California 2017 2017-2018 Regular Session

California Senate Bill SB385 Introduced / Bill

Filed 02/14/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 385Introduced by Senator HuesoFebruary 14, 2017 An act to amend Section 1103 of, and to add Section 911.2 to, the Public Utilities Code, relating to natural gas. LEGISLATIVE COUNSEL'S DIGESTSB 385, as introduced, Hueso. Natural gas storage wells.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. The Public Utilities Act prohibits any gas corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require that construction. Existing law requires, if a new underground gas storage facility is proposed, the commission to ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent, as specified. Existing law requires that the findings of any risk assessment conducted pursuant to these provisions be subjected to peer review by independent experts and reported to the Legislature, as specifiedThis bill would move the requirement that the report be submitted to the Legislature to a part of the code where commission reports to the Legislature are listed.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 911.2 is added to the Public Utilities Code, to read:911.2. The commission shall report the findings of any risk assessment required by Section 1103 to the Legislature.SEC. 2. Section 1103 of the Public Utilities Code is amended to read:1103. (a) If a new underground gas storage facility is proposed, the commission shall ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent. Both acute and chronic exposures from a range of expected emissions and emissions rates shall be evaluated. The evaluation shall include consideration of population density in proximal communities, environmentally sensitive areas, emergency response times, evacuation times, possible leak duration, possible chemical species emitted, and local meteorology.(b) In evaluating the potential risks and impacts of acute and chronic exposures from emissions from a proposed new gas storage facility, the project proponent shall assess or cause to be assessed risks associated with the proposed facilitys proximity to any living quarters, including private homes, condominiums, apartments, retirement homes, prisons, dormitories, or other housing; education resources, including preschools and schools operating kindergarten or any of grades 1 to 12, inclusive; day care centers; and health care facilities, including hospitals, nursing homes, and long-term care and hospice facilities. Based on the risk analysis, appropriate setbacks to the listed structure types shall be determined by the commission.(c) The risk assessment conducted pursuant to this section shall be subjected to peer review by independent experts whose demonstrated expertise includes, but is not limited to, the fields of public health, epidemiology, and toxicology.(d) The findings of any risk assessment required by this section shall be reported to the Legislature in accordance with Section 9795 of the Government Code. pursuant to Section 911.2.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 385Introduced by Senator HuesoFebruary 14, 2017 An act to amend Section 1103 of, and to add Section 911.2 to, the Public Utilities Code, relating to natural gas. LEGISLATIVE COUNSEL'S DIGESTSB 385, as introduced, Hueso. Natural gas storage wells.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. The Public Utilities Act prohibits any gas corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require that construction. Existing law requires, if a new underground gas storage facility is proposed, the commission to ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent, as specified. Existing law requires that the findings of any risk assessment conducted pursuant to these provisions be subjected to peer review by independent experts and reported to the Legislature, as specifiedThis bill would move the requirement that the report be submitted to the Legislature to a part of the code where commission reports to the Legislature are listed.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 385

Introduced by Senator HuesoFebruary 14, 2017

Introduced by Senator Hueso
February 14, 2017

 An act to amend Section 1103 of, and to add Section 911.2 to, the Public Utilities Code, relating to natural gas. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 385, as introduced, Hueso. Natural gas storage wells.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. The Public Utilities Act prohibits any gas corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require that construction. Existing law requires, if a new underground gas storage facility is proposed, the commission to ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent, as specified. Existing law requires that the findings of any risk assessment conducted pursuant to these provisions be subjected to peer review by independent experts and reported to the Legislature, as specifiedThis bill would move the requirement that the report be submitted to the Legislature to a part of the code where commission reports to the Legislature are listed.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. The Public Utilities Act prohibits any gas corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require that construction. Existing law requires, if a new underground gas storage facility is proposed, the commission to ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent, as specified. Existing law requires that the findings of any risk assessment conducted pursuant to these provisions be subjected to peer review by independent experts and reported to the Legislature, as specified

