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.


Your manuals can go with you everywhere! ViaData’s Manuals Online service will convert your paper manuals or pdf’s into an interactive, responsive, searchable format designed for viewing on your desktop, tablet or phone. We host them on our secure server to give you easy access whether you’re in the office or in the field. Don’t be in the dark – get your manuals online now!

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State Pipeline Safety Regulation Updates

Here is a wrapup of pipeline safety legislative updates for the end of 2017. 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

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.]

A436  would require BPU to adopt rules that would require natural gas pipeline utilities to repair or replace pipelines that leak natural gas, within time frames to be established by the Department of Environmental Protection.
[2/4/2016: reported out of Assembly Telecommunications and Utilities Committee, 2nd reading.]

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.

A1725  would require BPU to designate certain natural gas transmission lines as interstate natural gas transmission extension lines and define PHMSA jurisdiction for those lines.

A2416 / S2324 would expand the One-Call Damage Prevention System to include underground contamination with engineering or institutional controls.
[5/19/2016: reported out of Assembly Environment and Solid Waste Committee with Amendments, 2nd Reading; 6/6/2016 Introduced in the Senate, Referred to Senate Environment and Energy Committee.]

A1252 would allow use of master meter system in residential multiple dwellings under certain conditions.

A1702 would prohibit the placement or replacement without prior approval of intrastate natural gas pipelines with an MAOP greater than 250 psig within 100 feet of buildings.

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.

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 242 amends tthe Underground Utility Line Protection Law to add to clarify definitions, and to amend the language describing both the One Call system and facility owners’ duties and to modify and clarify the procedures for One Call notification.
[10/30/2017: Signed by the Governor; Act No. 50.]

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.]

Vermont

The name of the Vermont Public Service Board has been changed to the Vermont Public Utility Commission. The name change has been reflected in all rules and laws.

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

 No significant updates.

Central Region Update

 Illinois

The states administrative rules for Part 590 Minimum Safety Standards for Transportation of Gas and for Gas Pipeline Facilities were amended effective 7/26/2017 to adopt federal standards in 49 CFR Part 191, 192, 193 and 199 as of April 14, 2017.

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.

Docket RMU-2016-0014 Review of Interstate Natural Gas and Underground Gas Storage Rules in 199 IAC Chapter 12 was closed after the determination by the Iowa Utilities Board that the existing rules were adequate.

The rules proposed in docket RMU-2016-0007 Review of Service Supplied by Gas Utilities Rules in 199 IAC Chapter 19 were adopted, published and filed in November, with an effective date of 12/13/2017.

Wisconsin

The Public Service Commission of Wisconsin has amended its rule adopting updated federal Gas Pipeline Safety Code effective 10/1/2017.

Southwest Region Update

 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.

Texas

The RRC has amended its Pipeline Safety Regulations in Chapter 8, section 8.1, to incorporate federal requirements by reference as of Oct. 30, 2017. This would incorporate six federal rulemakings. The rules were effective 10/30/2017.

The Commission has proposed amendments to its Underground Pipeline Damage Prevention rules in Chapter 18 pursuant to HB 1818 and federal pipeline safety requirements on 11/24/2017. Comments are 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, with a hearing scheduled for January 8-9, 2018. 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.

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.

Montana

HB 365, signed by the Governor on 5/5/2017, established an underground facility protection advisory council and updated the provisions of the laws for excavations near underground facilities, effective 10/1/2017.

Wyoming

The Public Service Commission has proposed amendments (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.


Your manuals can go with you everywhere! ViaData’s Manuals Online service will convert your paper manuals or pdf’s into an interactive, responsive, searchable format designed for viewing on your desktop, tablet or phone. We host them on our secure server to give you easy access whether you’re in the office or in the field. Don’t be in the dark – get your manuals online now!

State Pipeline Safety Regulation Updates

Here are pipeline safety legislative updates for September 5, 2017. 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 1/25/2017 and hearing officer assigned on 2/28/2017.]

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

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.]

A436  would require BPU to adopt rules that would require natural gas pipeline utilities to repair or replace pipelines that leak natural gas, within time frames to be established by the Department of Environmental Protection.
[2/4/2016: reported out of Assembly Telecommunications and Utilities Committee, 2nd reading.]

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.

