reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51011.

51011. (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.
(Amended by Stats. 2022, Ch. 536, Sec. 4. (AB 2931) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51012.

51012. 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.
(Amended by Stats. 1989, Ch. 1252, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51012.4.

51012.4. (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.
(Added by Stats. 1996, Ch. 973, Sec. 2. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51013.

51013. (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.
(Amended by Stats. 1989, Ch. 1277, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51014.

51014. (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.
(Amended by Stats. 2022, Ch. 536, Sec. 6. (AB 2931) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51014.3.

51014.3. (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.
(Amended by Stats. 1989, Ch. 1277, Sec. 5.5.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51014.5.

51014.5. (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.
(Amended by Stats. 1988, Ch. 995, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51014.6.

51014.6. (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.
(Amended by Stats. 1986, Ch. 1401, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51015.

51015. (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.
(Amended by Stats. 2022, Ch. 536, Sec. 7. (AB 2931) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51015.05.

51015.05. (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.
(Amended by Stats. 2022, Ch. 536, Sec. 8. (AB 2931) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51015.1.

51015.1. (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.
(Added by Stats. 2015, Ch. 607, Sec. 1. (SB 295) Effective January 1, 2016.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51015.2.

51015.2. (a) The Legislature recognizes that hazardous liquid pipelines are often located alongside and in the immediate proximity of rail lines. In the event of a derailment, these pipelines may be damaged in such a fashion that their integrity is lost, making a rupture or leak more likely.
(b) In an effort to better protect public safety, the State Fire Marshal shall adopt regulations governing the construction, testing, operations, periodic inspection, and emergency operations of intrastate hazardous liquid pipelines located within 500 feet of any rail line. These regulations shall, at a minimum, include provisions dealing with the following:
(1) Minimum depth of cover for newly constructed or reconstructed pipelines.
(2) Minimum hydrostatic testing requirements for newly constructed pipelines.
(3) Minimum requirements for testing existing pipelines which may have been affected by a derailment.
(4) Minimum requirements for periodic inspections.
(5) Minimum requirements for installation and operation of safety or check valves.
(6) Procedures for developing, testing, approving, and implementing coordinated emergency contingency plans prepared by pipeline and rail operators. These procedures shall also provide for consultation with local affected agencies, and require pipeline and rail operations to develop and implement emergency training for their employees approved by the State Fire Marshal.
(Added by Stats. 1989, Ch. 1252, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51015.3.

51015.3. The State Fire Marshal may, in the interest of public safety, adopt emergency regulations which govern intrastate pipeline emergencies involving railroad car derailments. Any hazardous liquid pipeline located in a rural area shall be exempt from these regulations. Notwithstanding any other provision of law, these emergency regulations shall remain in effect until permanent regulations provided for in Section 51015.2 are adopted, but in no case beyond January 1, 1995.
(Added by Stats. 1989, Ch. 1252, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51015.4.

51015.4. (a) Each operator shall, as specified in regulations provided for in subdivision (c), maintain each valve and check valve that is necessary for the safe operation of its pipeline systems in good working order at all times.
(b) Each operator shall provide protection for each valve and check valve from unauthorized operation and from vandalism.
(c) The State Fire Marshal shall adopt regulations, not later than June 30, 1991, which establish procedures for maintaining, testing, and inspecting mainline valves and check valves on intrastate hazardous liquid pipelines.
(Added by Stats. 1989, Ch. 1252, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51015.5.

51015.5. (a) In the event of an intrastate pipeline rupture, leak, or other incident which could affect safe pipeline operation, any person who performs or intends to perform nonemergency site cleanup, repair, reconstruction, or any other alteration shall obtain prior approval from the State Fire Marshal.
(b)  Approval by the State Fire Marshal of a repair plan, submitted by a pipeline operator in conformance with contingency plan requirements established by the State Fire Marshal, shall constitute prior approval to perform repairs as specified in subdivision (a).
(c) The State Fire Marshal may adopt regulations to implement subdivisions (a) and (b).
(Added by Stats. 1989, Ch. 1252, Sec. 6.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51015.6.

51015.6. (a) On or before January 31, 2017, and on or before January 31 annually thereafter, the State Fire Marshal shall submit a report to the Legislature containing information, including, but not limited to, all of the following:
(1) The number of annual inspections conducted pursuant to Section 51015.1.
(2) The status of the installation of automatic shutoff systems pursuant to Section 51013.1, including a summary of the types of shutoff systems installed, and the number of miles of pipeline covered by an automatic shutoff system.
(3) The status of Line 901 and Line 903 in the County of Santa Barbara.
(b) (1) A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.
(2) Pursuant to Section 10231.5, this section is inoperative on January 31, 2021.
(Added by Stats. 2016, Ch. 341, Sec. 2. (SB 840) Effective September 13, 2016. Inoperative January 31, 2021, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51016.

