Federal Pipeline Safety Rulemaking Update – May 2018

In lieu of its May Report on Significant Rulemakings, the DOT has referred to the Office of Management and Budget Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions.  Information below is from that list and from the PHMSA list of regulatory actions from the 2016 PIPES Act and the Pipeline Safety Act of 2011 (updated April 9, 2018):

Final and interim final rules:

Pending rules:

The Office of Management and Budget lists these additional rules in its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions:

Publication ID: Spring 2018

Final rule stage

Pipeline Safety: Safety of Hazardous Liquid Pipelines

RIN-2137-AE66 / Docket no. PHMSA-2010-0229
Affects: 49 CFR 195

This rulemaking would amend the Pipeline Safety Regulations to improve protection of the public, property, and the environment by closing regulatory gaps where appropriate, and ensuring that operators are increasing the detection and remediation of unsafe conditions, and mitigating the adverse effects of hazardous liquid pipeline failures.

Rulemaking Project Initiated: 08/13/2010
Stage: Final Rule (Delayed – Additional coordination necessary)

Previous Stage: ANPRM 10/18/2010 (75 FR 63774); C/P Extended 01/04/2011 (76 FR 303) and 01/18/2011; Extended C/P End 02/18/2011; NPRM 10/13/2015 (80 FR 61610); NPRM C/P End 01/08/2016.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 05/13/2016 08/01/2016 07/29/2016
To OMB 06/21/2016 10/19/2016  10/18/2016
OMB Clearance 09/21/2016 12/20/2016  01/10/2017
Returned to Mode 01/23/2017
Resubmitted to OST 04/25/2018
Resubmitted to OMB 06/08/2018
OMB Clearance / 2 09/07/2018
Publication Date 10/03/2016 09/19/2018

Pipeline Safety: Safety of Gas Transmission Pipelines, MAOP Reconfirmation, Expansion of Assessment Requirements and Other Related Amendments

RIN 2137–AE72  / Docket no. PHMSA-2011-0023
Affects: 49 CFR 191 and 192

This rulemaking would amend the pipeline safety regulations to address the testing and pressure reconfirmation of certain previously untested gas transmission pipelines and certain gas transmission pipelines with inadequate records, require operators incorporate seismicity into their risk analysis and data integration, require the reporting of maximum allowable operating pressure exceedances, allow a 6-month extension of integrity management reassessment intervals with notice, and expand integrity assessments outside of high consequence areas to other populated areas.

Rulemaking Project Initiated: 01/04/2011
Stage: Final Rule
Previous Stage: ANPRM 8/25/2011 (76 FR 53086); C/P Extended 11/16/2011 (76 FR 70953) and 12/2/2011; End of Extended C/P 1/20/2012. NPRM: 04/08/2016 (81 FR 20721); End of C/P/ 06/08/2016; Extension of C/P.

Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 09/28/2018
To OMB 12/14/2018
OMB Clearance 03/04/2019
Publication Date 03/14/2019

Pipeline Safety: Safety of Gas Gathering Pipelines

RIN 2137-AF38 / Docket no. not assigned / Not yet published in unified agenda
Affects: 49 CFR 191 and 192

(Note: this rulemaking was branched from RIN 2137-AE72 above.) This rulemaking would require all gas gathering pipeline operators to report incidents and annual pipeline data. PHMSA is also extending regulatory safety requirements to Type A gathering lines in Class 1 locations and is proposing to change certain definitions related to gas gathering operation.

Rulemaking Project Initiated: 03/01/2018
Stage: Final Rule
Previous Stage: NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016 (81 FR 20722 as part of RIN 2137-AE72); End of C/P 06/08/2016; Extension of C/P.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 02/28/2019
To OMB 05/02/2019
OMB Clearance 08/02/2019
Publication Date 08/14/2019
End of Comment Period 10/14/2019

Pipeline Safety – Safety of Gas Transmission Pipelines, Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments

RIN 2137-AF39 / Docket no. not assigned / Not yet published in unified agenda
Affects: 49 CFR 192 and 195

(Note: this rulemaking was branched from RIN 2137-AE72 above.) This rulemaking would amend the pipeline safety regulations relevant to gas transmission pipelines by adjusting the repair criteria in high consequence areas and creating new criteria for non-high consequence areas, requiring the inspection of pipelines following extreme events, requiring safety features on in-line inspection tool launchers and receivers, updating and bolstering pipeline corrosion control, codifying a management of change process, clarifying certain integrity management provisions, and strengthening integrity management assessment requirements.

Rulemaking Project Initiated: 03/01/2018
Stage: Final Rule
Previous Stage: NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016 (81 FR 20722 as part of RIN 2137-AE72); End of C/P 06/08/2016; Extension of C/P.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 12/28/2018
To OMB 03/04/2019
OMB Clearance 06/04/2019
Publication Date 06/12/2019
End of Comment Period 08/12/2019

Pipeline Safety: Issues Related to the use of Plastic Pipe in Gas Pipeline Industry

RIN 2137-AE93 / Docket no. PHMSA 2014-0098
Affects: 49 CFR 192, 195

PHMSA is amending the Federal Pipeline Safety Regulations that govern the use of plastic piping systems in the transportation of natural and other gas. These amendments are necessary to enhance pipeline safety, adopt innovative technologies and best practices, and respond to petitions from stakeholders. The amendments include an increased design factor for polyethylene (PE) pipe, stronger mechanical fitting requirements, new and updated riser standards, new accepted uses of Polyamide-11 (PA-11) thermoplastic pipe, authorization to use Polyamide-12 (PA-12) thermoplastic pipe and new or updated consensus standards for pipe, fittings, and other components.

Rulemaking Project Initiated: 05/11/2012
Stage: Final Rule
Previous Stage: NPRM published 5/21/2015 (80 FR 29263); C/P closed 7/31/2015.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 12/22/2017
To OMB 05/16/2018
OMB Clearance 08/16/2018
Publication Date 06/30/2016 08/28/2018

Pending rules

Pipeline Safety: Class Location Requirements

RIN 2137-AF29 / Docket no. PHMSA-2017-0151
Affects: 49 CFR 192

This rulemaking regards existing class location requirements, specifically as they pertain to actions operators are required to take following class location changes. Operators have suggested that performing integrity management measures on pipelines where class locations have changed due to population increases would be an equally safe but less costly alternative to the current requirements of either reducing pressure, pressure testing, or replacing pipe. This request for public comment would be used to inform future regulatory or deregulatory efforts related to this topic.

Rulemaking Project Initiated: 06/29/2017
Stage: ANPRM
Previous Stage: N/A

Dates for ANPRM      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 11/06/2017  01/30/2018
To OMB 12/26/2017 N/A
Publication Date 04/09/2018 06/00/2018
End of Comment Period 06/11/2018 N/A

Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve installation and Minimum Rupture Detection Standards

RIN: 2137-AF06   / Docket no. PHMSA 2013-0255
Affects: 49 CFR 192 and 195

PHMSA is proposing to revise the Pipeline Safety Regulations applicable to newly constructed or entirely replaced natural gas transmission and hazardous liquid pipelines to improve rupture mitigation and shorten pipeline segment isolation times in high consequence and select non-high consequence areas. The proposed rule defines certain pipeline events as “ruptures” and outlines certain performance standards related to rupture identification and pipeline segment isolation. PHMSA also proposes specific valve maintenance and inspection requirements, and 9-1-1 notification requirements to help operators achieve better rupture response and mitigation. These proposals address congressional mandates, incorporate recommendations from the National Transportation Safety Board, and are necessary to reduce the serious consequences of large-volume, uncontrolled releases of natural gas and hazardous liquids.

Rulemaking Project Initiated: 11/21/2013
Stage: NPRM
Previous Stage: N/A

Dates for NPRM      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 08/22/2014 12/31/2015 12/24/2015
Returned to Mode 02/04/2016 02/04/2016
Resubmitted to OST/2 06/29/2018
To OMB 07/23/2018
OMB Approval 10/23/2018
Publication Date 01/06/2015 11/02/2018
End of Comment Period 02/26/2015 01/02/2018

Pipeline Safety: Enhanced Emergency Order Procedures

RIN: 2137-AF26  /  Docket no. PHMSA 2016-0091
Affects: 49 CFR 190

PHMSA issued an interim final rule (IFR) that established regulations implementing the emergency order authority conferred on the Secretary of Transportation by the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act of 2016 or Act). These regulations are mandated by the PIPES Act of 2016 and establish procedures for the issuance of emergency orders (restrictions, prohibitions) to address unsafe conditions or practices posing an imminent hazard. The purpose of these requirements is to improve PHMSA’s existing enforcement authority to allow us to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. The next planned action is to finalize the interim final rule.

Rulemaking Project Initiated: 11/21/2013
Stage: Final Rule
Previous Stage: IFR piblished 10/14/2016 (81 FR 70980); C/P End 12/13/2016

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual Date
To OST 12/29/2017
To OMB 04/20/2018
OMB Clearance 07/20/2018
Publication Date 08/01/2018

Additional rules

The Office of Management and Budget lists these rules in its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions.

Pipeline Safety: Coastal Ecological Unusually Sensitive Areas

RIN: 2137-AF31  / Docket no: not assigned
Affects: 49 CFR 195

As mandated by section 19 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (Pub. L. 114-183), PHMSA will amend the definition of an unusually sensitive area (USA) to explicitly include the Great Lakes, coastal beaches, and marine coastal waters as USA ecological resources for the purposes of determining whether a pipeline is in a high consequence area (HCA), as defined by 49 CFR 195.450. To address this mandate, PHMSA must change the definition of USA and further define what is included in “coastal beaches” and “marine coastal waters.” In this rulemaking, PHMSA will solicit broad input from the pipeline industry and other stakeholders, propose definitions and geographic extents for the new terms to be included in the revised USA definition, and understand industry implications and concerns with the proposed revisions.

Timetable:

Action Date FR Cite
ANPRM 11/00/2018

Pipeline Safety: Gas Pipeline Regulatory Reform

RIN: 2137-AF36 /Docket no. not assigned
Affects: 49 CFR 191 and 192

This rulemaking would amend the Pipeline Safety Regulations to adopt a number of actions that ease regulatory burdens on the construction and operation of gas transmission and gas gathering pipeline systems. These amendments include regulatory relief actions identified by internal agency review, existing petitions for rulemaking, and public comments on the Department of Transportation regulatory reform and infrastructure notices.

Timetable:

Action Date FR Cite
NPRM  02/00/2019

Pipeline Safety: Liquid Pipeline Regulatory Reform

RIN: 2137-AF37 /Docket no. not assigned
Affects: 49 CFR 194 and 195

This rulemaking would amend the Pipeline Safety Regulations to adopt a number of actions that ease regulatory burdens on the construction and operation of hazardous liquid pipeline system. These amendments include regulatory relief actions identified by internal agency review, existing petitions for rulemaking, and public comments on the Department of Transportation regulatory reform and infrastructure notices.

Timetable:

Action Date FR Cite
NPRM  02/00/2019

Pipeline Safety: Underground Storage Facilities for Natural Gas

RIN 2137-AF22 / Docket no. PHMSA-2016-0016
Affects: 49 CFR 191 and 192

In December 2016, PHMSA issued an interim final rule (IFR) titled: “Pipeline Safety: Underground Natural Gas Storage Facilities” (81 FR 91860). In the IFR, PHMSA established minimum federal safety standards for intrastate and interstate underground natural gas storage facilities under its regulatory authority at 49 U.S.C. 60101 and 60102 and as directed by section 12 of the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016.” On January 18, 2017, the American Gas Association, the American Petroleum Institute, the American Public Gas Association, and the Interstate Natural Gas Association of America (INGAA) jointly submitted a petition seeking reconsideration of certain provisions of the IFR. (INGAA has since withdrawn from the petition.)

Recognizing that the IFR set certain deadlines by which the operators of underground natural gas storage facilities must act but that would occur before PHMSA could adopt a final rule, PHMSA published a notice on June 20, 2017, in the Federal Register (82 FR 28224), announcing that (1) the agency would not issue enforcement citations to operators for non-compliance with certain provisions of the IFR for a period of one year after publication of the final rule, and (2) it intended to address the issues raised by the petitioners in the final rule. For these reasons, PHMSA provided the public with an additional opportunity to comment on the IFR and an opportunity to comment on the issues raised in the petition. PHMSA reopened the comment period for this IFR on October 19, 2017 through November 20, 2017.

