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LD 1720 would require excavators to call 9-1-1 if contact with or damage to an underground pipe or another underground facility results in the escape of any natural gas or other hazardous substance or material regulated by PHMSA.
[5/31/2019: reported out of Committee on Energy, Utilities and Technology as Ought to Pass.]
In response to the September 2018 Merrimack Valley gas explosions a group of new bills was introduced in the Massachusetts legislature. The bills below are representative of some of the major themes addressed in the proposed legislation:
SD2160 An Act Relative to Gas Leaks and Infrastructure outlines proposed new regulations for Emergency response (operators to immediately inform fire department and chief law enforcement officers, all departments must generate a report after each event). Operators would be required to provide grade 2 and 3 monthly leak reporting to fire department, conduct public way site repair after project and subsequent maintenance of site for 5 years. The DPU would be required to review the number of pipeline inspectors at least annually. Operator penalties for failure to comply include denial of rate increase and/or financial penalties.
SD2153 An Act to Promote Gas Safety
Boards and committees:
Establishes an energy infrastructure oversight board, to be appointed by the governor to make recommendations with respect to gas safety, oversight and inspection of gas facilities, employment of inspectors and engineers to oversee pipeline construction and maintenance, and emergency response protocols for gas-related incidents. Annual reports from the committee will be presented to the governor and Senate House committees on ways and means. Also creates a commission to review the state’s gas infrastructure and provide a report to the general court by January 1, 2020.
Cooperative reporting with neighboring states:
Establish a notification system to provide and receive information regarding incidents.
Leaks reported by public:
response to be timely, all leak reports from customers will be logged in a publicly-accessible database.
All proposals for substantial construction, renovation, repair or expansion for facilities that store, vaporize or produce liquefied natural gas are subject to DPU review, must include an analysis of the proposal’s impact on the safety of the facility and the distribution system during and after construction and may be further reviewed by energy facilities siting board and Mass environmental policy act office.
More pipeline engineers:
The department shall employ pipeline engineers to oversee construction on or adjacent to distribution company pipelines, ensure compliance with all relevant statutory and regulatory requirements and investigate complaints. All pipeline engineers shall receive the necessary training and qualification to perform field duties, as determined by the department, not later than 6 months after employment. The department shall employ not less than 1 pipeline engineer for every 100 miles of pipeline owned by a distribution or one pipeline engineer for every 2,000 customers, whichever is greater.
The department of public utilities shall promulgate regulations establishing requirements for the maintenance and security of gas regulators, including, but not limited to, service quality metrics. The department shall implement these regulations not later than January 1, 2021
HD 1097 Act for field safety in gas infrastructure
Maps and records:
DPU to promulgate regulations by 1/1/2021 establishing requirements for the maintenance, timely updating, accuracy, and security of gas LDC maps and records. Each LDC shall report each disruption in its ability to provide electronic data, including but not limited to, maps and records relevant to inspections, maintenance, repairs, and construction to its in-house workforce and contractors lasting more than 30 minutes – disruptions will be incorporated as a metric in the DPU’s service quality indicators for LDCs.
- Each LDC shall maintain a central control room within its service territory with trained staff sufficient to monitor its pipeline and respond to fluctuations in pressurization, reportable incidents, and infrastructure failures.
- Outlines system of uniform natural gas leaks classification/reporting for all gas companies.
- Leak detection and repair of leaks prior to projects on public way by municipalities, state or LDC; ensure safety valves function
- Leaks within school zone are priority
- Inside meter safety
Additional bills that address improving excavation safety were also introduced recently.
The Public Service Commission has opened rulemaking dockets (19-G-0181, 19-G-0182) to update its rules to ensure conformance with 49 CFR Part 192 and Part 199, Transportation of Natural and Other Gas by Pipeline.
The following bills were introduced and referred to the Consumer Protection and Professional Licensure committee on 2/7/2019:
- SB263 would add a new section “Pipeline Safety Valves” requiring that all facilities of a public utility engaged in the transmission of gas or hazardous liquids placed into service after the effective date of this section to have automatic or remote controlled shutoff valves installed. Annual testing of these valves would be required.
