Chapter 5.5 - The Elder California Pipeline Safety Act Of 1981

California Government Code — §§ 51010-51019.1

Showing inline text for up to 20 sections. Open a section link to read its full text.

Sections (37)

Amended by Stats. 2025, Ch. 529, Sec. 2. (SB 614) Effective January 1, 2026.

It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification.

§ 51010.5

Amended by Stats. 2025, Ch. 529, Sec. 3. (SB 614) Effective January 1, 2026.

As used in this chapter, the following definitions apply:

(a)“Pipeline” includes every intrastate pipeline used for the transportation of hazardous liquid 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 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 by a flow line.

(6)A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility,

including a storage or inplant piping system associated with that facility.

(7)Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation.

(8)Transportation of carbon dioxide through piping or equipment used in the production, including flow lines, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide necessary for the preparation of carbon dioxide for transportation by pipeline at production, including flow lines, refining, or manufacturing facilities.

(b)“Emergency planning zone” means the area within two miles of either side of a pipeline used to transport carbon dioxide, measured from the centerline of the pipeline.

(c)“Flow line” means a pipeline that transports hazardous liquid substances from the wellhead to a treating facility or production storage facility.

(d)“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.

(e)“Local agency” means a city, county, or fire protection district.

(f)“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.

(g)“Gathering line” means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility.

(h)“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.

(i)“Public drinking water well” means a wellhead that provides drinking water to a public water system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code.

(j)“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.

(k)“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, that is used or is usable for propelling motor vehicles operated by the explosion type engine. “Motor vehicle fuel” does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form.

(l)“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.

(m)(1) “Sensitive receptor” means any of the following:

(A) An education facility, including a preschool, school with transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, daycare center, park, playground, college, or university.

(B) A community resource center, including a youth center.

(D) Live-in housing, including a long-term care hospital, hospice, prison, detention center, or dormitory.

(E) A residence, including a private home, condominium, apartment, and living quarter.

(F) A building that is a business that is open to the public.

(2)A sensitive receptor does not include a facility or building set forth in paragraph (1) that is not certified for occupancy or has been abandoned.

§ 51010.6

Amended by Stats. 2022, Ch. 536, Sec. 3. (AB 2931) Effective January 1, 2023.

Notwithstanding Section 51010.5, that portion of an interstate pipeline that is located within this state and is subject to an agreement between the United States Secretary of Transportation and the State Fire Marshal is subject to the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.).

§ 51011

Amended by Stats. 2022, Ch. 536, Sec. 4. (AB 2931) Effective January 1, 2023.

(a)The State Fire Marshal shall adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, including, but not limited to, compliance orders, penalties, and inspection and maintenance provisions, and including amendments to those laws and regulations that may be hereafter enacted and adopted. Regulations adopting the minimum standards for hazardous liquid pipelines contained in the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.), and Title 49 of the Code of Federal Regulations, by the State Fire Marshal are exempt from the procedures specified in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2, except that those regulations shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations.

(b)The State Fire Marshal may exempt the application of regulations adopted pursuant to this section to any pipeline, or portion thereof, when it is determined that the risk to public safety is slight and the probability of injury

or damage remote.

(c)Notification of exemptions shall be written, and shall include a discussion of those factors that the State Fire Marshal considers significant to the granting of the exemption.

§ 51011.5

Added by Stats. 2025, Ch. 529, Sec. 4. (SB 614) Effective January 1, 2026.

(a)(1) (A) On or before July 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are, at a minimum, as protective as 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) (i) Regulations adopted pursuant to this section, or any amendment to those

regulations, shall be adopted by the Office of the State Fire Marshal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the State Fire Marshal.

(ii) Regulations adopted pursuant to this section, or any amendment to those regulations, shall not be considered major regulations as defined in Section 11342.548.

(iii) Regulations adopted pursuant to this section, or any amendment to those regulations, is exempt from the requirements of Section 11346.36

and related laws and regulations for a standardized regulatory impact analysis.

(C) The State Fire Marshal shall consider the use of odorants and shall require the use of odorants if it finds the use of an odorant is feasible, safe, and effective.

(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)Pipeline

location.

(F)Potential impact areas of a release.

(G)Land movement.

(H)Operation.

(I)Odorant requirements.

(J)Leak detection.

(K)Emergency response.

(L)Carbon dioxide contaminants.

