SECTIONS 51010-51019.1 - California Statutes

GOVERNMENT CODE

SECTION 51010-51019.1

51010. 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 hazardous liquid
pipelines and, to the extent authorized by agreement between the
State Fire Marshal and the United States Secretary of Transportation,
and may act as agent for the United State Secretary of
Transportation to implement the federal Hazardous Liquid Pipeline
Safety Act (49 U.S.C. Sec. 2001 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.

51010.5. As used in this chapter, the following definitions apply:
(a) "Pipeline" includes every intrastate pipeline used for the
transportation of hazardous liquid substances or highly volatile
liquid substances, including a common carrier pipeline, and all
piping containing those substances located within a refined products
bulk loading facility which 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 such facilities in the
state. "Pipeline" does not include the following:
(1) An interstate pipeline subject to Part 195 of Title 49 of the
Code of Federal Regulations.
(2) A pipeline for the transportation of a hazardous liquid
substance in a gaseous state.
(3) A pipeline for the transportation of crude oil that operates
by gravity or at a stress level of 20 percent or less of the
specified minimum yield strength of the pipe.
(4) Transportation of petroleum in onshore gathering lines located
in rural areas.
(5) 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.
(6) Transportation of a hazardous liquid by a flow line.
(7) 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.
(8) 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.
(b) "Flow line" means a pipeline which transports hazardous liquid
substances from the well head to a treating facility or production
storage facility.
(c) "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.
(d) "Local agency" means a city, county, or fire protection
district.
(e) "Rural area" means a location which 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.
(f) "Gathering line" means a pipeline eight inches or less in
nominal diameter that transports petroleum from a production
facility.
(g) "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.)
(h) "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 Health Services and that is subject to Section 116455
of the Health and Safety Code.
(i) "GIS mapping system" means a geographical information system
that will collect, store, retrieve, analyze, and display
environmental geographical data in a data base that is accessible to
the public.
(j) "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,
which is used or is usable for propelling motor vehicles operated by
the explosion type engine. It does not include kerosene, liquefied
petroleum gas, or natural gas in liquid or gaseous form.
(k) "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.

51010.6. Notwithstanding Section 51010.5, that portion of an
interstate pipeline which is located within this state and is subject
to an agreement between the United States Secretary of
Transportation and the State Fire Marshal is subject to the federal
Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 2001 et
seq.), the Pipeline Safety Reauthorization Act of 1988 (Pub. L.
100-561), and federal pipeline safety regulations.

51011. The State Fire Marshal shall adopt hazardous liquid pipeline
safety regulations in compliance with the federal law relating to
hazardous liquid pipeline safety, including, but not limited to,
compliance orders, penalties, and inspection and maintenance
provisions, and including amendments to those laws and regulations
which may be hereafter enacted and adopted. Regulations adopting the
minimum standards for hazardous liquid pipelines contained in the
Federal Hazardous Liquid Pipeline Safety Act, 49 U.S.C. Sec. 2001 et
seq., and Title 49 of the Code of Federal Regulations, by the State
Fire Marshal are exempt from the procedures specified in Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code, except that those regulations
shall be submitted to the Office of Administrative Law for filing
with the Secretary of State and publication in the California Code of
Regulations.
The State Fire Marshal may exempt the application of regulations
adopted pursuant to this section 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.
Notification of exemptions shall be written, and shall include a
discussion of those factors which the State Fire Marshal considers
significant to the granting of the exemption.

51012. The State Fire Marshal shall establish a Pipeline Safety
Advisory Committee for purposes of informing local agencies and every
pipeline operator of changes in applicable laws and regulations
affecting the operations of pipelines and reviewing proposed
hazardous liquid pipeline safety regulations adopted pursuant to
Section 51011.
The committee shall be composed of eight members of whom two shall
represent pipeline operators, three shall represent local agencies,
one shall be a fire chief, and two shall be public members. The
committee shall meet when requested by the State Fire Marshal, but
not less than once a year. The members shall be paid expenses and one
hundred dollars ($100) per diem for each meeting.