51016. The State Fire Marshal shall study the spacing of valves which would limit spillage into standard metropolitan statistical areas and environmentally sensitive areas from surrounding higher ground. If any existing pipeline system’s valve spacing is deemed insufficient to protect California’s uniquely situated population centers and environmental resources, the State Fire Marshal shall adopt regulations to require the addition of valves on existing pipelines. If the study indicates that guidelines for valve spacing do not, in the State Fire Marshal’s opinion, adequately protect these population centers and environmental resources, the State Fire Marshal may adopt regulations to require new valves on new, existing, or replacement pipelines as necessary to protect the public interest.
(Added by Stats. 1989, Ch. 1277, Sec. 6.5.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51017.

51017. The State Fire Marshal shall develop a comprehensive database of pipeline information that can be used for emergency response and program operational purposes. The database shall include information on pipeline location, age, reported leak incidences, and inspection history, and shall have the capability of mapping pipeline locations throughout the state. The data collection format shall be compatible with any pipeline mapping project implemented by the United States Department of Transportation’s Office of Pipeline Safety and shall be compatible with GIS mapping and data management required by Article 12 (commencing with Section 25299.97) of Chapter 6.75 of Division 20 of the Health and Safety Code.
(Amended by Stats. 2022, Ch. 536, Sec. 9. (AB 2931) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51017.2.

51017.2. (a) With advice from the Pipeline Safety Advisory Committee, the State Water Resources Control Board, the California regional water quality control boards, and local water purveyors, the State Fire Marshal shall adopt regulations for wellhead protection plans that provide guidelines to be used by the pipeline operator as specified in Section 51017.1 to protect the public drinking water well from contamination should a pipeline rupture or leak pose a significant threat to a public drinking water well, taking into account the nature of the fuel and its ability to migrate to a public drinking water well. The regulations adopted by the State Fire Marshal shall require each plan to contain adequate and effective measures that are technologically feasible, practical, and operationally sound that protect public drinking water wells. At a minimum, the wellhead protection plan shall contain the following:
(1) Operational activities that provide the pipeline operator with sufficient information to adequately ensure the integrity of the pipeline. These may include internal inspection or evaluation tools (smart pigs), substructure excavation (potholing), well monitoring, additional or more frequent pressure tests, cathodic protection surveys or visual inspections, or other technologies as appropriate.
(2) Response measures that will enhance the pipeline operator’s response to an emergency, such as a pipeline rupture, fire, earthquake, or flood. These measures may include activities, such as additional training for operator staff or improved coordination with emergency response agencies.
(b) At least once every five years, the State Fire Marshal, with the advice of the Pipeline Safety Advisory Committee, the State Water Resources Control Board, the California regional water quality control boards, and local water purveyors, shall review the regulations adopted pursuant to subdivision (a) to determine if new measures that have been proven to be technologically feasible, practical, and operationally sound should be included in the regulations. The State Fire Marshal shall adopt new regulations if such new measures are identified.
(Added by Stats. 1997, Ch. 814, Sec. 5. Effective January 1, 1998.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51018.

51018. (a) Every rupture, explosion, or fire involving a pipeline, including a pipeline system otherwise exempted by subdivision (a) of Section 51010.5, and including a pipeline undergoing testing, shall be immediately reported by the pipeline operator to the fire department having fire suppression responsibilities and to the Office of Emergency Services.
(b) (1) The Office of Emergency Services shall immediately notify the State Fire Marshal of the incident, who shall immediately dispatch State Fire Marshal employees to the scene. The State Fire Marshal or the employees, upon arrival, shall provide technical expertise and advise the operator and all public agencies on activities needed to mitigate the hazard.
(2) For purposes of this subdivision, the Legislature does not intend to hinder or disrupt the workings of the “incident commander system,” but does intend to establish a recognized element of expertise and direction for the incident command to consult and acknowledge as an authority on the subject of pipeline incident mitigation. Furthermore, it is expected that the State Fire Marshal will recognize the expertise of the pipeline operator and any other emergency agency personnel who may be familiar with the particular location of the incident and respect their knowledgeable input regarding the mitigation of the incident.
(c) For purposes of this section, “rupture” includes every unintentional liquid leak, including any leak that occurs during hydrostatic testing, except that a crude oil leak of less than five barrels from a pipeline or flow line in a rural area, or any crude oil or petroleum product leak in any in-plant piping system of less than five barrels, when no fire, explosion, or bodily injury results or no waterway is contaminated thereby, does not constitute a rupture for purposes of the reporting requirements of subdivision (a).
(d) This section does not preempt any other applicable federal or state reporting requirement.
(e) Except as otherwise provided in this section and Section 8589.7, a notification made pursuant to this section shall satisfy any immediate notification requirement contained in any permit issued by a permitting agency.
(f) This section does not apply to pipeline ruptures involving nonreportable crude oil spills under Section 3233 of the Public Resources Code, unless the spill involves a fire or explosion.
(Amended by Stats. 2022, Ch. 536, Sec. 10. (AB 2931) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51018.6.