A1725  would require BPU to designate certain natural gas transmission lines as interstate natural gas transmission extension lines and define PHMSA jurisdiction for those lines.

A2416 / S2324 would expand the One-Call Damage Prevention System to include underground contamination with engineering or institutional controls.
[5/19/2016: reported out of Assembly Environment and Solid Waste Committee with Amendments, 2nd Reading; 6/6/2016 Introduced in the Senate, Referred to Senate Environment and Energy Committee.]

A1252 would allow use of master meter system in residential multiple dwellings under certain conditions.

A1702 would prohibit the placement or replacement without prior approval of intrastate natural gas pipelines with an MAOP greater than 250 psig within 100 feet of buildings.

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.

Pennsylvania

HB47 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.]

HB284/SB 242 would amend Underground Utility Line Protection Law to add to clarify definitions, and to amend the language describing both the One Call system and facility owners’ duties and to modify and clarify the procedures for One Call notification.
[6/21/2017: The Senate bill was passed and referred to the Consumer Affairs committee in the House.]

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.]

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

Alabama

The Public Service Commission has amended its gas pipeline safety rules to include provisions for abandoned or inactive gas service lines and recommended fines for probable violations. Rules were adopted on 6/26/2017 filed for codification on 7/12/2017.

Central Region Update

Illinois

The states administrative rules for Part 590 Minimum Safety Standards for Transportation of Gas and for Gas Pipeline Facilities were amended effective 7/26/2017 to adopt federal standards in 49 CFR Part 191, 192, 193 and 199 as of April 14, 2017.

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-2016-0007 Review of Service Supplied by Gas Utilities Rules in 199 IAC Chapter 19

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

RMU-2016-0014 Review of Interstate Natural Gas and Underground Gas Storage Rules in 199 IAC Chapter 12

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

Status information on these dockets is available here.

Southwest Region Update

No new updates.

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 scoping memo).
[Decision D1706015 approved the program at its current stage, as well as changes to General Order 112F. Decision D1706030 extends the statutory deadline in the proceeding until 9/21/2017 with a new scoping memo to be issued before that date.]

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.
[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. 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 and the agenda have been posted on the COGCC site, with a hearing expected on Dec 11-12, 2017. The scoping packet includes COGCC’s Flowline Guidance and FAQ updated in May, 2017.

Washington

The WUTC has withdrawn (proposed amendments to its rules for Annual pipeline safety fee methodology for gas and hazardous liquid pipeline companies that would address allocating annual charges, accounting for money collected under the dig safe law, assessing an annual fee for master meter operators and federal funds received vs. those projected. The Commission has decided to close this rulemaking proceeding as it has determined that a rule change at this time to address the mileage allocation will have limited impact.

Wyoming

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


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Federal Pipeline Safety Rulemaking Update – August 2017

 

The following pipeline safety-related rulemakings have been updated in the DOT significant rulemaking report for August. For full details, see the  WinDOT Rapid Update Service.

Final Rule Stage

Pipeline Safety: Safety of Hazardous Liquid Pipelines (OPS: Liquid Hazardous Pipelines) RIN 2137-AE66 / Docket no: PHMSA-2010-0229

Pipeline Safety: Underground Storage Facilities for Natural Gas (OPS: Underground Storage Facilities Natural Gas) RIN 2137-AF22

ANPRM Stage

Pipeline Safety: Class Location Requirements (Class Location Requirements) RIN 2137-AF29

Undetermined Stage

Pipeline Safety: Gas Transmission (RRR) (OPS: Gas Transmission (RRR)) RIN 2137-AE72 / Docket no: PHMSA-2011-0023


Get all of these updates, plus advisory bulletins and notices issued by PHMSA and other agencies by signing up for the the WinDOT Rapid Update Service today! It’s a FREE service that puts all this information right at your fingertips, in your inbox, as updates occur.

State Pipeline Safety Regulation Updates

Here are pipeline safety legislative updates for July 31, 2017.