51012.3. (a) Every operator of a pipeline shall conform the
pipeline to the federal regulations in Subparts A to F, inclusive, of
Part 195 of Title 49 of the Code of Federal Regulations, as those
regulations may be hereafter amended, in accordance with the
following schedule:
(1) On or before July 1, 1984, the pipeline operator shall meet
the requirements of subsection (c) of Section 195.401 of Title 49 of
the Code of Federal Regulations, but those requirements shall apply
only to a pipeline constructed after January 1, 1984, and shall not
apply until January 1, 1991, to a pipeline which transports by
gravity or which operates at a stress level of 20 percent or less of
the specified minimum yield strength of the pipe.
(2) On or before January 1, 1985, the pipeline operator shall meet
the requirements of Section 195.402 of Title 49 of the Code of
Federal Regulations. Operators of intrastate pipelines subject to
federal regulation under Amendment 195-33 to Part 195 of Title 49 of
the Code of Federal Regulations issued April 17, 1985, (effective
date, October 21, 1985--50 F.R. 15895 et seq.), shall meet the
requirements of Section 195.402 of Title 49 of the Code of Federal
Regulations on or before April 23, 1987.
(3) The pipeline operator shall meet the cathodic protection
requirements of subdivision (a) of Section 195.414 of Title 49 of the
Code of Federal Regulations as follows:
(A) On or before October 21, 1986, 25 percent of the required
cathodic protection shall be installed.
(B) On or before October 21, 1987, 50 percent of the required
cathodic protection shall be installed.
(C) On or before October 19, 1988, all required cathodic
protection shall be installed, except as provided in paragraph (D).
(D) On or before January 1, 1991, all required cathodic protection
shall be installed on pipelines which transport by gravity or
operate at a stress level of 20 percent or less of the specified
minimum yield strength of the pipe.
(4) Operators of intrastate pipelines subject to federal
regulation under Amendment 195-33 of Part 195 of Title 49 of the Code
of Federal Regulations issued April 17, 1985, (effective date,
October 21, 1985--50 F.R. 15895 et seq.), shall meet the requirements
of Section 195.414 (a), (b), and (c) of Title 49 of the Code of
Federal Regulations.
(b) For purposes of applying the federal regulations of Part 195
of Title 49 of the Code of Federal Regulations, the word "Secretary,"
when it appears in the federal regulations, means the "State Fire
Marshal."

51012.4. (a) Notwithstanding any other provision of this chapter,
including, but not limited to, Section 51012.3, each pipeline
operator shall file with the State Fire Marshal, on or before July 1,
2000, an inspection, maintenance, improvement, or replacement
assessment for the following:
(1) Any pipeline or pipeline segments built before January 1,
1960.
(2) Any pipeline installed on or after January 1, 1960, for which
regular internal inspections cannot be conducted, or which shows
diminished integrity due to corrosion or inadequate cathodic
protection.
(b) When preparing any assessment required by subdivision (a), the
operator shall give priority to older pipelines located in densely
populated areas, pipelines with a high-leak history, pipelines
located near existing seismic fault lines, or, pipelines in areas
with identified ground formations.
(c) On or before January 1, 1998, the State Fire Marshal, in
consultation with the Pipeline Safety Advisory Committee and pipeline
operators, shall establish evaluation criteria for use by a pipeline
operator when conducting any assessment required by subdivision (a).
(d) A pipeline inspection, maintenance, improvement, or
replacement assessment developed pursuant to this section may
incorporate any information on regulatory requirements or existing
public policies that could act as barriers to the inspection,
maintenance, improvement, or replacement of pipelines, including, but
not limited to, findings from the studies required pursuant to
Section 51015.05.
(e) Nothing in this section is intended to require the replacement
of a pipeline.

51013. (a) Any new pipeline constructed after January 1, 1984, and
which normally operates under conditions of constant flow and
pressure, shall be designed and constructed in accordance with
Subparts C and D of Part 195 of Title 49 of the Code of Federal
Regulations, and shall include a means of leak detection and cathodic
protection which the State Fire Marshal determines is acceptable,
except that any pipeline which transports by gravity or operates at a
stress level of 20 percent or less of the specified minimum yield
strength of the pipe shall meet these design and construction
requirements on or before January 1, 1991.
(b) Any new pipeline on which construction begins after January 1,
1990, shall be designed to accommodate the passage of instrumented
internal inspection devices, and shall have leak mitigation and
emergency response plans and equipment as the State Fire Marshal may
require. Any repairs to existing pipelines which can accommodate
instrumented internal inspection devices shall be done in a manner
not to interfere with the passage of these devices.
(c) Subdivision (a) does not apply to the replacement of valves
and the relocation or replacement of portions of pipelines.
(d) For pipelines which cannot accommodate internal inspection
devices, replacements of portions of the pipe shall be done in a
manner consistent, to the extent practicable, with the eventual
accommodation of instrumented internal inspection devices.