Timetable:

Action Date FR Cite
Interim Final Rule  12/19/2016 81 FR 91860
Interim Final Rule Effective  01/18/2017
Interim Final Rule Comment Period End  02/17/2017
Final Rule  09/00/2018

At ViaData, we help you keep abreast of changes in federal and state pipeline safety regulations. But that’s not all – WinDOT our online pipeline encyclopedia provides you with all the background you need, from the initial incidents that provide the catalyst to change the law, through the legislative and rulemaking processes, and finally to the new law and its interpretations. Check us out!

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State Pipeline Safety Regulation Updates – May 2018

Here are pipeline safety legislative updates for May 2018. Click on a region below to see details.

Eastern Region Update  Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia

Southern Region Update  Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee

Central Region Update  Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin

Southwest Region Update  Arkansas, Louisiana, New Mexico, Oklahoma, Texas

Western Region Update  Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming

Eastern Region Update

Delaware

SB 189 introduced on April 30 includes the following summary: The U.S. Department of Transportation has recently found Delaware to be non-compliant with enforcement of underground excavation violations. This jeopardizes federal funding for the Commissions pipeline safety program. Two principal reasons for this have been the lack of notification to State agencies and the lack of enforcement when damage is known. This bill updates Title 26, Chapter 8 by ensuring notification of excavation damage to the appropriate State agencies for potential penalties or other enforcement proceedings. It provides that either the Attorney General or the Public Service Commission may enforce penalties appropriate for the circumstances and gravity of the violation.

Massachusetts

The Department of Public Utilities is engaged in the following rulemaking:

Docket 16-31 will establish requirements for Uniform Natural Gas Leaks Classification.
[Reply comments have been received through 11/7/2017 and hearing was held on 10/25/2017; request for additional comments issued 5/18/2018.]

Three bills would impact the Dig Safe laws:

H3388 would clarify marking standards, and types of excavation exempt from marking requirements. Violators could be required to attend Dig Safe training. [3/29/2018 in the House Ways and Means committee]

S1838 would require a survey by the gas company prior to an excavation project, and verification that gate valves are installed for all shutoff valves in the area are closed before beginning excavation, and that the valves are cleared and accessible. [10/26/2017 Hearing]

H1813 would require land surveyors on construction projects to premark subsurface utilities. Violators could be required to attend Dig Safe training. [4/17/2018 accompanied a new draft H4420]

New Hampshire

NHDOT has posted the latest version (dated October 2017, modified per 2016 HB 626) of their Utility Accommodation Manual on their website.

 New Jersey

S679 / A2614 (previously S2673 / A4127) was reintroduced on 1/9/2018 to increase civil penalties for safety violations with respect to natural gas pipelines and distribution facilities and hazardous liquid underground pipeline and distribution facilities. Under current law, a violator is subject to a civil penalty of not more than $100,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $1,000,000 for any related series of violations. Under the bill, a violator is subject to a civil penalty of not more than $200,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $2,000,000 for any related series of violations.
[11/21/2016: Passed unanimously by the Assembly; 12/5/2016 received in Senate, to Economic Growth Committee; 1/9/2018 Introduced in Senate, referred to Economic Growth Committee; 2/1/2018 Introduced in Assembly, referred to Telecommunications and Utilities Committee.]

A1471 / S668 (previously A250 / S1135) both introduced at the beginning of 2016 and reintroduced in 2018 would require public utilities and pipeline operators to reimburse a municipality for costs it incurs in providing emergency services to respond to any emergency involving a pipeline.
[1/9/2018: Introduced in Assembly, Referred to Assembly Telecommunications and Utilities Committee; Introduced in Senate, Referred to Senate Economic Growth Committee.]

New York

Rulemaking was initiated on June 28, 2017 by the NY State Department of Public Service to amend their rules of procedure and gas utilities laws to ensure conformance with 49 CFR Part 192.

The following bills are going through the legislative process:

S3743 / S6756 / A9985 – Would require all excavators to complete the training and education program provided by the one-call system.
[5/7/2018: S373 in Senate Consumer Protection committee; S6756 and A9985 in Assembly Ways and Means committee.]

A00467 / S04264 establishes a uniform leak classification system and would require classification of reported leaks.
[4/18/2018: A00467 delivered to Senate; 1/17/2018: S04264 amended and recommitted to Senate Energy and Telecommunications committee.]

A00656 would require gas corporations to file a plan with the public service commission addressing aging or leaking pipelines within their service territory and outlining plans for the replacement of such pipelines.
[1/3/2018: in Corporations, Authorities and Commissions committee.]

A00661 / S00066 / S02186 would require liquid petroleum pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high-risk of leaking.
[1/3/2018: In Assembly Energy committee; in Senate Energy and Telecommunications committee.]

A00917 Changes the description of fuel gas transmission line that requires reporting to include transmission lines of any pressure used to transport fuel gas. Currently, low pressure transmission lines (lines with pressures of 124 pounds per square inch (psi) or less) are not regulated, inspected, or mapped in any systematic way.
[1/17/2018: Passed Assembly; to Senate Energy and Telecommunications committee.]

A01016 would amend the definition of “excavation” to require excavators to request mark outs for excavations of greater than 6″ depth using hand tools; operators would be required to mark all facilities they operate, whether or not they installed them.
[1/3/2018: in Corporations, Authorities and Commissions committee.]

S04715 would require gas corporations to submit annual reports that include an explanation of methods used to establish replacement priorities, its operating and maintenance activities related to gas safety and a list of completed replacement projects.
[1/3/2018: in Senate Energy and Telecommunications committee.]

S05930 would amend the definition of excavation to include additional activities.
[1/3/2018: in Senate Energy and Telecommunications committee.]

Pennsylvania

SB 930 adds a subchapter to the Public Utilities statutes for service and facilities to provide for pipeline emergency management information.
[4/24/2018: First consideration in the Senate.]

SB 931 adds a subchapter to the Public Utilities statutes to require automatic or remote control shutoff valves on all new gas and hazardous liquid transmission pipelines, and requires testing at specific intervals.
[4/24/2018: First consideration in the Senate.]

Virginia

Rulemaking is underway based on a petition of Columbia Gas of Virginia, Inc., to revise the requirements for trenchless excavation. The proposed Rule would (1) provide for greater flexibility when conducting trenchless excavation that crosses gravity fed sewer mains and combination storm/sanitary sewer system utility lines; and (2) enhance the safety and efficiency of conducting such excavations. According to the Petitioner, the Proposed Rule recognizes that technology developed since the Commission’s adoption of Rule 150 allows for safe trenchless excavation practices when crossing such utility lines without exposing them by hand digging.
[2/8/2018: Case established with a public comment deadline of 5/17/208.]

Washington, D.C.

Chapter 15-37 DCMR Natural Gas Quality of Service Standards was added to WinDOT. A Notice of Proposed Rulemaking with amendments to this chapter was filed on 8/11/2017 to modify reporting requirements for gas outages and incidents; reporting and repairing requirements for gas leaks and odor complaints; reporting and responding requirements for gas emergencies; customer service standards and surveys; reliability standards; and compliance reporting. The amendments also propose remedies for violations that may include forfeiture or civil penalties. A second notice of proposed rulemaking was issued on 3/9/2018.

Southern Region Update

Georgia

Rulemaking dockets were opened on 9/6/2017 to amend the PSC’s gas rules. The proposed rules were revised for several of these dockets in March after the comment period.

Kentucky

SB104 signed by the Governor on April 2 and effective July 14, amends the Public Service Commission Utilities law to ensure state penalties for violations of the Natural Gas Pipeline Safety Act conform with federal penalties; amends the Underground Facility Damage Prevention Act of 1994 to require underground facility operators to report to the commission excavation damage to an underground facility used in the transportation of gas or hazardous liquid and authorizes the commission to enforce and assess civil penalties for those damages.

The Public Service Commission filed amendments for the following rules with the Legislative Research Council on 11/27/2017. A public hearing was held on 1/24/2018, and written comments were accepted through 1/31/2018.

807 KAR 5:022 – General rules for gas utilities – eliminates redundancy and clarifies service requirements for natural gas utilities. [Pending.]

807 KAR 5:026 – Gathering lines – changes the engineering specifications of piping to conform with current industry standards. [Pending.]

807 KAR 5:027 – Gas pipeline safety, reports of leaks, and drug testing by operators of natural gas facilities – eliminates redundant and unnecessary state regulations that essentially mirror the federal standards. [Effective 3/12/2018.]

807 KAR 5:081 – repeals per the Governor’s Red Tape Reduction Initiative. 807 KAR 5:023 was repealed in order to incorporate the federal requirement for drug testing of employees of operators of natural gas facilities found in 49 C.F.R. into 807 KAR 5:027. 807 KAR 5:031 was repealed due to the enactment of the Natural Gas Wellhead Decontrol Act of 1989, which eliminated the need for gas well determinations. [Effective 3/12/2018.]

South Carolina

S 0774 would amend the South Carolina Underground Facility Damage Prevention Act to repeal sections that require a notice of intent to excavate or demolish.
[1/9/2018: Referred to Senate Committee on Judiciary.]

Tennessee

The Tennessee Regulatory Authority has changed its name to the Tennessee Public Utilities Commission. This change has been updated in both the Tennessee Code and in the agency’s rules.

SB 1812 / HB 1791 signed by the Governor on 4/12/2018 amends the Underground Utility Damage Prevention Act to authorize the underground utility damage enforcement board to establish rules for best practices for uniform color code and marking; declare it a violation if operators fail to become members of the one-call service by January 1, 2018 and imposes a $5,000 penalty for that violation.

Central Region Update

Iowa

The Iowa Utilites Board is engaged in the following rulemakings:

RMU-2016-0004 Review of Intrastate Gas and Underground Gas Storage Rules in 199 IAC Chapter 10

RMU-2016-0013 Review of Restoration of Agricultural Lands During and After Pipeline Construction Rules in 199 IAC Chapter 9

RMU-2016-0015 Review of Hazardous Liquid Pipelines and Underground Storage Rules 199 IAC Chapter 13

Status information on these dockets is available here.

Indiana

SB0125 was signed by the Governor on 3/15/2018. This new law adds a new section to the Indiana Code in Title 8, Chapter 26 Damage to Underground Facilities. Provides that a person may not excavate real property or demolish a structure served by an underground utility facility without first being authorized to do business in Indiana. Provides that in an entity filing required or permitted under the Uniform Business Organizations Administrative Provisions Act, a person that seeks to excavate real property or demolish a structure served by an underground utility facility in Indiana must include a signed statement that the person will comply with the Indiana statute concerning underground utility facilities. Provides that before commencing such an excavation or demolition, a communications service provider shall serve notice on the executive of each municipality and county in which any part of the excavation or demolition will be performed. Provides that the required notice must be received by each municipal or county executive at least 10 full working days before the commencement of the excavation or demolition and must: (1) include documentation that all employees or contractors who will perform the excavation or demolition have received training on excavation industry best practices and on the requirements of the Indiana statute concerning underground utility facilities; (2) include documentation that all contractors who will perform the excavation or demolition are authorized to do business in Indiana; and (3) be signed by or on behalf of a person authorized to sign the notice.
[Effective July 1, 2018]

Michigan

The Public Service Commission has proposed amendments (see 2016-057) to adopt by reference current federal regulations governing gas safety along with updating certain other technical standards contained in the rules. The proposed amendments may also make minor changes to Michigan rules so that the language in these rules conforms more closely to the federal rules.
[Request for rulemaking approved by ORR 9/15/2016; draft rule approved by ORR 1/2/2018; regulatory impact statement filed 1/12/2018; public hearing held 3/29/2018.]

Missouri

SB0816 would increase civil penalty for damage to underground facilities from $10,000 to $50,000.
[3/29/2018: Voted Do Pass in the Senate Transportation, Infrastructure and Public Safety Committee.]

South Dakota

Two bills were signed by the Governor, with new laws effective on 7/1/2018:

HB1023 amends the state law to remove the exemption of rural gathering facilities (as defined by 49 C.F.R. 192.8) from enforcement under the state pipeline safety regulations.

HB1159 requires an excavator to immediately call 911 if damage occurs during an excavation that results in the escape of flammable, toxic or corrosive gas or liquid.

One additional bill signed by the Governor will become effective on 7/1/2019:

HB1024 establishes the Statewide One-Call Notification Board to provide a service through which a person can notify the operators of underground facilities of plans to excavate and to request the marking of the facilities. It requires all operators to become members of the one-call notification center and submit the locations of their underground facilities to the center.

Southwest Region Update

Louisiana

In February, the Louisiana Office of Conservation proposed to amend its Natural Gas Policy rules as required as a part of the Department of Natural Resources certification agreement with the US Department of Transportation. The proposed rule changes include additional requirements for direct assessment for Hazardous Liquid operators, excess flow valve (EFV) requirements, manual service line shut-off valve requirements, pressure regulating / over pressure protection changes, and enhanced rules for inspection of break out tanks.
[2/10/2018: Notice of Intent filed; comments due 4/4/2018.]