(M)Maintenance.

(b)(1) 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.

(2)A pipeline transporting carbon dioxide within a single facility or property and whose construction is permitted before July 1, 2025, shall not be required to subsequently comply with those regulations that pertain to design and construction if the pipeline is constructed to meet the standards of 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).

(c)At least once every five years, the State Fire Marshal shall assess the safety standards specified in subdivision (b) and may amend the regulations to update safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines.

(d)A pipeline originally constructed to transport any other liquid or gas shall not be approved to transport carbon dioxide.

(e)A pipeline transporting carbon dioxide shall not be constructed of previously used pipe or components.

§ 51011.6

Added by Stats. 2025, Ch. 529, Sec. 5. (SB 614) Effective January 1, 2026.

(a)An operator shall not be permitted to construct a pipeline to transport carbon dioxide in a location where one or more sensitive receptors are located within the emergency planning zone unless an analysis based on validated, engineering-based computational fluid dynamics modeling that assesses the potential for one or more sensitive receptors to be harmed by exposure to carbon dioxide from a pipeline rupture determines that the risk of exposure to carbon dioxide is within an acceptable range as determined by the lead agency, as defined in Section 21067 of the Public Resources Code.

(b)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the State Fire Marshal

shall not be considered a lead agency for a project that includes the construction of a pipeline to transport carbon dioxide.

§ 51012

Amended by Stats. 1989, Ch. 1252, Sec. 1.

The State Fire Marshal shall establish a Pipeline Safety Advisory Committee for purposes of informing local agencies and every pipeline operator of changes in applicable laws and regulations affecting the operations of pipelines and reviewing proposed hazardous liquid pipeline safety regulations adopted pursuant to Section 51011.

The committee shall be composed of eight members of whom two shall represent pipeline operators, three shall represent local agencies, one shall be a fire chief, and two shall be public members. The committee shall meet when requested by the State Fire Marshal, but not less than once a year. The members shall be paid expenses and one hundred dollars ($100) per diem for each meeting.

§ 51012.4

Added by Stats. 1996, Ch. 973, Sec. 2. Effective January 1, 1997.

(a)Notwithstanding any other provision of this chapter, including, but not limited to, Section 51012.3, each pipeline operator shall file with the State Fire Marshal, on or before July 1, 2000, an inspection, maintenance, improvement, or replacement assessment for the following:

(1)Any pipeline or pipeline segments built before January 1, 1960.

(2)Any pipeline installed on or after January 1, 1960, for which regular internal inspections cannot be conducted, or which shows diminished integrity due to corrosion or inadequate cathodic protection.

(b)When preparing any assessment required by subdivision (a), the operator shall give priority to older pipelines located in densely populated areas, pipelines with a high-leak history, pipelines located near existing seismic fault lines, or, pipelines in areas with identified ground formations.

(c)On or before January 1, 1998, the State Fire Marshal, in consultation with the Pipeline Safety Advisory Committee and pipeline operators, shall establish evaluation criteria for use by a pipeline operator when conducting any assessment required by subdivision (a).

(d)A pipeline inspection, maintenance, improvement, or replacement assessment developed pursuant to this section may incorporate any information on regulatory requirements or existing public policies that could act as barriers to the inspection, maintenance, improvement, or replacement of pipelines, including, but not limited to, findings from the studies required pursuant to Section 51015.05.

(e)Nothing in this section is intended to require the replacement of a pipeline.

§ 51013

Amended by Stats. 1989, Ch. 1277, Sec. 3.

(a)Any new pipeline constructed after January 1, 1984, and which normally operates under conditions of constant flow and pressure, shall be designed and constructed in accordance with Subparts C and D of Part 195 of Title 49 of the Code of Federal Regulations, and shall include a means of leak detection and cathodic protection which the State Fire Marshal determines is acceptable, except that any pipeline which transports by gravity or operates at a stress level of 20 percent or less of the specified minimum yield strength of the pipe shall meet these design and construction requirements on or before January 1, 1991.

(b)Any new pipeline on which construction begins after January 1, 1990, shall be designed to accommodate the passage of instrumented internal inspection devices, and shall have leak mitigation and emergency response plans and equipment as the State Fire Marshal may require. Any repairs to existing pipelines which can accommodate instrumented internal inspection devices shall be done in a manner not to interfere with the passage of these devices.