51013.5. (a) Every newly constructed pipeline, existing pipeline,
or part of a pipeline system that has been relocated or replaced, and
every pipeline that transports a hazardous liquid substance or
highly volatile liquid substance, shall be tested in accordance with
Subpart E (commencing with Section 195.300) of Part 195 of Title 49
of the Code of Federal Regulations.
(b) Every pipeline not provided with properly sized automatic
pressure relief devices or properly designed pressure limiting
devices shall be hydrostatically tested annually.
(c) Every pipeline over 10 years of age and not provided with
effective cathodic protection shall be hydrostatically tested every
three years, except for those on the State Fire Marshal's list of
higher risk pipelines, which shall be hydrostatically tested
annually.
(d) Every pipeline over 10 years of age and provided with
effective cathodic protection shall be hydrostatically tested every
five years, except for those on the State Fire Marshal's list of
higher risk pipelines which shall be hydrostatically tested every two
years.
(e) Piping within a refined products bulk loading facility served
by pipeline shall be tested hydrostatically at 125 percent of maximum
allowable operating pressure utilizing the product ordinarily
transported in that piping if that piping is operated at a stress
level of 20 percent or less of the specified minimum yield strength
of the pipe. The frequency for pressure testing these pipelines shall
be every five years for those pipelines with effective cathodic
protection and every three years for those pipelines without
effective cathodic protection. If that piping is observable, visual
inspection may be the method of testing.
(f) Beginning on July 1, 1990, and continuing until the
regulations adopted by the State Fire Marshal pursuant to subdivision
(g) take effect, each pipeline within the State Fire Marshal's
jurisdiction which satisfies any of the following sets of criteria
shall be placed on the State Fire Marshal's list of higher risk
pipelines until five years pass without a reportable leak due to
corrosion or defect on that pipeline. Initially, pipelines on that
list shall be tested by the next scheduled test date, or within two
years of being placed on the list, whichever is first. On July 1,
1990, pipeline operators shall provide the State Fire Marshal with a
list of all their pipelines which satisfy the criteria in this
subdivision as of July 1, 1990. If any pipeline becomes eligible for
the list of higher risk pipelines after that date, the pipeline
company shall report that fact to the State Fire Marshal within 30
days, and the pipeline shall be placed on the list retroactively to
the date on which it became eligible for listing. Pipelines which are
found to belong on the list, but are not so reported by the operator
to the State Fire Marshal, shall be placed on the list
retroactively. Operators failing to properly report their pipelines
shall be subject to penalties under Section 51018.6. Pipelines not
covered under the risk criteria developed pursuant to subdivision (g)
shall be deleted from the list when regulations are adopted pursuant
to that subdivision. For purposes of this subdivision, a leak which
is traceable to an external force, but for which corrosion is partly
responsible, shall be deemed caused by corrosion, "defect" refers to
manufacturing or construction defects, and "leak" or "reportable leak"
means a rupture required to be reported pursuant to Section 51018.
As long as all pipelines are tested in their entirety at least as
frequently as standard risk pipelines under subdivisions (c) and (d),
it shall suffice for additional tests on higher risk pipelines to
cover 20 pipeline miles in all directions along an operator's
pipeline from the position of the leak or leaks which led to the
inclusion or retention of that pipeline on the higher risk list. The
interim list shall include pipelines which meet any of the following
criteria:
(1) Have suffered two or more reportable leaks, not including
leaks during a certified hydrostatic pressure test, due to corrosion
or defect in the prior three years.
(2) Have suffered three or more reportable leaks, not including
leaks during a certified hydrostatic pressure test, due to corrosion,
defects, or external forces, but not all due to external forces, in
the prior three years.
(3) Have suffered a reportable leak, except during a certified
hydrostatic pressure test, due to corrosion or defect of more than
50,000 gallons, or 10,000 gallons in a standard metropolitan
statistical area, in the prior three years; or have suffered a leak
due to corrosion or defect which the State Fire Marshal finds has
resulted in more than 42 gallons of a hazardous liquid within the
State Fire Marshal's jurisdiction entering a waterway in the prior
three years; or have suffered a reportable leak of a hazardous liquid
with a flashpoint of less than 140 degrees Fahrenheit, or 60 degrees
centigrade, in the prior three years.
(4) Are less than 50 miles long, and have experienced a reportable
leak, except during a certified hydrostatic pressure test, due to
corrosion or a defect in the prior three years. For the purposes of
this paragraph, the length of a pipeline with more than two termini
shall be the longest distance between two termini along the pipeline.
(5) Have experienced a reportable leak in the prior five years due
to corrosion or defect, except during a certified hydrostatic
pressure test, on a section of pipe more than 50 years old. For
pipelines which fall in this category, and no other category of
higher risk pipeline, additional tests required by this subdivision
shall be required only on segments of the pipe more than 50 years old
as long as all pipe more than 50 years old which is within 20
pipeline miles from the leak in all directions along an operator's
pipeline is tested.
(g) The State Fire Marshal shall study indicators and precursors
of serious pipeline accidents, and, in consultation with the Pipeline
Safety Advisory Committee, shall develop criteria for identifying
which hazardous liquid pipelines pose the greatest risk to people and
the environment due to the likelihood of, and likely seriousness of,
an accident due to corrosion or defect. The study shall give due
consideration to research done by the industry, the federal
government, academia, and to any other information which the State
Fire Marshal shall deem relevant, including, but not limited to,
recent leak history, pipeline location, and materials transported.
Beginning January 1, 1992, using the criteria identified in that
study, the State Fire Marshal shall maintain a list of higher risk
pipelines, which exceed a standard of risk to be determined by the
State Fire Marshal, and which shall be tested as required in
subdivisions (c) and (d) as long as they remain on the list. By
January 1, 1992, after public hearings, the State Fire Marshal shall
adopt regulations to implement this subdivision.
(h) In addition to the requirements of subdivisions (a) to (e),
inclusive, the State Fire Marshal may require any pipeline subject to
this chapter to be subjected to a pressure test, or any other test
or inspection, at any time, in the interest of public safety.
(i) Test methods other than the hydrostatic tests required by
subdivisions (b), (c), (d), and (e), including inspection by
instrumented internal inspection devices, may be approved by the
State Fire Marshal on an individual basis. If the State Fire Marshal
approves an alternative to a pressure test in an individual case, the
State Fire Marshal may require that the alternative test be given
more frequently than the testing frequencies specified in
subdivisions (b), (c), (d), and (e).
(j) The State Fire Marshal shall adopt regulations before January
1, 1992, to establish what the State Fire Marshal deems to be an
appropriate frequency for tests and inspections, including
instrumented internal inspections, which, when permitted as a
substitute for tests required under subdivisions (b), (c), and (d),
do not damage pipelines or require them to be shut down for the
testing period. That testing shall in no event be less frequent than
is required by subdivisions (b), (c), and (d). Each time one of these
tests is required on a pipeline, it shall be approved on the same
individual basis as under subdivision (i). If it is not approved, a
hydrostatic test shall be carried out at the time the alternative
test would have been carried out, and subsequent tests shall be
carried out in accordance with the time intervals prescribed by
subdivision (b), (c), or (d), as applicable.