Oklahoma

The State Corporation Commission adopted amendments to its rules for Gas & Hazardous Liquid Pipeline Safety to amend the dates for federal regulations adopted by reference. The rules were effective 9/11/2017. A notice of proposed rulemaking was published for these same rules on 12/28/2017 to update these same references and other references to the Oklahoma Underground Facilities Damage Prevention Act, and the rules were adopted by the commission on 2/20/2018, and sent for approval from the legislature on 3/2/2018.

SB997 / HB 3407 was signed by the Governor on April 26, 2018 and becomes effective November 1, 2018. It changes the definition of an underground facility to include intrastate and interstate gas and hazardous liquid or carbon dioxide pipelines as defined in 49 CFR 192.1 and 195.1.

Texas

The Railroad Commission of Texas has proposed to amend its Oil and Gas division rules to amend pipeline fees and registration/renewal procedures pursuant to HB1818 (2017). Public comments are accepted through 5/7/2018. It is also proposing to amend the rules outlining testing requirements for oil wells.

Western Region Update

California

In 2015, the CPUC issued an Order Instituting Rulemaking to adopt rules and procedures governing commission-regulated natural gas pipelines and facilities to reduce natural gas leakage consistent with SB 1371 (see the original scoping memo).
[Decision D1706015 approved the program at its current stage, as well as changes to General Order 112F and extended the statutory deadline. A new scoping memo was issued on 9/20/17 to determine data requirements, how to integrate best practices and annual reporting requirements with federal and other state requirements, how to incorporate requirements into General Order 112-F, and ratemaking treatment. A proposed decision on Phase 2 is expected in the 3rd quarter of 2019.

The OSFM’s ongoing rulemaking to develop the regulations as required by AB 864 (2015). The legislation requires, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
Furthermore, by July 1, 2018, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone would be required to submit a plan to retrofit the pipeline by January 1, 2020, with the best available technology. Best available technology includes, but is 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.
The OSFM determined that it would not formulate new rules by the July 1, 2017 adoption date, and continues working to adopt regulations as expeditiously as possible.
[Draft regulations were last revised on 4/17/17.]

Colorado

The Oil and Gas Conservation Commission has adopted new flowline rules which became effective May 1, 2018.
The adopted rules include clarification of definitions; requirements for registering new and existing flowlines and domestic taps with UNCC (Utility Notification Center of Colorado – Colorado’s “one-call” program); provisions for confidential sharing of flowline location data with local government agencies; training requirements for flowline installers and inspectors; repair and maintenance (including records) requirements; required Tier One operator participation in UNCC; isolation and check valve installation requirements; integrity management and testing requirements; and rules for abandonment.

The Colorado Public Utilities Commission is finalizing a rulemaking to amend its Gas Rules. The rules have been filed with the Secretary of State for publication, and become effective on June 30, 2018.

SB 167 would increased enforcement of requirements related to the location of underground facilities. In 2016 PHMSA conducted an adequacy evaluation of Colorado’s enforcement of its excavation damage prevention law and determined that the enforcement is inadequate. The bill creates the underground damage prevention safety commission (commission). The commission has rule-making and enforcement authority regarding specified portions of the excavation damage prevention law. Effective January 1, 2021, all underground facility owners and operators are full members of the notification association with full benefits, and excavators will no longer need to contact the owners or operators to arrange for the marking. All new underground facilities installed on or after January 1, 2020, must be electronically locatable when installed. The bill has been sent to the Governor for signature, and will become effective August 8, 2018.


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State Pipeline Safety Regulation Updates

Here are pipeline safety legislative updates for April 12, 2018. Click on a region below to see details.

Eastern Region Update  Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia

Southern Region Update  Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee

Central Region Update  Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin

Southwest Region Update  Arkansas, Louisiana, New Mexico, Oklahoma, Texas

Western Region Update  Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming

Eastern Region Update

Massachusetts

The Department of Public Utilities is engaged in the following rulemaking:

Docket 16-31 will establish requirements for Uniform Natural Gas Leaks Classification.
[Reply comments have been received through 11/7/2017 and hearing was held on 10/25/2017.]

Three bills would impact the Dig Safe laws:

H3388 would clarify marking standards, and types of excavation exempt from marking requirements. Violators could be required to attend Dig Safe training. [3/29/2018 in the House Ways and Means committee]

S1838 would require a survey by the gas company prior to an excavation project, and verification that gate valves are installed for all shutoff valves in the area are closed before beginning excavation, and that the valves are cleared and accessible. [10/26/2017 Hearing]

H1813 would require land surveyors on construction projects to premark subsurface utilities. Violators could be required to attend Dig Safe training. [2/6/2018 House pending concurrence, 2/7/2018 Senate concurred]

New Jersey

S679 / A2614 (previously S2673 / A4127) was reintroduced on 1/9/2018 to increase civil penalties for safety violations with respect to natural gas pipelines and distribution facilities and hazardous liquid underground pipeline and distribution facilities. Under current law, a violator is subject to a civil penalty of not more than $100,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $1,000,000 for any related series of violations. Under the bill, a violator is subject to a civil penalty of not more than $200,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $2,000,000 for any related series of violations.
[11/21/2016: Passed unanimously by the Assembly; 12/5/2016 received in Senate, to Economic Growth Committee; 1/9/2018 Introduced in Senate, referred to Economic Growth Committee; 2/1/2018 Introduced in Assembly, referred to Telecommunications and Utilities Committee.]

A1471 / S668 (previously A250 / S1135) both introduced at the beginning of 2016 and reintroduced in 2018 would require public utilities and pipeline operators to reimburse a municipality for costs it incurs in providing emergency services to respond to any emergency involving a pipeline.
[1/9/2018: Introduced in Assembly, Referred to Assembly Telecommunications and Utilities Committee; Introduced in Senate, Referred to Senate Economic Growth Committee.]

New York

Rulemaking was initiated on June 28 by the NY State Department of Public Service to amend their rules of procedure and gas utilities laws to ensure conformance with 49 CFR Part 192.

The following bills are going through the legislative process:

A03771S3743S6756 – Would require all excavators to complete the training and education program provided by the one-call system.
[1/3/2018: in Senate Consumer Protection committee and Assembly Ways and Means committee.]

A00467 / S04264 establishes a uniform leak classification system and would require classification of reported leaks.
[1/16/2018: Assembly amended on 3rd reading; 1/17/2018: Senate amended and recommitted to Energy and Telecommunications committee.]

A00656 would require gas corporations to file a plan with the public service commission addressing aging or leaking pipelines within their service territory and outlining plans for the replacement of such pipelines.
[1/3/2018: in Corporations, Authorities and Commissions committee.]

A00661 / S00066 / S02186 would require liquid petroleum pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high-risk of leaking.
[1/3/2018: In Assembly Energy committee; in Senate Energy and Telecommunications committee.]

A00917 Changes the description of fuel gas transmission line that requires reporting to include transmission lines of any pressure used to transport fuel gas. Currently, low pressure transmission lines (lines with pressures of 124 pounds per square inch (psi) or less) are not regulated, inspected, or mapped in any systematic way.
[1/17/2018: Passed Assembly; to Senate Energy and Telecommunications committee.]

A01016 would amend the definition of “excavation” to require excavators to request mark outs for excavations of greater than 6″ depth using hand tools; operators would be required to mark all facilities they operate, whether or not they installed them.
[1/3/2018: in Corporations, Authorities and Commissions committee.]

S04715 would require gas corporations to submit annual reports that include an explanation of methods used to establish replacement priorities, its operating and maintenance activities related to gas safety and a list of completed replacement projects.
[1/3/2018: in Senate Energy and Telecommunications committee.]

S05930 would amend the definition of excavation to include additional activities.
[3/20/2018: amended and returned to Senate Energy and Telecommunications committee.]

Pennsylvania

HB 47 would amend Underground Utility Line Protection Law, requiring the use of steel products made in the United States for the construction of new gathering lines.
[1/23/2017: Introduced and referred to the Consumer Affairs committee.]

SB 488 “Rural Pennsylvania Pipeline Safety Act” would create new statutes requiring the PUC to maintain a registry of all rural pipeline operators, and detailing the commission’s authority and powers of enforcement with regard to these operators.
[3/6/2017: Introduced and referred to the Consumer Protection and Professional Licensure committee.]

HB 1700 “Pipeline Safety and Communication Board Act.” The board’s purpose would be to (1) To collect and disseminate to the public information of Commonwealth agencies relative to the planning, siting, construction, operation, maintenance, management, inspection and safety of and emergency response procedures for pipelines. (2) To coordinate communications relating to pipeline activities with Federal, State and local government agencies and regulatory authorities, pipeline companies and the public.
[Introduced 8/15/2017 and referred to the Environmental Resources and Energy Committee.]

SB 930 adds a subchapter to the Public Utilities statutes for service and facilities to provide for pipeline emergency management information.
[11/1/2017: Introduced and referred to the Consumer Protection and Professional Licensure committee.]

Vermont

H.749 would make minor amendments to the Underground Utility Damage Prevention laws to clarify definitions, marking requirements and include underground hot water and steam facilities.
[1/30/2018: Introduced and referred to committee on Energy and Technology.

Virginia

Rulemaking is underway based on a petition of Columbia Gas of Virginia, Inc., to revise the requirements for trenchless excavation. The proposed Rule would (1) provide for greater flexibility when conducting trenchless excavation that crosses gravity fed sewer mains and combination storm/sanitary sewer system utility lines; and (2) enhance the safety and efficiency of conducting such excavations. According to the Petitioner, the Proposed Rule recognizes that technology developed since the Commission’s adoption of Rule 150 allows for safe trenchless excavation practices when crossing such utility lines without exposing them by hand digging.
[2/8/2018: Case established with a public comment deadline of 5/17/208.]

Washington, D.C.

Chapter 15-37 DCMR Natural Gas Quality of Service Standards was added to WinDOT. A Notice of Proposed Rulemaking with amendments to this chapter was filed on 8/11/2017 to modify reporting requirements for gas outages and incidents; reporting and repairing requirements for gas leaks and odor complaints; reporting and responding requirements for gas emergencies; customer service standards and surveys; reliability standards; and compliance reporting. The amendments also propose remedies for violations that may include forfeiture or civil penalties. A second notice was issued on 3/9/2018, with action on the new rule expected within 30 days.

Southern Region Update

Georgia

Rulemaking dockets were opened on 9/6/2017 to amend the PSC’s gas rules. The proposed rules were revised for several of these dockets in March after the comment period.

Kentucky

SB104 signed by the Governor on April 2 and effective in July, amends the Public Service Commission Utilities law to ensure state penalties for violations of the Natural Gas Pipeline Safety Act conform with federal penalties; amends the Underground Facility Damage Prevention Act of 1994 to require underground facility operators to report to the commission excavation damage to an underground facility used in the transportation of gas or hazardous liquid and authorizes the commission to enforce and assess civil penalties for those damages.

SB 117 would amend the Underground Facility Damage Prevention Act of 1994 to waive the rights of nonmember operators of the Kentucky Contact Center for damage to their underground facilities; to eliminate the requirement that the operators file their contact information with the county clerk where the operator has underground facilities and to require the Kentucky Contact Center to maintain a list of members’ contact information.
[3/22/2018: in the House Natural Resources and Energy committee after a second reading.]

The Public Service Commission filed amendments for the following rules with the Legislative Research Council on 11/27/2017. A public hearing was held on 1/24/2018, and written comments were accepted through 1/31/2018.

807 KAR 5:022 – General rules for gas utilities – eliminates redundancy and clarifies service requirements for natural gas utilities. [Pending.]

807 KAR 5:026 – Gathering lines – changes the engineering specifications of piping to conform with current industry standards. [Pending.]

807 KAR 5:027 – Gas pipeline safety, reports of leaks, and drug testing by operators of natural gas facilities – eliminates redundant and unnecessary state regulations that essentially mirror the federal standards. [Effective 3/12/2018.]

807 KAR 5:081 – repeals per the Governor’s Red Tape Reduction Initiative. 807 KAR 5:023 is being repealed in order to incorporate the federal requirement for drug testing of employees of operators of natural gas facilities found in 49 C.F.R. into 807 KAR 5:027. 807 KAR 5:031 is being repealed due to the enactment of the Natural Gas Wellhead Decontrol Act of 1989, which eliminated the need for gas well determinations. [Pending.]

South Carolina

S 0774 would amend the South Carolina Underground Facility Damage Prevention Act to repeal sections that require a notice of intent to excavate or demolish.