51018.6. (a) The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations.
(b) If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations.
(c) The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require.
(d) A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a).
(e) The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training to local fire departments.
(Amended by Stats. 2022, Ch. 536, Sec. 11. (AB 2931) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51018.7.

51018.7. (a) Any person who willfully and knowingly violates any provision of this chapter or a regulation issued pursuant thereto shall, upon conviction, be subject, for each offense, to a fine of not more than twenty-five thousand dollars ($25,000), imprisonment in a county jail for not more than one year, imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment.
(b) Any person who willfully and knowingly defaces, damages, removes, or destroys any pipeline sign or right-of-way marker required by federal or state law or regulation shall, upon conviction, be subject, for each offense, to a fine of not more than five thousand dollars ($5,000), imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 134. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51018.8.

51018.8. The State Fire Marshal may issue orders directing compliance with this chapter or any regulations adopted pursuant thereto. The State Fire Marshal shall specify in the order the particular action which is required of the person issued the order.
(Added by Stats. 1983, Ch. 1222, Sec. 18. Effective September 30, 1983.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51019.

51019. The State Fire Marshal may assess and collect from every pipeline operator an annual fee for the purpose of carrying out this chapter. The State Fire Marshal may assess this fee for expenses which will be incurred during the following year. A pipeline operator shall pay this fee when billed by the State Fire Marshal. The State Fire Marshal may impose a delinquency fee of 10 percent of the annual fee if the pipeline operator does not pay the fee within 60 days after receipt of the bill, and, in addition, the pipeline operator shall pay interest on that portion of its annual fee not paid within 60 days at the rate of 15 percent per annum from the date of receipt of the bill until paid. The total amount of the fee collected shall not exceed the actual expenses incurred, or the estimated expenses which will be incurred, by the State Fire Marshal in carrying out this chapter.
(Amended by Stats. 1988, Ch. 995, Sec. 9.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51019.05.

51019.05. If the agreement specified in Section 51010.6 is entered into, the State Fire Marshal may assess and collect, from every operator of an interstate pipeline having a portion thereof located within this state, as described in the agreement, an annual fee for the purpose of carrying out this chapter. The State Fire Marshal may assess this fee for expenses which will be incurred during the following year. The pipeline operator shall pay this fee when billed by the State Fire Marshal.
The State Fire Marshal may impose a delinquency fee of 10 percent of the annual fee if the interstate pipeline operator does not pay the fee within 60 days after receipt of the bill, and, in addition, the interstate pipeline operator shall pay interest on that portion of its annual fee not paid within 60 days at the rate of 15 percent per annum from the date of receipt of the bill until paid.
The total amount of the fee collected pursuant to this section and Section 51019 shall not exceed the actual expenses incurred, or the estimated expenses which will be incurred, by the State Fire Marshal in carrying out this chapter.
(Added by Stats. 1986, Ch. 863, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 5.5 - The Elder California Pipeline Safety Act Of 1981 › Section 51019.1.

51019.1. (a) There is hereby created the California Hazardous Liquid Pipeline Safety Fund, consisting of the Local Training Account and the Pipeline Operations Account.
(b) All fees collected pursuant to Sections 51019 and 51019.05 shall be deposited in the Pipeline Operations Account. The money in the account is available, upon appropriation by the Legislature, to the State Fire Marshal for the purpose of carrying out this chapter.
(Amended by Stats. 1991, Ch. 395, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6 - Massage › Section 51030.

51030. The legislative body of a city for incorporated areas or county for unincorporated areas may enact an ordinance which provides for the licensing for regulation of the business of massage when carried on within the city or county.
(Added by Stats. 1976, Ch. 1352.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6 - Massage › Section 51031.