51014. (a) The pressure tests required by subdivisions (b), (c),
and (d) of Section 51013.5 shall be conducted in accordance with
Subpart E (commencing with Section 195.300) of Part 195 of Title 49
of the Code of Federal Regulations, except that an additional
four-hour leak test, as specified in subsection (c) of Section
195.302 of Title 49 of the Code of Federal Regulations, shall not be
required under subdivisions (b), (c), and (d) of Section 51013.5. The
State Fire Marshal may authorize the use of liquid petroleum having
a flashpoint over 140 degrees Fahrenheit or 60 degrees Centigrade as
the test medium. The State Fire Marshal shall make these
authorizations in writing. Pressure tests performed under
subdivisions (b), (c), and (d) of Section 51013.5 shall not show an
hourly change for each section of the pipeline under test at the time
in excess of either 10 gallons or the sum of one gallon and an
amount computed at a rate in gallons per mile equivalent to one-tenth
of the nominal internal diameter of the pipe in inches.
(b) Test pressure shall be at least 125 percent of the actual
pipeline operating pressure.

51014.3. (a) Each pipeline operator shall notify the State Fire
Marshal and the local fire department having fire suppression
responsibilities at least three working days prior to conducting a
hydrostatic test which is required by this chapter. The notification
shall include all of the following information:
(1) The name, address, and telephone number of the pipeline
operator.
(2) The specific location of the pipeline section to be tested and
the location of the test equipment.
(3) The date and time the test is to be conducted.
(4) An invitation and a telephone number for local fire
departments to call for further information on what they should do in
the event of a leak during testing.
(5) The test medium.
(6) The name and telephone number of the independent testing firm
or person responsible for certification of the test results.
(b) The State Fire Marshal may observe tests conducted pursuant to
this chapter.

51014.5. (a) When hydrostatic testing is required by Section
51013.5, the test results shall be certified by an independent
testing firm or person who is selected from a list, provided by the
State Fire Marshal, of independent testing firms or persons approved
annually by the State Fire Marshal. The State Fire Marshal may charge
a fee for consideration and approval of an independent testing firm
or person pursuant to this subdivision, not to exceed the reasonable
costs of that consideration and approval.
(b) The results of the tests required by Section 51013.5 shall be
submitted by the independent testing firm or person within 30 days
after completion of the test to the State Fire Marshal, who may
review the results. The report shall show all of the following
information:
(1) The date of the test.
(2) A description of the pipeline tested including a map of
suitable scale showing the route of the pipeline.
(3) The results of the test.
(4) Any other test information that may be specifically requested
by the State Fire Marshal.
(c) The State Fire Marshal shall not supervise, control, or
otherwise direct the testing.

