Here are pipeline safety legislative updates as of December 14, 2016. 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
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.
S2673 was introduced on 10/13/2016 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.
The Public Service Commission has adopted amendments to the Rules and Regulations of the Public Service Commission contained in 16 NYCRR – Chapter I, Rules of Procedure, Subchapter A, General, Part 10, Referenced Material; and Chapter III, Gas Utilities, Subchapter C, Safety, to ensure conformance with pipeline safety regulations contained in Title 49, Code of Federal Regulations. The adoption notice is expected to be published in the 12/28/2016 state register, giving these amendments that effective date.
An emergency amendment was filed on 8/12 by the Public Utilities Commission to amend Ohio Adm.Code 4901:1-16 in order to effectuate the state’s one-call emergency notification system. These amendments, as well as amendments to incorporations by reference of Federal regulations were formally adopted on 9/14, effective 12/8/2016.
SB 1235 was passed on November 4, 2016 to extend the effective date of the Underground Utility Line Protection Law.
The rules for Virginia Gas and Oil Regulation under 4VAC25-1250 have been amended, effective 12/28/2016. New sections have been added for groundwater baseline sampling, disclosure of well stimulation fluids and pressure testing requirements for well casings.
Southern Region Update
Central Region Update
In May, the Illinois Commerce Commission published the proposed repealer for Part 500 Standards of Service for Gas Utilities to repeal the rules currently found in Part 500; they will be replaced by the provisions of Part 501, which have already been adopted and which will apply on January 1, 2017. At the same time, the Commission proposed additional amendments to Part 501 to correct cross-references, correct citations to reference materials and expand the roster of national measurement institutes that may be used for calibration standards. [Illinois Commerce Commission case 16-0256]
Two new bills were introduced on 9/21/2016:
HB 5908 outlines the process for issuing fines for violations and requires the commission to post the annual state certification report to DOT on the commission’s website.
HB 5910 requires pipeline operators to communicate annually with county and local emergency management coordinators in the local units of government where the person’s pipeline facilities are located to review the person’s public education program under 49 CFR 192.616.
Three bills carried over from the 2015 legislative session (HB 4511, HB 4512, HB 4513) would provide increased oversight of pipelines by the Department of Environmental quality and the Michigan Public Utilities Commission and require compliance with state’s Natural Resources and Environmental Protection Act. These three tie-barred bills were introduced in the House during April 2015 with no subsequent action on them.
The Public Service Commission has approved new rules – MISS DIG Underground Facility Damage Prevention and Safety – to be added to the Michigan Administrative Code. The rules are awaiting approval by the Secretary of State’s office.
On 4/6/2016 the Missouri Public Service Commission ended its working case and began its formal rulemaking process for amending the commission’s Gas Safety Rules. The rules 4 CSR 240-40.020, 4 CSR 240-40.030, and 4 CSR 240-40.080 will be amended to adopt several amendments of the Federal Pipeline Safety Regulations that have not been incorporated in these Missouri PSC rules. The proposed amendments were published in the state register on 12/15/2016.
Amendments to NDAC Chapter 43-02-03 Oil and Gas Conservation as prescribed by 2015 HB 1358, including new rules for gathering pipelines, were approved by the North Dakota Industrial Commission, Department of Mineral Resources, Oil and Gas Division on 6/29/2016. After review by the North Dakota Legislative Rules Committee at its December meeting, the rules were approved and given a new effective date of 1/1/2017.
Southwest Region Update
In accordance with HB 1951 that was approved by the Governor in April, 63 O.S. 2011, Section 142.12, which relates to duties of a municipality not participating in the statewide one-call notification center, was repealed effective 11/1/2016.
The Railroad Commission of Texas (RRC) has approved changes to its rules for inactive wells being returned to production and for deliverability testing requirements for gas wells effective 1/1/2017.
Western Region Update
On September 21, 2016 Arizona adopted amendments to its pipeline safety rules R14-5-202, R14-5-203, R14-5-204, R14-5-205 and R14-5-207 effective immediately. The amendments clarify the rules and update incorporations by reference of the most recent amendments to 49 CFR. Additional provisions are included for the non-destructive testing of welds in LNG facilities.
On 11/8/2016, the CPUC issued an decision to adopt amendments to its General Order 58A to adopt standards for constituents of concern found in biomethane as directed by Decision 14-01-034 and California Health and Safety Code Section 25421.
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). (Technical best practices workshop scheduled for 12/12/2016.)
In August, the Office of the State Fire Marshal (SFM) proposed rules to define the regulatory requirements of the SFM for annual inspection of hazardous liquid pipelines and operators of hazardous liquid pipelines as mandated pursuant to Government Code §51015.1 (added by 2015 S.B. 295). The regulations proposed in this rulemaking action would specify that SFM develop an annual inspection program for each pipeline and pipeline operator under the jurisdiction of the SFM. The SFM is proposing to adopt California Code of Regulations (CCR), Title 19, Chapter 14, Sections 2020, 2021 and 2030 and to incorporate by reference the California Intrastate Pipeline Operator Annual Report Form PSD-101 (dated July 1, 2016), instructions for Form PSD-101 (dated July 1, 2016) and Annual Inspection Procedure to be used in the annual inspection process for each intrastate hazardous liquid pipeline and operators of intrastate hazardous liquid pipelines. The new rules have not yet been published in the state register, but they become effective on 1/1/2017.
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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