Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 881Introduced by Assembly Member Petrie-NorrisFebruary 19, 2025An act to amend Section 39741.1 of the Health and Safety Code, relating to air resources. An act to amend Section 51010.5 of, and to add Sections 51011.5 and 51018.9 to, the Government Code, and to repeal and add Section 71465 of the Public Resources Code, relating to public resources.LEGISLATIVE COUNSEL'S DIGESTAB 881, as amended, Petrie-Norris. Carbon Capture, Removal, Utilization, and Storage Program. Public resources: transportation of carbon dioxide.The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines that transport hazardous liquids. A person who willfully and knowingly violates the act or a regulation issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided. This bill would revise the definition of pipeline, for purposes of the act, to include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by April 1, 2026, to adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to certain draft regulations issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025. The bill would authorize the State Fire Marshal to amend those regulations, as provided. The bill would authorize the State Fire Marshal, for a pipeline transporting carbon dioxide, to order a pipeline shutdown for violations of state or federal laws, or if continued pipeline operations present an immediate danger to health, welfare, or the environment. Because the bill would expand the application of a crime to pipelines transporting carbon dioxide and because a violation of the regulations adopted by the State Fire Marshal related to pipelines transporting carbon dioxide would be a crime, this bill would impose a state-mandated local program.Existing law requires that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded its rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline.This bill would instead require that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project to comply with the regulations adopted by the State Fire Marshal.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the State Air Resources Board to establish a Carbon Capture, Removal, Utilization, and Storage Program to capture, remove, and store carbon dioxide, as provided. Existing law requires the state board, in tracking progress toward the states climate targets, to prevent the double counting of emissions reductions associated with using carbon dioxide that is captured or removed from the atmosphere.This bill would make a nonsubstantive change to the provision related to the double-counting provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) The State of California has taken a role in fighting climate change through the enactment of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), Section 38562.2 of the Health and Safety Code, and Section 38566 of the Health and Safety Code, which establish a roadmap to reduce emissions of greenhouse gases and reach carbon neutrality by 2045.(2) The State Air Resources Board drafted the 2022 Scoping Plan for Achieving Carbon Neutrality, which lays out a path to reduce anthropogenic greenhouse gas emissions by 85 percent below 1990 levels no later than 2045.(3) After consulting with the scientific and academic communities around the world and receiving extensive public comments, the State Air Resources Board Scoping Plan included a target of capturing 20,000,000 metric tons of carbon dioxide equivalent (MMTCO2e) by 2030 and 100 MMTCO2e by 2045 to reach carbon neutrality.(4) The International Panel of Climate Change, Stanford University Precourt Institute for Energy, Lawrence Livermore Laboratories, Princeton University, the University of California at Berkeley and at Los Angeles, and others have conducted studies that found carbon capture and sequestration is needed to achieve carbon neutrality.(5) The academic studies and the states scientific-based scoping plan identify carbon capture as a critical tool and all agree that the technology should be used to complement the deployment of renewable resources and other emission reduction strategies.(6) Carbon capture and sequestration projects present the best opportunity to provide high road jobs to Californias skilled industrial workforce and California is home to some of the best geology to safely store carbon.(7) California has received funding through the federal government to deploy carbon capture projects and has the opportunity to draw down significant additional federal dollars through ongoing tax credits for projects that commence building by 2032.(b) It is the intent of the Legislature to establish a permitting process for the safe transport of carbon dioxide through pipelines consistent with the proposal submitted by Natural Resources Agency pursuant to Section 71465 of the Public Resources Code, as added by Chapter 359 of the Statutes of 2022, in a timely manner that will allow the state to use one-time and ongoing federal support to enable the state to meet its climate goals and provide for high-road jobs to support Californias skilled and trained workforce.SEC. 2. Section 51010.5 of the Government Code is amended to read: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 substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that 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 of these facilities in the state. Pipeline does not include any of the following:(1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) 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) Transportation of petroleum in onshore gathering lines located in rural areas.(4) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide 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.(5) Transportation of a hazardous liquid or carbon dioxide by a flow line.(6) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.(7) Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.(b) Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the well head wellhead 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 that 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 system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health 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 database 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 that is used or is usable for propelling motor vehicles operated by the explosion type engine. It Motor vehicle fuel 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.SEC. 3. Section 51011.5 is added to the Government Code, to read:51011.5. (a) (1) (A) On or before April 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).