51014.6. (a) Effective January 1, 1987, no person, other than the
pipeline operator, shall do any of the following with respect to any
pipeline easement:
(1) Build, erect, or create a structure or improvement within the
pipeline easement or permit the building, erection, or creation
thereof.
(2) Build, erect, or create a structure, fence, wall, or
obstruction adjacent to any pipeline easement which would prevent
complete and unimpaired surface access to the easement, or permit the
building, erection, or creation thereof.
(b) No shrubbery or shielding shall be installed on the pipeline
easement which would impair aerial observation of the pipeline
easement. This subdivision does not prevent the revegetation of any
landscape disturbed within a pipeline easement as a result of
constructing the pipeline and does not prevent the holder of the
underlying fee interest or the holder's tenant from planting and
harvesting seasonal agricultural crops on a pipeline easement.
(c) This section does not prohibit a pipeline operator from
performing any necessary activities within a pipeline easement,
including, but not limited to, the construction, replacement,
relocation, repair, or operation of the pipeline.

51015. (a) Every pipeline operator shall provide to the fire
department having fire suppression responsibilities a map or suitable
diagram showing the location of the pipeline, a description of all
products transported within the pipeline, and a contingency plan for
pipeline emergencies which shall include, but not be limited to any
reasonable information which the State Fire Marshal may require.
(b) A pipeline operator shall make available to the State Fire
Marshal, or any officers or employees authorized by the State Fire
Marshal, upon presentation of appropriate credentials, any records,
maps, and written procedures that are required, by this chapter, to
be kept by the pipeline operator and which concern accident
reporting, design, construction, testing, or operation and
maintenance.
The State Fire Marshal, or any officer or employee authorized by
the State Fire Marshal, may enter, inspect, and examine, at
reasonable times and in a reasonable manner, the records and
properties of any pipeline operators that are required to be
inspected and examined to determine whether the pipeline operator is
in compliance with this chapter.
(c) Every pipeline operator shall offer to meet with the local
fire department having fire suppression responsibilities at least
once each calendar year to discuss and review contingency plans for
pipeline emergencies.

51015.05. (a) The State Fire Marshal shall establish and maintain a
centralized database containing information and data regarding the
following intrastate pipelines:
(1) Pipelines, as defined in paragraph (3) of subdivision (a) of
Section 51010.5, used for the transportation of crude oil that
operate by gravity or at a stress level of 20 percent or less of the
specified minimum yield strength of the pipe.
(2) Pipelines, as defined in paragraph (4) of subdivision (a) of
Section 51010.5, used for the transportation of petroleum in onshore
gathering lines located in rural areas.
(b) The database shall include, but is not limited to, an
inventory of the pipelines described in subdivision (a), including
pipeline locations, ownership, ages, and inspection histories, that
are in the possession of the owner or operator of the oil field or
other gas facility.
(c) The State Fire Marshal shall regularly update the database and
shall make the information in the database available to the public,
and to all local, state, and federal agencies.
(d) Any state or local governmental agency that regulates,
supervises, or exerts authority over any pipeline described in
subdivision (a) shall report any information or data specified in
subdivision (b) in its possession to the State Fire Marshal. That
information shall be submitted to the State Fire Marshal in a
computer compatible format.
(e) The State Fire Marshal shall conduct a study of the fitness
and safety of all pipelines described in subdivision (a), and
investigate incentive options that would encourage pipeline
replacement or improvements, including, but not limited to, a review
of existing regulatory, permit, and environmental impact report
requirements and other existing public policies, as may be identified
by the Pipeline Safety Advisory Committee and adopted by the State
Fire Marshal, that could act as barriers to the replacement or
improvement of those pipelines.
(f) The costs of this section shall be funded from federal block
grant funds. This section shall become operative only upon receipt of
these federal block grant funds as determined by the State Fire
Marshal. Upon receipt of these funds the State Fire Marshal shall
provide written notice to both houses of the Legislature for
publication in their respective journals.

51015.2. (a) The Legislature recognizes that hazardous liquid
pipelines are often located alongside and in the immediate proximity
of rail lines. In the event of a derailment, these pipelines may be
damaged in such a fashion that their integrity is lost, making a
rupture or leak more likely.
(b) In an effort to better protect public safety, the State Fire
Marshal shall adopt regulations governing the construction, testing,
operations, periodic inspection, and emergency operations of
intrastate hazardous liquid pipelines located within 500 feet of any
rail line. These regulations shall, at a minimum, include provisions
dealing with the following:
(1) Minimum depth of cover for newly constructed or reconstructed
pipelines.
(2) Minimum hydrostatic testing requirements for newly constructed
pipelines.
(3) Minimum requirements for testing existing pipelines which may
have been affected by a derailment.
(4) Minimum requirements for periodic inspections.
(5) Minimum requirements for installation and operation of safety
or check valves.
(6) Procedures for developing, testing, approving, and
implementing coordinated emergency contingency plans prepared by
pipeline and rail operators. These procedures shall also provide for
consultation with local affected agencies, and require pipeline and
rail operations to develop and implement emergency training for their
employees approved by the State Fire Marshal.

