project carrying hazardous materials will be traveling through their communities. While the permitting and building of carbon dioxide pipelines are an important part of the state’s carbon capture and sequestration efforts, it cannot come at the expense of community safety. SB 614 aims to enshrine the Biden administration draft regulations in state law to ensure best-in-class safety practices. This bills sets a high standard for establishing when transportation of carbon dioxide by pipeline would be allowed, and would provide experts with the ability to increase safety standards and stringency.”
Carbon Capture and Storage. Carbon Capture and Storage (CCS) and carbon removal is a process of separating CO2 from a point source and putting it into long-term storage, usually by injecting CO2 into a geological reservoir. This process is generally considered by experts to be a CO2 reduction strategy, not a CO2 removal strategy, since it is only reducing CO2 from anthropogenic sources that would have otherwise entered the atmosphere, rather than removing what was already there. As of January 2025, there are approximately 13 of these projects in various stages of development in California, especially in the central valley.
Transportation is a key component of CCS and carbon removal projects because the location at which CO2 is captured may be some distance from the point at which it will be geologically sequestered. Transportation can occur by marine tankers, trucks, rail, or pipelines. Experts generally agree that the most efficient way to transport CO2, as well as the safest way for the volume of CO2 they move is through pipelines. In many ways, pipelines are also the most cost-effective way to move CO2.
CO2 can be transported as a gas, liquid, or supercritical form. At standard temperature and pressure, CO2 behaves as a gas, when it is cooled and highly compressed, CO2 becomes a liquid. When both the temperature and pressure are increased above the standard temperature and pressure, CO2 exists in a supercritical state, in this state CO2 has some properties of a gas and some properties of liquid.
Transportation of CO2 by Pipelines. The federal PHMSA develops and enforces the transportation of hazardous materials via pipelines to ensure the same, reliable and environmentally sound operation of the nation’s pipeline transportation system. The PHMSA maintains regulatory jurisdiction over interstate pipelines, which encompasses pipelines that travels between state and in federal waters. In the Areas of CCS and carbon removal projects, PHMSA has no regulatory jurisdiction over interstate or intrastate pipelines transporting CO2 as a liquid. Federal statute provides PHMSA with regulatory authority over interstate and intrastate pipelines transporting CO2 as a gas or supercritical state. While PHMSA has released proposed regulations at the end of the Biden Administration, those regulations have been “withdrawn” by the Trump Administration.
In California, the SFM maintains regulatory jurisdiction over hazardous liquid intrastate pipelines. The SFM regulates the safety of nearly 6,000 miles of intrastate hazardous liquid transportation pipelines through a PHMSA certified compliance and enforcement program. With this certification, the SFM may adopt additional safety standards for intrastate pipeline facilities provided such standards are compatible with federal regulation. Those safety standards may be more restrictive or stringent than federal regulation. The California Public Utilities Commission (CPUC), as part of their jurisdiction, ensures that intrastate natural gas and liquid petroleum gas pipeline systems are designed, constructed, operated, and maintained according to safety standards set by the CPUC and the PHMSA. CPUC’s existing authority does not extend to intrastate CO2 gas pipelines.
There is currently, no intrastate CO2 pipeline in California. When such pipelines are developed, the SFM will exercise jurisdiction over intrastate CO2 pipelines through the existing federal pipeline safety state program agreement. This agreement delegates authority for the SMF to regulate intrastate pipelines that carry CO2 compressed to a supercritical state and composed of at least 90% CO2. Pipelines transporting less than 90% CO2, including CO2 in a liquid or gas form, would likely fall outside the scope of existing regulations, leaving regulation of pipelines transporting CO2 composed of less than 90% CO2 or in a liquid gas form to local jurisdictions and those state who choose to adopt regulation.
At this time, significant regulatory uncertainty exists regarding the design, operation, siting, and maintenance of intrastate CO2 pipelines, regardless of the state that CO2 is transported. The SFM is currently limited to applying only federal safety standards to CO2 pipelines; transport of supercritical CO2 that is composed of at least 90% CO2. Establishing separate standards in California that are in addition to federal regulation is only possible if changes are made in state law.