(B) The Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of regulations pursuant to subparagraph (A).(2) The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:(A) Pipeline design.(B) Fracture mechanics.(C) Pipeline materials.(D) Valve materials.(E) Conversion of existing pipelines.(F) Pipeline location.(G) Potential impact areas of a release.(H) Land movement.(I) Operation.(J) Odorant requirements.(K) Leak detection.(L) Emergency response.(M) Carbon dioxide contaminants.(N) Maintenance.(b) All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.SEC. 4. Section 51018.9 is added to the Government Code, to read:51018.9. For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.SEC. 5. Section 71465 of the Public Resources Code is repealed.71465.(a)Pipelines shall only be utilized to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.SEC. 6. Section 71465 is added to the Public Resources Code, to read:71465. Pipelines used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project shall comply with regulations adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 39741.1 of the Health and Safety Code is amended to read:39741.1.(a)The state board shall establish a Carbon Capture, Removal, Utilization, and Storage Program to do all of the following:(1)Evaluate the efficacy, safety, and viability of CCUS and CDR technologies and facilitate the capture and sequestration of carbon dioxide from these technologies, where appropriate.(2)Develop monitoring and reporting schedules to state regulatory agencies for carbon dioxide capture, removal, or sequestration projects to ensure efficacy, safety, and viability of the projects.(3)Ensure that all carbon dioxide capture, removal, or sequestration projects include the following, as appropriate:(A)Strategies to minimize, to the maximum extent technologically feasible, copollutant emissions from facilities where CCUS or CDR technology is deployed to ensure that the use of carbon dioxide removal technologies and carbon capture and storage technologies does not have an adverse impact on local air quality and public health, particularly in low-income and disadvantaged communities.(B)Strategies to ensure that carbon dioxide capture, removal, or sequestration projects minimize, to the maximum extent technologically feasible, local water pollution or air pollution from construction- and transportation-related impacts from the projects in communities adjacent to carbon dioxide capture, removal, or sequestration projects, including a geologic storage complex.(C)Strategies to minimize the risk of seismic impacts to, and from, geologic storage projects, including the risk of gas leakage due to seismic activity.(D)Monitoring and reporting of seismic activity related to geologic sequestration of carbon dioxide, and monitoring of sequestered carbon dioxide, including movement within the geologic storage complex, for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than 100 years after the last date of injection of carbon dioxide into a geologic storage reservoir. In adopting regulations pursuant to subdivision (c) that pertain to this subparagraph, the state board shall consult with the State Geologist.(E)Monitoring of criteria pollutants and potential toxic air contaminants at the one or more sites within the geologic storage complex and at mobile or fixed sites within the facility, and monitoring of ambient carbon dioxide concentrations over the geologic storage complex to facilitate leak detection. Monitoring required under this section shall continue for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than the completion of the applicable postinjection site care and site closure plan pursuant to Section 146.93 of Title 40 of the Code of Federal Regulations.(F)Projects meet best available control technology requirements as determined by the local air district.(b)In carrying out the objectives of the program, the state board shall prioritize the following:(1)Reducing the emissions of greenhouse gases.(2)Minimizing land use and potential environmental, noise, air quality, water quality, traffic, seismic, and other related impacts, and any potential health and safety risks, to all communities where CCUS and CDR technologies are deployed, and carbon dioxide capture, removal, or sequestration projects are located to the maximum extent feasible.(3)Maximizing workforce development and employment opportunities in each community where CCUS and CDR technologies are deployed, and carbon dioxide capture, removal, or sequestration projects are located, to the extent feasible.(4)Leveraging private funding sources and public-private partnership structures alongside potential state funding sources.(5)Reducing fossil fuel production in the state.(c)The state board shall adopt regulations to implement this section.(d)In developing the program, the state board shall consult with the Geologic Carbon Sequestration Group established pursuant to Section 2213 of the Public Resources Code.(e)In tracking progress toward the states climate targets, the state board shall prevent the double counting of emissions reductions associated with using carbon dioxide that is captured or removed from the atmosphere. The state board may use a state board-approved third-party verifier to satisfy this subdivision.(f)(1)Beginning January 1, 2025, and every two years thereafter, the state board shall report to the Legislature on the progress of the program. The report shall, at a minimum, include an evaluation of potential local environmental impacts and potential long-term leakage impacts as well as recommendations on measures to reduce these impacts of completed carbon dioxide capture, removal, or sequestration projects.