(c)Subdivision (a) does not apply to the replacement of valves and the relocation or replacement of portions of pipelines.

(d)For pipelines which cannot accommodate internal inspection devices, replacements of portions of the pipe shall be done in a manner consistent, to the extent practicable, with the eventual accommodation of instrumented internal inspection devices.

§ 51013.1

Amended by Stats. 2016, Ch. 341, Sec. 1. (SB 840) Effective September 13, 2016.

(a)By January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone shall use best available technology, including, but not limited to, the installation of leak detection technology, automatic shutoff systems, or remote controlled sectionalized block valves, or any combination of these technologies, based on a risk analysis conducted by the operator, to reduce the amount of oil released in an oil spill to protect state waters and wildlife.

(b)(1) By July 1, 2018, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone shall submit a plan to retrofit, by January 1, 2020, existing

pipelines near environmentally and ecologically sensitive areas in the coastal zone with the best available technology, including, but not limited to, installation of leak detection technologies, automatic shutoff systems, or remote controlled sectionalized block valves, or any combination of these technologies, based on a risk analysis conducted by the operator to reduce the amount of oil released in an oil spill to protect state waters and wildlife.

(2)An operator may request confidential treatment of information submitted in the plan required by paragraph (1) or contained in any documents associated with the risk analysis described in this section, including, but not limited to, information regarding the proposed location of automatic shutoff valves or remote controlled sectionalized block valves.

(c)The State Fire Marshal shall adopt regulations pursuant to this section by

July 1, 2017. The regulations shall include, but not be limited to, all of the following:

(1)A definition of automatic shutoff systems.

(2)A process to assess the adequacy of the operator’s risk analysis.

(3)A process by which an operator may request confidential treatment of information submitted in the plan required by paragraph (1) of subdivision (b) or contained in any documents associated with the risk analysis described in this section.

(4)A determination of how near to an environmentally and ecologically sensitive area a pipeline must be to be subject to the requirements of this section based on the likelihood of the pipeline impacting those areas.

(d)An operator of a pipeline

near environmentally and ecologically sensitive areas in the coastal zone shall notify the Office of the State Fire Marshal of any new construction or retrofit of pipeline in these waters.

(e)For purposes of implementing this section, the State Fire Marshal shall consult with the Office of Spill Prevention and Response about the potential impacts to state water and wildlife.

(f)For purposes of this section, “environmentally and ecologically sensitive areas” is the same term as described in subdivision (d) of Section 8574.7.

(g)(1) For purposes of this section, “best available technology” means technology that provides the greatest degree of protection by limiting the quantity of release in the event of a spill, taking into consideration whether the processes are currently in use and could be

purchased anywhere in the world.

(2)The State Fire Marshal shall determine what is the best available technology and shall consider the effectiveness and engineering feasibility of the technology when making this determination.

(h)For the purposes of this section, “oil” means hazardous liquid as defined in Section 195.2 of Title 49 of the Code of Federal Regulations.

§ 51013.5

Amended by Stats. 1991, Ch. 395, Sec. 2.

(a)Every newly constructed pipeline, existing pipeline, or part of a pipeline system that has been relocated or replaced, and every pipeline that transports a hazardous liquid substance or highly volatile liquid substance, shall be tested in accordance with Subpart E (commencing with Section 195.300) of Part 195 of Title 49 of the Code of Federal Regulations.

(b)Every pipeline not provided with properly sized automatic pressure relief devices or properly designed pressure limiting devices shall be hydrostatically tested annually.

(c)Every pipeline over 10 years of age and not provided with effective cathodic protection shall be hydrostatically tested every three years, except for those on the State Fire Marshal’s list of higher risk pipelines, which shall be hydrostatically tested annually.

(d)Every pipeline over 10 years of age and provided with effective cathodic protection shall be hydrostatically tested every five years, except for those on the State Fire Marshal’s list of higher risk pipelines which shall be hydrostatically tested every two years.

(e)Piping within a refined products bulk loading facility served by pipeline shall be tested hydrostatically at 125 percent of maximum allowable operating pressure utilizing the product ordinarily transported in that piping if that piping is operated at a stress level of 20 percent or less of the specified minimum yield strength of the pipe. The frequency for pressure testing these pipelines shall be every five years for those pipelines with effective cathodic protection and every three years for those pipelines without effective cathodic protection. If that piping is observable, visual inspection may be the method of testing.

