SECTIONS 4351-4361 - California Statutes

PUBLIC UTILITIES CODE

SECTION 4351-4361

4351. As used in this chapter:
(a) "Gas" means natural or manufactured gas, except propane, used
for light, heat, or power.
(b) "Distribution system" means a system of pipes within a
mobilehome park operated by a person or corporation, other than a
public utility, which is connected to a meter or other measuring
device under the control of a privately owned or publicly owned
public utility, for purposes of distribution of gas by the operator
of a mobilehome park to the tenants of the mobilehome park who are
the actual users of the gas furnished through the meter or device to
the operator by the public utility.
(c) "Operator" is a mobilehome park owner or operator who
maintains and operates a master-metered natural gas distribution
system.
(d) "Department" means the Department of Housing and Community
Development.
(e) "Local enforcement agency" means the city, county, or city and
county which has assumed the responsibility for the enforcement of
Chapter 2 (commencing with Section 18300) of Part 2.1 of Division 13
of the Health and Safety Code.
(f) "Federal law" or "federal pipeline standards" means the
federal Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. Sec. 1671
et seq.) and the regulations contained in Parts 190, 191, and 192 of
Title 49 of the Code of Federal Regulations.

4352. (a) The commission shall undertake a gas safety inspection
and enforcement program for mobilehome parks with distribution
systems to ensure compliance with the federal pipeline standards by
mobilehome park operators within the state. The commission may adopt
rules, which shall be at least as stringent as the federal law in
order to protect the health and safety of mobilehome park residents.
Nothing in this chapter prohibits the commission from adopting more
stringent standards than those in the federal law.
(b) As part of this gas safety inspection and enforcement program,
the commission inspectors may:
(1) Enter public or private property as is necessary to carry out
this chapter.
(2) Enter and inspect all mobilehome parks, wherever situated, and
inspect all documents (including those records listed in subdivision
(a) of Section 4353), accommodations, equipment, or paraphernalia
used in connection with or related to the gas distribution system of
the mobilehome park.

4353. (a) The commission shall conduct an initial inspection of
each distribution system which shall take place on the mobilehome
park premises. The inspection shall consist of all of the following:
(1) An inspection of the adequacy of the operator's operation and
maintenance plan.
(2) The information contained in the required annual report.
(3) The records of leak surveys and repairs, corrosion control,
and cathodic protection of the system.
(4) If deemed appropriate from the review of the records, a
physical inspection of the mobilehome park's distribution system to
ensure compliance with the federal law; the applicable sections of
Commission General Order 112 relating to mobilehome park distribution
systems, excluding the sections relating to gas transmission
facilities, LNG facilities, and gathering lines; and any rules and
orders adopted by the commission pursuant to this chapter.
(b) If the operator demonstrates compliance pursuant to
subdivision (a), the distribution system shall thereafter be
inspected once every five years. The subsequent inspections shall
consist of the elements specified in subdivision (a). However, the
commission may institute an inspection at any time if it determines,
following a review of a subsequent annual report or receipt of a
complaint, that an additional inspection is necessary.
(c) If the operator does not demonstrate compliance pursuant to
subdivision (a), the distribution system may be inspected on an
annual basis until such time as there is compliance and, thereafter,
shall be inspected as specified in subdivision (b).
(d) If upon the initial inspection or any subsequent inspection,
the commission determines the presence of a gas leak or other safety
hazard in the distribution system which poses a significant or
immediate danger to the health and safety of the park residents, the
distribution system may be inspected more frequently until the
condition is corrected. Once corrected, the park shall be inspected
as specified in subdivision (b).
(e) The commission may require an operator to provide necessary
assistance to commission inspectors in entering and inspecting the
mobilehome park, including, but not limited to:
(1) Allowing commission inspectors entry to mobilehome park
premises.
(2) Having, upon notice, the necessary records specified in
subdivision (a) available for the commission inspector's review
during the physical inspection.
(3) Assisting in surveying or uncovering portions of a
distribution system for purposes of inspection, verification, and
testing.
(f) It shall be a violation for a mobilehome park operator to
willfully obstruct a commission inspector's access, entry, or
inspection of a mobilehome park.
(g) The commission may enforce subdivision (f) by issuing a
citation in the manner specified in subdivision (b) of Section 4357
and shall notify the United States Department of Transportation, the
department or local enforcement agency, the utility serving the
distribution system, and the operator of any the citation issued
pursuant to subdivision (f) of Section 4353.