(2)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 881Introduced by Assembly Member Petrie-NorrisFebruary 19, 2025An act to amend Section 39741.1 of the Health and Safety Code, relating to air resources. An act to amend Section 51010.5 of, and to add Sections 51011.5 and 51018.9 to, the Government Code, and to repeal and add Section 71465 of the Public Resources Code, relating to public resources.LEGISLATIVE COUNSEL'S DIGESTAB 881, as amended, Petrie-Norris. Carbon Capture, Removal, Utilization, and Storage Program. Public resources: transportation of carbon dioxide.The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines that transport hazardous liquids. A person who willfully and knowingly violates the act or a regulation issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided. This bill would revise the definition of pipeline, for purposes of the act, to include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by April 1, 2026, to adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to certain draft regulations issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025. The bill would authorize the State Fire Marshal to amend those regulations, as provided. The bill would authorize the State Fire Marshal, for a pipeline transporting carbon dioxide, to order a pipeline shutdown for violations of state or federal laws, or if continued pipeline operations present an immediate danger to health, welfare, or the environment. Because the bill would expand the application of a crime to pipelines transporting carbon dioxide and because a violation of the regulations adopted by the State Fire Marshal related to pipelines transporting carbon dioxide would be a crime, this bill would impose a state-mandated local program.Existing law requires that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded its rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline.This bill would instead require that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project to comply with the regulations adopted by the State Fire Marshal.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the State Air Resources Board to establish a Carbon Capture, Removal, Utilization, and Storage Program to capture, remove, and store carbon dioxide, as provided. Existing law requires the state board, in tracking progress toward the states climate targets, to prevent the double counting of emissions reductions associated with using carbon dioxide that is captured or removed from the atmosphere.This bill would make a nonsubstantive change to the provision related to the double-counting provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 28, 2025
Amended IN Assembly March 28, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 881
Introduced by Assembly Member Petrie-NorrisFebruary 19, 2025
Introduced by Assembly Member Petrie-Norris
February 19, 2025
An act to amend Section 39741.1 of the Health and Safety Code, relating to air resources. An act to amend Section 51010.5 of, and to add Sections 51011.5 and 51018.9 to, the Government Code, and to repeal and add Section 71465 of the Public Resources Code, relating to public resources.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 881, as amended, Petrie-Norris. Carbon Capture, Removal, Utilization, and Storage Program. Public resources: transportation of carbon dioxide.
The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines that transport hazardous liquids. A person who willfully and knowingly violates the act or a regulation issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided. This bill would revise the definition of pipeline, for purposes of the act, to include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by April 1, 2026, to adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to certain draft regulations issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025. The bill would authorize the State Fire Marshal to amend those regulations, as provided. The bill would authorize the State Fire Marshal, for a pipeline transporting carbon dioxide, to order a pipeline shutdown for violations of state or federal laws, or if continued pipeline operations present an immediate danger to health, welfare, or the environment. Because the bill would expand the application of a crime to pipelines transporting carbon dioxide and because a violation of the regulations adopted by the State Fire Marshal related to pipelines transporting carbon dioxide would be a crime, this bill would impose a state-mandated local program.Existing law requires that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded its rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline.This bill would instead require that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project to comply with the regulations adopted by the State Fire Marshal.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the State Air Resources Board to establish a Carbon Capture, Removal, Utilization, and Storage Program to capture, remove, and store carbon dioxide, as provided. Existing law requires the state board, in tracking progress toward the states climate targets, to prevent the double counting of emissions reductions associated with using carbon dioxide that is captured or removed from the atmosphere.This bill would make a nonsubstantive change to the provision related to the double-counting provision.
The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines that transport hazardous liquids. A person who willfully and knowingly violates the act or a regulation issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided.
This bill would revise the definition of pipeline, for purposes of the act, to include intrastate pipelines used for the transportation of carbon dioxide. The bill would require the State Fire Marshal, by April 1, 2026, to adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to certain draft regulations issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025. The bill would authorize the State Fire Marshal to amend those regulations, as provided. The bill would authorize the State Fire Marshal, for a pipeline transporting carbon dioxide, to order a pipeline shutdown for violations of state or federal laws, or if continued pipeline operations present an immediate danger to health, welfare, or the environment. Because the bill would expand the application of a crime to pipelines transporting carbon dioxide and because a violation of the regulations adopted by the State Fire Marshal related to pipelines transporting carbon dioxide would be a crime, this bill would impose a state-mandated local program.
Existing law requires that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded its rulemaking regarding minimum federal safety standards for transportation of carbon dioxide by pipeline.
This bill would instead require that pipelines only be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project to comply with the regulations adopted by the State Fire Marshal.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the State Air Resources Board to establish a Carbon Capture, Removal, Utilization, and Storage Program to capture, remove, and store carbon dioxide, as provided. Existing law requires the state board, in tracking progress toward the states climate targets, to prevent the double counting of emissions reductions associated with using carbon dioxide that is captured or removed from the atmosphere.