South Dakota

SB 104 protects certain easement holders and rural customers from shutoffs by certain energy companies, and requires certain farm tap owners to register with the one call notification system as an operator.
[3/13/2017: Signed by the Governor; Eff. 7/1/2017]

Arkansas

The Arkansas Gas Pipeline Code was substantially amended and republished under docket 16-093-R to comply with state and Federal laws.
[Eff. 5/19/2017]

Montana

The state’s Pipeline Safety regulations were amended to update the versions of standards and federal rules incorporated by reference.
[Eff. 6/10/2017]

Oregon

The Utility Regulation rules were amended by adding a new rule to implement a mandatory severe weather moratorium on residential service disconnection for nonpayment.
[Eff. 5/30/2017]

Washington

HB 1064 updated the underground utility damage prevention laws by removing obsolete information.
[4/17/2017: Signed by the Governor; Eff. 7/23/2017]


Keep abreast of changes to Federal and state pipeline safety regulations by signing up for our FREE Rapid Update service. ViaData’s mission is to keep you informed by providing access to all the information you need – regulations, interpretations, enforcement actions, accident reports and more – all included in WinDOT, the online Pipeline Safety Encyclopedia. In addition, our Manuals Online service gives you “anywhere, anytime” access to your company’s programs, plans, standards and procedures in a secure environment. See what we can do for you today!

State Pipeline Safety Regulation Updates

Pipeline safety legislative and rulemaking updates through July 17, 2017 are summarized. 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 1/25/2017 and hearing officer assigned on 2/28/2017.]

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

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.]

A436  would require BPU to adopt rules that would require natural gas pipeline utilities to repair or replace pipelines that leak natural gas, within time frames to be established by the Department of Environmental Protection.
[2/4/2016: reported out of Assembly Telecommunications and Utilities Committee, 2nd reading.]

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.

A1725  would require BPU to designate certain natural gas transmission lines as interstate natural gas transmission extension lines and define PHMSA jurisdiction for those lines.

A2416 / S2324 would expand the One-Call Damage Prevention System to include underground contamination with engineering or institutional controls.
[5/19/2016: reported out of Assembly Environment and Solid Waste Committee with Amendments, 2nd Reading; 6/6/2016 Introduced in the Senate, Referred to Senate Environment and Energy Committee.]

A1252 would allow use of master meter system in residential multiple dwellings under certain conditions.

A1702 would prohibit the placement or replacement without prior approval of intrastate natural gas pipelines with an MAOP greater than 250 psig within 100 feet of buildings.

New York

Title 16 NYCRR Part 293 Retention by Gas Corporations of Records at Principal Office has been added to WinDOT.

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.

A1016 / S5930– Amends the Public Service Law (PBS) to expand the definition of “excavation” for the purposes of the protection of underground facilities. The Assembly bill would also amend the General Business Law (GBS).

A0917 would add a new section to the PBS to require filing of location data before constructing a gathering line or pipeline facility.
[5/4/2017: Advanced to 3rd reading in Assembly.]

S2186 /A0661 /S0066  would add a new section to the PBS to 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

S4264 /A0467 would add a new section to the PBS to require classification and reporting of natural gas leaks by gas corporations, and give the Public Service Commission the authority to oversee response and reporting by those corporations.
[Both bills are in the Senate Energy and Telecommunications committee.]

A0656 would add a new section to the PBS to 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.

A2320 would add a new section to the PBS detailing requirements for the annual filing of gas safety reports.
[3/28/2017: In Senate Energy and Telecommunications committee.]

A3621 would add new regulations requiring notification to the department of public service of any incident involving damage to any underground facility.

Pennsylvania

052 PA Code §56.100 Winter Termination Procedures has been added to WinDOT.

HB47 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.

HB284/SB 242 would amend Underground Utility Line Protection Law to add to clarify definitions, and to amend the language describing both the One Call system and facility owners’ duties and to modify and clarify the procedures for One Call notification.
[5/24/2017: The Senate bill has been placed on the legislative calendar.]

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 commision’s authority and powers of enforcement with regard to these operators.

Rhode Island

S00552A was signed into law by the Governor on 6/29/2017, effective on signature. It amends the digsafe law to remove the sixty (60) day excavation completion requirement for work near public utilities, and requires that accidents be reported to 911.

Southern Region Update

Florida

The Liquefied Petroleum inspection rules have been amended effective 6/28/17 to incorporate updated national (NFPA) standards, provide guidance to applicants seeking a veteran military fee waiver, and eliminate the truck inspection fee and associated form in compliance with 2016 legislative changes and the sale of liquefied petroleum gas law.