Draft of Federal Regulations. On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Proposed Rulemaking under RIN 2138-AF60, aiming to enhance the minimum federal safety standards for the transportation of CO2 by pipeline, as outlined in parts 190 to 199 of Title 49 of the Code of Federal Regulations. Ten days later, according to various reports, a federal pipeline safety official not authorized to speak publicly said the proposed rules were “withdrawn” in accordance with a January 20, 2025 executive order by President Trump that freezes all pending regulations and initiatives pending a review process by newly appointed agency leaders. Federal CO2 transport through pipelines rules were put further in doubt with a February 19 executive order aimed at rooting out all regulations that are costly to “private parties” and impede economic development.
The previously proposed federal regulations sought to address the anticipated expansion of CO2 pipeline infrastructure driven by increased CCS initiatives. According to the U.S. Department of Energy, the current network of approximately 5,000 miles of CO2 pipelines is projected to expand significantly to support these initiatives. The Notice of Proposed Rulemaking introduced several key provisions including:
- Comprehensive Safety Requirements. For the first time, PHMSA proposed specific regulations for pipelines transporting CO2 in gaseous and liquid states, complementing existing standards for supercritical CO2 pipelines. These proposed regulations would have encompass design, installation, operation, maintenance, and reporting protocols.
- Conversion Standards. Operators seeking to repurpose existing pipelines for CO2 transport would have been required to adhere to stringent guidelines, including conducting spike hydrostatic pressure tests and performing in-line inspections within specified timeframes to ensure structural integrity.
- Emergency Preparedness. The proposal would have mandated enhanced training for emergency responders, provision of CO2 detection equipment, and improved public communication strategies during emergencies to bolster safety measures.
- Vapor Dispersion Analysis. Operators would have been required to perform detailed analyses to predict the spread of CO2 in the event of a pipeline failure, thereby aiding in risk assessment and mitigation planning.
SB 905 (Caballero, Chapter 359, Statutes of 2022. In 2022, SB 905 (Chapter 359, Statutes of 2022) was signed by Governor Newsom. Among other things, the bill prohibits the use of intrastate pipelines to transport CO2 until the PHMSA completes its rulemaking process. SB 905 required the California Natural Resources Agency (CNRA) to “provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety.”
The proposal was released in March 2023, and included various recommendations “aimed at informing additional legislation that would be necessary to create a robust regulatory framework governing CO2 pipelines so as to protect public, health, safety, and the environment. These recommendations are made with the recognition that CCS and carbon removal projects, and CO2 transport, represent a new set of technologies and infrastructure and accordingly, poses, new risks and potential adverse impact to human health, safety, and the environment should a pipeline failure occur.”
One of the recommendations included providing the SFM with clear regulatory authority over pipeline transportation of CO2 in liquid, gas, and supercritical state to protect public safety. As part of this recommendation the CNRA stated that “clear authority to draft safety-related regulations governing intrastate CO2 pipelines will avoid ambiguity about which state agency is charged with regulating liquid, gas, and supercritical CO2 pipelines. It will also ensure a well-defined and understood regulatory process that includes robust public process and allows time to incorporate emerging information from new research and development studies.
Additionally the CNRA recommended the SFM with clear administrative and enforcement authority to order intrastate CO2 pipeline shutdown immediately when safety regulations are violated.”
The California Administrative Procedures Act. The APA, originally established by SB 705 (DeLap, Chapter 867, Statutes of 1945), predates the federal version and is a set of laws and regulations that governs how state agencies in California must conduct administrative rulemaking and adjudicative proceedings. The APA was established in response to concerns that the number of administrative regulations had grown significantly, and that many regulations were written in an unclear and unnecessarily complex manner. The APA aims to ensure that regulations are written in a comprehensible manner, are authorized by statute, and are consistent with other law.
To achieve these goals, the APA established the OAL as a central office within state government charged with the orderly review of adopted regulations. The OAL is responsible for reviewing regulations to ensure that they are written in a comprehensible manner, are authorized by statute, and are consistent with other law. The OAL is also tasked with reducing the number of administrative regulations and improving the quality of those regulations that are adopted.
State agencies must actively seek to reduce the unnecessary regulatory burden on private individuals and entities by substituting performance standards for prescriptive standards wherever performance standards can be reasonably expected to be as effective and less burdensome, and that this substitution shall be considered during the course of the agency rulemaking process.
The APA requires that state agencies must give the OAL ready access to their records and full information and reasonable assistance in any matter of research requiring recourse to them or to data within their knowledge or control.