This bill would make a nonsubstantive change to the provision related to the double-counting provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) The State of California has taken a role in fighting climate change through the enactment of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), Section 38562.2 of the Health and Safety Code, and Section 38566 of the Health and Safety Code, which establish a roadmap to reduce emissions of greenhouse gases and reach carbon neutrality by 2045.(2) The State Air Resources Board drafted the 2022 Scoping Plan for Achieving Carbon Neutrality, which lays out a path to reduce anthropogenic greenhouse gas emissions by 85 percent below 1990 levels no later than 2045.(3) After consulting with the scientific and academic communities around the world and receiving extensive public comments, the State Air Resources Board Scoping Plan included a target of capturing 20,000,000 metric tons of carbon dioxide equivalent (MMTCO2e) by 2030 and 100 MMTCO2e by 2045 to reach carbon neutrality.(4) The International Panel of Climate Change, Stanford University Precourt Institute for Energy, Lawrence Livermore Laboratories, Princeton University, the University of California at Berkeley and at Los Angeles, and others have conducted studies that found carbon capture and sequestration is needed to achieve carbon neutrality.(5) The academic studies and the states scientific-based scoping plan identify carbon capture as a critical tool and all agree that the technology should be used to complement the deployment of renewable resources and other emission reduction strategies.(6) Carbon capture and sequestration projects present the best opportunity to provide high road jobs to Californias skilled industrial workforce and California is home to some of the best geology to safely store carbon.(7) California has received funding through the federal government to deploy carbon capture projects and has the opportunity to draw down significant additional federal dollars through ongoing tax credits for projects that commence building by 2032.(b) It is the intent of the Legislature to establish a permitting process for the safe transport of carbon dioxide through pipelines consistent with the proposal submitted by Natural Resources Agency pursuant to Section 71465 of the Public Resources Code, as added by Chapter 359 of the Statutes of 2022, in a timely manner that will allow the state to use one-time and ongoing federal support to enable the state to meet its climate goals and provide for high-road jobs to support Californias skilled and trained workforce.SEC. 2. Section 51010.5 of the Government Code is amended to read: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 substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that 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 of these facilities in the state. Pipeline does not include any of the following:(1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) 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) Transportation of petroleum in onshore gathering lines located in rural areas.(4) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide 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.(5) Transportation of a hazardous liquid or carbon dioxide by a flow line.(6) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.(7) Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.(b) Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the well head wellhead 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 that 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 system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health 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 database 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 that is used or is usable for propelling motor vehicles operated by the explosion type engine. It Motor vehicle fuel 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.SEC. 3. Section 51011.5 is added to the Government Code, to read:51011.5. (a) (1) (A) On or before April 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).(B) The Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of regulations pursuant to subparagraph (A).(2) The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:(A) Pipeline design.(B) Fracture mechanics.(C) Pipeline materials.(D) Valve materials.(E) Conversion of existing pipelines.(F) Pipeline location.(G) Potential impact areas of a release.(H) Land movement.(I) Operation.(J) Odorant requirements.(K) Leak detection.(L) Emergency response.(M) Carbon dioxide contaminants.(N) Maintenance.(b) All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.SEC. 4. Section 51018.9 is added to the Government Code, to read:51018.9. For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.SEC. 5. Section 71465 of the Public Resources Code is repealed.71465.(a)Pipelines shall only be utilized to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.SEC. 6. Section 71465 is added to the Public Resources Code, to read:71465. Pipelines used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project shall comply with regulations adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 39741.1 of the Health and Safety Code is amended to read:39741.1.(a)The state board shall establish a Carbon Capture, Removal, Utilization, and Storage Program to do all of the following:(1)Evaluate the efficacy, safety, and viability of CCUS and CDR technologies and facilitate the capture and sequestration of carbon dioxide from these technologies, where appropriate.(2)Develop monitoring and reporting schedules to state regulatory agencies for carbon dioxide capture, removal, or sequestration projects to ensure efficacy, safety, and viability of the projects.(3)Ensure that all carbon dioxide capture, removal, or sequestration projects include the following, as appropriate:(A)Strategies to minimize, to the maximum extent technologically feasible, copollutant emissions from facilities where CCUS or CDR technology is deployed to ensure that the use of carbon dioxide removal technologies and carbon capture and storage technologies does not have an adverse impact on local air quality and public health, particularly in low-income and disadvantaged communities.