Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law requires, until at least December 31, 2029, each gas corporation to submit to the commission a map that includes, among other things, the location of all potential gas distribution line replacement projects identified in its distribution integrity management plan and any foreseeable gas distribution pipeline replacements, as provided. This bill would require each gas corporation to submit an annual report to the commission that describes its expenditures associated with gas distribution infrastructure replacement and upgrade projects, as provided. The bill would require the commission, as part of its long-term gas planning rulemaking or a successor proceeding, to consider a framework for the depreciation of gas distribution infrastructure that reflects reasonably foreseeable changes in gas demand and is designed to minimize future ratepayer exposure to stranded asset costs, and would authorize the commission to apply the framework in evaluating the depreciation of, and cost recovery for, gas distribution infrastructure replacements and upgrades. Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above provisions would be part of the Public Utilities Act and a violation of a commission action implementing this bill's requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms in regulating those emissions. The implementing regulations adopted by the state board provide for the direct allocation of greenhouse gas allowances to electrical corporations and gas corporations pursuant to a market-based compliance mechanism. Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including gas corporations. Existing law requires the commission to consider options to promote the in-state production and distribution of biomethane, and that facilitate the development of a variety of sources of in-state biomethane. The commission has adopted 2 decisions implementing these requirements, the 2nd of which adopted a 5-year monetary incentive program effective June 11, 2015, for biomethane projects. Existing law requires the commission to modify the biomethane monetary incentive program in specified respects and to extend the program, as modified, until December 31, 2026, or until all available program funds are expended, whichever occurs first. This bill would require the commission to extend the biomethane monetary incentive program until December 31, 2030. The bill would authorize the commission to authorize additional funding of $50,000,000 for the program, of which no more than $10,000,000 would be authorized for dairy biomethane projects, using the revenues, including any accrued interest, received by a gas corporation as a result of the direct allocation of greenhouse gas allowances provided to gas corporations as part of the above-described market-based compliance mechanism. Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be part of the act and because a violation of a commission action implementing its requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
(1) The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to adopt regulations relating to intrastate pipelines used for the transportation of hazardous liquid substances or highly volatile liquid substances. The act requires these regulations to comply with federal law, which defines hazardous liquid to include, among others, petroleum, petroleum products, and ethanol or other nonpetroleum fuel. Federal law also defines highly volatile liquid substances to mean a hazardous liquid that will form a vapor cloud when released, as provided. The act governs various issues related to intrastate pipelines, including, among others, pipeline design and construction, pipeline testing, land use restrictions within pipeline easements, reporting and document retention requirements on pipeline operators, pipeline inspections, emergency protocols, and enforcement. This bill would enact the Hydrogen Pipeline Safety Act, a regulatory program, similar to the Elder California Pipeline Safety Act, governing pipelines dedicated to transporting hydrogen, to be administered by the State Fire Marshal, as specified. The bill would require the State Fire Marshal to adopt regulations governing various issues related to the operation and safety of hydrogen pipelines, including those listed above. The Elder California Pipeline Safety Act authorizes the State Fire Marshal to assess and collect an annual fee from each operator of a pipeline regulated by the act for the purposes of carrying out the act, as provided, and requires those annual fees to be deposited into the Pipeline Operations Account within the California Hazardous Liquid Pipeline Safety Fund. The act requires specified civil penalties provided for by the act to be deposited into the Local Training Account in the fund. Moneys in the accounts are available, upon appropriation by the Legislature, to the State Fire Marshal for specified purposes. This bill would similarly authorize the State Fire Marshal to assess and collect an annual fee from each hydrogen pipeline operator for the purposes of carrying out the bill. The bill would require those annual fees to be deposited into the Pipeline Operations Account and specified civil penalties provided for by the bill into the Local Training Account. The bill would make the moneys in the accounts available, upon appropriation by the Legislature, to the State Fire Marshal for specified purposes relating to these pipeline regulatory programs. The bill would rename the California Hazardous Liquid Pipeline Safety Fund the California Pipeline Safety Fund. The Elder California Pipeline Safety Act requires that a person who willfully and knowingly violates the act or a regulation issued pursuant to the act be subject to a fine of not more than $25,000, imprisonment, or both, as provided. The act requires a person who willfully and knowingly defaces, damages, removes, or destroys any hazardous liquid pipeline sign or right-of-way marker required by law to be subject to a fine of not more than $5,000, imprisonment, or both, as provided. This bill would require the same penalties described above to be imposed on a person who willfully and knowingly violates a provision of the bill or a regulation issued pursuant to the bill or defaces, damages, removes, or destroys any hydrogen pipeline sign or right-of-way marker required by law. By creating new crimes, the bill would impose a state-mandated local program. The bill would require the Public Utilities Commission to submit to the Legislature a report with recommendations for the appropriate regulatory framework and division of jurisdictional responsibility applicable to certain pipelines carrying blends of hydrogen, as specified. (2) 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.