Furthermore, any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation as provided in Article 5 of the APA. The state agency must notify the petitioner in writing of the receipt and must within 30 days deny the petition indicating why the agency has reached its decision on the merits of the petition in writing or schedule the matter for public hearing in accordance with the notice and hearing requirements of that article.
The APA was designed to promote transparency, fairness, and public participation in the administrative process. Its main objectives are to ensure that regulations are written in a comprehensible manner, are authorized by statute, and are consistent with other law. The APA established the OAL to review and improve the quality of adopted regulations, and state agencies must actively seek to reduce the unnecessary regulatory burden on private individuals and entities.
Emergency Rulemaking Process in the APA. A state agency may adopt emergency regulations in response to a situation that calls for immediate action to avoid serious harm to the public peace, health, safety, or general welfare, or if a statute deems a situation to be an emergency under the APA. Because emergency regulations are intended to avoid serious harm and require immediate action, the emergency rulemaking process is substantially abbreviated compared to the regular rulemaking process. OAL reviews emergency regulations for compliance with the APA’s emergency rulemaking requirements.
It should be noted that if the emergency existed and was known by the state agency in sufficient time to have been addressed through nonemergency regulations, the finding of the emergency shall include facts explaining the failure to address the situation through nonemergency regulations. A finding of emergency based only upon expediency, convenience, best interest, general public need, or speculation is not adequate to demonstrate the existence of an emergency. (Government Code Section 11349.1(b)(2).)
Emergency rulemaking has a five calendar day comment period that begins when OAL posts the notice of the pending emergency action on the OAL web site. OAL may approve an emergency rulemaking without public comment if “the emergency situation clearly poses such an immediate, serious harm that delaying action to allow public comment would be inconsistent with the public interest.” (Government Code Section 11349.6(b).)
Comments on a proposed emergency rulemaking action must be submitted directly to OAL within five calendar days from when OAL posts the proposed emergency regulation on the OAL website. When submitting a comment on an emergency rulemaking action, a copy of the comment must also be submitted to the rulemaking agency’s contact person. OAL will confirm that the agency has received the comment before considering it. The comment must state that it is about an emergency rulemaking action currently under OAL review and include the topic of emergency. The rulemaking agency is not required to respond to comments submitted in connection with an emergency rulemaking action. If the agency chooses to respond, however, it must submit its response to OAL within eight calendar days after the date of submission of the proposed emergency rulemaking action to OAL.
OAL has 10 calendar days within which to review and make a decision of the proposed emergency rulemaking file. If OAL approves the emergency rulemaking, OAL will file the approved regulation with the Secretary of State. If OAL disapproves the regulation, it must write a decision explaining the reasons for disapproval.
An emergency regulation usually becomes effective when filed with the Secretary of State. An emergency regulation generally remains in effect for 180 days unless OAL approves a readoption of the emergency regulation during that time period. If an agency requests readoption of an emergency, it should be submitted to OAL at least 10 calendar days prior to expiration of the emergency effective period to avoid the possibility that the regulation lapses operation of law during OAL’s 10-day review. If approved by OAL, the emergency readoption extends the emergency regulation for an additional 90 days; however no more than two readoptions are permitted. (Government Code Section 11346.1(h).)
An emergency regulation can become permanent if the agency adopts the emergency regulation through the regular rulemaking process within the time period the emergency regulation is in effect. This is commonly referred to as filing a “certificate of compliance.” When the agency submits a timely certificate of compliance to OAL, the emergency regulation stays in effect during OAL’s review. OAL reviews the certificate of compliance action to ensure it satisfies all APA requirements for a regular rulemaking. (Government Code Section 11346.1(e)).) OAL has 30 working days to review a certificate of compliance. If a certificate of compliance is submitted, the maximum time period for OAL review is 30 working days, although OAL may act earlier. A proposed rulemaking submitted with a certificate of compliance usually becomes effective on filing by OAL with the Secretary of State.
Unclear Public Process and Unnecessary Confusion. This bill prohibits the SFM from permitting the transportation of CO2 in a pipeline unless the applicant can demonstrate, through a public process, with opportunity for public comment, that the transportation of CO2 complies with draft regulations previously discussed in this analysis and a number of various state and local laws. It’s unclear what exactly this language is supposed to accomplish. The language seems to suggest that the applicant, and not the SFM, is the entity responsible for not only demonstrating that there was a public process but that the transportation of CO2 via pipelines complies with draft federal regulations and various state and local laws.
