Bill Text: CA SB1389 | 2013-2014 | Regular Session | Amended


Bill Title: Natural Gas Pipeline Safety Act of 2011.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1389 Detail]

Download: California-2013-SB1389-Amended.html
BILL NUMBER: SB 1389	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2014

INTRODUCED BY   Senator Hill

                        FEBRUARY 21, 2014

   An act to  add Section 958.2 to   amend
Section 958 of  the Public Utilities Code, relating to gas
pipelines.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1389, as amended, Hill. Natural Gas Pipeline Safety Act of
2011.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including gas corporations, as
defined. The Natural Gas Pipeline Safety Act of 2011, within the
Public Utilities Act, designates the commission as the state
authority responsible for regulating and enforcing intrastate gas
pipeline transportation and pipeline facilities pursuant to federal
law, including the development, submission, and administration of a
state pipeline safety program certification for natural gas
pipelines. The Natural Gas Pipeline Safety Act of 2011 requires each
gas corporation to prepare and submit to the commission a proposed
comprehensive pressure testing implementation plan for all intrastate
transmission lines to either pressure test those lines or to replace
all segments of intrastate transmission lines that were not pressure
tested or that lack sufficient details related to performance of
pressure testing. The comprehensive pressure testing implementation
plan is required to include a timeline for completion that is as soon
as practicable, and includes interim safety enhancement measures,
including increased patrols and leak surveys, pressure reductions,
prioritization of pressure testing for critical pipelines that must
run at or near maximum allowable operating pressure values that
result in hoop stress levels at or above 30% of specified minimum
yield stress, and any other measure that the commission determines
will enhance public safety during the implementation period. Use of
engineering-based assumptions are authorized to determine maximum
allowable operating pressure in the absence of complete records, but
only as an interim measure until all the lines have been tested or
replaced, in order to allow the gas system to continue to operate.
   This bill would  require the commission to adopt rules for
gas corporations to follow when determining the maximum allowable
operating pressure for an intrastate transmission line installed
prior to July 1, 1970, and would require that the rules adopted be
compatible with the requirements of specified regulations concerning
maximum allowable operating pressure adopted by the federal Pipeline
and Hazardous Materials Safety Administration.  
prohibit a gas corporation from determining the maximum allowable
operating pressure of an intrastate transmission line or segment of
an intrastate transmission line using the highest actual operating
pressure the line or segment was subject to during the 5-year period
preceding July 1, 1970, pursuant to a specified federal regulation,
and would require that the maximum allowable operating pressure be
determined pursuant to rules or orders of the commission. 
   Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
   Because the provisions of this bill would be a part of the Public
Utilities Act and because a violation of an order or decision of the
commission implementing its requirements would be a crime, the bill
would impose a state-mandated local program by creating a new crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 958.2 is added to the Public
Utilities Code, to read:
   958.2.  The commission shall adopt rules for gas corporations to
follow when determining the maximum allowable operating pressure for
an intrastate transmission line installed prior to July 1, 1970. The
rules adopted by the commission shall be compatible with the
requirements of Section 192.619(a) and Section 192.620 of Subpart L
of Part 192 of Title 49 of the Code of Federal Regulations, or any
successor regulations adopted by the federal Pipeline and Hazardous
Materials Safety Administration. 
   SECTION 1.    Section 958 of the   Public
Utilities Code   is amended to read: 
   958.  (a) Each gas corporation shall prepare and submit to the
commission a proposed comprehensive pressure testing implementation
plan for all intrastate transmission lines to either pressure test
those lines or to replace all segments of intrastate transmission
lines that were not pressure tested or that lack sufficient details
related to performance of pressure testing. The comprehensive
pressure testing implementation plan shall provide for testing or
replacing all intrastate transmission lines as soon as practicable.
The comprehensive pressure testing implementation plan shall set
forth criteria on which pipeline segments were identified for
replacement instead of pressure testing.
   (b) The comprehensive pressure testing implementation plan shall
include a timeline for completion that is as soon as practicable, and
includes interim safety enhancement measures, including increased
patrols and leak surveys, pressure reductions, prioritization of
pressure testing for critical pipelines that must run at or near
maximum allowable operating pressure values that result in hoop
stress levels at or above 30 percent of specified minimum yield
stress, and any other measure that the commission determines will
enhance public safety during the implementation period.
Engineering-based assumptions may be used to determine maximum
allowable operating pressure in the absence of complete records, but
only as an interim measure until such time as all the lines have been
tested or replaced, in order to allow the gas system to continue to
operate.
   (c) At the completion of the implementation period, all California
natural gas intrastate transmission line segments shall meet all of
the following:
   (1) Have been pressure tested.
   (2) Have traceable, verifiable, and complete records readily
available.
   (3) Where warranted, be capable of accommodating in-line
inspection devices. 
   (d) A gas corporation shall not determine the maximum allowable
operating pressure of an intrastate transmission line or segment of
an intrastate transmission line using the highest actual operating
pressure the line or segment was subject to during the five-year
period preceding July 1, 1970, pursuant to Section 192.619(c) of
Subpart L of Part 192 of Title 49 of the Code of Federal Regulations,
and shall determine the maximum allowable operating pressure
pursuant to rules or orders of the commission. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.                               
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