Tennessee

The Tennessee Regulatory Authority has changed its name to the Tennessee Public Utilities Commission. This change has been updated in the Tennessee Code, but not in the agency’s rules.

SB 1812 / HB 1791 would amend he Underground Utility Damage Prevention Act to authorize the underground utility damage enforcement board to establish rules for best practices for uniform color code and marking; declare it a violation if operators fail to become members of the one-call service by January 1, 2018 and imposes a $5,000 penalty for that violation.
[4/4/2018: sent to the Governor for action.]

Central Region Update

Illinois

SB1383 would amend the Illinois Underground Utility Facilities Damage Prevention Act to specify additional required activities for an excavator who engages in nonemergency excavation or demolition, modify the requirements for an excavator who engages in emergency excavation or demolition, provide notice requirements for damaged, dislocated, and exposed underground utility facilities. Provides additional requirements for record of notice and the marking of underground utility facilities. Modifies Sections concerning liability, financial responsibility, negligence, and penalties for violating the provisions of the Act. Repeals a Section concerning preconstruction conferences. Makes certain provisions apply to home rule municipalities with a population over 1,000,000.
[8/4/2017: In Senate Assignments committee.]

Iowa

The Iowa Utilites Board is engaged in the following rulemakings:

RMU-2016-0004 Review of Intrastate Gas and Underground Gas Storage Rules in 199 IAC Chapter 10

RMU-2016-0013 Review of Restoration of Agricultural Lands During and After Pipeline Construction Rules in 199 IAC Chapter 9

RMU-2016-0015 Review of Hazardous Liquid Pipelines and Underground Storage Rules 199 IAC Chapter 13

Status information on these dockets is available here.

Indiana

SB0125 was signed by the Governor on 3/15/2018. This new law adds a new section to the Indiana Code in Title 8, Chapter 26 Damage to Underground Facilities. Provides that a person may not excavate real property or demolish a structure served by an underground utility facility without first being authorized to do business in Indiana. Provides that in an entity filing required or permitted under the Uniform Business Organizations Administrative Provisions Act, a person that seeks to excavate real property or demolish a structure served by an underground utility facility in Indiana must include a signed statement that the person will comply with the Indiana statute concerning underground utility facilities. Provides that before commencing such an excavation or demolition, a communications service provider shall serve notice on the executive of each municipality and county in which any part of the excavation or demolition will be performed. Provides that the required notice must be received by each municipal or county executive at least 10 full working days before the commencement of the excavation or demolition and must: (1) include documentation that all employees or contractors who will perform the excavation or demolition have received training on excavation industry best practices and on the requirements of the Indiana statute concerning underground utility facilities; (2) include documentation that all contractors who will perform the excavation or demolition are authorized to do business in Indiana; and (3) be signed by or on behalf of a person authorized to sign the notice.
[Effective July 1, 2018]

Michigan

The Public Service Commission has proposed amendments (see 2016-057) to adopt by reference current federal regulations governing gas safety along with updating certain other technical standards contained in the rules. The proposed amendments may also make minor changes to Michigan rules so that the language in these rules conforms more closely to the federal rules.
[Request for rulemaking approved by ORR 9/15/2016; draft rule approved by ORR 1/2/2018; regulatory impact statement filed 1/12/2018; public hearing held 3/29/2018.]

Minnesota

HF2637 / SF2376 would require the filing of a plan for abandonment of a pipeline and approval of the plan by the public safety commissioner.
[5/8/2017: In the House Public Safety and Security Policy and Finance committee and the Senate Transportation Finance and Policy committee.]

SF2217 would add a new section to the MN statutes requiring notice of a pipeline integrity dig; allowing for state inspectors at an integrity dig; requiring notice of contamination; providing for assessing the cost of inspections to a pipeline.
[3/23/2017: Introduced and referred to Transportation Finance and Policy committee.]

HF2719 proposes that the notification center be required to create contact database for all MN operators; stipulates that all underground facilities must be buried between 2 and 4 feet below the surface; and specifies conditions where an excavator is not required to reimburse an operator for damage to facilities, and when the operator is required to reimburse the excavator for additional work.
[3/8/2018: recalled from the Committee on Transportation and Regional Governance Policy and re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.]

Missouri

SB0816 would increase civil penalty for damage to underground facilities from $10,000 to $50,000.
[3/29/2018: Voted Do Pass in the Senate Transportation, Infrastructure and Public Safety Committee.]

Nebraska

LB1031 would change excavation notification and marking requirements, restrict excavation methods used within the marked approximate location of an underground facility, and provide for large project planning meetings, rulemaking authority, and cost allocation under the One-Call Notification System Act.
[2/13/2018: Hearing in Transportation and Telecommunications Committee.]

South Dakota

Two bills were signed by the Governor, with new laws effective on 7/1/2018:

HB1023 amends the state law to remove the exemption of rural gathering facilities (as defined by 49 C.F.R. 192.8) from enforcement under the state pipeline safety regulations.

HB1159 requires an excavator to immediately call 911 if damage occurs during an excavation that results in the escape of flammable, toxic or corrosive gas or liquid.

Southwest Region Update

Louisiana

In February, the Louisiana Office of Conservation proposed to amend its Natural Gas Policy rules as required as a part of the Department of Natural Resources certification agreement with the US Department of Transportation. The proposed rule changes include additional requirements for direct assessment for Hazardous Liquid operators, excess flow valve (EFV) requirements, manual service line shut-off valve requirements, pressure regulating / over pressure protection changes, and enhanced rules for inspection of break out tanks.
[2/10/2018: Notice of Intent filed.]

Oklahoma

The State Corporation Commission adopted amendments to its rules for Gas & Hazardous Liquid Pipeline Safety to amend the dates for federal regulations adopted by reference. The rules were effective 9/11/2017. A notice of proposed rulemaking was published for these same rules on 12/28/2017 to update these same references and other references to the Oklahoma Underground Facilities Damage Prevention Act, and the rules were adopted by the commission on 2/20/2018, and sent for approval from the legislature on 3/2/2018.

SB997 / HB 3407 would change the definition of an underground facility include intrastate and interstate gas and hazardous liquid or carbon dioxide pipelines as defined in 49 CFR 192.1 and 195.1.
[4/12/2018: Do Pass from Senate Utilities committee, passed in Senate and engrossed back to House.]

Texas

The Railroad Commission of Texas has proposed to amend its Oil and Gas division rules to amend pipeline fees and registration/renewal procedures pursuant to HB1818 (2017). Public comments are accepted through 5/7/2018.

Western Region Update

California

In 2015, the CPUC issued an Order Instituting Rulemaking to adopt rules and procedures governing commission-regulated natural gas pipelines and facilities to reduce natural gas leakage consistent with SB 1371 (see the original scoping memo).
[Decision D1706015 approved the program at its current stage, as well as changes to General Order 112F and extended the statutory deadline. A new scoping memo was issued on 9/20/17 to determine data requirements, how to integrate best practices and annual reporting requirements with federal and other state requirements, how to incorporate requirements into General Order 112-F, and ratemaking treatment. A proposed decision on Phase 2 is expected in the 3rd quarter of 2019.

The OSFM’s ongoing rulemaking to develop the regulations as required by AB 864 (2015). The legislation requires, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
Furthermore, by July 1, 2018, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone would be required to submit a plan to retrofit the pipeline by January 1, 2020, with the best available technology. Best available technology includes, but is 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.
The OSFM determined that it would not formulate new rules by the July 1, 2017 adoption date, and continues working to adopt regulations as expeditiously as possible.
[Draft regulations were last revised on 4/17/17.]

Colorado

The Oil and Gas Conservation Commission has adopted new flowline rules which will become effective May 1, 2018.
The adopted rules include clarification of definitions; requirements for registering new and existing flowlines and domestic taps with UNCC (Utility Notification Center of Colorado – Colorado’s “one-call” program); provisions for confidential sharing of flowline location data with local government agencies; training requirements for flowline installers and inspectors; repair and maintenance (including records) requirements; required Tier One operator participation in UNCC; isolation and check valve installation requirements; integrity management and testing requirements; and rules for abandonment.

The Colorado Public Utilities Commission is engaged in an ongoing rulemaking to amend its Gas Rules. A hearing on the proposed rules was conducted on 10/16/2017, and supplemental comments were received through 11/13/2017. The Administrative Law Judge recommended adoption on 2/5/2018, and the rules will become effective on 2/25/2018 if no exceptions are filed.

Washington

HB 2979 introduces new requirements for locating underground facilities, including positive response, minimum marking standards, adopting a new process for coordinating large projects, and requiring new and replacement facilities to be locatable.
[2/1/2018: Introduced.]

Wyoming

The Public Service Commission has proposed amendments (ARR 17-069 filed 8/10/2017) to its rules for electric, gas and water utilities outlining more detailed requirements for Integrated Resource Plans. The deadline for comments was 10/4/2017.


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Federal Pipeline Safety Rulemaking Update – March 2018

This update includes information from the March Report on DOT Significant Rulemakings and from the Office of Management and Budget list of Current Agenda Agency Regulatory Entries for Active Actions:

Final and interim final rules:

Pending rules:

In addition to rules included in the report, the Office of Management and Budget lists these rules in its Current Agenda Agency Regulatory Entries for Active Actions:

Publication ID: Fall 2017

Final rule stage

Pipeline Safety: Safety of Hazardous Liquid Pipelines

RIN-2137-AE66 / Docket no. PHMSA-2010-0229
Affects: 49 CFR 195

This rulemaking would amend the Pipeline Safety Regulations to improve protection of the public, property, and the environment by closing regulatory gaps where appropriate, and ensuring that operators are increasing the detection and remediation of unsafe conditions, and mitigating the adverse effects of hazardous liquid pipeline failures.

Rulemaking Project Initiated: 08/13/2010
Stage: Final Rule (Delayed – Additional coordination necessary)   Previous Stage: NPRM 10/13/2015

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/13/2016 08/01/2016 07/29/2016
To OMB 06/21/2016 10/19/2016  10/18/2016
OMB Clearance 09/21/2016 12/20/2016  01/10/2017
Returned to Mode 01/23/2017
Resubmitted to OST 03/16/2018
Resubmitted to OMB 05/04/2018
OMB Clearance / 2 08/03/2018
Publication Date 10/03/2016 08/17/2018

Pipeline Safety: Safety of Gas Transmission Pipelines, MAOP Reconfirmation, Expansion of Assessment Requirements and Other Related Amendments

RIN 2137–AE72  / Docket no. PHMSA-2011-0023
Affects: 49 CFR 191 and 192

This rulemaking would amend the pipeline safety regulations to address the testing and pressure reconfirmation of certain previously untested gas transmission pipelines and certain gas transmission pipelines with inadequate records, require operators incorporate seismicity into their risk analysis and data integration, require the reporting of maximum allowable operating pressure exceedances, allow a 6-month extension of integrity management reassessment intervals with notice, and expand integrity assessments outside of high consequence areas to other populated areas.

Rulemaking Project Initiated: 01/04/2011
Stage: Final Rule
Previous Stage: ANPRM 8/25/2011; End of C/P 12/2/2011; End of Extended C/P 1/20/2012. NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016; End of C/P/ 06/08/2016; Extension of C/P. NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016; End of C/P 06/08/2016; Extension of C/P.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/28/2018
To OMB 12/04/2018
OMB Clearance 03/04/2019
Publication Date 03/14/2019

Pipeline Safety: Safety of Gas Gathering Pipelines

RIN 2137-AF38 / Docket no. not yet assigned
Affects: —

This rulemaking would require all gas gathering pipeline operators to report incidents and annual pipeline data. PHMSA is also extending regulatory safety requirements to Type A gathering lines in Class 1 locations and is proposing to change certain definitions related to gas gathering operation.

Rulemaking Project Initiated: 03/01/2018
Stage: Final Rule
Previous Stage: NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016; End of C/P 06/08/2016; Extension of C/P. NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016; End of C/P 06/08/2016; Extension of C/P.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/28/2019
To OMB 05/02/2019
OMB Clearance 08/02/2019
Publication Date 08/14/2019
End of Comment Period 10/14/2019

Pipeline Safety – Safety of Gas Transmission Pipelines, Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments

RIN 2137-AF39 / Docket no. not yet assigned
Affects: 49 CFR 192, 195

This rulemaking would amend the pipeline safety regulations relevant to gas transmission pipelines by adjusting the repair criteria in high consequence areas and creating new criteria for non-high consequence areas, requiring the inspection of pipelines following extreme events, requiring safety features on in-line inspection tool launchers and receivers, updating and bolstering pipeline corrosion control, codifying a management of change process, clarifying certain integrity management provisions, and strengthening integrity management assessment requirements.

