Powers and Duties Common to Cities and CountiesThe Elder California Pipeline Safety Act of
Section § 51010
This law establishes that the State Fire Marshal is in charge of enforcing safety regulations for hazardous liquid pipelines within California. It allows the State Fire Marshal, via agreement with federal authorities, to also help enforce federal safety laws on pipelines that cross state lines but are located within California, if needed, to maintain federal certification each year.
Section § 51010.5
This section defines key terms related to pipelines in California. It clarifies what types of pipelines are included under this chapter, such as those carrying hazardous liquids intrastate, and outlines several exceptions like interstate pipelines and pipelines in rural areas. It also defines other terms used in the chapter, such as 'flow line,' 'hydrostatic testing,' 'local agency,' 'rural area,' 'gathering line,' and 'production facility.' Additionally, it describes what qualifies as a public drinking water well, GIS mapping system, motor vehicle fuel, and oxygenate.
Section § 51010.6
This law explains that if there's a part of an interstate pipeline within California that the State Fire Marshal and the U.S. Secretary of Transportation have agreed on, it must follow federal safety rules under the Hazardous Liquid Pipeline Safety Act of 1979.
Section § 51011
The State Fire Marshal is responsible for creating safety rules for hazardous liquid pipelines, following federal guidelines. These rules include orders, penalties, and how pipelines should be inspected and maintained. They align with the federal Hazardous Liquid Pipeline Safety Act but are exempt from certain state rule-making procedures, though they must still be filed with the state for public record.
The Fire Marshal can choose not to apply these rules to certain pipelines if they're deemed low-risk in terms of safety and unlikely to cause harm. Any exemptions given must be documented with an explanation of why the exemption was granted.
Section § 51012
This law establishes a Pipeline Safety Advisory Committee through the State Fire Marshal. Its purpose is to keep local agencies and pipeline operators updated on changes in laws and regulations that affect pipeline operations and to review proposed safety regulations for hazardous liquid pipelines.
The committee consists of eight members: two from pipeline operators, three from local agencies, one fire chief, and two public members. It meets at least once a year or when requested by the State Fire Marshal. Members receive $100 per meeting plus expenses.
Section § 51012.4
By July 1, 2000, pipeline operators must submit a detailed plan to the State Fire Marshal for inspecting, maintaining, improving, or replacing certain pipelines, especially older ones or those that can't be inspected regularly due to issues like corrosion. Special focus should be on pipelines that are old, have a history of leaks, are near seismic fault lines, or are in densely populated areas. Before conducting assessments, criteria will be set by the State Fire Marshal, in consultation with the Pipeline Safety Advisory Committee and operators. These assessments can include information on regulatory barriers, but this law doesn't require pipeline replacement.
Section § 51013
All new pipelines built after January 1, 1984, and operating under stable flow and pressure, must follow specific federal design rules, include leak detection, and have protective measures approved by the State Fire Marshal. However, pipelines using gravity or operating under low stress had until January 1, 1991, to meet these rules.
For pipelines constructed after January 1, 1990, they should be ready for internal inspections, have leak and emergency plans, and equipment as required by the State Fire Marshal. Repairs to existing pipelines must not hinder internal inspections.
Replacing valves or parts of pipelines is not subject to these requirements, but replacements should consider future adaptability for inspections as much as possible.
Section § 51013.1
This law mandates that by January 1, 2018, any new or replacement pipelines near sensitive coastal areas in California must use advanced technology to prevent oil spills. By July 1, 2018, operators of existing pipelines must submit plans to retrofit them with the latest leak prevention technologies by 2020. The technology used should be based on a risk assessment and may include leak detection, automatic shutoff systems, or remotely controlled valves.
The State Fire Marshal is tasked with creating regulations by July 1, 2017, that include defining automatic shutoff systems and assessing risk analyses. Pipeline operators must notify the State Fire Marshal about any new construction or retrofits, and they may request confidential treatment for some information. The State Fire Marshal will also determine what technology provides the best protection against spills and will consult with the Office of Spill Prevention and Response about environmental impacts.
Section § 51013.5
This law is about the safety testing of pipelines that carry dangerous liquids. New pipelines, and those that have been relocated or replaced, must follow federal testing guidelines. Pipelines without proper pressure control devices need annual hydrostatic testing. Older pipelines without corrosion protection get tested every three years; with protection, every five years. High-risk older pipelines might require more frequent testing. For liquid loading facilities, certain pipes are tested more often, especially if not easily observed. Some pipelines are classified as higher risk if they've had leaks, and these must be reported to the State Fire Marshal, who maintains a list and sets testing rules accordingly. Other testing methods might be used if approved by the Fire Marshal, but cannot be less frequent than scheduled tests. These measures aim to prevent accidents due to corrosion or defects.