51015.3. The State Fire Marshal may, in the interest of public
safety, adopt emergency regulations which govern intrastate pipeline
emergencies involving railroad car derailments. Any hazardous liquid
pipeline located in a rural area shall be exempt from these
regulations. Notwithstanding any other provision of law, these
emergency regulations shall remain in effect until permanent
regulations provided for in Section 51015.2 are adopted, but in no
case beyond January 1, 1995.

51015.4. (a) Each operator shall, as specified in regulations
provided for in subdivision (c), maintain each valve and check valve
that is necessary for the safe operation of its pipeline systems in
good working order at all times.
(b) Each operator shall provide protection for each valve and
check valve from unauthorized operation and from vandalism.
(c) The State Fire Marshal shall adopt regulations, not later than
June 30, 1991, which establish procedures for maintaining, testing,
and inspecting mainline valves and check valves on intrastate
hazardous liquid pipelines.

51015.5. (a) In the event of an intrastate pipeline rupture, leak,
or other incident which could affect safe pipeline operation, any
person who performs or intends to perform nonemergency site cleanup,
repair, reconstruction, or any other alteration shall obtain prior
approval from the State Fire Marshal.
(b) Approval by the State Fire Marshal of a repair plan,
submitted by a pipeline operator in conformance with contingency plan
requirements established by the State Fire Marshal, shall constitute
prior approval to perform repairs as specified in subdivision (a).
(c) The State Fire Marshal may adopt regulations to implement
subdivisions (a) and (b).

51016. The State Fire Marshal shall study the spacing of valves
which would limit spillage into standard metropolitan statistical
areas and environmentally sensitive areas from surrounding higher
ground. If any existing pipeline system's valve spacing is deemed
insufficient to protect California's uniquely situated population
centers and environmental resources, the State Fire Marshal shall
adopt regulations to require the addition of valves on existing
pipelines. If the study indicates that guidelines for valve spacing
do not, in the State Fire Marshal's opinion, adequately protect these
population centers and environmental resources, the State Fire
Marshal may adopt regulations to require new valves on new, existing,
or replacement pipelines as necessary to protect the public
interest.

51017. (a) The State Fire Marshal shall develop a comprehensive
data base of pipeline information that can be utilized for emergency
response and program operational purposes. The data base shall
include information on pipeline location, age, reported leak
incidences, and inspection history, and shall have the capability of
mapping pipeline locations throughout the state. The data collection
format shall be compatible with any pipeline mapping project
implemented by the United States Department of Transportation's
Office of Pipeline Safety and shall be compatible with GIS mapping
and data management required by Article 12 (commencing with Section
25299.97) of Chapter 6.75 of Division 20 of the Health and Safety
Code.
(b) The sum of four hundred sixty-nine thousand dollars ($469,000)
is hereby appropriated from the California Hazardous Liquid Pipeline
Safety Fund to the State Fire Marshal for the purposes of
subdivision (a).

51017.1. (a) Utilizing GIS-based location information furnished by
the State Department of Health Services and the State Water Resources
Control Board, at least once every two years the State Fire Marshal
shall determine the identity of each pipeline or pipeline segment
that is regulated by the State Fire Marshal pursuant to this chapter
that transports petroleum product when that pipeline is located
within 1,000 feet of a public drinking water well.
(b) With assistance from the State Department of Health Services
and the State Water Resources Control Board, the State Fire Marshal
shall notify the operator of the pipelines identified in subdivision
(a) of the following information:
(1) That the specific pipeline or pipeline segment has been
identified as being located within 1,000 feet of a public drinking
water well.
(2) The name of the water purveyor and the location of the public
drinking water well affected. With advice from the GIS mapping
advisory committee, created pursuant to subdivision (b) of Section
25299.97 of the Health and Safety Code, the identification of the
pipelines and notification of pipeline owners by the State Fire
Marshal pursuant to subdivision (a) and this subdivision shall begin
once the GIS mapping system created by Section 25299.97 of the Health
and Safety Code is able to provide accurate and useful information
on pipeline and wellhead locations.
(c) Each pipeline operator notified pursuant to subdivision (b)
shall prepare a pipeline wellhead protection plan as required by
Section 51017.2 and submit the plan to the State Fire Marshal within
180 days from the date of either receiving the notification specified
in subdivision (b), or adoption of regulations by the State Fire
Marshal pursuant to Section 51017.2, whichever is later.
(d) With the advice of the State Department of Health Services,
the State Water Resources Control Board, appropriate California
regional water quality control boards, and local water purveyors, the
State Fire Marshal shall review each wellhead protection plan
submitted by a pipeline operator, and approve those plans that meet
the criteria of the regulations adopted by the State Fire Marshal
pursuant to Section 51017.2. The State Fire Marshal shall have
discretion to allow a wellhead protection plan to address multiple
wellheads where the conditions creating the risk to the wellheads are
substantially similar. The pipeline operator shall implement the
wellhead protection plan within 180 days from the date of receiving
approval from the State Fire Marshal.
(e) Each pipeline operator having a wellhead protection plan
approved by the State Fire Marshal pursuant to subdivision (d) shall
evaluate that plan at least once every five years to ensure that the
plan is in compliance with the current regulations established by the
State Fire Marshal pursuant to Section 51017.2. The pipeline
operator shall provide either written documentation to the State Fire
Marshal that the previously approved wellhead protection plan has
been evaluated and that no changes are warranted, or submit a new
wellhead protection plan to remain in compliance with existing
regulations or to meet the requirements of regulations adopted since
the plan was approved.
(f) The pipeline operator subject to subdivision (c) may petition
the State Fire Marshal in writing for an exemption from the
requirements of subdivision (c). With advice from the State Water
Resources Control Board, the State Department of Health Services, the
California regional water quality control boards, and local water
purveyors, the State Fire Marshal may approve the exemption if the
petition demonstrates that the pipeline either does not transport
motor vehicle fuel, or does not pose a significant threat to the
public drinking water well based upon, but not limited to, the
following criteria:
(1) Pipeline parameters, such as operation pressure, operating
temperature, age, design, fabrication materials, construction,
corrosive nature of the surrounding soil, cathodic protection, and
feasibility of internal inspection or evaluation tools (smart pigs).
(2) Hydrogeologic parameters, such as soil permeability, direction
and velocity of groundwater flow, aquifer location or depth, and
hydrogeologic barriers or conduits.
(3) Water well parameters, such as depth of well and well
construction.
(4) The nature of the fuel and its ability to migrate to public
drinking water wells.
(5) The impact of human activity that may elevate or reduce the
risk to the drinking water well.