Rulemaking Project Initiated: 03/01/2018
Stage: Final Rule
Previous Stage: NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016; End of C/P 06/08/2016; Extension of C/P. NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016; End of C/P 06/08/2016; Extension of C/P.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/28/2018
To OMB 03/04/2019
OMB Clearance 06/04/2019
Publication Date 06/12/2019
End of Comment Period 08/12/2019

Pipeline Safety: Issues Related to the use of Plastic Pipe in Gas Pipeline Industry

RIN 2137-AE93 / Docket no. PHMSA 2014-0098
Affects: 49 CFR 192, 195

PHMSA is amending the Federal Pipeline Safety Regulations that govern the use of plastic piping systems in the transportation of natural and other gas. These amendments are necessary to enhance pipeline safety, adopt innovative technologies and best practices, and respond to petitions from stakeholders. The amendments include an increased design factor for polyethylene (PE) pipe, stronger mechanical fitting requirements, new and updated riser standards, new accepted uses of Polyamide-11 (PA-11) thermoplastic pipe, authorization to use Polyamide-12 (PA-12) thermoplastic pipe and new or updated consensus standards for pipe, fittings, and other components.

Rulemaking Project Initiated: 05/11/2012
Stage: Final Rule
Previous Stage: NPRM published 5/21/2015; C/P closed 7/31/2015.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/02/2018
To OMB 05/11/2018
OMB Clearance 08/13/2018
Publication Date 06/30/2016 08/24/2018

Pending rules

Pipeline Safety: Class Location Requirements

RIN 2137-AF29 / Docket no. PHMSA-2017-0151
Affects: 49 CFR 192

This rulemaking regards existing class location requirements, specifically as they pertain to actions operators are required to take following class location changes. Operators have suggested that performing integrity management measures on pipelines where class locations have changed due to population increases would be an equally safe but less costly alternative to the current requirements of either reducing pressure, pressure testing, or replacing pipe. This request for public comment would be used to inform future regulatory or deregulatory efforts related to this topic.

Rulemaking Project Initiated: 06/29/2017
Stage: ANPRM
Previous Stage: N/A

Dates for ANPRM      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/06/2017  01/30/2018
To OMB 12/26/2017 03/30/2018
Publication Date 04/09/2018 05/01/2018
End of Comment Period 06/11/2018 06/30/2018

Additional rules

The Office of Management and Budget lists these rules in its Current Agenda Agency Regulatory Entries for Active Actions.

Pipeline Safety: Underground Storage Facilities for Natural Gas

RIN 2137-AF22 / Docket no. PHMSA-2016-0016
Affects: 49 CFR 191, 192

In December 2016, PHMSA issued an interim final rule (IFR) titled: “Pipeline Safety: Underground Natural Gas Storage Facilities” (81 FR 91860). In the IFR, PHMSA established minimum federal safety standards for intrastate and interstate underground natural gas storage facilities under its regulatory authority at 49 U.S.C. 60101 and 60102 and as directed by section 12 of the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016.” On January 18, 2017, the American Gas Association, the American Petroleum Institute, the American Public Gas Association, and the Interstate Natural Gas Association of America (INGAA) jointly submitted a petition seeking reconsideration of certain provisions of the IFR. (INGAA has since withdrawn from the petition.)

Recognizing that the IFR set certain deadlines by which the operators of underground natural gas storage facilities must act but that would occur before PHMSA could adopt a final rule, PHMSA published a notice on June 20, 2017, in the Federal Register (82 FR 28224), announcing that (1) the agency would not issue enforcement citations to operators for non-compliance with certain provisions of the IFR for a period of one year after publication of the final rule, and (2) it intended to address the issues raised by the petitioners in the final rule. For these reasons, PHMSA provided the public with an additional opportunity to comment on the IFR and an opportunity to comment on the issues raised in the petition. PHMSA reopened the comment period for this IFR on October 19, 2017 through November 20, 2017.

Timetable:

Action Date FR Cite
Interim Final Rule  12/19/2016 81 FR 91860
Interim Final Rule Effective  01/18/2017
Interim Final Rule Comment Period End  02/17/2017
Final Rule  01/00/2018

Pipeline Safety: Amendments to Parts 192 and 195 to require Valve installation and Minimum Rupture Detection Standards

RIN 2137-AF06   / Docket no. PHMSA 2013-0255
Affects: 49 CFR 192 and 195

This rule would propose installation of automatic shutoff valves, remote controlled valves, or equivalent technology and establish performance based meaningful metrics for rupture detection for gas and liquid transmission pipelines. The overall intent is that rupture detection metrics will be integrated with ASV and RCV placement with the objective of improving overall incident response. Rupture response metrics would focus on mitigating large, unsafe, uncontrolled release events that have a greater potential consequence. The areas proposed to be covered include High Consequence Areas (HCA) for hazardous liquids and HCA, Class 3 and 4 for natural gas (including could affect areas).

Timetable:

Action Date FR Cite
NPRM  04/00/2018

Pipeline Safety: Standards Update Rule–2015 and Beyond

RIN: 2137-AF13  / Docket no. PHMSA 2011–0337
Affects: 49 CFR 192, 193, 194, 195

This NPRM proposes to incorporate by reference all or parts of new, updated, or reaffirmed editions of voluntary consensus standards. The practice of incorporating voluntary consensus standards requires pipeline operators to use the most current industry technologies, materials, and management practices available on today’s market. The new versions reflect new technology and/or improvements to the existing standards thereby saving the pipeline operators pipeline construction and compliance costs. PHMSA is also proposing to make non-substantive edits and to clarify regulatory language in certain provisions. These proposed changes would be relatively minor, and would not require pipeline operators to undertake any significant new pipeline safety initiatives.

Action Date FR Cite
NPRM  06/00/2018

Pipeline Safety: Enhanced Emergency Order Procedures

RIN: 2137-AF26  /  Docket no. PHMSA 2016-0091
Affects: 49 CFR 190

PHMSA issued an interim final rule (IFR) that established regulations implementing the emergency order authority conferred on the Secretary of Transportation by the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act of 2016 or Act). These regulations are mandated by the PIPES Act of 2016 and establish procedures for the issuance of emergency orders (restrictions, prohibitions) to address unsafe conditions or practices posing an imminent hazard. The purpose of these requirements is to improve PHMSA’s existing enforcement authority to allow us to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. The next planned action is to finalize the interim final rule.

Legal Deadline:

Action Source Description Date
Final  Statutory The PIPES Act of 2016, which amends 49 U.S.C. sec. 60117, requires the Secretary of Transportation to issue a temporary regulation no later than 60 days and a final regulation no later than 270 days. 08/22/2016

Timetable:

Action Date FR Cite
Interim Final Rule  10/14/2016 81 FR 70980
Interim Final Rule Effective  10/14/2016
Interim Final Rule Comment Period End  12/13/2016
Final Action  01/00/2018

At ViaData, we help you keep abreast of changes in federal and state pipeline safety regulations. But that’s not all – WinDOT our online pipeline encyclopedia provides you with all the background you need, from the initial incidents that provide the catalyst to change the law, through the legislative and rulemaking processes, and finally to the new law and its interpretations and enforcement. Check us out!

Federal Pipeline Safety Rulemaking Update – January 2018

This update includes information from the Department of Transportation’s January Report on DOT Significant Rulemakings and from the Office of Management and Budget list Current Agenda Agency Regulatory Entries for Active Actions.
Final and interim final rules:

Pending rules:

OMB Current Agenda Agency Regulatory Entries for Active Actions:

Final rule stage

Pipeline Safety: Safety of Hazardous Liquid Pipelines

RIN-2137-AE66 / Docket no. PHMSA-2010-0229
Affects: 49 CFR 195

This rulemaking would amend the Pipeline Safety Regulations to improve protection of the public, property, and the environment by closing regulatory gaps where appropriate, and ensuring that operators are increasing the detection and remediation of unsafe conditions, and mitigating the adverse effects of hazardous liquid pipeline failures.

Rulemaking Project Initiated: 08/13/2010
Stage: Final Rule   Previous Stage: NPRM 10/13/2015

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/13/2016 08/01/2016 07/29/2016
To OMB 06/21/2016 10/19/2016  10/18/2016
OMB Clearance 09/21/2016 12/20/2016  01/10/2017
Returned to Mode 01/23/2017
Resubmitted to OST 03/16/2018
Resubmitted to OMB 05/04/2018
OMB Clearance / 2 08/03/2018
Publication Date 10/03/2016 08/17/2018

Pipeline Safety: Safety of Gas Transmission and Gathering Pipelines

RIN 2137–AE72  / Docket no. PHMSA-2011-0023
Affects: 49 CFR 192

This rulemaking would amend the pipeline safety regulations to address integrity management principles for gas transmission pipelines. The rulemaking would address repair criteria for high-consequence areas (HCA) and non-HCA areas, assessment methods, validating and integrating pipeline data, risk assessments, knowledge gained through the integrity management program, corrosion control, change management, gathering lines, and safety features on launchers and receivers.

Rulemaking Project Initiated: 01/04/2011
Stage: Final Rule
Previous Stage: ANPRM 8/25/2011; End of C/P 12/2/2011; End of Extended C/P 1/20/2012.
NPRM: Publication Approved 03/11/2016; Publication Date 04/08/2016; End of C/P 06/08/2016; Extension of C/P.

Dates for Final Rule
Milestone Originally 
Scheduled
Date
New 
Projected
Date
Actual 
Date
To OST 03/29/2018
To OMB 05/10/2018
OMB Clearance 08/10/2018
Publication Date 08/22/2018

Pipeline Safety: Issues Related to the use of Plastic Pipe in Gas Pipeline Industry

RIN 2137-AE93 / Docket no. PHMSA 2014-0098
Affects: 49 CFR 192

PHMSA is amending the Federal Pipeline Safety Regulations that govern the use of plastic piping systems in the transportation of natural and other gas. These amendments are necessary to enhance pipeline safety, adopt innovative technologies and best practices, and respond to petitions from stakeholders. The amendments include an increased design factor for polyethylene (PE) pipe, stronger mechanical fitting requirements, new and updated riser standards, new accepted uses of Polyamide-11 (PA-11) thermoplastic pipe, authorization to use Polyamide-12 (PA-12) thermoplastic pipe and new or updated consensus standards for pipe, fittings, and other components.

Rulemaking Project Initiated: 05/11/2012
Stage: Final Rule
Previous Stage: NPRM published 5/21/2015; C/P closed 7/31/2015.

Dates for Final Rule
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/02/2018
To OMB 05/11/2018
OMB Clearance 08/13/2018
Publication Date 06/30/2016 08/24/2018

Pending rules

Pipeline Safety: Class Location Requirements

RIN 2137-AF29 / Docket no. PHMSA-2017-0151
Affects: 49 CFR 192

This rulemaking regards existing class location requirements, specifically as they pertain to actions operators are required to take following class location changes. Operators have suggested that performing integrity management measures on pipelines where class locations have changed due to population increases would be an equally safe but less costly alternative to the current requirements of either reducing pressure, pressure testing, or replacing pipe. This request for public comment would be used to inform future regulatory or deregulatory efforts related to this topic.

Rulemaking Project Initiated: 06/29/2017
Stage: ANPRM
Previous Stage: N/A

Dates for ANPRM      
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/06/2017 02/20/2018
To OMB 12/26/2017 04/03/2018
Publication Date 04/09/2018 04/27/2018
End of Comment Period 06/11/2018 06/23/2018

Additional rules

The Office of Management and Budget lists these rules in its Current Agenda Agency Regulatory Entries for Active Actions.

Pipeline Safety: Underground Storage Facilities for Natural Gas

RIN 2137-AF22 / Docket no. PHMSA-2016-0016
Affects: 49 CFR 191, 192

In December 2016, PHMSA issued an interim final rule (IFR) titled: “Pipeline Safety: Underground Natural Gas Storage Facilities” (81 FR 91860). In the IFR, PHMSA established minimum federal safety standards for intrastate and interstate underground natural gas storage facilities under its regulatory authority at 49 U.S.C. 60101 and 60102 and as directed by section 12 of the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016.” On January 18, 2017, the American Gas Association, the American Petroleum Institute, the American Public Gas Association, and the Interstate Natural Gas Association of America (INGAA) jointly submitted a petition seeking reconsideration of certain provisions of the IFR. (INGAA has since withdrawn from the petition.)

Recognizing that the IFR set certain deadlines by which the operators of underground natural gas storage facilities must act but that would occur before PHMSA could adopt a final rule, PHMSA published a notice on June 20, 2017, in the Federal Register (82 FR 28224), announcing that (1) the agency would not issue enforcement citations to operators for non-compliance with certain provisions of the IFR for a period of one year after publication of the final rule, and (2) it intended to address the issues raised by the petitioners in the final rule. For these reasons, PHMSA provided the public with an additional opportunity to comment on the IFR and an opportunity to comment on the issues raised in the petition. PHMSA reopened the comment period for this IFR on October 19, 2017 through November 20, 2017.