- SB258 would require utilities to meet with local emergency management organizations twice per year, and outlines the information that operators would be required to transmit.
- SB 260 outlines types of information that pipeline operators must provide to schools, if requested, that fall within 1000 ft of PUC-jurisdictional hazardous liquids and natural gas pipelines, including how to respond to a leak or product release. (Similar to HB 733 introduced on 3/18/19, now in House Consumer Affairs committee.)
- The following bill was introduced and referred to the Environmental Resources and Energy committee on 2/26/2019:
- SB 283 would replace the Pennsylvania Public Utility Commission with the Department of Transportation of the Commonwealth; and providing for Federal delegation. The bill would centralize pipeline safety inspection within the Pennsylvania Department of Transportation (PennDOT), Pennsylvania’s lateral regulatory agency to PHMSA. Second, PennDOT would be required to make application to the federal government for designation as an Interstate Agent in the inspection of interstate pipelines traversing Pennsylvania.
A group of bills were introduced on 3/25/19 as part of a “Pipeline Safety Package” and are currently in the House Consumer Affairs committee.
- HB 886 would require a public utility operating a pipeline in a high consequence area to install automatic or remote shutoff valves within 100 feet of each municipal boundary crossed by the facility and within 100 feet of the facility’s entry and exist of each high consequence area. A public utility is required to test the reliability of shutoff valves annually and provide the results of these tests to each municipality where a shutoff valve is located.
- HB 887 would amend the Gas and Hazardous Liquids Pipelines Act to require General Assembly approval, by concurrent resolution, prior to the construction or development of any pipeline that traverses three or more counties.
- HB 888 would amend the Gas and Hazardous Liquids Pipelines Act to require that, following an incident that results in a shutdown of a pipeline, the operator must inspect the entirety of the pipeline before resuming operations. Under federal regulations, a pipeline operator may voluntarily or involuntarily, by action of the Public Utility Commission, suspend operations of a pipeline when a leak occurs that results in a death or personal injury requiring hospitalization, property damage of $50,000 or more, loss of three million cubic feet or more of product, or any other event deemed significant in the judgment of the operator.
- HB 889 would amend the Gas and Hazardous Liquids Pipelines Act to require a pipeline operator, upon written request, to release any safety assessment studies or data that were conducted or collected about their facilities.
- HB 890 would require a public utility with facilities transporting natural gas or natural gas liquids to meet with the county emergency coordinators along the pipeline route to identify any high consequence areas and the potential impact radius around the pipeline. The public utility must also share its current emergency operating procedures with the emergency coordinators.
S1176, approved in March and effective on July 1, 2019 requires that the State Corporation Commission make finalized enforcement actions and reports of investigations available on request. Reports must have sensitive information removed or redacted.
Updated in WinDOT:
Installation of Utility Lines and Pipeline Safety [Va. Code]
56-257.4. Report by the State Corporation Commission on investigation of natural gas utilities incident (new section)
City Council bill B23-0117, now in the Committee on Business and Economic Development and scheduled for a public hearing on May 13, would broaden enforcement authority of underground facilities, such as gas and power lines to the Department of Consumer and Regulatory Affairs administratively. Currently, enforcement authority is limited to the District of Columbia Superior Court. This bill also:
- Amends the definition of excavation to include trenchless technology
- Requires that utilities respond to request from One-Call within 48 hours
- Requires that a project provide adequate protection, including supports as needed, to utility operator workers when they enter the immediate vicinity of the facility.
- Eliminates an exception for small excavation projects that were contained within the limits of the original excavation and did not exceed twelve inches in depth.
- Increases the civil penalty for subsequent violations from $3,500 to $5,000 for a second offense and from $5,000 to $10,000 for a third or subsequent offense. As an alternative to these civil penalties, the bill authorizes the Mayor to issue civil fines and penalties under the Civil Infraction Act
- Authorizes the Mayor to implement educational programs, collect data, and require reporting by entities subject to the Act in order to develop an effective damage prevention program.
A public hearing was held on May 13 and the bill is currently under council review.
A third Notice of Proposed Rulemaking with amendments to Chapter 15-37 DCMR Natural Gas Quality of Service Standards was filed on 11/30/2018 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.
