(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 (comme
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(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.