This bill would move the requirement that the report be submitted to the Legislature to a part of the code where commission reports to the Legislature are listed.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 911.2 is added to the Public Utilities Code, to read:911.2. The commission shall report the findings of any risk assessment required by Section 1103 to the Legislature.SEC. 2. Section 1103 of the Public Utilities Code is amended to read:1103. (a) If a new underground gas storage facility is proposed, the commission shall ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent. Both acute and chronic exposures from a range of expected emissions and emissions rates shall be evaluated. The evaluation shall include consideration of population density in proximal communities, environmentally sensitive areas, emergency response times, evacuation times, possible leak duration, possible chemical species emitted, and local meteorology.(b) In evaluating the potential risks and impacts of acute and chronic exposures from emissions from a proposed new gas storage facility, the project proponent shall assess or cause to be assessed risks associated with the proposed facilitys proximity to any living quarters, including private homes, condominiums, apartments, retirement homes, prisons, dormitories, or other housing; education resources, including preschools and schools operating kindergarten or any of grades 1 to 12, inclusive; day care centers; and health care facilities, including hospitals, nursing homes, and long-term care and hospice facilities. Based on the risk analysis, appropriate setbacks to the listed structure types shall be determined by the commission.(c) The risk assessment conducted pursuant to this section shall be subjected to peer review by independent experts whose demonstrated expertise includes, but is not limited to, the fields of public health, epidemiology, and toxicology.(d) The findings of any risk assessment required by this section shall be reported to the Legislature in accordance with Section 9795 of the Government Code. pursuant to Section 911.2.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 911.2 is added to the Public Utilities Code, to read:911.2. The commission shall report the findings of any risk assessment required by Section 1103 to the Legislature.

SECTION 1. Section 911.2 is added to the Public Utilities Code, to read:

### SECTION 1.

911.2. The commission shall report the findings of any risk assessment required by Section 1103 to the Legislature.

911.2. The commission shall report the findings of any risk assessment required by Section 1103 to the Legislature.

911.2. The commission shall report the findings of any risk assessment required by Section 1103 to the Legislature.



911.2. The commission shall report the findings of any risk assessment required by Section 1103 to the Legislature.

SEC. 2. Section 1103 of the Public Utilities Code is amended to read:1103. (a) If a new underground gas storage facility is proposed, the commission shall ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent. Both acute and chronic exposures from a range of expected emissions and emissions rates shall be evaluated. The evaluation shall include consideration of population density in proximal communities, environmentally sensitive areas, emergency response times, evacuation times, possible leak duration, possible chemical species emitted, and local meteorology.(b) In evaluating the potential risks and impacts of acute and chronic exposures from emissions from a proposed new gas storage facility, the project proponent shall assess or cause to be assessed risks associated with the proposed facilitys proximity to any living quarters, including private homes, condominiums, apartments, retirement homes, prisons, dormitories, or other housing; education resources, including preschools and schools operating kindergarten or any of grades 1 to 12, inclusive; day care centers; and health care facilities, including hospitals, nursing homes, and long-term care and hospice facilities. Based on the risk analysis, appropriate setbacks to the listed structure types shall be determined by the commission.(c) The risk assessment conducted pursuant to this section shall be subjected to peer review by independent experts whose demonstrated expertise includes, but is not limited to, the fields of public health, epidemiology, and toxicology.(d) The findings of any risk assessment required by this section shall be reported to the Legislature in accordance with Section 9795 of the Government Code. pursuant to Section 911.2.

SEC. 2. Section 1103 of the Public Utilities Code is amended to read:

### SEC. 2.

1103. (a) If a new underground gas storage facility is proposed, the commission shall ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent. Both acute and chronic exposures from a range of expected emissions and emissions rates shall be evaluated. The evaluation shall include consideration of population density in proximal communities, environmentally sensitive areas, emergency response times, evacuation times, possible leak duration, possible chemical species emitted, and local meteorology.(b) In evaluating the potential risks and impacts of acute and chronic exposures from emissions from a proposed new gas storage facility, the project proponent shall assess or cause to be assessed risks associated with the proposed facilitys proximity to any living quarters, including private homes, condominiums, apartments, retirement homes, prisons, dormitories, or other housing; education resources, including preschools and schools operating kindergarten or any of grades 1 to 12, inclusive; day care centers; and health care facilities, including hospitals, nursing homes, and long-term care and hospice facilities. Based on the risk analysis, appropriate setbacks to the listed structure types shall be determined by the commission.(c) The risk assessment conducted pursuant to this section shall be subjected to peer review by independent experts whose demonstrated expertise includes, but is not limited to, the fields of public health, epidemiology, and toxicology.(d) The findings of any risk assessment required by this section shall be reported to the Legislature in accordance with Section 9795 of the Government Code. pursuant to Section 911.2.