Section § 51014
This law explains the requirements for pressure tests on certain pipelines. It states that the tests should follow federal guidelines but exempts them from an extra four-hour leak test. It allows using a specific type of liquid petroleum for testing if approved in writing by the State Fire Marshal. Additionally, the pressure used in these tests needs to be at least 25% higher than the operating pressure of the pipeline.
Section § 51014.3
If you're operating a pipeline in California, you must inform the State Fire Marshal and the local fire department at least three days before doing a hydrostatic test on the pipeline. This notice has to include details like your contact info, where the pipeline and test equipment are, and when the test will happen. You also need to provide information on what to do if there's a leak, the medium used for the test, and who’s certifying the test results. The State Fire Marshal is allowed to watch these tests if they choose to.
Section § 51014.5
If a pipeline requires hydrostatic testing, the results must be verified by an independent tester approved by the State Fire Marshal. The tester must be chosen from an approved list, and the Fire Marshal can charge a reasonable fee for approving these testers.
The test results need to be sent to the State Fire Marshal within 30 days, including the date of the test, a description and map of the pipeline, test outcomes, and any extra requested details. The State Fire Marshal will review the results but does not oversee the tests.
Section § 51014.6
This law says that only the pipeline operator can make changes within a pipeline easement. From January 1, 1987, no one else is allowed to build or place structures, fences, walls, or anything that would block access to the easement.
You also can't put trees or bushes that block aerial views of the area, but you can plant seasonal crops and restore plants after pipeline construction.
The pipeline operator is allowed to perform necessary work such as construction, repair, or operation within the easement.
Section § 51015
This section mandates that pipeline operators provide local fire departments with maps of their pipelines, details about the substances transported, and an emergency response plan. The State Fire Marshal can require pipeline operators to keep specific records, submit reports, and provide information about the pipeline's design and operations. The State Fire Marshal and authorized personnel have the right to access and copy any relevant records at reasonable times. These records can also be shared with state or federal officials when necessary. Additionally, pipeline operators are required to meet annually with local fire departments to review emergency plans.
Section § 51015.1
Starting January 1, 2017, California requires the State Fire Marshal to inspect all intrastate pipelines annually to ensure they follow the rules. The State Fire Marshal had to set up regulations for this by that date.
As for interstate pipelines, unless the State Fire Marshal gains full authority from the federal government, they won't inspect those.
Additionally, the fee charged for these inspections will be adjusted to cover the costs of this law.
Section § 51015.2
This law focuses on the safety of hazardous liquid pipelines near railways. It highlights that these pipelines can be damaged during train derailments, potentially causing leaks or ruptures.
Therefore, the State Fire Marshal is required to set regulations for pipelines within 500 feet of rail lines. This includes rules for their construction, maintenance, and emergency procedures.
The regulations must cover the depth of pipelines, testing requirements, periodic inspections, safety valve operations, and coordination for emergencies between rail and pipeline operators.
Section § 51015.3
The State Fire Marshal can create temporary emergency rules for handling pipeline emergencies caused by train derailments, to protect public safety. These rules don't apply to pipelines in rural areas. These temporary rules will remain until permanent ones are made, but no later than January 1, 1995.
Section § 51015.4
This law requires operators of pipeline systems to keep all necessary valves and check valves in good working condition for safety. Operators must also protect these valves from unauthorized use and vandalism. The State Fire Marshal is responsible for setting up regulations by June 30, 1991, on how to maintain, test, and inspect these valves for pipelines that transport hazardous liquids within the state.
Section § 51015.05
The State Fire Marshal is responsible for creating and maintaining a database about certain intrastate pipelines. These include pipelines used for transporting crude oil and petroleum in rural areas.
The database will hold details such as pipeline locations, ownership, age, and inspection history. This information must be regularly updated and made accessible to the public and relevant agencies.
Government agencies overseeing these pipelines are required to report relevant data to the State Fire Marshal. Additionally, the Marshal must study the safety and condition of these pipelines and look into incentives for pipeline upgrades, considering regulatory and policy challenges.
Section § 51015.5
If there's a pipeline incident in California, like a leak or rupture, anyone planning nonemergency work like cleanup or repairs must first get approval from the State Fire Marshal. If a pipeline operator submits a repair plan that meets the Fire Marshal's standards, that counts as prior approval for repairs. Additionally, the State Fire Marshal can create rules to enforce these requirements.
Section § 51015.6
This statute required the State Fire Marshal to submit an annual report to the California Legislature by January 31 each year, starting in 2017 and ending in 2021. The report had to include details on several things: the number of annual inspections performed, the status of automatic shutoff systems on pipelines, including their types and coverage, and updates on specific pipelines in Santa Barbara County. It was important that the report was prepared according to certain legislative compliance rules.