4354. (a) Every operator shall prepare and submit to the commission
annually a report on the distribution system.
(b) The report shall be submitted to the commission at the same
time the annual application for a permit to operate the mobilehome
park is submitted to the department or the local enforcement agency.
(c) The report shall be prepared using a form required by the
commission and shall contain the information the commission finds
necessary to carry out the intent of this chapter. In developing the
form, the commission shall consult with interested parties to ensure
that the form contains no more than the necessary and appropriate
information to carry out the intent of this chapter.
(d) Upon receipt of the report, the commission shall examine the
report for violations of (1) applicable federal pipeline safety laws
or regulations or (2) any applicable commission rules or orders. The
commission may inspect the operator's distribution system for the
purpose of verifying whether or not a violation of federal or state
pipeline safety laws or regulations has occurred or is occurring.

4354.5. (a) Every operator shall maintain all of the following:
(1) A map, drawing, or diagram which indicates the location of the
distribution system's main and service lines, master-meter, and the
identity of key valves.
(2) A copy of each annual report which has been submitted pursuant
to the federal law or this chapter.
(3) A copy of any record of leak surveys and repairs, corrosion
control, and cathodic protection of the system.
(b) The information and records listed in subdivision (a) shall be
provided to any subsequent operator of the distribution system upon
the sale, transfer, or other conveyance of title to the mobilehome
park.
(c) Notwithstanding any other provision of law, there shall be no
penalty pursuant to Section 4357 imposed upon a subsequent operator
of the distribution system who has not received the information and
records listed in subdivision (a) from the transferring operator or
upon any operator who fails to have the information and records for
any period on or before the effective date of this section.

4355. Except as specified in Section 4356, after each inspection,
the commission shall furnish the operator, or a representative
designated in writing by the operator, with a written copy of the
inspection report within 30 days of the inspection, and the report
shall indicate any violations of applicable federal or state pipeline
safety laws or regulations. Upon receipt of a report indicating a
safety violation, the operator shall file, within 30 days, a written
response with the commission which acknowledges receipt of the report
and specifies a compliance plan for correcting the safety
violations, including, if appropriate, a timetable for completing
necessary repairs or improvements to the distribution system. The
commission shall furnish copies of inspection reports indicating
safety violations, and responses to these reports, to the United
States Department of Transportation and to the department.

4356. (a) If the commission determines the presence of a gas leak
or other safety hazard in the distribution system which poses a
significant or immediate danger to the health and safety of the park
residents, it shall notify the United States Department of
Transportation, the department or local enforcement agency, the
utility serving the distribution system, and the operator, who shall
provide notice to the affected tenants in the park.
(b) The commission shall require the operator to take immediate
steps to correct and repair the gas leak or other hazard. The park
operator shall obtain permits from the department or local
enforcement agency, as required by Part 2.1 (commencing with Section
18200) of Division 13 of the Health and Safety Code. The commission
may direct the serving gas corporation to terminate service at the
master meter if an operator does not comply with this requirement.
The cost of repair or corrective actions shall be borne by the
operator.