1103. (a) If a new underground gas storage facility is proposed, the commission shall ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent. Both acute and chronic exposures from a range of expected emissions and emissions rates shall be evaluated. The evaluation shall include consideration of population density in proximal communities, environmentally sensitive areas, emergency response times, evacuation times, possible leak duration, possible chemical species emitted, and local meteorology.(b) In evaluating the potential risks and impacts of acute and chronic exposures from emissions from a proposed new gas storage facility, the project proponent shall assess or cause to be assessed risks associated with the proposed facilitys proximity to any living quarters, including private homes, condominiums, apartments, retirement homes, prisons, dormitories, or other housing; education resources, including preschools and schools operating kindergarten or any of grades 1 to 12, inclusive; day care centers; and health care facilities, including hospitals, nursing homes, and long-term care and hospice facilities. Based on the risk analysis, appropriate setbacks to the listed structure types shall be determined by the commission.(c) The risk assessment conducted pursuant to this section shall be subjected to peer review by independent experts whose demonstrated expertise includes, but is not limited to, the fields of public health, epidemiology, and toxicology.(d) The findings of any risk assessment required by this section shall be reported to the Legislature in accordance with Section 9795 of the Government Code. pursuant to Section 911.2.

1103. (a) If a new underground gas storage facility is proposed, the commission shall ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent. Both acute and chronic exposures from a range of expected emissions and emissions rates shall be evaluated. The evaluation shall include consideration of population density in proximal communities, environmentally sensitive areas, emergency response times, evacuation times, possible leak duration, possible chemical species emitted, and local meteorology.(b) In evaluating the potential risks and impacts of acute and chronic exposures from emissions from a proposed new gas storage facility, the project proponent shall assess or cause to be assessed risks associated with the proposed facilitys proximity to any living quarters, including private homes, condominiums, apartments, retirement homes, prisons, dormitories, or other housing; education resources, including preschools and schools operating kindergarten or any of grades 1 to 12, inclusive; day care centers; and health care facilities, including hospitals, nursing homes, and long-term care and hospice facilities. Based on the risk analysis, appropriate setbacks to the listed structure types shall be determined by the commission.(c) The risk assessment conducted pursuant to this section shall be subjected to peer review by independent experts whose demonstrated expertise includes, but is not limited to, the fields of public health, epidemiology, and toxicology.(d) The findings of any risk assessment required by this section shall be reported to the Legislature in accordance with Section 9795 of the Government Code. pursuant to Section 911.2.



1103. (a) If a new underground gas storage facility is proposed, the commission shall ensure that a risk assessment evaluating the potential impact of a leak from the facility on public and environmental health, safety, and welfare is conducted by the project proponent. Both acute and chronic exposures from a range of expected emissions and emissions rates shall be evaluated. The evaluation shall include consideration of population density in proximal communities, environmentally sensitive areas, emergency response times, evacuation times, possible leak duration, possible chemical species emitted, and local meteorology.

(b) In evaluating the potential risks and impacts of acute and chronic exposures from emissions from a proposed new gas storage facility, the project proponent shall assess or cause to be assessed risks associated with the proposed facilitys proximity to any living quarters, including private homes, condominiums, apartments, retirement homes, prisons, dormitories, or other housing; education resources, including preschools and schools operating kindergarten or any of grades 1 to 12, inclusive; day care centers; and health care facilities, including hospitals, nursing homes, and long-term care and hospice facilities. Based on the risk analysis, appropriate setbacks to the listed structure types shall be determined by the commission.

(c) The risk assessment conducted pursuant to this section shall be subjected to peer review by independent experts whose demonstrated expertise includes, but is not limited to, the fields of public health, epidemiology, and toxicology.

(d) The findings of any risk assessment required by this section shall be reported to the Legislature in accordance with Section 9795 of the Government Code. pursuant to Section 911.2.