(f)Beginning on July 1, 1990, and continuing until the regulations adopted by the State Fire Marshal pursuant to subdivision (g) take effect, each pipeline within the State Fire Marshal’s jurisdiction which satisfies any of the following sets of criteria shall be placed on the State Fire Marshal’s list of higher risk pipelines until five years pass without a reportable leak due to corrosion or defect on that pipeline. Initially, pipelines on that list shall be tested by the next scheduled test date, or within two years of being placed on the list, whichever is first. On July 1, 1990, pipeline operators shall provide the State Fire Marshal with a list of all their pipelines which satisfy the criteria in this subdivision as of July 1, 1990. If any pipeline becomes eligible for the list of higher risk pipelines after that date, the pipeline company shall report that fact to the State Fire Marshal within 30 days, and the pipeline shall be placed on the list retroactively to the date on which it became eligible for listing. Pipelines which are found to belong on the list, but are not so reported by the operator to the State Fire Marshal, shall be placed on the list retroactively. Operators failing to properly report their pipelines shall be subject to penalties under Section 51018.6. Pipelines not covered under the risk criteria developed pursuant to subdivision (g) shall be deleted from the list when regulations are adopted pursuant to that subdivision. For purposes of this subdivision, a leak which is traceable to an external force, but for which corrosion is partly responsible, shall be deemed caused by corrosion, “defect” refers to manufacturing or construction defects, and “leak” or “reportable leak” means a rupture required to be reported pursuant to Section 51018. As long as all pipelines are tested in their entirety at least as frequently as standard risk pipelines under subdivisions (c) and (d), it shall suffice for additional tests on higher risk pipelines to cover 20 pipeline miles in all directions along an operator’s pipeline from the position of the leak or leaks which led to the inclusion or retention of that pipeline on the higher risk list. The interim list shall include pipelines which meet any of the following criteria:

(1)Have suffered two or more reportable leaks, not including leaks during a certified hydrostatic pressure test, due to corrosion or defect in the prior three years.

(2)Have suffered three or more reportable leaks, not including leaks during a certified hydrostatic pressure test, due to corrosion, defects, or external forces, but not all due to external forces, in the prior three years.

(3)Have suffered a reportable leak, except during a certified hydrostatic pressure test, due to corrosion or defect of more than 50,000 gallons, or 10,000 gallons in a standard metropolitan statistical area, in the prior three years; or have suffered a leak due to corrosion or defect which the State Fire Marshal finds has resulted in more than 42 gallons of a hazardous liquid within the State Fire Marshal’s jurisdiction entering a waterway in the prior three years; or have suffered a reportable leak of a hazardous liquid with a flashpoint of less than 140 degrees Fahrenheit, or 60 degrees centigrade, in the prior three years.

(4)Are less than 50 miles long, and have experienced a reportable leak, except during a certified hydrostatic pressure test, due to corrosion or a defect in the prior three years. For the purposes of this paragraph, the length of a pipeline with more than two termini shall be the longest distance between two termini along the pipeline.

(5)Have experienced a reportable leak in the prior five years due to corrosion or defect, except during a certified hydrostatic pressure test, on a section of pipe more than 50 years old. For pipelines which fall in this category, and no other category of higher risk pipeline, additional tests required by this subdivision shall be required only on segments of the pipe more than 50 years old as long as all pipe more than 50 years old which is within 20 pipeline miles from the leak in all directions along an operator’s pipeline is tested.

(g)The State Fire Marshal shall study indicators and precursors of serious pipeline accidents, and, in consultation with the Pipeline Safety Advisory Committee, shall develop criteria for identifying which hazardous liquid pipelines pose the greatest risk to people and the environment due to the likelihood of, and likely seriousness of, an accident due to corrosion or defect. The study shall give due consideration to research done by the industry, the federal government, academia, and to any other information which the State Fire Marshal shall deem relevant, including, but not limited to, recent leak history, pipeline location, and materials transported. Beginning January 1, 1992, using the criteria identified in that study, the State Fire Marshal shall maintain a list of higher risk pipelines, which exceed a standard of risk to be determined by the State Fire Marshal, and which shall be tested as required in subdivisions (c) and (d) as long as they remain on the list. By January 1, 1992, after public hearings, the State Fire Marshal shall adopt regulations to implement this subdivision.