(B)Strategies to ensure that carbon dioxide capture, removal, or sequestration projects minimize, to the maximum extent technologically feasible, local water pollution or air pollution from construction- and transportation-related impacts from the projects in communities adjacent to carbon dioxide capture, removal, or sequestration projects, including a geologic storage complex.(C)Strategies to minimize the risk of seismic impacts to, and from, geologic storage projects, including the risk of gas leakage due to seismic activity.(D)Monitoring and reporting of seismic activity related to geologic sequestration of carbon dioxide, and monitoring of sequestered carbon dioxide, including movement within the geologic storage complex, for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than 100 years after the last date of injection of carbon dioxide into a geologic storage reservoir. In adopting regulations pursuant to subdivision (c) that pertain to this subparagraph, the state board shall consult with the State Geologist.(E)Monitoring of criteria pollutants and potential toxic air contaminants at the one or more sites within the geologic storage complex and at mobile or fixed sites within the facility, and monitoring of ambient carbon dioxide concentrations over the geologic storage complex to facilitate leak detection. Monitoring required under this section shall continue for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than the completion of the applicable postinjection site care and site closure plan pursuant to Section 146.93 of Title 40 of the Code of Federal Regulations.(F)Projects meet best available control technology requirements as determined by the local air district.(b)In carrying out the objectives of the program, the state board shall prioritize the following:(1)Reducing the emissions of greenhouse gases.(2)Minimizing land use and potential environmental, noise, air quality, water quality, traffic, seismic, and other related impacts, and any potential health and safety risks, to all communities where CCUS and CDR technologies are deployed, and carbon dioxide capture, removal, or sequestration projects are located to the maximum extent feasible.(3)Maximizing workforce development and employment opportunities in each community where CCUS and CDR technologies are deployed, and carbon dioxide capture, removal, or sequestration projects are located, to the extent feasible.(4)Leveraging private funding sources and public-private partnership structures alongside potential state funding sources.(5)Reducing fossil fuel production in the state.(c)The state board shall adopt regulations to implement this section.(d)In developing the program, the state board shall consult with the Geologic Carbon Sequestration Group established pursuant to Section 2213 of the Public Resources Code.(e)In tracking progress toward the states climate targets, the state board shall prevent the double counting of emissions reductions associated with using carbon dioxide that is captured or removed from the atmosphere. The state board may use a state board-approved third-party verifier to satisfy this subdivision.(f)(1)Beginning January 1, 2025, and every two years thereafter, the state board shall report to the Legislature on the progress of the program. The report shall, at a minimum, include an evaluation of potential local environmental impacts and potential long-term leakage impacts as well as recommendations on measures to reduce these impacts of completed carbon dioxide capture, removal, or sequestration projects.(2)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the following:(1) The State of California has taken a role in fighting climate change through the enactment of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), Section 38562.2 of the Health and Safety Code, and Section 38566 of the Health and Safety Code, which establish a roadmap to reduce emissions of greenhouse gases and reach carbon neutrality by 2045.(2) The State Air Resources Board drafted the 2022 Scoping Plan for Achieving Carbon Neutrality, which lays out a path to reduce anthropogenic greenhouse gas emissions by 85 percent below 1990 levels no later than 2045.(3) After consulting with the scientific and academic communities around the world and receiving extensive public comments, the State Air Resources Board Scoping Plan included a target of capturing 20,000,000 metric tons of carbon dioxide equivalent (MMTCO2e) by 2030 and 100 MMTCO2e by 2045 to reach carbon neutrality.(4) The International Panel of Climate Change, Stanford University Precourt Institute for Energy, Lawrence Livermore Laboratories, Princeton University, the University of California at Berkeley and at Los Angeles, and others have conducted studies that found carbon capture and sequestration is needed to achieve carbon neutrality.(5) The academic studies and the states scientific-based scoping plan identify carbon capture as a critical tool and all agree that the technology should be used to complement the deployment of renewable resources and other emission reduction strategies.(6) Carbon capture and sequestration projects present the best opportunity to provide high road jobs to Californias skilled industrial workforce and California is home to some of the best geology to safely store carbon.(7) California has received funding through the federal government to deploy carbon capture projects and has the opportunity to draw down significant additional federal dollars through ongoing tax credits for projects that commence building by 2032.(b) It is the intent of the Legislature to establish a permitting process for the safe transport of carbon dioxide through pipelines consistent with the proposal submitted by Natural Resources Agency pursuant to Section 71465 of the Public Resources Code, as added by Chapter 359 of the Statutes of 2022, in a timely manner that will allow the state to use one-time and ongoing federal support to enable the state to meet its climate goals and provide for high-road jobs to support Californias skilled and trained workforce.