Section § 51016
This law requires the State Fire Marshal to examine how valves are spaced on pipelines to prevent excessive spills near cities and sensitive environments. If they find current valves aren't enough to protect these areas, they can enforce new rules to add more valves to existing pipelines. They can also implement new valve guidelines to safeguard public areas and environmental resources on both new and replacement pipelines as they see fit.
Section § 51017
This law requires the State Fire Marshal to create a detailed database about pipelines in California. The database will include pipeline locations, ages, leak reports, and inspection records. It should also have mapping abilities across the state and be compatible with federal pipeline mapping standards and the state's GIS requirements.
Section § 51017.1
This law section outlines the responsibilities of the State Fire Marshal in California to identify and manage pipelines that transport petroleum products close to public drinking water wells. Every two years, the State Fire Marshal must identify pipelines within 1,000 feet of these wells using geographic information systems (GIS). Once identified, pipeline operators are notified and required to develop a wellhead protection plan to protect the water supply.
The Fire Marshal, with input from various water and health agencies, reviews these plans. Approved plans must be implemented within 180 days. Operators have to reevaluate their plans every five years to ensure compliance. They can also apply for exemptions if their pipelines pose no significant threat to the water supply, considering factors like the pipeline's physical state and nearby geological conditions.
Section § 51017.2
This law requires the State Fire Marshal to create regulations for wellhead protection plans to prevent pollution of public drinking water caused by pipeline leaks or ruptures. The plans must include practical steps to keep pipelines safe and measures for effective emergency responses. These steps could involve smart inspection tools, excavation, and regular safety surveys. Moreover, the law mandates that every five years, these regulations must be reviewed and updated with new, proven measures to ensure they remain effective and based on the latest technology.
Section § 51018
If a pipeline has a rupture, explosion, or fire, the pipeline operator must report it immediately to relevant fire departments and the Office of Emergency Services. This includes pipelines under testing and those usually exempt from certain rules.
The Office of Emergency Services must then inform the State Fire Marshal, who will go to the site and offer technical guidance to manage the hazard. This is intended to support, not disrupt, existing incident management while acknowledging the expertise of the pipeline operators and local emergency personnel.
A 'rupture' means any unintentional liquid leak, but doesn't include small leaks under five barrels that don't cause fire, explosions, harm, or waterway pollution. This law does not override other federal or state reporting rules, and any report made under this law can fulfill other immediate notification requirements. This law doesn't apply to certain small crude oil spills unless they involve fire or explosion.
Section § 51018.6
This law section outlines the rules and processes for enforcing regulations related to hazardous liquid pipeline safety in California. The State Fire Marshal must set up guidelines for handling violations, including notifying violators, holding hearings, and deciding on penalties. If someone breaks these rules, they can be fined, with the amount determined by considering various factors like the severity of the violation and the offender's history. The Attorney General can collect these fines, or the State Fire Marshal might agree to reduce fines under certain conditions. All fines go into a special fund to train local fire departments in handling hazardous liquid fires.
Section § 51018.7
In California, if someone knowingly breaks any rules in this chapter or related regulations, they can face a fine up to $25,000, up to a year in county jail, or both, for each violation. This means taking the rules seriously is important.
Also, if a person knowingly messes with, damages, or removes pipeline signs or markers required by law, they can get fined up to $5,000, jailed for up to a year, or both, for each offense.
Section § 51018.8
The State Fire Marshal has the authority to issue orders to ensure people follow this chapter and any related regulations. The orders must clearly state what the person needs to do to comply.
Section § 51019
The State Fire Marshal is allowed to charge pipeline operators an annual fee to cover the costs of their regulatory duties. This fee is to be paid by the pipeline operator when billed. If the fee isn't paid within 60 days, a 10% late fee and 15% interest per year will apply. The fee should not be more than the actual or expected expenses for the Marshal’s duties.
Section § 51019.1
This law establishes the California Hazardous Liquid Pipeline Safety Fund, divided into two parts: the Local Training Account and the Pipeline Operations Account. Fees collected under specific sections are placed in the Pipeline Operations Account and can be used by the State Fire Marshal, but only after the Legislature approves the use of these funds. The money is intended to support the activities outlined in this chapter.
Section § 51019.05
This law allows the State Fire Marshal to charge pipeline operators an annual fee if they have part of their pipeline situated in California. This fee helps cover future expenses related to certain duties of the State Fire Marshal. The operators must pay the fee when billed. If payment isn't made within 60 days, a penalty of 10% plus interest is added to the fee. The total fees collected can't exceed the actual or estimated expenses of the State Fire Marshal's responsibilities.