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 14 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.
(1) The California Integrated Waste Management Act of 1989 generally regulates solid waste disposal, management, and recycling. The act requires each city, county, and regional agency to develop a source reduction and recycling element of an integrated waste management plan. The act requires that element to include a 50% solid waste diversion requirement, as specified, and provides that up to 10% may be achieved through biomass conversion under certain conditions, with biomass conversion defined as the production of heat, fuels, or electricity by certain means from specified materials. One of the conditions for using biomass conversion to satisfy a portion of the solid waste diversion requirement is that pyrolysis not be included in the source reduction and recycling element. Pyrolysis is not defined for that purpose or for other purposes in the act. This bill would define pyrolysis for purposes of the act as the thermal decomposition of material at elevated temperatures in the absence or near absence of oxygen. (2) Existing law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations, as specified, to achieve specified reductions in the organic waste disposed of in landfills. The department's regulations provide for, among other things, the calculation by the department of recovered organic waste product procurement targets for each local jurisdiction and a list of eligible recovered organic waste products for purposes of the procurement targets. This bill would require the department, no later than January 1, 2027, to amend those regulations to include, as a recovered organic waste product attributable to a local jurisdiction's procurement target, pipeline biomethane converted exclusively from organic waste, as specified. This bill would incorporate additional changes to Section 42652.5 of the Public Resources Code proposed by AB 786 to be operative only if this bill and AB 786 are enacted and this bill is enacted last.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including gas corporations. Existing law requires the commission, in consultation with the State Air Resources Board, to consider adopting specific biomethane procurement targets or goals for each gas corporation and core transport agent, as specified. Existing law requires, if the commission adopts specific biomethane procurement targets or goals for each gas corporation and core transport agent, the commission to, among other things, ensure that the biomethane available for any procurement program is either delivered to California through a dedicated pipeline, or through a common carrier pipeline and meets 2 specified requirements related to the injection of the biomethane and specified environmental benefits, as prescribed. This bill would instead require that biomethane delivered to California through a common carrier pipeline meet either of the specified requirements, rather than both. The bill would also add the displacement of conventional natural gas that results in a reduction in greenhouse gas emissions as one of the specified environmental benefits, as specified. Existing law requires the commission to consider options to promote the in-state production and distribution of biomethane, including whether to allow recovery in rates of the costs of investments to (1) facilitate direct investment in the procurement and installation of utility infrastructure necessary to achieve interconnection between the natural gas transmission and distribution pipeline network and biomethane generation and collection equipment and of gathering lines for a dairy cluster biomethane project, (2) provide for the installation of utility infrastructure to achieve interconnection with facilities that generate biomethane, and (3) ensure that these investments for infrastructure are prudent and reasonable and provide a direct benefit to, and are in the interests of, all classes of ratepayers. This bill would require, on or before June 1, 2026, the commission to allow recovery in rates of the costs of those investments. Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be part of the act and because a violation of a commission action implementing its requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