Timetable:

Action Date FR Cite
Interim Final Rule  12/19/2016 81 FR 91860
Interim Final Rule Effective  01/18/2017
Interim Final Rule Comment Period End  02/17/2017
Final Rule  01/00/2018

Pipeline Safety: Amendments to Parts 192 and 195 to require Valve installation and Minimum Rupture Detection Standards

RIN 2137-AF06   / Docket no. PHMSA 2013-0255
Affects: 49 CFR 192 and 195

This rule would propose installation of automatic shutoff valves, remote controlled valves, or equivalent technology and establish performance based meaningful metrics for rupture detection for gas and liquid transmission pipelines. The overall intent is that rupture detection metrics will be integrated with ASV and RCV placement with the objective of improving overall incident response. Rupture response metrics would focus on mitigating large, unsafe, uncontrolled release events that have a greater potential consequence. The areas proposed to be covered include High Consequence Areas (HCA) for hazardous liquids and HCA, Class 3 and 4 for natural gas (including could affect areas).

Timetable:

Action Date FR Cite
NPRM  04/00/2018

Pipeline Safety: Standards Update Rule–2015 and Beyond

RIN: 2137-AF13  / Docket no. PHMSA 2011–0337
Affects: 49 CFR 192, 193, 194, 195

This NPRM proposes to incorporate by reference all or parts of new, updated, or reaffirmed editions of voluntary consensus standards. The practice of incorporating voluntary consensus standards requires pipeline operators to use the most current industry technologies, materials, and management practices available on today’s market. The new versions reflect new technology and/or improvements to the existing standards thereby saving the pipeline operators pipeline construction and compliance costs. PHMSA is also proposing to make non-substantive edits and to clarify regulatory language in certain provisions. These proposed changes would be relatively minor, and would not require pipeline operators to undertake any significant new pipeline safety initiatives.

Timetable:

Action Date FR Cite
NPRM  06/00/2018

Pipeline Safety: Enhanced Emergency Order Procedures

RIN: 2137-AF26  /  Docket no. PHMSA 2016-0091
Affects: 49 CFR 190

PHMSA issued an interim final rule (IFR) that established regulations implementing the emergency order authority conferred on the Secretary of Transportation by the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act of 2016 or Act). These regulations are mandated by the PIPES Act of 2016 and establish procedures for the issuance of emergency orders (restrictions, prohibitions) to address unsafe conditions or practices posing an imminent hazard. The purpose of these requirements is to improve PHMSA’s existing enforcement authority to allow us to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. The next planned action is to finalize the interim final rule.

Legal Deadline:

Action Source Description Date
Final  Statutory The PIPES Act of 2016, which amends 49 U.S.C. sec. 60117, requires the Secretary of Transportation to issue a temporary regulation no later than 60 days and a final regulation no later than 270 days. 08/22/2016

Timetable:

Action Date FR Cite
Interim Final Rule  10/14/2016 81 FR 70980 
Interim Final Rule Effective  10/14/2016
Interim Final Rule Comment Period End  12/13/2016
Final Action  01/00/2018

At ViaData, we help you keep abreast of changes in federal and state pipeline safety regulations. But that’s not all – WinDOT our online pipeline encyclopedia provides you with all the background you need, from the initial incidents that provide the catalyst to change the law, through the legislative and rulemaking processes, and finally to the new law and its interpretations. Check us out!

State Pipeline Safety Regulation Updates

State Pipeline Safety Regulation Updates

Here are pipeline safety legislative updates for February 2018. Click on a region below to see details.

Eastern Region Update  Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia

Southern Region Update  Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee

Central Region Update  Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin

Southwest Region Update  Arkansas, Louisiana, New Mexico, Oklahoma, Texas

Western Region Update  Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming

Eastern Region Update

Massachusetts

The Department of Public Utilities is engaged in the following rulemaking:

Docket 16-31 will establish requirements for Uniform Natural Gas Leaks Classification.
[Reply comments have been received through 11/7/2017 and hearing was held on 10/25/2017.]

Three bills would impact the Dig Safe laws:

S1838 would require a survey by the gas company prior to an excavation project, and verification that gate valves are installed for all shutoff valves in the area are closed before beginning excavation, and that the valves are cleared and accessible. [10/26/2017 Hearing]

H1813 would require land surveyors on construction projects to premark subsurface utilities. Violators could be required to attend Dig Safe training. [2/6/2018 House pending concurrence, 2/7/2018 Senate concurred]

H3388 would clarify marking standards, and types of excavation exempt from marking requirements. Violators could be required to attend Dig Safe training. [6/13/2017 Hearing]

New Jersey

S679 / A2614 (previously S2673 / A4127) was introduced on 10/13/2016 and 9/19/2016 to increase civil penalties for safety violations with respect to natural gas pipelines and distribution facilities and hazardous liquid underground pipeline and distribution facilities. Under current law, a violator is subject to a civil penalty of not more than $100,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $1,000,000 for any related series of violations. Under the bill, a violator is subject to a civil penalty of not more than $200,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $2,000,000 for any related series of violations.
[11/21/2016: Passed unanimously by the Assembly; 12/5/2016 received in Senate, to Economic Growth Committee; 1/9/2018 Introduced in Senate, referred to Economic Growth Committee; 2/1/2018 Introduced in Assembly, referred to Telecommunications and Utilities Committee.]

A1471 / S668 (previously A250 / S1135) both introduced at the beginning of the 2016 legislative session would require public utilities and pipeline operators to reimburse a municipality for costs it incurs in providing emergency services to respond to any emergency involving a pipeline.
[1/9/2018: Introduced in Assembly, Referred to Assembly Telecommunications and Utilities Committee; Introduced in Senate, Referred to Senate Economic Growth Committee.]

New York

Rulemaking was initiated on June 28 by the NY State Department of Public Service to amend their rules of procedure and gas utilities laws to ensure conformance with 49 CFR Part 192.

The following bills are going through the legislative process:

A03771S3743S6756 – Would require all excavators to complete the training and education program provided by the one-call system.
[1/3/2018: in Senate Consumer Protection committee and Assembly Ways and Means committee.]

A00467 / S04264 establishes a uniform leak classification system and would require classification of reported leaks.
[1/16/2018: Assembly amended on 3rd reading; 1/17/2018: Senate amended and recommitted to Energy and Telecommunications committee.]

A00656 would require gas corporations to file a plan with the public service commission addressing aging or leaking pipelines within their service territory and outlining plans for the replacement of such pipelines.
[1/3/2018: in Corporations, Authorities and Commissions committee.]

A00661 / S00066 / S02186 would require liquid petroleum pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high-risk of leaking.
[1/3/2018: In Assembly Energy committee; in Senate Energy and Telecommunications committee.]

A00917 Changes the description of fuel gas transmission line that requires reporting to include transmission lines of any pressure used to transport fuel gas. Currently, low pressure transmission lines (lines with pressures of 124 pounds per square inch (psi) or less) are not regulated, inspected, or mapped in any systematic way.
[1/17/2018: Passed Assembly; to Senate Energy and Telecommunications committee.]

A01016 would amend the definition of “excavation” to require excavators to request mark outs for excavations of greater than 6″ depth using hand tools; operators would be required to mark all facilities they operate, whether or not they installed them.
[1/3/2018: in Corporations, Authorities and Commissions committee.]

S04715 would require gas corporations to submit annual reports that include an explanation of methods used to establish replacement priorities, its operating and maintenance activities related to gas safety and a list of completed replacement projects.
[1/3/2018: in Senate Energy and Telecommunications committee.]

S05930 would amend the definition of excavation to include addtional activities.
[1/3/2018: in Senate Energy and Telecommunications committee.]

Pennsylvania

The Underground Utility Line Protection Law (P.L.852, No.287) was amended by SB 242 signed by the Governor on October 20, 2017.  This act transfers enforcement authority from the Department of Labor and Industry to the Pennsylvania Public Utility Commission (PUC); removes excavation work exemptions for extracting natural resources, minor routine maintenance by political subdivisions, routine maintenance and removal of sediment buildup on public road right-of-ways. (All facility owners and their contractors must participate in PA One-Call, including those for Class 1 gathering pipelines.) It also provides for mapping of lines and facilities moving forward, establishes a damage prevention committee, places additional duties on facility owners, excavators and project owners, and provides for assessments, fees and penalties.

HB 47 would amend Underground Utility Line Protection Law, requiring the use of steel products made in the United States for the construction of new gathering lines.
[1/23/2017: Introduced and referred to the Consumer Affairs committee.]

SB 488 “Rural Pennsylvania Pipeline Safety Act” would create new statutes requiring the PUC to maintain a registry of all rural pipeline operators, and detailing the commission’s authority and powers of enforcement with regard to these operators.
[3/6/2017: Introduced and referred to the Consumer Protection and Professional Licensure committee.]

HB 1700 “Pipeline Safety and Communication Board Act.” The board’s purpose would be to (1) To collect and disseminate to the public information of Commonwealth agencies relative to the planning, siting, construction, operation, maintenance, management, inspection and safety of and emergency response procedures for pipelines. (2) To coordinate communications relating to pipeline activities with Federal, State and local government agencies and regulatory authorities, pipeline companies and the public.
[Introduced 8/15/2017 and referred to the Environmental Resources and Energy Committee.]

SB 930 adds a subchapter to the Public Utilities statutes for service and facilities to provide for pipeline emergency management information.
[11/1/2017: Introduced and referred to the Consumer Protection and Professional Licensure committee.]

Rhode Island

HB 7480 would require any public utility or its contractor to reimburse an excavator for lost time expense incurred, including manpower and equipment from the utilities incorrect marking of underground utilities.
[2/7/2018: Introduced and referred to House Corporations committee.]

Vermont

H.749 would make minor amendments to the Underground Utility Damage Prevention laws to clarify definitions, marking requirements and include underground hot water and steam facilities.
[1/30/2018: Introduced and referred to committee on Energy and Technology.

Washington, D.C.

Chapter 15-37 DCMR Natural Gas Quality of Service Standards was added to WinDOT. A Notice of Proposed Rulemaking with amendments to this chapter was filed on 8/11/2017 to modify reporting requirements for gas outages and incidents; reporting and repairing requirements for gas leaks and odor complaints; reporting and responding requirements for gas emergencies; customer service standards and surveys; reliability standards; and compliance reporting. The amendments also propose remedies for violations that may include forfeiture or civil penalties.

Southern Region Update

Georgia

Rulemaking dockets were opened on 9/6/2017 to amend the PSC’s gas rules.

Kentucky

SB104 would amend the Public Service Commission Utilities law to ensure state penalties for violations of the Natural Gas Pipeline Safety Act conform with federal penalties; amend the Underground Facility Damage Prevention Act of 1994 to require underground facility operators to report to the commission excavation damage to an underground facility used in the transportation of gas or hazardous liquid and to authorize the commission to enforce and assess civil penalties for those damages.
[2/15/2018: second reading and referred to Senate Rules committee.]

SB 117 would amend the Underground Facility Damage Prevention Act of 1994 to waive the rights of nonmember operators of the Kentucky Contact Center for damage to their underground facilities; to eliminate the requirement that the operators file their contact information with the county clerk where the operator has underground facilities and to require the Kentucky Contact Center to maintain a list of members’ contact information.
[1/31/2018: introduced and referred to the Natural Resources and Energy committee.]

The Public Service Commission filed amendments for the following rules with the Legislative Research Council on 11/27/2017:

807 KAR 5:022 – General rules for gas utilities – eliminates redundancy and clarifies service requirements for natural gas utilities.

807 KAR 5:026 – Gathering lines – changes the engineering specifications of piping to conform with current industry standards.

807 KAR 5:027 – Gas pipeline safety, reports of leaks, and drug testing by operators of natural gas facilities – eliminates redundant and unnecessary state regulations that essentially mirror the federal standards

807 KAR 5:081 – repeals per the Governor’s Red Tape Reduction Initiative. 807 KAR 5:023 is being repealed in order to incorporate the federal requirement for drug testing of employees of operators of natural gas facilities found in 49 C.F.R. into 807 KAR 5:027. 807 KAR 5:031 is being repealed due to the enactment of the Natural Gas Wellhead Decontrol Act of 1989, which eliminated the need for gas well determinations.

A public hearing was held on 1/24/2018, and written comments were accepted through 1/31/2018.

South Carolina

S 0774 would amend the South Carolina Underground Facility Damage Prevention Act to repeal sections that require a notice of intent to excavate or demolish.