SECTION 1. (a) The Legislature finds and declares all of the following:(1) The State of California has taken a role in fighting climate change through the enactment of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), Section 38562.2 of the Health and Safety Code, and Section 38566 of the Health and Safety Code, which establish a roadmap to reduce emissions of greenhouse gases and reach carbon neutrality by 2045.(2) The State Air Resources Board drafted the 2022 Scoping Plan for Achieving Carbon Neutrality, which lays out a path to reduce anthropogenic greenhouse gas emissions by 85 percent below 1990 levels no later than 2045.(3) After consulting with the scientific and academic communities around the world and receiving extensive public comments, the State Air Resources Board Scoping Plan included a target of capturing 20,000,000 metric tons of carbon dioxide equivalent (MMTCO2e) by 2030 and 100 MMTCO2e by 2045 to reach carbon neutrality.(4) The International Panel of Climate Change, Stanford University Precourt Institute for Energy, Lawrence Livermore Laboratories, Princeton University, the University of California at Berkeley and at Los Angeles, and others have conducted studies that found carbon capture and sequestration is needed to achieve carbon neutrality.(5) The academic studies and the states scientific-based scoping plan identify carbon capture as a critical tool and all agree that the technology should be used to complement the deployment of renewable resources and other emission reduction strategies.(6) Carbon capture and sequestration projects present the best opportunity to provide high road jobs to Californias skilled industrial workforce and California is home to some of the best geology to safely store carbon.(7) California has received funding through the federal government to deploy carbon capture projects and has the opportunity to draw down significant additional federal dollars through ongoing tax credits for projects that commence building by 2032.(b) It is the intent of the Legislature to establish a permitting process for the safe transport of carbon dioxide through pipelines consistent with the proposal submitted by Natural Resources Agency pursuant to Section 71465 of the Public Resources Code, as added by Chapter 359 of the Statutes of 2022, in a timely manner that will allow the state to use one-time and ongoing federal support to enable the state to meet its climate goals and provide for high-road jobs to support Californias skilled and trained workforce.
SECTION 1. (a) The Legislature finds and declares all of the following:
### SECTION 1.
(1) The State of California has taken a role in fighting climate change through the enactment of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), Section 38562.2 of the Health and Safety Code, and Section 38566 of the Health and Safety Code, which establish a roadmap to reduce emissions of greenhouse gases and reach carbon neutrality by 2045.
(2) The State Air Resources Board drafted the 2022 Scoping Plan for Achieving Carbon Neutrality, which lays out a path to reduce anthropogenic greenhouse gas emissions by 85 percent below 1990 levels no later than 2045.
(3) After consulting with the scientific and academic communities around the world and receiving extensive public comments, the State Air Resources Board Scoping Plan included a target of capturing 20,000,000 metric tons of carbon dioxide equivalent (MMTCO2e) by 2030 and 100 MMTCO2e by 2045 to reach carbon neutrality.
(4) The International Panel of Climate Change, Stanford University Precourt Institute for Energy, Lawrence Livermore Laboratories, Princeton University, the University of California at Berkeley and at Los Angeles, and others have conducted studies that found carbon capture and sequestration is needed to achieve carbon neutrality.
(5) The academic studies and the states scientific-based scoping plan identify carbon capture as a critical tool and all agree that the technology should be used to complement the deployment of renewable resources and other emission reduction strategies.
(6) Carbon capture and sequestration projects present the best opportunity to provide high road jobs to Californias skilled industrial workforce and California is home to some of the best geology to safely store carbon.
(7) California has received funding through the federal government to deploy carbon capture projects and has the opportunity to draw down significant additional federal dollars through ongoing tax credits for projects that commence building by 2032.
(b) It is the intent of the Legislature to establish a permitting process for the safe transport of carbon dioxide through pipelines consistent with the proposal submitted by Natural Resources Agency pursuant to Section 71465 of the Public Resources Code, as added by Chapter 359 of the Statutes of 2022, in a timely manner that will allow the state to use one-time and ongoing federal support to enable the state to meet its climate goals and provide for high-road jobs to support Californias skilled and trained workforce.
SEC. 2. Section 51010.5 of the Government Code is amended to read: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 substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that 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 of these facilities in the state. Pipeline does not include any of the following:(1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) 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) Transportation of petroleum in onshore gathering lines located in rural areas.(4) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide 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.(5) Transportation of a hazardous liquid or carbon dioxide by a flow line.(6) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.(7) Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.(b) Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the well head wellhead 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 that 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 system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health 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 database 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 that is used or is usable for propelling motor vehicles operated by the explosion type engine. It Motor vehicle fuel 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.
SEC. 2. Section 51010.5 of the Government Code is amended to read:
### SEC. 2.
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 substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that 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 of these facilities in the state. Pipeline does not include any of the following:(1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) 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) Transportation of petroleum in onshore gathering lines located in rural areas.(4) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide 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.(5) Transportation of a hazardous liquid or carbon dioxide by a flow line.(6) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.(7) Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.(b) Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the well head wellhead 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 that 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 system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health 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 database 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 that is used or is usable for propelling motor vehicles operated by the explosion type engine. It Motor vehicle fuel 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.
