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.


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!

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s