Furthermore, the language is extremely broad and seems to suggest that the public participation requirement would be able to be met in a variety of different ways that unlike the APA would not be transparent, fair, or truly give members of the public the ability to comment on regulations. For example, without any specific details or requirements, the language suggest that the applicant could simply post regulations on their public Internet website, include a method for members of the public to provide comments, and the requirement would have been met. Taking that example further, there is no requirement that the applicant must provide members of the public any specific length of time to review those regulations. An applicant could realistically, put up the regulations in the middle of the night without any public notice whatsoever, allow for “public comment” for an hour and the requirements of this bill would seem to be fulfilled.
Ultimately, it’s unclear why the bill seeks to establish this extremely broad and vague language when the state already has a process through the APA that provides a robust public process. Unlike this bill, the APA sets very clear guidelines and requirements that a state agency must adhere to. This not only ensures public participation but seeks to ensure that regulations are written in a comprehensible manner, are authorized by statute, and are consistent with other law. The bill as currently written does not seem to achieve any of those goals.
Suggested Amendments. As previously mentioned the current language in the bill creates unnecessary confusion and can lead to unintended consequences. Below is a description of some amendments that are aimed at improving the bill. It should be noted that the amendments below are not intended to address whether the regulations adopted by the SFM should be conducted under the APA, under emergency rulemaking authority, or exempted from the APA altogether. The committee understands that those conversations are ongoing.
- As previously mentioned, the current language creates unnecessary confusion. As such, the committee may wish to amend the bill to provide clear guidance to the SFM as follows:
Beginning on Page 6, Line 15. 51011.5. (a) The State Fire Marshal shall not permit the transportation of carbon dioxide in a pipeline unless the applicant can demonstrate, through a public process, with opportunity for public comment, that the transportation of carbon dioxide in a pipeline complies with all of the following: By April 1, 2026, the State Fire Marshall shall develop regulations to regulate the transportation of carbon dioxide in a pipeline.
(1) (A) The regulations shall provide safety standards that, at a minimum, meet the standards proposed by the The draft federal regulations set forth in the Notice of Proposed Rulemaking publicly issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
- In order to provide clarify that the transportation of CO2 is conducted in compliance with other state and local laws the committee may wish to amend the bill as follows:
Beginning on Page 6, after Line 29. (#) The State Fire Marshall, as part of its regulatory process, in coordination with all relevant agencies, shall require any project applicant to demonstrate that the transportation of carbon dioxide in a pipeline complies with all of the following:
- In order to clarify that the SFM is authorized to provide additional safety standards not explicitly outline in the bill, the committee may wish to amend the bill as follows:
Beginning on Page 7, line 1. (b) To protect the public health and welfare and the environment, the State Fire Marshal may require additional safety standards, including but not limited to, for any of the following:
- In order to ensure that the existing moratorium remains in place until regulations are finalized the committee may wish to amend the bill as follows:
Beginning on Page 9, Line 12. 71465. (a) Pipelines shall only be utilized used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project if they are regulated by the State Fire Marshall pursuant to regulations adopted pursuant to Section 51011.5 and the carbon dioxide capture, removal, or sequestrian project operator demonstrates that the pipeline meets those standards once the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards. that complies with Section 51011.5 of the Government Code. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
- In order ensure legislative oversight, the committee may wish to add a ten year sunset to the Advisory committee as follows:
Beginning on Page 8, after line 2. (e) This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
Prior/Related Legislation
AB 881 (Petrie-Norris, 2025) requires the SFM, by April 1, 2025 to adopt regulations governing the safe transportation of CO2 in pipelines that are equivalent to draft regulations issued by the federal PHMSA on January 1, 2025. The bill provides that the APA does not apply to the adoption of regulations by the SFM required by this bill. (Pending in the Assembly Utilities and Energy Committee)
AB 2623 (Arambula, 2024) would have expanded the regulation of intrastate pipelines under the Act to intrastate pipelines used for the transportation of CO2. Additionally, the bill would have required the SFM to adopt safety-related regulations governing intrastate pipelines transporting CO2, as provided. (Never heard in the Assembly Utilities and Energy Committee)
SB 905 (Caballero, Chapter 359, Statutes of 2022) requires the California Air Resources Board to establish a Carbon Capture, Removal, Utilization, and Storage Program and adopt regulations for a model unified permit program for the construction and operation of CCRUS projects. In addition, the bill prohibits the use of intrastate pipelines to transport of CO2 until the PHMSA completes its rulemaking. Furthermore, the bill requires the California Natural Resources Agency to “provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying CO2 fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety.
