Offshore oil: pipeline safety.
What changed between versions
Section 51011(b) flips the exemption standard: previously the State Fire Marshal 'may exempt' pipelines when risk is slight and injury probability is remote; now the State Fire Marshal 'shall not exempt' unless the exemption is necessary to address a threat to public safety or the environment or other emergency. This makes exemptions far harder to obtain.
New Section 3239(b)(2) requires that leak detection and response plans for pipelines under State Fire Marshal jurisdiction meet or exceed federal requirements (49 CFR 195.452) and must include both an internal computational method AND an external or sensory method for leak detection. Previously, a single standard applied to all facility types.
Section 51013.1(a) now requires risk analyses for new, repaired, or replacement pipelines near sensitive coastal areas to be conducted by an independent expert rather than the operator, and must address both prevention and reduction of oil releases (previously only reduction was mentioned for new pipelines).
The deadline for the State Fire Marshal to adopt regulations under Section 51013.1 is changed from July 1, 2017 to July 1, 2027, giving a full decade more time.
The entire section stating legislative intent to enact subsequent legislation regarding offshore oil permitting authority and protections for communities impacted by offshore oil transportation was removed from the bill.
Section 5012.3 broadens the geographic restriction on pipelines that have spilled 10,000+ gallons: the prohibited operating zone now extends to 'a park, a designated ecological reserve, or a wildlife area of California' rather than only 'a state park, wildlife area, or ecological reserve,' potentially covering local parks and adding the qualifier 'designated' for ecological reserves.
Section 3239(d) expands the California Coastal Commission's authority to adopt leak detection and repair standards that are more protective than both state division standards AND federal regulations (previously only state standards were referenced).
New Section 51011(d) requires that notification of any pipeline exemption be written, publicly available, and include a discussion of the factors the State Fire Marshal considered significant in granting the exemption.
Fiscal committee designation changed from 'no' to 'yes' and state-mandated local program designation changed from 'no' to 'yes,' indicating the bill now triggers additional fiscal review requirements.