51031. The ordinance may condition the issuance of a license to engage in the business of massage upon proof that a massage business meets the reasonable standards set by the ordinance, which may include, but need not be limited to, the following areas:
(a) Age of massage personnel.
(b) Education and experience of massage personnel.
(c) Passage by massage personnel of a practical examination of competence.
(d) Sanitary conditions of the massage establishment.
(e) Hours of operation of the massage business.
(f) Prohibition of the sale or serving of food or beverage or the conducting of nonmassage business on the premises of the massage business. In the event that the business premises in which such massage business is conducted possesses or is qualified to possess a certificate of occupancy issued by such city or county, the prohibition of this subdivision shall apply only to the portion of the premises exclusively devoted to the conduct of the massage business.
(Added by Stats. 1976, Ch. 1352.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6 - Massage › Section 51032.

51032. (a) The ordinance may also provide that a license to engage in the business of massage may be denied upon a showing by the licensing authority of either of the following:
(1) Proof that the massage personnel and the owners or operators of a massage business have been convicted of a violation of Section 266i, 315, 316, 318, or subdivision (b) of Section 647 of the Penal Code, or proof that the massage personnel or the owners or operators of a massage business have been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses of this subdivision.
(2) Proof that the massage personnel and the owners or operators of a massage business have been convicted of any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code or proof that the massage personnel or the owners or operators of the massage business have been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses of this subdivision.
(b) The ordinance shall also provide that a license to engage in the business of massage shall be denied upon a showing by the licensing authority of proof that the massage personnel or the owners or operators of a massage business are required to register under the provisions of Section 290 of the Penal Code.
(Amended by Stats. 2005, Ch. 165, Sec. 1. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6 - Massage › Section 51033.

51033. (a) This chapter does not apply to cosmetologists, barbers, or to persons licensed to practice any healing art pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or the Chiropractic Act when engaging in this practice within the scope of his or her license.
(b) Notwithstanding any other provision of law, this chapter shall apply to an independent contractor of any person described in subdivision (a) if the independent contractor is engaged in, or is purported to be engaged in, the business of massage.
(Amended by Stats. 2002, Ch. 1053, Sec. 1. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.2 - Sidewalk Vendors › Section 51036.

51036. For purposes of this chapter, the following definitions apply:
(a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
(b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(d) “Local authority” means a chartered or general law city, county, or city and county.
(Added by Stats. 2018, Ch. 459, Sec. 2. (SB 946) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.2 - Sidewalk Vendors › Section 51037.

51037. (a) A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b) Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food.
(c) Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
(Added by Stats. 2018, Ch. 459, Sec. 2. (SB 946) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.3 - Urban Agriculture Incentive Zones › Section 51040.

51040. This chapter shall be known, and may be cited, as the Urban Agriculture Incentive Zones Act.
(Added by Stats. 2013, Ch. 406, Sec. 1. (AB 551) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.3 - Urban Agriculture Incentive Zones › Section 51040.1.

51040.1. The Legislature finds and declares that it is in the public interest to promote sustainable urban farm enterprise sectors in urban centers.
The Legislature further finds and declares the small-scale, active production of marketable crops and animal husbandry, including, but not limited to, foods, flowers, and seedlings, in urban centers is consistent with, and furthers, the purposes of this act.
(Added by Stats. 2013, Ch. 406, Sec. 1. (AB 551) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.3 - Urban Agriculture Incentive Zones › Section 51040.3.

51040.3. For purposes of this chapter, the following terms have the following meanings:
(a) “Urban” means an area within the boundaries of an urbanized area, as that term is used by the United States Census Bureau, that includes at least 250,000 people.
(b) “Urban Agriculture Incentive Zone” means an area within a county or a city and county that is comprised of individual properties designated as urban agriculture preserves by the county or the city and county for farming purposes.
(c) “Agricultural use” means farming in all its branches including, but not limited to, the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural or horticultural products, the raising of livestock, bees, fur-bearing animals, dairy-producing animals, and poultry, agricultural education, the sale of produce through field retail stands or farms stands as defined by Article 5 (commencing with Section 47030) of Chapter 10.5 of Division 17 of the Food and Agricultural Code, and any practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations. For purposes of this chapter, the term “agricultural use” does not include timber production.
(Added by Stats. 2013, Ch. 406, Sec. 1. (AB 551) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.5 - Open-Space Easements › Section 51050.

51050. Any city or county which has adopted a general plan may accept grants of open-space easements on privately owned lands lying within the city or county in the manner provided in this chapter, provided no city or county shall accept any grants of open-space easements pursuant to this chapter on or after January 1, 1975.
(Amended by Stats. 1974, Ch. 1003.)