AB 1676 (Luz Rivas, 2022) would have added CO2, compressed to a supercritical state, to the substances included in the Elder California Pipeline Safety Act, giving the SFM exclusive jurisdiction to regulate intrastate pipeline transportation of CO2 under the existing provisions of the Elder Act, which currently applies to petroleum and other hazardous liquids. (Never Heard in the Assembly Natural Resources Committee)
SB 295 (Jackson, Chapter 607, statutes of 2015) requires the SFM, to annually inspect all intrastate pipelines and operators of intrastate pipelines under the jurisdiction of the SFM and requires the SFM to adopt regulations implementing these provisions.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT:
California State Pipe Trades Council
OPPOSITION:
Biofuelwatch
CA Youth vs. Big Oil
Center for Biological Diversity
Center on Race, Poverty, and Environment
Central California Environmental Justice Network
Climate Equity Policy Center
Climate Health Now Action Fund
Climate Reality San Francisco Bay Area Chapter
Elders Climate Action
Elder Climate Action, NorCal Chapter
El Pueblo Para el Aire y Agua Limpia de Kettleman City
Extinction Rebellion San Francisco Bay Area
Food & Water Watch
Good Neighbor Steering Committee
Greenpeace USA
Interfaith Climate Action Network of Contra Costa County
Labor Rise Climate Jobs Action Group
Leadership Counsel Action
Oil Change International
Oil and Gas Action Network
Physicians for Social Responsibility – Los Angeles
Physicians for Social Responsibility – San Francisco Bay
Planning and Conservation League
Progressive Democrats of Benicia
Protect Monterey County
San Francisco Baykeeper
Sierra Club
Social Eco Education
Sunflower Alliance
UNIDOS Network Inc.
West Berkeley Alliance for Clean Air and Safe Jobs
350 Bay Area Action
350 Humboldt County
1000 Grandmothers for Future Generations
ARGUMENTS IN SUPPORT: According to the California State pipe Trades Council, “SB 614 directs the [SFM] to develop robust, safety-related regulations for CO2 pipelines , ensuring that they are constructed, maintained, and operated in a manner that minimizes risks to public health and the environment. These regulations will be based on PHMSA’s extensive regulatory update that was initiated but not finalized under the Bided Administration, ensuring that California upholds the highest safety standards.”
ARGUMENTS IN OPPOSITION: According to opponents of the bill, “[both] the federal government and California need to fill the dangerous gaps for CO2 pipelines before CCS projects are allowed to proceed. Our groups fully support California regulating above and beyond what PHSMA sets as the federal floor. But ending California’s existing partial moratorium before PHSMA’s regulations are complete risks preemption and prevents the state and its residents from benefitting from the nationwide attention and expert input that the federal rulemaking will generate. Ending the moratorium prematurely will also accelerate the poor investment and false climate solution that is CSS. In short, there is no benefit to California jumping out early and changing the precautionary measure that is already in place.”
According to the Central California Environmental Justice Network, “SB 614’s attempt to allow pipelines to be operated before official state regulations are adopted is confusing and raises many concerns on enforceability. Allowing pipelines to be built before the SFM adopts more strict regulations would be a perverse incentive to the industry to drag out and delay state regulation development and quickly build pipelines before more stringent regulations are in place. It would also be more efficient for the SFM to go through the regulatory process once. In order to ensure that all CO2 pipelines in California follow strong, enforceable safety standards, we ask that SB 614 be amended to clearly require the SFM to adopt regulations before CO2 pipelines can be operated.”
DUAL-REFERRAL: Senate Governmental Organization Committee & Senate Environmental Quality Act
Discussed in Hearing
Assembly Floor
Senate Floor
Assembly Standing Committee on Natural Resources
Assembly Standing Committee on Utilities and Energy
Senate Floor
Senate Standing Committee on Environmental Quality
Senate Standing Committee on Governmental Organization
Bill Author
Bill Co-Author(s):