HB379/SB446 revises the information that must be submitted to the Legislature annually by the board of directors of Sunshine State One-Call of Florida, Inc.; requires excavators to call the 911 emergency telephone number under certain circumstances; and specifies how certain civil penalties issued by state law enforcement officers shall be distributed.
[Signed by the Governor 5/3/17; effective 7/1/17.]

North Carolina

SB257 (largely an appropriations bill) includes a section that clarifies who is exempt from excavation or demolition notice requirements.
[6/27/2017: Vetoed by Governor; 6/28/2017 Veto overridden; effective 7/1/17.]

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-2016-0007 Review of Service Supplied by Gas Utilities Rules in 199 IAC Chapter 19

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

RMU-2016-0014 Review of Interstate Natural Gas and Underground Gas Storage Rules in 199 IAC Chapter 12

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

S472 amends and adds to the statute concerning the locating and marking of underground utility facilities (Indiana’s 811 law) to allow a person responsible for: (1) a construction project; or (2) any other project or operation; that will involve an excavation or demolition operation to provide a voluntary design information notice to the association known as the Indiana Underground Plant Protection Service (association) before commencing preliminary engineering studies or construction planning activities in the project area that will be affected by the excavation or demolition.
[4/21/17: Signed by the Governor; effective 7/1/2017.]

Missouri

The Public Service Commission has adopted proposed amendments to its rules for Gas Utilities and Gas Safety Standards to update references to current standards and federal regulations.

Nebraska

LB 263 provides for promulgation and adoption of rules by the State Fire Marshal regarding digsafe activities and increases fines for violations of digsafe rules.

[4/27/17: Signed by the Governor; effective immediately.]

North Dakota

HB1026, signed by the Governor and effective on 8/1/2017 amends the North Dakota One-Call Excavation Notice System laws to expand and clarify definitions, to amend the locate request and marking process and adds a new section describing the process for requesting a survey for information, design, or purposes other than excavation.

HB 1151 signed by the Governor and effective on 8/1/2017 amends the statutes relating to the reporting of well pad or oil and gas production facility fluid spills.

HB 1398 signed by the Governor and effective on 8/1/2017 exempts certain small gas suppliers from specific statutes enforced by the Commission.

Southwest Region Update

Louisiana

HB 389 would authorize the commissioner of conservation of the Louisiana Department of Natural Resources to enforce the La. Underground Utilities and Facilities Damage Prevention (OneCall) law as it applies to pipelines.
[6/14/2017: Signed by the Governor; effective immediately.]

New Mexico

SB 303 signed by the Governor on April 6 and effective on July 1, enhances civil penalties for violations of the Pipeline Safety Act.

Oklahoma

HB 1376 amends the digsafe laws to clarify definitions of a public agency and the party responsible for damage.
[5/3/2017: Signed by the Governor; effective 11/1/2017.]

The Oklahoma Corporation Commission has approved updates to its pipeline safety rules to update references to federal regulations and to amend the maximum fine amount to reflect recently updated statutory fine amounts.

Texas

HB 1818 outlines establishing new pipeline safety and regulatory fees that may be imposed on operators by the Railroad Commission, to be credited to the oil and gas regulation and cleanup fund.
[5/22/2017: Signed by the Governor; effective 9/1/17.]

Western Region Update

California

SB92 includes a section reffered to as the Dig Safe Act of 2016 Clean-up. Clarifies the intent and requirements for an “area of continual excavation,” extends the dates by which the California Underground Facilities Safe Excavation Board is required to complete their regulations and begin enforcement, from November 2017 to July 2020, and makes other technical changes.
[6/27/2017: Signed by the Governor; effective immediately.]

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 scoping memo).
[Comments on annual reporting requirements were due by June 16.]

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 shall 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.
[Draft regulations were last revised on 4/17/17.]

Montana

HB365 significantly revises laws regarding excavations near underground facilities to establish an advisory council, define duties of the council and department, the rulemaking process, and procedures for legal proceedings, for collecting penalties and fees, and for incident reporting. The new law applies to incidents that occur on or after 10/1/2017.
[5/4/2017: Signed by the Governor; effective 7/1/2017.]

Washington

The WUTC has proposed amendments to its rules for Annual pipeline safety fee methodology for gas and hazardous liquid pipeline companies that would address allocating annual charges, accounting for money collected under the dig safe law, assessing an annual fee for master meter operators and federal funds received vs. those projected.