Tennessee

The Tennessee Regulatory Authority has changed its name to the Tennessee Public Utilities Commission. This change has been updated in the Tennessee Code, but not in the agency’s rules.

SB 1812 / HB 1791 would amend he Underground Utility Damage Prevention Act to authorize the underground utility damage enforcement board to establish rules for best practices for uniform color code and marking; declare it a violation if operators fail to become members of the one-call service by January 1, 2018 and imposes a $5,000 penalty for that violation.
[1/29/2018: passed on second consideration in the Senate and referred to the State and Local Government committee; 1/30/2018 referred to House Business and Utilities Subcommittee.]

Central Region Update

Illinois

SB1383 would amend the Illinois Underground Utility Facilities Damage Prevention Act to specify additional required activities for an excavator who engages in nonemergency excavation or demolition, modify the requirements for an excavator who engages in emergency excavation or demolition, provide notice requirements for damaged, dislocated, and exposed underground utility facilities. Provides additional requirements for record of notice and the marking of underground utility facilities. Modifies Sections concerning liability, financial responsibility, negligence, and penalties for violating the provisions of the Act. Repeals a Section concerning preconstruction conferences. Makes certain provisions apply to home rule municipalities with a population over 1,000,000.
[8/4/2017: In Senate Assignments committee.]

Iowa

The Iowa Utilites Board is engaged in the following rulemakings:

RMU-2016-0004 Review of Intrastate Gas and Underground Gas Storage Rules in 199 IAC Chapter 10

RMU-2016-0013 Review of Restoration of Agricultural Lands During and After Pipeline Construction Rules in 199 IAC Chapter 9

RMU-2016-0015 Review of Hazardous Liquid Pipelines and Underground Storage Rules 199 IAC Chapter 13

Status information on these dockets is available here.

Indiana

SB0125 would add to and amend the Indiana Code in Title 8, Chapter 26 Damage to Underground Facilities. Provides that a person may not excavate real property or demolish a structure served by an underground utility facility without first being authorized to do business in Indiana. Provides that in an entity filing required or permitted under the Uniform Business Organizations Administrative Provisions Act, a person that seeks to excavate real property or demolish a structure served by an underground utility facility in Indiana must include a signed statement that the person will comply with the Indiana statute concerning underground utility facilities. Provides that before commencing such an excavation or demolition, a communications service provider shall serve notice on the executive of each municipality and county in which any part of the excavation or demolition will be performed. Provides that the required notice must be received by each municipal or county executive at least 10 full working days before the commencement of the excavation or demolition and must: (1) include documentation that all employees or contractors who will perform the excavation or demolition have received training on excavation industry best practices and on the requirements of the Indiana statute concerning underground utility facilities; (2) include documentation that all contractors who will perform the excavation or demolition are authorized to do business in Indiana; and (3) be signed by or on behalf of a person authorized to sign the notice.
[2/6/2018: Passed House and referred to Senate; 2/12/2018 First reading in Senate, referred to Committee on Utilities, Energy and Telecommunications.]

Michigan

The Public Service Commission has proposed amendments (see 2016-057) to adopt by reference current federal regulations governing gas safety along with updating certain other technical standards contained in the rules. The proposed amendments may also make minor changes to Michigan rules so that the language in these rules conforms more closely to the federal rules.
[Request for rulemaking approved by ORR 9/15/2016; draft rule approved by ORR 1/2/2018; regulatory impact statement filed 1/12/2018.]

Minnesota

HF2637 / SF2376 would require the filing of a plan for abandonment of a pipeline and approval of the plan by the public safety commissioner.
[5/8/2017: In the House Public Safety and Security Policy and Finance committee and the Senate Transportation Finance and Policy committee.]

SF2217 would add a new section to the MN statutes requiring notice of a pipeline integrity dig; allowing for state inspectors at an integrity dig; requiring notice of contamination; providing for assessing the cost of inspections to a pipeline.
[3/23/2017: Introduced and referred to Transportation Finance and Policy committee.]

HF2719 proposes that the notification center be required to create contact database for all MN operators; stipulates that all underground facilities must be buried between 2 and 4 feet below the surface; and specifies conditions where an excavator is not required to reimburse an operator for damage to facilities, and when the operator is required to reimburse the excavator for additional work.
[05/21/2017: Introduction and first reading, referred to Transportation and Regional Governance Policy committee.]

Missouri

SB0816 would increase civil penalty for damage to underground facilities from $10,000 to $50,000.
[1/18/2018: Second reading and referred to Senate Transportation, Infrastructure and Public Safety Committee.]

Nebraska

LB1031 would change excavation notification and marking requirements, restrict excavation methods used within the marked approximate location of an underground facility, and provide for large project planning meetings, rulemaking authority, and cost allocation under the One-Call Notification System Act.
[2/13/2018: Hearing in Transportation and Telecommunications Committee.]

South Dakota

HB1023 would amend the state law to remove the exemption of rural gathering facilities (as defined by 49 C.F.R. 192.8) from enforcement under the state pipeline safety regulations.
[2/7/2018: Passed the Senate and signed by the Speaker.]

HB1159 would require an excavator to immediately call 911 if damage occurs during an excavation that results in the escape of flammable, toxic or corrosive gas or liquid.
[2/12/2018: Passed the House; 2/20/2018: Hearing in the Senate Commerce and Energy committee.]

Wisconsin

AB532 / SB475 amends the Wisconsin statutes to create a framework for the settlement of contested matters at the PSC; establishes a new framework regarding pipeline safety enforcement that complies with Federal PHMSA rules.
[Signed by the Governor on 1/31/2018 and effective 2/2/2018]

Southwest Region Update

New Mexico

HB94 would change the civil penalties for violations of the Pipeline Safety Act to amounts to be determined by the Public Utilities Commission as established by applicable federal law.
[1/8/2018: Introduced.]

Oklahoma

The State Corporation Commission adopted amendments to its rules for Gas & Hazardous Liquid Pipeline Safety to amend the dates for federal regulations adopted by reference. The rules were effective 9/11/2017. A notice of proposed rulemaking was published for these same rules on 12/28/2017 to update these same references and other references to the Oklahoma Underground Facilities Damage Prevention Act.

SB997 would change the definition of an underground facility include intrastate and interstate gas and hazardous liquid or carbon dioxide pipelines as defined in 49 CFR 192.1 and 195.1.
[2/6/2018: Second reading, referred to Energy Committee.]

Texas

The Commission has adopted amendments to its Underground Pipeline Damage Prevention rules in Chapter 18 pursuant to HB 1818 (2017) and federal pipeline safety requirements on 2/9/2018, effective 2/12/2018. The amendments clarify that the RRC now has jurisdiction over both intrastate and interstate pipelines, require that an excavator who damages a pipeline notify the operator within one hour of the incident, require that an excavator call 911 to report any release of product from a damaged pipeline, and increase the deadline for an operator to report damage to the RRC to 30 days.

Western Region Update

California

In 2015, the CPUC issued an Order Instituting Rulemaking to adopt rules and procedures governing commission-regulated natural gas pipelines and facilities to reduce natural gas leakage consistent with SB 1371 (see the original scoping memo).
[Decision D1706015 approved the program at its current stage, as well as changes to General Order 112F and extended the statutory deadline. A new scoping memo was issued on 9/20/17 to determine data requirements, how to integrate best practices and annual reporting requirements with federal and other state requirements, how to incorporate requirements into General Order 112-F, and ratemaking treatment. A proposed decision on Phase 2 is expected in the 3rd quarter of 2019.

The OSFM’s ongoing rulemaking to develop the regulations as required by AB 864 (2015). The legislation requires, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
Furthermore, by July 1, 2018, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone would be required to submit a plan to retrofit the pipeline by January 1, 2020, with the best available technology. Best available technology includes, but is 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.
The OSFM determined that it would not formulate new rules by the July 1, 2017 adoption date, and continues working to adopt regulations as expeditiously as possible.
[Draft regulations were last revised on 4/17/17.]

Colorado

On August 22, 2017, Governor Hickenlooper announced his seven policy initiatives developed during the State’s review of oil and gas operations after the home explosion in Firestone in April, 2017. The changes contemplated by two initiatives – strengthening COGCC’s flowline regulations and enhancing the 8-1-1 “one-call” program – were proposed through a COGCC rulemaking process.
The flowline rulemaking scoping packet, proposed rules and the agenda have been posted on the COGCC site. The scoping packet includes COGCC’s Flowline Guidance and FAQ updated in May, 2017. (The COGCC Pipeline (Flowline) Regulations and the COGCC Flowline Guidance and FAQ have been added to WinDOT.)
Rulemaking hearings held on January 8-9, 2018 concluded without a decision. Hearings resumed on February 13, with adoption of the final rules, with an expected effective date of May 1, 2018.
The adopted rules include clarification of definitions; requirements for registering new and existing flowlines and domestic taps with UNCC (Utility Notification Center of Colorado – Colorado’s “one-call” program); provisions for confidential sharing of flowline location data with local government agencies; training requirements for flowline installers and inspectors; repair and maintenance (including records) requirements; required Tier One operator participation in UNCC; isolation and check valve installation requirements; integrity management and testing requirements; and rules for abandonment.
(The new regulations will be added to WinDOT within a day or two of this post.)

The Colorado Public Utilities Commission is engaged in an ongoing rulemaking to amend its Gas Rules. A hearing on the proposed rules was conducted on 10/16/2017, and supplemental comments were received through 11/13/2017. The Administrative Law Judge recommended adoption on 2/5/2018, and the rules will become effective on 2/25/2018 if no exceptions are filed.

Washington

HB 2979 introduces new requirements for locating underground facilities, including positive response, minimum marking standards, adopting a new process for coordinating large projects, and requiring new and replacement facilities to be locatable.
[2/1/2018: Introduced.]

Wyoming

The Public Service Commission has  (ARR 17-069 filed 8/10/2017) to its rules for electric, gas and water utilities outlining more detailed requirements for Integrated Resource Plans. The deadline for comments was 10/4/2017.


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State Pipeline Safety Regulation Updates

Here are pipeline safety legislative updates to kick off 2018 through January 16. Click on a region below to see details.

Eastern Region Update  Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia

Southern Region Update  Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee

Central Region Update  Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, Wisconsin

Southwest Region Update  Arkansas, Louisiana, New Mexico, Oklahoma, Texas

Western Region Update  Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming

Eastern Region Update

Massachusetts

The Department of Public Utilities is engaged in the following rulemaking:

Docket 16-31 will establish requirements for Uniform Natural Gas Leaks Classification.
[Reply comments have been received through 11/7/2017 and hearing was held on 10/25/2017.]

Three bills would impact the Dig Safe laws:

S1838 would require a survey by the gas company prior to an excavation project, and verification that gate valves are installed for all shutoff valves in the area are closed before beginning excavation, and that the valves are cleared and accessible.

H1813 would require land surveyors on construction projects to premark subsurface utilities. Violators could be required to attend Dig Safe training.

H3388 would clarify marking standards, and types of excavation exempt from marking requirements. Violators could be required to attend Dig Safe training.

All three have been referred to the Joint Committee on Telecommunications, Utilities and Energy.

New Jersey

S679 (previously S2673 / A4127) was introduced on 10/13/2016 and 9/19/2016 to increase civil penalties for safety violations with respect to natural gas pipelines and distribution facilities and hazardous liquid underground pipeline and distribution facilities. Under current law, a violator is subject to a civil penalty of not more than $100,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $1,000,000 for any related series of violations. Under the bill, a violator is subject to a civil penalty of not more than $200,000 for each violation for each day that the violation persists, with the civil penalty not exceeding $2,000,000 for any related series of violations.
[11/21/2016: Passed unanimously by the Assembly; 12/5/2016 received in Senate, to Economic Growth Committee; 1/9/2018 Introduced in Senate, referred to Economic Growth Committee.]

A1471 / S668 (previously A250 / S1135) both introduced at the beginning of the 2016 legislative session would require public utilities and pipeline operators to reimburse a municipality for costs it incurs in providing emergency services to respond to any emergency involving a pipeline.
[1/9/2018: Introduced in Assembly, Referred to Assembly Telecommunications and Utilities Committee; Introduced in Senate, Referred to Senate Economic Growth Committee.]

New York

Rulemaking was initiated on June 28 by the NY State Department of Public Service to amend their rules of procedure and gas utilities laws to ensure conformance with 49 CFR Part 192.

The following bills are going through the legislative process:

A03771S3743S6756 – Would require all excavators to complete the training and education program provided by the one-call system..
[1/3/2018: in Senate Consumer Protection committee and Assembly Ways and Means committee.]