(h)In addition to the requirements of subdivisions (a) to (e), inclusive, the State Fire Marshal may require any pipeline subject to this chapter to be subjected to a pressure test, or any other test or inspection, at any time, in the interest of public safety.

(i)Test methods other than the hydrostatic tests required by subdivisions (b), (c), (d), and (e), including inspection by instrumented internal inspection devices, may be approved by the State Fire Marshal on an individual basis. If the State Fire Marshal approves an alternative to a pressure test in an individual case, the State Fire Marshal may require that the alternative test be given more frequently than the testing frequencies specified in subdivisions (b), (c), (d), and (e).

(j)The State Fire Marshal shall adopt regulations before January 1, 1992, to establish what the State Fire Marshal deems to be an appropriate frequency for tests and inspections, including instrumented internal inspections, which, when permitted as a substitute for tests required under subdivisions (b), (c), and (d), do not damage pipelines or require them to be shut down for the testing period. That testing shall in no event be less frequent than is required by subdivisions (b), (c), and (d). Each time one of these tests is required on a pipeline, it shall be approved on the same individual basis as under subdivision (i). If it is not approved, a hydrostatic test shall be carried out at the time the alternative test would have been carried out, and subsequent tests shall be carried out in accordance with the time intervals prescribed by subdivision (b), (c), or (d), as applicable.

§ 51014

Amended by Stats. 2022, Ch. 536, Sec. 6. (AB 2931) Effective January 1, 2023.

(a)The pressure tests required by subdivisions (b), (c), and (d) of Section 51013.5 shall be conducted in accordance with Subpart E (commencing with Section 195.300) of Part 195 of Title 49 of the Code of Federal Regulations, except that an additional four-hour leak test, as specified in Section 195.302(c) of Title 49 of the Code of Federal Regulations, shall not be required under subdivisions (b), (c), and (d) of Section 51013.5. The State Fire Marshal may authorize the use of liquid petroleum having a flashpoint over 140 degrees Fahrenheit or 60 degrees Centigrade as the test medium. The State Fire Marshal shall make these authorizations in writing.

(b)Test pressure shall be at least 125 percent of the actual pipeline operating pressure.

§ 51014.1

Added by Stats. 2025, Ch. 118, Sec. 4. (SB 237) Effective January 1, 2026.

(a)Any existing oil pipeline that is six inches or larger that has been idle, inactive, or out of service for five years or more, shall not be restarted without passing a spike hydrostatic testing program.

(b)(1) (A) The hydrostatic spike test shall be at least 139 percent of the maximum operating pressure of the pipeline and shall not exceed 80 percent of the specific minimum yield strength, as determined appropriate by the State Fire Marshal.

(B) Notwithstanding subparagraph (A), at the operator’s request, the minimum hydrostatic spike test pressure may be lower than 100 percent of

the specified minimum yield strength if the maximum operating pressure of the pipeline is correspondingly reduced.

(i)Pursuant to this subparagraph the hydrostatic spike test shall be at least 139 percent of the reduced maximum operating pressure of the pipeline, as determined appropriate by the State Fire Marshal.

(ii) The hydrostatic spike test shall be performed in segments to ensure every elevation point is tested.

(2)If the specified minimum yield strength is unknown, the specified minimum yield strength shall be determined pursuant to Section 195.106(b) of Title 49 of the Code of Federal Regulations before performing the hydrostatic spike test.

(c)The hydrostatic spike test shall be no more than 15 minutes, and be immediately followed by a hydrostatic test, which shall be held for a minimum of eight hours and meet the requirements of the State Fire Marshal.

(d)The hydrostatic and hydrostatic spike test shall be performed in segments to ensure every elevation point is tested.

(e)All tests shall be performed by a qualified testing company that is compliant with this chapter, as determined by the State Fire Marshal.

(f)The Office of the State Fire Marshal shall promulgate regulations as necessary to implement this section.

(g)The requirements of this section shall become operative

upon the effective date of this statute.

(h)The State Fire Marshal shall post on its public internet website information fully characterizing the parameters and results of each hydrostatic spike test performed, subject to any such information deemed confidential and proprietary, no less than 30 calendar days after each hydrostatic spike test is conducted pursuant to this section.

§ 51014.3

Amended by Stats. 1989, Ch. 1277, Sec. 5.5.

