AB 1536

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. The act requires the State Fire Marshal to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, as provided. The act authorizes the State Fire Marshal to exempt the application of those regulations to any pipeline, or portion thereof, when it is determined that the risk to public safety is slight and the probability of injury or damage remote. The act requires any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technology based on a risk analysis conducted by the operator to reduce the amount of oil released in an oil spill to protect state waters and wildlife. 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. This bill would prohibit the State Fire Marshal from exempting the application of those regulations to any pipeline, or portion thereof, unless it is determined that the exemption is necessary to address a threat to public safety or the environment or other emergency. The bill would make an application for a specified exemption pursuant to these provisions subject to a 60-day public comment period and, upon request of any interested person, require it to be considered at a public hearing. The bill would make a project that has received an exemption pursuant to these provisions subject to the California Environmental Quality Act. The bill would make any repaired pipeline near environmentally and ecologically sensitive areas in the coastal zone subject to the requirement to use best available technology based on a risk analysis conducted by an independent expert, rather than the operator, and require that analysis to address prevention, as well as reduction, of the amount of oil released in an oil spill, as described above, and make related changes. The bill would prohibit idled, inactive, or out-of-service hazardous liquid pipelines under the jurisdiction of the State Fire Marshal that have experienced a reportable incident, such as a hazardous liquid spill, from being reactivated or operated, unless specified conditions are met. The bill would require, for any idled, inactive, or out-of-service pipeline that has spilled 10,000 gallons or more of hazardous liquid, the operator to permanently abandon the pipeline by July 1, 2027, or within 6 months of the pipeline’s most recent incident, and require the operator to restore the site to its natural condition no later than one year following permanent abandonment. By creating new crimes, the bill would impose a state-mandated local program. This bill would require the State Fire Marshal to require permanent abandonment of a pipeline if the best available technology is not achievable for a pipeline because of operational aspects, pipeline or regional conditions, or other factors. The bill would require the State Fire Marshal to suspend the operations of any pipeline that is not in compliance with the requirements to use best available technology no later than January 1, 2027. Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of oil and gas wells, as provided. A person who violates, fails, neglects, or refuses to comply with the oil and gas laws, or who fails, neglects, or refuses to furnish any report or record required pursuant to those laws, is guilty of a crime. The California Coastal Act of 1976 establishes the California Coastal Commission, and prescribes procedures for the preparation, approval, and certification of local coastal programs that regulate development in the coastal zone, as defined, in jurisdictions that have a certified local coastal program. This bill would require an operator seeking approval for a new well, production facility, or specified pipelines in the coastal zone to submit a leak detection and response plan and obtain approval from the division prior to obtaining approval for the new well, production facility, or specified pipeline. By creating new crimes, the bill would impose a state-mandated local program. This bill would authorize the commission to adopt regulatory standards for leak detection and repair provided those standards are more protective than the standards promulgated by the division. Existing law authorizes the Department of Parks and Recreation to grant permits and easements to an oil and gas lessee of the state for pipeline right-of-way purposes. This bill would prohibit any intrastate oil pipeline that has spilled 10,000 gallons or more of oil cumulatively since its construction from operating within 0.5 miles of a state park, wildlife area, or ecological reserve. 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.