This summary was brought to you by ViaData, authors of tools to help stakeholders keep abreast of the most recent pipeline safety rules and regulations at the federal and state levels. Check out WinDOT, the Pipeline Safety Encyclopedia and our Manuals On-Line service today.

State Pipeline Safety Regulation Updates

Here are pipeline safety legislative updates for 5/31/2017. 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

Connecticut

HB6301 would require natural gas leaks to be repaired within two business days of reporting to the gas company.
[1/23/2017: Introduced and Referred to Joint Committee on Energy and Technology.]

HB6310 would require natural gas utilities to purchase a portion of their supply from resources that produce renewable natural gas from fractions of the state’s organic waste stream.
[1/23/2017: Introduced and Referred to Joint Committee on Energy and Technology.]

SB469 and SB470 (similar bills) would apply the same requirements to natural gas producers as are applied to gas companies and require repair of natural gas leaks within two days.
[1/20/2017: Introduced and Referred to Joint Committee on Energy and Technology.]

SB539 would amend the general statutes to require the Department of Energy and Environmental Protection to study the safety of natural gas pipelines.
[1/23/2017: Introduced and Referred to Joint Committee on Energy and Technology.]

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 1/25/2017 and hearing officer assigned on 2/28/2017.]

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

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.]

A436  would require BPU to adopt rules that would require natural gas pipeline utilities to repair or replace pipelines that leak natural gas, within time frames to be established by the Department of Environmental Protection.
[2/4/2016: reported out of Assembly Telecommunications and Utilities Committee, 2nd reading.]

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.

A1725  would require BPU to designate certain natural gas transmission lines as interstate natural gas transmission extension lines and define PHMSA jurisdiction for those lines.

A2416 / S2324 would expand the One-Call Damage Prevention System to include underground contamination with engineering or institutional controls.
[5/19/2016: reported out of Assembly Environment and Solid Waste Committee with Amendments, 2nd Reading; 6/6/2016 Introduced in the Senate, Referred to Senate Environment and Energy Committee.]

A1252 would allow use of master meter system in residential multiple dwellings under certain conditions.

A1702 would prohibit the placement or replacement without prior approval of intrastate natural gas pipelines with an MAOP greater than 250 psig within 100 feet of buildings.

New York

WinDOT Note: NYCRR Title 16 Part 229 Gas Standards has been added to WinDOT.

A1016 / S5930 Amends the Public Service Law (PBS) to expand the definition of “excavation” for the purposes of the protection of underground facilities. The Assembly bill would also amend the General Business Law (GBS).

A0917 would add a new section to the PBS to require filing of location data before constructing a gathering line or pipeline facility.
[5/4/2017: Advanced to 3rd reading in Assembly.]

S2186 /A0661 /S0066  would add a new section to the PBS to 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

S4264 /A0467 would add a new section to the PBS to require classification and reporting of natural gas leaks by gas corporations, and give the Public Service Commission the authority to oversee response and reporting by those corporations.
[Both bills are in the Senate Energy and Telecommunications committee.]

A0656 would add a new section to the PBS to 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.

A2320 would add a new section to the PBS detailing requirements for the annual filing of gas safety reports.
[3/28/2017: In Senate Energy and Telecommunications committee.]

A3621 would add new regulations requiring notification to the department of public service of any incident involving damage to any underground facility.

Pennsylvania

HB47 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.

HB284/SB 242 would amend Underground Utility Line Protection Law to add to clarify definitions, and to amend the language describing both the One Call system and facility owners’ duties and to modify and clarify the procedures for One Call notification.
[5/24/2017: The Senate bill has been placed on the legislative calendar.]

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 commision’s authority and powers of enforcement with regard to these operators.

Rhode Island

S0056 would require the marking of all underground utility facilities when the underground utility is under a public right-of-way.
[5/26/2017: Scheduled for hearing on 6/1.]

Southern Region Update

Florida

HB379/SB446 would revise the information that must be submitted to the Legislature annually by the board of directors of Sunshine State One-Call of Florida, Inc.; require excavators to call the 911 emergency telephone number under certain circumstances; and specifies how certain civil penalties issued by state law enforcement officers shall be distributed.
[Signed by Governor 5/3; effective 7/1.]