(a)Each pipeline operator shall notify the State Fire Marshal and the local fire department having fire suppression responsibilities at least three working days prior to conducting a hydrostatic test which is required by this chapter. The notification shall include all of the following information:

(1)The name, address, and telephone number of the pipeline operator.

(2)The specific location of the pipeline section to be tested and the location of the test equipment.

(3)The date and time the test is to be conducted.

(4)An invitation and a telephone number for local fire departments to call for further information on what they should do in the event of a leak during testing.

(5)The test medium.

(6)The name and telephone number of the independent testing firm or person responsible for certification of the test results.

(b)The State Fire Marshal may observe tests conducted pursuant to this chapter.

§ 51014.5

Amended by Stats. 1988, Ch. 995, Sec. 3.

(a)When hydrostatic testing is required by Section 51013.5, the test results shall be certified by an independent testing firm or person who is selected from a list, provided by the State Fire Marshal, of independent testing firms or persons approved annually by the State Fire Marshal. The State Fire Marshal may charge a fee for consideration and approval of an independent testing firm or person pursuant to this subdivision, not to exceed the reasonable costs of that consideration and approval.

(b)The results of the tests required by Section 51013.5 shall be submitted by the independent testing firm or person within 30 days after completion of the test to the State Fire Marshal, who may review the results. The report shall show all of the following information:

(1)The date of the test.

(2)A description of the pipeline tested including a map of suitable scale showing the route of the pipeline.

(3)The results of the test.

(4)Any other test information that may be specifically requested by the State Fire Marshal.

(c)The State Fire Marshal shall not supervise, control, or otherwise direct the testing.

§ 51014.6

Amended by Stats. 1986, Ch. 1401, Sec. 5.

(a)Effective January 1, 1987, no person, other than the pipeline operator, shall do any of the following with respect to any pipeline easement:

(1)Build, erect, or create a structure or improvement within the pipeline easement or permit the building, erection, or creation thereof.

(2)Build, erect, or create a structure, fence, wall, or obstruction adjacent to any pipeline easement which would prevent complete and unimpaired surface access to the easement, or permit the building, erection, or creation thereof.

(b)No shrubbery or shielding shall be installed on the pipeline easement which would impair aerial observation of the pipeline easement. This subdivision does not prevent the revegetation of any landscape disturbed within a pipeline easement as a result of constructing the pipeline and does not prevent the holder of the underlying fee interest or the holder’s tenant from planting and harvesting seasonal agricultural crops on a pipeline easement.

(c)This section does not prohibit a pipeline operator from performing any necessary activities within a pipeline easement, including, but not limited to, the construction, replacement, relocation, repair, or operation of the pipeline.

§ 51015

Amended by Stats. 2022, Ch. 536, Sec. 7. (AB 2931) Effective January 1, 2023.

(a)A pipeline operator shall provide to the fire department having fire suppression responsibilities a map or suitable diagram showing the location of the pipeline, a description of all products transported within the pipeline, and a contingency plan for pipeline emergencies that shall include, but not be limited to, any reasonable information that the State Fire Marshal may require.

(b)The State Fire Marshal, for purposes of carrying out the requirements of state or federal law relating to hazardous liquid pipeline safety, including, but not limited to, developing or assisting in the development of pipeline standards or regulations, determining

compliance with this chapter, or carrying out any requirement of this chapter, may require the owner or operator of a pipeline to do the following:

(1)Establish and maintain records specified by the State Fire Marshal.

(2)Make reports pursuant to methods and in a manner specified by the State Fire Marshal.

(3)Provide any information that the State Fire Marshal may reasonably require, including, but not limited to, maps, written procedures, accident reporting, or information on design, construction, testing, or operation and maintenance.

(c)The State Fire Marshal, or an officer or employee authorized by the State Fire

Marshal, at any reasonable time, upon presentation of credentials, shall have a right of entry to, upon, or through any premises on which records, reports, or any other information required to be maintained pursuant to this chapter are located and may access and copy those records, reports, or other information.

(d)The State Fire Marshal may disclose records, reports, or other information required to be maintained pursuant to this chapter to an officer, employee, or authorized representative of the state or the United States for purposes of carrying out the requirements of this chapter or the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec.

60101 et seq.), or when relevant to a proceeding pursuant to this chapter.