51017.2. (a) With advice from the Pipeline Safety Advisory
Committee, the State Water Resources Control Board, the California
regional water quality control boards, and local water purveyors, the
State Fire Marshal shall adopt regulations for wellhead protection
plans that provide guidelines to be used by the pipeline operator as
specified in Section 51017.1 to protect the public drinking water
well from contamination should a pipeline rupture or leak pose a
significant threat to a public drinking water well, taking into
account the nature of the fuel and its ability to migrate to a public
drinking water well. The regulations adopted by the State Fire
Marshal shall require each plan to contain adequate and effective
measures that are technologically feasible, practical, and
operationally sound that protect public drinking water wells. At a
minimum, the wellhead protection plan shall contain the following:
(1) Operational activities that provide the pipeline operator with
sufficient information to adequately ensure the integrity of the
pipeline. These may include internal inspection or evaluation tools
(smart pigs), substructure excavation (potholing), well monitoring,
additional or more frequent pressure tests, cathodic protection
surveys or visual inspections, or other technologies as appropriate.
(2) Response measures that will enhance the pipeline operator's
response to an emergency, such as a pipeline rupture, fire,
earthquake, or flood. These measures may include activities, such as
additional training for operator staff or improved coordination with
emergency response agencies.
(b) At least once every five years, the State Fire Marshal, with
the advice of the Pipeline Safety Advisory Committee, the State Water
Resources Control Board, the California regional water quality
control boards, and local water purveyors, shall review the
regulations adopted pursuant to subdivision (a) to determine if new
measures that have been proven to be technologically feasible,
practical, and operationally sound should be included in the
regulations. The State Fire Marshal shall adopt new regulations if
such new measures are identified.