A00467 / S04264 establishes a uniform leak classification system and would require classification of reported leaks.
[1/16/2018: Assembly amended on 3rd reading; 1/17/2018: Senate amended and recommitted to Energy and Telecommunications committee.]

A00656 would require gas corporations to file a plan with the public service commission addressing aging or leaking pipelines within their service territory and outlining plans for the replacement of such pipelines.
[1/3/2018: in Corporations, Authorities and Commissions committee.]

A00661 / S00066 / S02186 would require liquid petroleum pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high-risk of leaking.
[1/3/2018: In Assembly Energy committee; in Senate Energy and Telecommunications committee.]

A00917 Changes the description of fuel gas transmission line that requires reporting to include transmission lines of any pressure used to transport fuel gas. Currently, low pressure transmission lines (lines with pressures of 124 pounds per square inch (psi) or less) are not regulated, inspected, or mapped in any systematic way.
[1/17/2018: Passed Assembly; to Senate Energy and Telecommunications committee.]

A01016 would amend the definition of “excavation” to require excavators to request mark outs for excavations of greater than 6″ depth using hand tools; operators would be required to mark all facilities they operate, whether or not they installed them.
[1/3/2018: in Corporations, Authorities and Commissions committee.]

A01975 would implement the New York propane education and safety act which would authorize the creation of certain propane education programs, require the creation of a New York propane education and safety council, and enumerate its duties and purposes.
[1/3/2018: In Assembly Energy committee.]

A02320 / S04715 would require gas corporations to submit annual reports that include an explanation of methods used to establish replacement priorities, its operating and maintenance activities related to gas safety and a list of completed replacement projects.
[1/3/2018: Assembly ordered to 3rd reading; in Senate Energy and Telecommunications committee.]

A30621 would require an operator of an underground facility to notify of the Department of Public Service of an incident involving damage to any underground facilities.
[1/3/2018: Referred to Ways and Means committee.]

S05930 would amend the definition of excavation to include addtional activities.
[1/3/2018: in Senate Energy and Telecommunications committee.]

Pennsylvania

HB 47 would amend Underground Utility Line Protection Law, requiring the use of steel products made in the United States for the construction of new gathering lines.
[1/23/2017: Introduced and referred to the Consumer Affairs committee.]

SB 488 “Rural Pennsylvania Pipeline Safety Act” would create new statutes requiring the PUC to maintain a registry of all rural pipeline operators, and detailing the commission’s authority and powers of enforcement with regard to these operators.
[Introduced 3/6/2017 and referred to the Consumer Protection and Professional Licensure committee.]

HB 1700 “Pipeline Safety and Communication Board Act.” The board’s purpose would be to (1) To collect and disseminate to the public information of Commonwealth agencies relative to the planning, siting, construction, operation, maintenance, management, inspection and safety of and emergency response procedures for pipelines. (2) To coordinate communications relating to pipeline activities with Federal, State and local government agencies and regulatory authorities, pipeline companies and the public.
[Introduced 8/15/2017 and referred to the Environmental Resources and Energy Committee.]

SB 930 adds a subchapter to the Public Utilities statutes for service and facilities to provide for pipeline emergency management information.
[11/1/2017: Introduced and referred to the Consumer Protection and Professional Licensure committee.]

Washington, D.C.

Chapter 15-37 DCMR Natural Gas Quality of Service Standards was added to WinDOT. A Notice of Proposed Rulemaking with amendments to this chapter was filed on 8/11/2017 to modify reporting requirements for gas outages and incidents; reporting and repairing requirements for gas leaks and odor complaints; reporting and responding requirements for gas emergencies; customer service standards and surveys; reliability standards; and compliance reporting. The amendments also propose remedies for violations that may include forfeiture or civil penalties.

Southern Region Update

Georgia

Rulemaking dockets were opened on 9/6/2017 to amend the PSC’s gas rules.

Kentucky

The Public Service Commission filed amendments for the following rules with the Legislative Research Council on 11/27/2017:

807 KAR 5:022 – General rules for gas utilities Eliminates redundancy and clarifies service requirements for natural gas utilities.

807 KAR 5:026 – Gathering lines, Changes the engineering specifications of piping to conform with current industry standards.

807 KAR 5:027 – amended establishes rules which apply to gas pipeline safety, reports of leaks, and drug testing by operators of natural gas facilities, to eliminate redundant and unnecessary state regulations that essentially mirror the federal standards

807 KAR 5:081 – repeal of 807 KAR 5:023 and 807 KAR 5:031 as a result of the Governor’s Red Tape Reduction Initiative. 807 KAR 5:023 is being repealed in order to incorporate the federal requirement for drug testing of employees of operators of natural gas facilities found in 49 C.F.R. into 807 KAR 5:027. 807 KAR 5:031 is being repealed due to the enactment of the Natural Gas Wellhead Decontrol Act of 1989, which eliminated the need for gas well determinations.

A public hearing will be held on 1/24/2018, and written comments will be accepted through 1/31/2018.

Tennessee

The Tennessee Regulatory Authority has changed its name to the Tennessee Public Utilities Commission. This change has been updated in the Tennessee Code, but not in the agency’s rules.

Central Region Update

Illinois

SB1383 would amend the Illinois Underground Utility Facilities Damage Prevention Act to specify additional required activities for an excavator who engages in nonemergency excavation or demolition, modify the requirements for an excavator who engages in emergency excavation or demolition, provide notice requirements for damaged, dislocated, and exposed underground utility facilities. Provides additional requirements for record of notice and the marking of underground utility facilities. Modifies Sections concerning liability, financial responsibility, negligence, and penalties for violating the provisions of the Act. Repeals a Section concerning preconstruction conferences. Makes certain provisions apply to home rule municipalities with a population over 1,000,000.
[8/4/2017: In Senate Assignments committee.]

Iowa

The Iowa Utilites Board is engaged in the following rulemakings:

RMU-2016-0004 Review of Intrastate Gas and Underground Gas Storage Rules in 199 IAC Chapter 10

RMU-2016-0013 Review of Restoration of Agricultural Lands During and After Pipeline Construction Rules in 199 IAC Chapter 9

RMU-2016-0015 Review of Hazardous Liquid Pipelines and Underground Storage Rules 199 IAC Chapter 13

Status information on these dockets is available here.

Indiana

SB0125 would add to and amend the Indiana Code in Title 8, Chapter 26 Damage to Underground Facilities. Provides that a person may not excavate real property or demolish a structure served by an underground utility facility without first being authorized to do business in Indiana. Provides that in an entity filing required or permitted under the Uniform Business Organizations Administrative Provisions Act, a person that seeks to excavate real property or demolish a structure served by an underground utility facility in Indiana must include a signed statement that the person will comply with the Indiana statute concerning underground utility facilities. Provides that before commencing such an excavation or demolition, a communications service provider shall serve notice on the executive of each municipality and county in which any part of the excavation or demolition will be performed. Provides that the required notice must be received by each municipal or county executive at least 10 full working days before the commencement of the excavation or demolition and must: (1) include documentation that all employees or contractors who will perform the excavation or demolition have received training on excavation industry best practices and on the requirements of the Indiana statute concerning underground utility facilities; (2) include documentation that all contractors who will perform the excavation or demolition are authorized to do business in Indiana; and (3) be signed by or on behalf of a person authorized to sign the notice. (The introduced version of this bill was prepared by the interim study committee on energy, utilities, and telecommunications.)

Michigan

The Public Service Commission has proposed amendments (see 2016-057) to adopt by reference current federal regulations governing gas safety along with updating certain other technical standards contained in the rules. The proposed amendments may also make minor changes to Michigan rules so that the language in these rules conforms more closely to the federal rules.
[Request for rulemaking approved by ORR 9/15/2016; draft rule approved by ORR 1/2/2018.]

Minnesota

HF2637 / SF2376 would require the filing of a plan for abandonment of a pipeline and approval of the plan by the public safety commissioner.
[5/8/2017: In the House Public Safety and Security Policy and Finance committee and the Senate Transportation Finance and Policy committee.]

SF2217 would add a new section to the MN statutes requiring notice of a pipeline integrity dig; allowing for state inspectors at an integrity dig; requiring notice of contamination; providing for assessing the cost of inspections to a pipeline.
[3/23/2017: Introduced and referred to Transportation Finance and Policy committee.]

HF2719 proposes that the notification center be required to create contact database for all MN operators; stipulates that all underground facilities must be buried between 2 and 4 feet below the surface; and specifies conditions where an excavator is not required to reimburse an operator for damage to facilities, and when the operator is required to reimburse the excavator for additional work.
[05/21/2017: Introduction and first reading, referred to Transportation and Regional Governance Policy committee.]

Missouri

SB0816 would increase civil penalty for damage to underground facilities from $10,000 to $50,000.
[1/18/2018: Second reading and referred to Senate Transportation, Infrastructure and Public Safety Committee.]

South Dakota

HB1023 would amend the state law to remove the exemption of rural gathering facilities (as defined by 49 C.F.R. 192.8) from enforcement under the state pipeline safety regulations.
[1/19/2018: Passed the House.]

Wisconsin

AB532 / SB475 creates a framework for the settlement of contested matters at the PSC; establishes a new framework regarding pipeline safety enforcement that complies with Federal PHMSA rules.
[11/2/2017: passed Assembly; 1/10/2018: Passage recommended by Senate Committee on Elections and Utilities.]

Southwest Region Update

New Mexico

HB94 would change the civil penalties for violations of the Pipeline Safety Act to amounts to be determined by the Public Utilities Commission as established by applicable federal law.
[1/8/2018: Introduced.]

Oklahoma

The State Corporation Commission adopted amendments to its rules for Gas & Hazardous Liquid Pipeline Safety to amend the dates for federal regulations adopted by reference. The rules are effective 9/11/2017. A notice of proposed rulemaking was published for these same rules on 12/28/2017 to updated these same references and other references to the Oklahoma Underground Facilities Damage Prevention Act.

SB997 would change the definition of an underground facility include intrastate and interstate gas and hazardous liquid or carbon dioxide pipelines as defined in 49 CFR 192.1 and 195.1.
[1/11/2018: Introduced.]

Texas

The Commission has proposed amendments to its Underground Pipeline Damage Prevention rules in Chapter 18 pursuant to HB 1818 (2017) and federal pipeline safety requirements on 11/24/2017. Comments were due by 1/2/2018.

Western Region Update

California

In 2015, the CPUC issued an Order Instituting Rulemaking to adopt rules and procedures governing commission-regulated natural gas pipelines and facilities to reduce natural gas leakage consistent with SB 1371 (see the original scoping memo).
[Decision D1706015 approved the program at its current stage, as well as changes to General Order 112F and extended the statutory deadline. A new scoping memo was issued on 9/20/17 to determine data requirements, how to integrate best practices and annual reporting requirements with federal and other state requirements, how to incorporate requirements into General Order 112-F, and ratemaking treatment. A proposed decision on Phase 2 is expected in the 3rd quarter of 2019.

The OSFM’s ongoing rulemaking to develop the regulations as required by AB 864 (2015). The legislation requires, by January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
Furthermore, by July 1, 2018, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone would be required to submit a plan to retrofit the pipeline by January 1, 2020, with the best available technology. Best available technology includes, but is 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.
The OSFM determined that it would not formulate new rules by the July 1, 2017 adoption date, and continues working to adopt regulations as expeditiously as possible.
[Draft regulations were last revised on 4/17/17.]

SB 801 was passed to amend the penalty assessment provisions of the Natural Gas Pipeline Safety Act of 2011, effective 1/1/2018.

Colorado

On August 22, 2017, Governor Hickenlooper announced his seven policy initiatives developed during the State’s review of oil and gas operations. The State conducted the review after the home explosion in Firestone in April, 2017. The changes contemplated by two initiatives – strengthening COGCC’s flowline regulations and enhancing the 8-1-1 “one-call” program – will be proposed through a COGCC rulemaking process.
The flowline rulemaking scoping packet, proposed rules and the agenda have been posted on the COGCC site. The scoping packet includes COGCC’s Flowline Guidance and FAQ updated in May, 2017. COGCC Pipeline (Flowline) Regulations and the COGCC Flowline Guidance and FAQ have been added to WinDOT.
Rulemaking hearings held on January 8-9, 2018 concluded without a decision. Hearings will resume on February 13.

The Colorado Public Utilities Commission is engaged in an ongoing rulemaking to amend its Gas Rules. A hearing on the proposed rules was conducted on 10/16/17. Supplemental comments have been received through 11/13/2017.

Wyoming

The Public Service Commission has proposed amendments (ARR 17-069 filed 8/10/2017) to its rules for electric, gas and water utilities outlining more detailed requirements for Integrated Resource Plans. The deadline for comments was 10/4/2017.


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