(e)A pipeline operator shall offer to meet with the local fire department having fire suppression responsibilities at least once each calendar year to discuss and review contingency plans for pipeline emergencies.

§ 51015.05

Amended by Stats. 2022, Ch. 536, Sec. 8. (AB 2931) Effective January 1, 2023.

(a)The State Fire Marshal shall establish and maintain a centralized database containing information and data regarding the following intrastate pipelines:

(1)Pipelines used for the transportation of crude oil that operate by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe.

(2)Pipelines used for the transportation of petroleum in onshore gathering lines located in rural areas.

(b)The database shall include, but is not limited to, an inventory of the

pipelines described in subdivision (a), including pipeline locations, ownership, ages, and inspection histories, that are in the possession of the owner or operator of the oil field or other gas facility.

(c)The State Fire Marshal shall regularly update the database and shall make the information in the database available to the public, and to all local, state, and federal agencies.

(d)A state or local governmental agency that regulates, supervises, or exerts authority over a pipeline described in subdivision (a) shall report any information or data specified in subdivision (b) in its possession to the State Fire Marshal. That information shall be submitted to the State Fire Marshal in a computer compatible format.

(e)The State Fire Marshal shall conduct a study of the fitness and safety of all pipelines described in subdivision (a), and investigate incentive options that would encourage pipeline replacement or improvements, including, but not limited to, a review of existing regulatory, permit, and environmental impact report requirements and other existing public policies, as may be identified by the Pipeline Safety Advisory Committee and adopted by the State Fire Marshal, that could act as barriers to the replacement or improvement of those pipelines.

§ 51015.06

Added by Stats. 2025, Ch. 529, Sec. 6. (SB 614) Effective January 1, 2026.

(a)(1) An operator of a pipeline transporting carbon dioxide shall submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) an emergency planning zone inventory and map that includes all of the following:

(A) A list of all sensitive receptors within the emergency planning zone that encompasses the pipeline.

(B) A detailed map showing the location and distance to the pipeline of each sensitive receptor within the emergency planning zone.

(C) A graphic representation of the results of the validated, engineering-based computational fluid dynamics modeling, if any, used the purposes of Section 51011.6.

(2)The inventory and map shall be submitted in a format determined by the State Fire Marshal that complies with the accessibility standards specified in subdivision (a) of Section 11546.7.

(b)The operator of a pipeline carrying carbon dioxide shall provide, at least once every three years, a copy of the inventory and map determined by the State Fire Marshal and the lead agency to be complete and accurate and any updates to the inventory and map to local governments providing emergency response services to sensitive receptors within the emergency planning zone that encompasses the pipeline.

(c)The State Fire Marshal and the lead agency shall review, at least once every three years, the inventory and map submitted pursuant to subdivision (a) for completeness and accuracy and shall notify the operator of any discrepancy in the submitted inventory and map.

(d)(1) Subject to paragraph (2), the State Fire Marshal and the lead agency shall make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate.

(2)The State Fire Marshal and the lead agency shall redact any personally identifiable information from the inventory and map made available to the public and shall maintain that information as confidential matter.

(e)The operator of a pipeline carrying carbon dioxide shall provide sensitive receptors identified by

the validated, engineering-based computational fluid dynamics modeling with the redacted map consistent with subdivision (a) on an annual basis consistent with requirements of Section 195.440 of Title 49 of the Code of Federal Regulations for public awareness.

§ 51015.1

Added by Stats. 2015, Ch. 607, Sec. 1. (SB 295) Effective January 1, 2016.

(a)Commencing January 1, 2017, the State Fire Marshal, or an officer or employee authorized by the State Fire Marshal, shall annually inspect all intrastate pipelines and operators of intrastate pipelines under the jurisdiction of the State Fire Marshal to ensure compliance with applicable laws and regulations. By January 1, 2017, the State Fire Marshal shall adopt regulations implementing this subdivision.

(b)For portions of interstate pipelines that are not under the jurisdiction of the State Fire Marshal pursuant to Section 51010.6, the State Fire Marshal shall not become an inspection agent for those pipelines unless all regulatory and enforcement authority over those pipelines is transferred to

the State Fire Marshal from the federal Pipeline and Hazardous Materials Safety Administration.

(c)The State Fire Marshal shall revise the fee assessed pursuant to Section 51019 to a level sufficient to cover the costs associated with the implementation of this section.

§ 51015.2