SB315 was signed into law and becomes effective on January 1, 2020. It creates the 17-member Underground Damage Prevention Authority to enforce the notification requirement penalties provisions of the “One-Call Notification System”; (1) for a first violation, a fine not to exceed $500; (2) for a second violation, a fine not to exceed $1,000; (3) for a third and subsequent violations, a fine not to exceed $4,000; and (4) for a civil penalty not to exceed $10,000 for a violation that is a result of gross negligence. This bill requires the Public Service Commission (PSC) to provide administrative support to the Authority.
The Department of Agriculture and Consumer Services has initiated a rulemaking to update its LP gas rules to reflect the significant changes were made to Chapter 527, Florida Statutes during the 2018 legislative session. The proposed rules are being amended to:
- Repeal redundant, unnecessary rules;
Update incorporated forms and standard references, and eliminate forms that are no longer necessary;
- Clarify vague definitions;
- Clarify that department inspectors will no longer use a “Red Tag” to prohibit use, but Stop Use Orders consistent with other bureau programs;
- Clarify the type of leak survey required for underground tanks, remove unnecessary common use definition and remove exemptions for certain underground tanks defined by 49 CFR;
- Add required user notification after a dealer repairs or alters a LP gas system in case indoor appliances have been affected posing a safety hazard;
- Update CEU training requirements;
- Update penalty rules to be consistent with department standard and add notice of noncompliance in lieu of warning letter to reduce administrative procedures; and update resolution, settlement and remedies rules to meet current department standard.
The Public Service Commission has proposed amendments to its rules to incorporate by reference the 2018 edition of 49 CFR Parts 191, 192 and 199.
H872 has the following provisions:
- Modifies the information an operator must provide to excavators designating the location of underground facilities in the area of a proposed excavation to require operators to mark:
o The dimension of an underground facility every 50 feet, rather than every 25 feet, in certain circumstances.
o The operator’s identity in an area where the proposed excavation or demolition is to occur. At a minimum, the operator’s identity must be marked at the beginning point, at intervals of 200 linear feet, and at the end point of the proposed excavation or demolition.
- Modifies the minimum requirements for the notice that an excavator must provide to the Notification Center concerning the location of a proposed excavation or demolition, by identifying:
o A single parcel that may exceed 1/4 mile in linear length, by a single address.
o The lesser of five adjoining parcels, not to exceed 1/4 mile in linear length or an area not to exceed 1/4 mile in linear length, by addresses.
- Prohibits an excavator from using mechanized equipment within 24 inches of a facility that is a highly volatile liquid pipeline system (in addition to existing prohibitions on gas, oil, and petroleum transmission lines).
- Modifies the exemption concerning routine maintenance in a right-of-way, requiring that persons doing such maintenance must be on “permanent payroll” of the entity performing the maintenance, and not a contractor acting behalf of such an entity.
- Adds an exemption for pavement milling and resurfacing (which had previously been included in the exemption for maintenance activities).
- Modifies the notice provision for emergency excavation or demolition to require written notice to the Notification Center as soon as practicable.
- Adds a new requirement that the Board approve training courses and the sponsors of those training courses in connection with actions or penalty the Board may impose for a violation.
The bill would also authorize the Board to impose a fee on operators in order to fund the activities and operations of the Board in reviewing reports of alleged violations of this Article. The fee would be based on the jurisdictional revenues of an operator, and must be set at a rate that the total proceeds of all fees collected would not exceed $200,000 annually to fund the activities and operations of the Board.
[In House Finance Committee 5/2/2019]
The Illinois Commerce Commission adopted amendments to its rules, effective May 2, 2019, in two rulemakings:
- to incorporate by reference 49 CFR Part 192 and Part 199 as well as portions of Part 191 that were in effect on July 1, 2018 to comply with the commission’s certification agreement with PHMSA.
- to update report filing requirements to remove obsolete forms and include electronic submissions.
Updated in WinDOT:
Part 590 Minimum Safety Standards for Transportation of Gas and for Gas Pipeline Facilities [ILAC]
Section 590.10 Standards
Section 590.20 Submission of Federal Reports to the Commission
Section 595.120 Reporting of Accidents or Incidents
The Board is engaged in the following additional 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.