51018. (a) Every rupture, explosion, or fire involving a pipeline,
including a pipeline system otherwise exempted by subdivision (a) of
Section 51010.5, and including a pipeline undergoing testing, shall
be immediately reported by the pipeline operator to the fire
department having fire suppression responsibilities and to the
California Emergency Management Agency. In addition, the pipeline
operator shall, within 30 days of the rupture, explosion, or fire,
file a report with the State Fire Marshal containing all the
information that the State Fire Marshal may reasonably require to
prepare the report required pursuant to subdivision (d).
(b) (1) The California Emergency Management Agency shall
immediately notify the State Fire Marshal of the incident, who shall
immediately dispatch his or her employees to the scene. The State
Fire Marshal or his or her employees, upon arrival, shall provide
technical expertise and advise the operator and all public agencies
on activities needed to mitigate the hazard.
(2) For purposes of this subdivision, the Legislature does not
intend to hinder or disrupt the workings of the "incident commander
system," but does intend to establish a recognized element of
expertise and direction for the incident command to consult and
acknowledge as an authority on the subject of pipeline incident
mitigation. Furthermore, it is expected that the State Fire Marshal
will recognize the expertise of the pipeline operator and any other
emergency agency personnel who may be familiar with the particular
location of the incident and respect their knowledgeable input
regarding the mitigation of the incident.
(c) For purposes of this section, "rupture" includes every
unintentional liquid leak, including any leak that occurs during
hydrostatic testing, except that a crude oil leak of less than five
barrels from a pipeline or flow line in a rural area, or any crude
oil or petroleum product leak in any in-plant piping system of less
than five barrels, when no fire, explosion, or bodily injury results
or no waterway is contaminated thereby, does not constitute a rupture
for purposes of the reporting requirements of subdivision (a).
(d) The State Fire Marshal shall, every fifth year commencing in
1999, issue a report identifying pipeline leak incident rate trends,
reviewing current regulatory effectiveness with regard to pipeline
safety, and recommending any necessary changes to the Legislature.
This report shall include an assessment of the condition of each
pipeline and shall include all of the following: total length of
regulated pipelines, total length of regulated piggable pipeline,
total number of line sections, average length of each section, number
of leaks during study period, average spill size, average damage per
incident, average age of leak pipe, average diameter of leak pipe,
injuries during study period, cause of the leak or spill, fatalities
during study period, and other information as deemed appropriate by
the State Fire Marshal.
(e) This section does not preempt any other applicable federal or
state reporting requirement.
(f) Except as otherwise provided in this section and Section
8589.7, a notification made pursuant to this section shall satisfy
any immediate notification requirement contained in any permit issued
by a permitting agency.
(g) This section does not apply to pipeline ruptures involving
nonreportable crude oil spills under Section 3233 of the Public
Resources Code, unless the spill involves a fire or explosion.

51018.6. (a) 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 Sections 190.207 to
190.215, inclusive, and Section 190.227 of Title 49 of the Code of
Federal Regulations.
(b) 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 of not more than ten
thousand dollars ($10,000) for each day that violation persists,
except that the maximum civil penalty shall not exceed five hundred
thousand dollars ($500,000) for any related series of violations.
(c) 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.
(d) 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).
(e) 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 to local fire
departments.

51018.7. (a) Any person who willfully and knowingly violates any
provision of this chapter or a regulation issued pursuant thereto
shall, upon conviction, be subject, for each offense, to a fine of
not more than twenty-five thousand dollars ($25,000), imprisonment in
a county jail for not more than one year, imprisonment in the state
prison, or by both that fine and imprisonment.
(b) Any person who willfully and knowingly defaces, damages,
removes, or destroys any pipeline sign or right-of-way marker
required by federal or state law or regulation shall, upon
conviction, be subject, for each offense, to a fine of not more than
five thousand dollars ($5,000), imprisonment in a county jail for not
more than one year, or by both that fine and imprisonment.

51018.8. The State Fire Marshal may issue orders directing
compliance with this chapter or any regulations adopted pursuant
thereto. The State Fire Marshal shall specify in the order the
particular action which is required of the person issued the order.

51019. The State Fire Marshal may assess and collect from every
pipeline operator an annual fee for the purpose of carrying out this
chapter. The State Fire Marshal may assess this fee for expenses
which will be incurred during the following year. A pipeline operator
shall pay this fee when billed by the State Fire Marshal. The State
Fire Marshal may impose a delinquency fee of 10 percent of the annual
fee if the pipeline operator does not pay the fee within 60 days
after receipt of the bill, and, in addition, the pipeline operator
shall pay interest on that portion of its annual fee not paid within
60 days at the rate of 15 percent per annum from the date of receipt
of the bill until paid. The total amount of the fee collected shall
not exceed the actual expenses incurred, or the estimated expenses
which will be incurred, by the State Fire Marshal in carrying out
this chapter.

51019.05. If the agreement specified in Section 51010.6 is entered
into, the State Fire Marshal may assess and collect, from every
operator of an interstate pipeline having a portion thereof located
within this state, as described in the agreement, an annual fee for
the purpose of carrying out this chapter. The State Fire Marshal may
assess this fee for expenses which will be incurred during the
following year. The pipeline operator shall pay this fee when billed
by the State Fire Marshal.
The State Fire Marshal may impose a delinquency fee of 10 percent
of the annual fee if the interstate pipeline operator does not pay
the fee within 60 days after receipt of the bill, and, in addition,
the interstate pipeline operator shall pay interest on that portion
of its annual fee not paid within 60 days at the rate of 15 percent
per annum from the date of receipt of the bill until paid.
The total amount of the fee collected pursuant to this section and
Section 51019 shall not exceed the actual expenses incurred, or the
estimated expenses which will be incurred, by the State Fire Marshal
in carrying out this chapter.

51019.1. (a) There is hereby created the California Hazardous
Liquid Pipeline Safety Fund, consisting of the Local Training Account
and the Pipeline Operations Account.
(b) All fees collected pursuant to Sections 51019 and 51019.05
shall be deposited in the Pipeline Operations Account. The money in
the account is available, upon appropriation by the Legislature, to
the State Fire Marshal for the purpose of carrying out this chapter.