Central Region Update

 Illinois

SB1383/HB3634 Amends the Illinois Underground Utility Facilities Damage Prevention Act. Provides for additional required activities for an excavator who engages in nonemergency excavation or demolition under the Act. Modifies the requirements for an excavator who engages in emergency excavation or demolition under the Act. Provides 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. Defines, modifies, and repeals terms. Makes certain provisions apply to home rule municipalities with a population over 1,000,000.
[4/27/17: Senate bill third reading; House bill re-referred to Rules committee.]

Iowa

HF 63 introduced on 1/23/2017 would add a new section to the Natural Resources  laws regarding hazardous liquid pipelines that would require an environmental impact assessment before allowing the construction, maintenance and operation of a pipeline.

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-2016-0007 Review of Service Supplied by Gas Utilities Rules in 199 IAC Chapter 19

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

RMU-2016-0014 Review of Interstate Natural Gas and Underground Gas Storage Rules in 199 IAC Chapter 12

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

S472 would amend and add to the statute concerning the locating and marking of underground utility facilities (Indiana’s 811 law) to allow a person responsible for: (1) a construction project; or (2) any other project or operation; that will involve an excavation or demolition operation to provide a voluntary design information notice to the association known as the Indiana Underground Plant Protection Service (association) before commencing preliminary engineering studies or construction planning activities in the project area that will be affected by the excavation or demolition.
[4/21/17: Signed by the Governor; effective 7/1/2017.]

Minnesota

Four bills have been introduced to amend the state’s statutes governing pipeline permitting:

HF 78 would create new code to establish a goal for pipeline permitting efficiency

SF 2217 would create new code to require notice of a pipeline integrity dig and allow for state inspectors to be present; require notice of contamination; provide for assessing the cost of inspections to a pipeline

HF 1949 would provide owners of certain types of land the option to require a pipeline proposing to locate on that land to purchase any amount of the owner’s contiguous land; modify fees and penalties; provide for the disposition of abandoned pipelines

HF 2228 would prohibit the siting of new pipelines near wild-rice waters.

Missouri

The Public Service Commission has proposed amendments to its rules for Gas Utilities and Gas Safety Standards to update references to current standards and federal regulations.

North Dakota

HB1026, signed by the Governor and effective on 8/1/2017 amends the North Dakota One-Call Excavation Notice System laws to expand and clarify definitions, to amend the locate request and marking process and adds a new section describing the process for requesting a survey for information, design, or purposes other than excavation.

HB 1151 signed by the Governor and effective on 8/1/2017 amends the statutes relating to the reporting of well pad or oil and gas production facility fluid spills.

HB 1398 signed by the Governor and effective on 8/1/2017 exempts certain small gas suppliers from specific statutes enforced by the Commission.

Southwest Region Update

 New Mexico

SB 303 signed by the Governor on April 6 and effective on July 1, enhances civil penalties for violations of the Pipeline Safety Act.

Oklahoma

The Oklahoma Corporation Commission has approved updates to its pipeline safety rules to update references to federal regulations and to amend the maximum fine amount to reflect recently updated statutory fine amounts.

Western Region Update

Arizona

HB 2236 would amend the underground facility protection statutes to account for the installation of small signs.

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 scoping memo).
[Comments on annual reporting requirements are being collected, due by June 16.]

The OSFM has further amended its rules for annual inspections of hazardous liquid pipelines (effective 5/1/2017) and has issued new instructions for Form PSD-101.

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 shall 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.
[Comments on modifications to the proposed rules are due 4/19/17.]

Montana

HB365 signed by the Governor on 5/4/2017 significantly revises laws regarding excavations near underground facilities to establish an advisory council, define duties of the council and department, the rulemaking process, and procedures for legal proceedings, for collecting penalties and fees, and for incident reporting. The new law is effective 7/1/2017 and applies to incidents that occur on or after 10/1/2017.

Oregon

HB2889 would establish the Task Force on Secure Pipelines, and directs the task force to study matters related to safe transportation of petroleum, natural gas and other flammable substances through pipelines and to submit a report to the interim committee of the Legislative Assembly related to emergency preparedness no later than September 15, 2018.

Washington

The WUTC has proposed amendments to its rules for Annual pipeline safety fee methodology for gas and hazardous liquid pipeline companies that would address allocating annual charges, accounting for money collected under the dig safe law, assessing an annual fee for master meter operators and federal funds received vs. those projected.


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