4357. (a) Any operator who commits a violation enumerated in
subdivision (f) of Section 4353, or who fails to file the report
required by Section 4354 or to comply with a directive of the
commission pursuant to Section 4356 is subject to a civil penalty of
not more than one thousand dollars ($1,000) for each day that the
violation, failure to file the report or respond to the directive
continues, but not to exceed two hundred thousand dollars ($200,000)
for a single violation or related series of violations. The
commission shall enforce this subdivision.
(b) The commission may enforce subdivision (a) in the following
manner:
(1) By issuing a citation to the responsible person, as defined by
Section 18603 of the Health and Safety Code, and to the mobilehome
park operator. In the event of a violation that constitutes a
significant or immediate danger to health and safety of the park
residents, the citation shall be issued immediately and served upon
the responsible person or the holder of the permit to operate the
mobilehome park. The mobilehome park operator shall be responsible
for the correction of any violations for which a citation has been
given pursuant to this subdivision.
(2) Service of the citation shall be effected either personally or
by first-class mail. Each citation shall be in writing and shall
describe with particularity the nature of the violation, including a
reference to the statutory provisions or regulations alleged to have
been violated, as well as any penalty provided by law for failure to
make timely correction. The citation shall fix the earliest feasible
time, as determined by the commission, for the elimination of the
condition constituting the alleged violation.
(3) A mobilehome park operator may request an informal conference
with the commission staff to challenge any citation alleging a
violation, or any directive to correct a violation. The informal
conference, any subsequent hearings, or appeals of a decision of the
commission shall be conducted in accordance with the rules and
procedures prescribed by the commission.
(c) The remedies provided by this chapter are cumulative and shall
not be construed to supersede other provisions of law providing
sanctions for violators of this chapter, including, but not limited
to, Sections 2112 and 2113 of the Public Utilities Code.
(d) Nothing in this chapter affects the tort liability of the
operator of a distribution system.

4358. (a) The commission shall establish a uniform billing per
space or lot surcharge to be paid by operators with distribution
systems subject to this chapter on natural gas purchased for
distribution to their tenants. The surcharge shall be designed to
recover the commission's costs of the mobilehome park safety
inspection and enforcement program required by this chapter.
(b) The commission shall require gas corporations to adjust their
rates on an annual basis to recover the surcharge specified in
subdivision (a). Mobilehome parks which are served by publicly owned
public utilities shall be inspected at the request of the serving
utility. However, publicly owned public utilities which serve
mobilehome parks subject to this chapter shall only be required to
adjust their gas rates to recover the surcharge specified in
subdivision (a) when a mobilehome park within the utility's
jurisdiction is inspected.
(c) Notwithstanding any other provision of law or local ordinance,
rule, regulation, or initiative measure, the operator shall be
entitled to recover the surcharge collected pursuant to subdivision
(a) from its tenants on a monthly basis. However, the charge to any
tenant shall not exceed 30 cents per month for the period from July
1, 1991, until July 1, 1992, and shall not exceed 25 cents per month
after that date. If the commission establishes the surcharge at a
lesser amount, the operator's recovery shall not exceed the actual
surcharge.
(d) All surcharge fees collected by gas corporations pursuant to
this section shall be forwarded to the commission, as required by the
commission. All surcharge fees collected pursuant to this section
shall be deposited in the Public Utilities Commission Utilities
Reimbursement Account in the General Fund, which fees shall be used,
upon appropriation, for purposes of this chapter.

4359. The commission may adopt rules and orders to carry out this
chapter.

4360. Nothing in this chapter affects the requirement that
operators of liquefied petroleum gas (propane) master-meter systems
supplying 10 or more customers from a single source comply with the
applicable provisions of the federal law.

4361. (a) In each mobilehome park, the operator shall post on the
mobilehome park premises the current emergency telephone numbers for,
at a minimum, the gas company, the fire department, and the
responsible person as defined by Section 18603 of the Health and
Safety Code, and shall maintain on the mobilehome park premises an
emergency procedure, which shall be used in the event there is a gas
leak or other safety hazard in the gas distribution system. The
operator is required to inform each of the tenants of the mobilehome
park of the location of these emergency telephone numbers and the
emergency procedure.
(b) Any operator who fails to comply with subdivision (a) shall be
subject to the same penalty as set forth in subdivision (a) of
Section 4357. The commission shall enforce this subdivision pursuant
to subdivision (b) of Section 4357.