Section 51010 of the Government Code is amended to read:
Earlier text of § 51010 is not compiled in this navigator, so changes are not marked.
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.
Section 51010.5 of the Government Code is amended to read:
Earlier text of § 51010.5 is not compiled in this navigator, so changes are not marked.
As used in this chapter, the following definitions apply:
“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:
An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations.
A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
Transportation of petroleum in onshore gathering lines located in rural areas.
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.
Transportation of a hazardous liquid by a flow line.
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.
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.
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.
“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.
“Flow line” means a pipeline that transports hazardous liquid substances from the wellhead to a treating facility or production storage facility.
“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.
“Local agency” means a city, county, or fire protection district.
“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.
“Gathering line” means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.
“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.
“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.
“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.
“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.
“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.
“Sensitive receptor” means any of the following:
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.
A community resource center, including a youth center.
A health care facility, including a hospital, retirement home, or nursing home.
Live-in housing, including a long-term care hospital, hospice, prison, detention center, or dormitory.
A residence, including a private home, condominium, apartment, and living quarter.
A building that is a business that is open to the public.
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.
Section 51011.5 is added to the Government Code, to read:
(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.
Section 51011.6 is added to the Government Code, to read:
(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.
Section 51015.06 is added to the Government Code, to read:
(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.
Section 51018.6 of the Government Code is amended to read:
Earlier text of § 51018.6 is not compiled in this navigator, so changes are not marked.
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.
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.
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.
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).
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.
Section 51018.9 is added to the Government Code, to read:
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.
Section 39741.7 is added to the Health and Safety Code, to read:
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.
Section 116375 of the Health and Safety Code is amended to read:
Earlier text of § 116375 is not compiled in this navigator, so changes are not marked.
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:
The monitoring of contaminants, including the type of contaminant, frequency and method of sampling and testing, and the reporting of results.
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.
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.
Requirements for treatment, including disinfection of water supplies.
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)).
Requirements for notifying the public of the quality of the water delivered to consumers.
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.
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.
Methods for determination of the number of persons served by a public water system for drinking water regulatory purposes.
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.
(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).
Section 71465 of the Public Resources Code is amended to read:
Earlier text of § 71465 is not compiled in this navigator, so changes are not marked.
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.
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.
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.
Bill text is the chaptered version from LegiScan (California Legislature); spacing is normalized. Code section text in a bill is the text that bill chaptered, not necessarily the law in effect today. Not legal advice.