51010.5. As used in this chapter, the following definitions apply:(a) Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that 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 of these facilities in the state. Pipeline does not include any of the following:(1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) 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) Transportation of petroleum in onshore gathering lines located in rural areas.(4) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide 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.(5) Transportation of a hazardous liquid or carbon dioxide by a flow line.(6) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.(7) Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.(b) Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the well head wellhead 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 that 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 system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health 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 database 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 that is used or is usable for propelling motor vehicles operated by the explosion type engine. It Motor vehicle fuel 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.
51010.5. As used in this chapter, the following definitions apply:(a) Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that 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 of these facilities in the state. Pipeline does not include any of the following:(1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) 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) Transportation of petroleum in onshore gathering lines located in rural areas.(4) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide 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.(5) Transportation of a hazardous liquid or carbon dioxide by a flow line.(6) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.(7) Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.(b) Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the well head wellhead 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 that 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 system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health 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 database 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 that is used or is usable for propelling motor vehicles operated by the explosion type engine. It Motor vehicle fuel 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.
51010.5. As used in this chapter, the following definitions apply:
(a) Pipeline includes every intrastate pipeline used for the transportation of hazardous liquid substances substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that 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 of these facilities in the state. Pipeline does not include any of the following:
(1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) 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) Transportation of petroleum in onshore gathering lines located in rural areas.
(4) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide 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.
(5) Transportation of a hazardous liquid or carbon dioxide by a flow line.
(6) A pipeline for the transportation of a hazardous liquid substance or carbon dioxide through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility.
(7) Transportation of a hazardous liquid substance or carbon dioxide by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids or carbon dioxide between those modes of transportation.
(b) Flow line means a pipeline that transports hazardous liquid substances or carbon dioxide from the well head wellhead 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 that 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 system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health 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 database 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 that is used or is usable for propelling motor vehicles operated by the explosion type engine. It Motor vehicle fuel 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.
SEC. 3. Section 51011.5 is added to the Government Code, to read:51011.5. (a) (1) (A) On or before April 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).(B) The Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of regulations pursuant to subparagraph (A).(2) The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:(A) Pipeline design.(B) Fracture mechanics.(C) Pipeline materials.(D) Valve materials.(E) Conversion of existing pipelines.(F) Pipeline location.(G) Potential impact areas of a release.(H) Land movement.(I) Operation.(J) Odorant requirements.(K) Leak detection.(L) Emergency response.(M) Carbon dioxide contaminants.(N) Maintenance.(b) All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.
SEC. 3. Section 51011.5 is added to the Government Code, to read:
### SEC. 3.
51011.5. (a) (1) (A) On or before April 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).(B) The Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of regulations pursuant to subparagraph (A).(2) The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:(A) Pipeline design.(B) Fracture mechanics.(C) Pipeline materials.(D) Valve materials.(E) Conversion of existing pipelines.(F) Pipeline location.(G) Potential impact areas of a release.(H) Land movement.(I) Operation.(J) Odorant requirements.(K) Leak detection.(L) Emergency response.(M) Carbon dioxide contaminants.(N) Maintenance.(b) All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.
51011.5. (a) (1) (A) On or before April 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).(B) The Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of regulations pursuant to subparagraph (A).(2) The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:(A) Pipeline design.(B) Fracture mechanics.(C) Pipeline materials.(D) Valve materials.(E) Conversion of existing pipelines.(F) Pipeline location.(G) Potential impact areas of a release.(H) Land movement.(I) Operation.(J) Odorant requirements.(K) Leak detection.(L) Emergency response.(M) Carbon dioxide contaminants.(N) Maintenance.(b) All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.
51011.5. (a) (1) (A) On or before April 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).(B) The Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of regulations pursuant to subparagraph (A).(2) The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:(A) Pipeline design.(B) Fracture mechanics.(C) Pipeline materials.(D) Valve materials.(E) Conversion of existing pipelines.(F) Pipeline location.(G) Potential impact areas of a release.(H) Land movement.(I) Operation.(J) Odorant requirements.(K) Leak detection.(L) Emergency response.(M) Carbon dioxide contaminants.(N) Maintenance.(b) All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.
51011.5. (a) (1) (A) On or before April 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are equivalent to the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations).
(B) The Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the adoption of regulations pursuant to subparagraph (A).
(2) The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following:
(A) Pipeline design.
(B) Fracture mechanics.
(C) Pipeline materials.
(D) Valve materials.
(E) Conversion of existing pipelines.
(F) Pipeline location.
(G) Potential impact areas of a release.
(H) Land movement.
(I) Operation.
(J) Odorant requirements.
(K) Leak detection.
(L) Emergency response.
(M) Carbon dioxide contaminants.
(N) Maintenance.
(b) All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal.
SEC. 4. Section 51018.9 is added to the Government Code, to read:51018.9. For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
SEC. 4. Section 51018.9 is added to the Government Code, to read:
### SEC. 4.
51018.9. For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
51018.9. For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
51018.9. For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
51018.9. For a pipeline transporting carbon dioxide, the State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment.
SEC. 5. Section 71465 of the Public Resources Code is repealed.71465.(a)Pipelines shall only be utilized to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 5. Section 71465 of the Public Resources Code is repealed.
### SEC. 5.
71465.(a)Pipelines shall only be utilized to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
(a)Pipelines shall only be utilized to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project once the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property.
(b)The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible.
SEC. 6. Section 71465 is added to the Public Resources Code, to read:71465. Pipelines used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project shall comply with regulations adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
SEC. 6. Section 71465 is added to the Public Resources Code, to read:
### SEC. 6.
71465. Pipelines used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project shall comply with regulations adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
71465. Pipelines used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project shall comply with regulations adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
71465. Pipelines used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project shall comply with regulations adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
71465. Pipelines used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project shall comply with regulations adopted by the State Fire Marshal pursuant to Section 51011.5 of the Government Code.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 7.
(a)The state board shall establish a Carbon Capture, Removal, Utilization, and Storage Program to do all of the following:
(1)Evaluate the efficacy, safety, and viability of CCUS and CDR technologies and facilitate the capture and sequestration of carbon dioxide from these technologies, where appropriate.
(2)Develop monitoring and reporting schedules to state regulatory agencies for carbon dioxide capture, removal, or sequestration projects to ensure efficacy, safety, and viability of the projects.
(3)Ensure that all carbon dioxide capture, removal, or sequestration projects include the following, as appropriate:
(A)Strategies to minimize, to the maximum extent technologically feasible, copollutant emissions from facilities where CCUS or CDR technology is deployed to ensure that the use of carbon dioxide removal technologies and carbon capture and storage technologies does not have an adverse impact on local air quality and public health, particularly in low-income and disadvantaged communities.
(B)Strategies to ensure that carbon dioxide capture, removal, or sequestration projects minimize, to the maximum extent technologically feasible, local water pollution or air pollution from construction- and transportation-related impacts from the projects in communities adjacent to carbon dioxide capture, removal, or sequestration projects, including a geologic storage complex.
(C)Strategies to minimize the risk of seismic impacts to, and from, geologic storage projects, including the risk of gas leakage due to seismic activity.
(D)Monitoring and reporting of seismic activity related to geologic sequestration of carbon dioxide, and monitoring of sequestered carbon dioxide, including movement within the geologic storage complex, for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than 100 years after the last date of injection of carbon dioxide into a geologic storage reservoir. In adopting regulations pursuant to subdivision (c) that pertain to this subparagraph, the state board shall consult with the State Geologist.
(E)Monitoring of criteria pollutants and potential toxic air contaminants at the one or more sites within the geologic storage complex and at mobile or fixed sites within the facility, and monitoring of ambient carbon dioxide concentrations over the geologic storage complex to facilitate leak detection. Monitoring required under this section shall continue for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than the completion of the applicable postinjection site care and site closure plan pursuant to Section 146.93 of Title 40 of the Code of Federal Regulations.
(F)Projects meet best available control technology requirements as determined by the local air district.
(b)In carrying out the objectives of the program, the state board shall prioritize the following:
(1)Reducing the emissions of greenhouse gases.
(2)Minimizing land use and potential environmental, noise, air quality, water quality, traffic, seismic, and other related impacts, and any potential health and safety risks, to all communities where CCUS and CDR technologies are deployed, and carbon dioxide capture, removal, or sequestration projects are located to the maximum extent feasible.
(3)Maximizing workforce development and employment opportunities in each community where CCUS and CDR technologies are deployed, and carbon dioxide capture, removal, or sequestration projects are located, to the extent feasible.
(4)Leveraging private funding sources and public-private partnership structures alongside potential state funding sources.
(5)Reducing fossil fuel production in the state.
(c)The state board shall adopt regulations to implement this section.
(d)In developing the program, the state board shall consult with the Geologic Carbon Sequestration Group established pursuant to Section 2213 of the Public Resources Code.
(e)In tracking progress toward the states climate targets, the state board shall prevent the double counting of emissions reductions associated with using carbon dioxide that is captured or removed from the atmosphere. The state board may use a state board-approved third-party verifier to satisfy this subdivision.
(f)(1)Beginning January 1, 2025, and every two years thereafter, the state board shall report to the Legislature on the progress of the program. The report shall, at a minimum, include an evaluation of potential local environmental impacts and potential long-term leakage impacts as well as recommendations on measures to reduce these impacts of completed carbon dioxide capture, removal, or sequestration projects.
(2)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.