The IURC has readopted without amendments its Standards of Service rules for Gas Utilities, effective May 11.
Updated in WinDOT:
170 IAC 5. Gas Utilities
Rule 1. Standards of Service (citations only)
The state’s Fire Marshall is proposing to amend its rules for pipeline safety and one-call notification center to adopt Federal regulations in 49 CFR (Parts 191, 192, 193, 199 and adding 196) in effect as of April 1, 2019. The proposal changes the time limit for reporting incidents to 1 hour; requires operators to provide documents in digital format: O&M, Emergency Plan, Damage Prevention program (to be submitted annually); and operation maps for distribution and transmission systems (to be submitted every 5 years).
In addition, the proposed regulations contain updated definitions and best practices for use in the One Call System, and updates to the composition, qualifications, appointment and retention of the One Call Board of Directors.
[Public hearing eas held 5/13/19]
LB 462 was approved by the Governor on 5/31/2019 and becomes effective in 90 days. amend the One-Call Notification System Act to add notification requirements, provides additional authority and duties for the One-Call Board of Directors and the State Fire Marshal, creates a dispute resolution board, and requires utility locators to be licensed by the SFM.
SB18 was signed by the Governor on 3/7/2019, and becomes effective on 7/1/2019. The new law doubles South Dakota’s maximum civil penalty for some pipeline safety violations to $2 million.
HB1024 (2018, effective 7/1/2019) establishes the Statewide One-Call Notification Board to provide a service through which a person can notify the operators of underground facilities of plans to excavate and to request the marking of the facilities. It requires all operators to become members of the one-call notification center and submit the locations of their underground facilities to the center.
SB 82 has been snet to the Governor for signature:
- provides if the operator and excavator cannot agree to extend the time and the excavation or demolition activity could impact a pipeline located on or in water, upon written request by the operator, the commissioner of conservation may delay the mark-by time prior to the commencement of any excavation or demolition activity in order to allow for the accurate marking of such pipeline.
- provides that the commissioner of conservation may extend the time to complete the excavation or demolition activity if such activity could impact a pipeline located on or in water.
- provides that except as provided in present law, no parish, municipal, local, or state governing authority may enact any ordinance or promulgate any rules or regulations which are in conflict with the provisions of present law.
Two rulemakings are in progress:
The Gas And Hazardous Liquid Pipeline Safety rules (Chapter 20) are being amended [rules submitted to the Governor and the legislature on 3/8/2019 for approval]:
- To update references to the CFR and the Oklahoma Underground Facilities Damage Prevention Act to the most recent version;
- To require that pipeline operators notify the Pipeline Safety Dept. of change in ownership within 5 days;
- To add a new subchapter “Obligations under the Oklahoma Underground Facilities Damage Prevention Act Subject to Commission Enforcement” with new permanent rules:
- Requiring underground facility operators to provide additional information to excavators (facility material size and type).
- Listing requirements for telephonic damage reporting.
- Requiring a written report of damages caused by excavation.
- Outlining the procedure for filing a complaint against an excavator for failing to comply with the Oklahoma Underground Facilities Damage Prevention Act.
The Gas Service Utilities rules (Chapter 45) are being amended [adopted 2/8/2019 and transmitted to the Governor and legislature for approval]:
- For service installations that require open trenches, utilities must inspect or request inspection within 14 days;
- Utilities must provide a notice of change in contact for PUD and CSD issues within 30 days of the change;
- Utilities must provide a contact number in local phone directories for emergencies or service deficiencies;
- Changes to customer service complaint response times and procedures;
- Utilities are required to follow current PHMSA Pipeline Security Contingency Plan Guidance to develop a Homeland Security and Critical Infrastructure Plan and report any security breaches that may affect customers to PUD Director.
SB1008/HB2097 amends definition for “excavate” includes activities w/in public or private right-of-way; modifies timeline requiring operator to locate and mark underground facilities (from 48 hours after receipt of demolition notice to prior to the date work is scheduled to begin).
[Approved by the Governor 4/24/2019, effective 11/1/2019]
HB866, was signed by the Governor on 6/2/2019 and effective immediately. It prohibits installation of cast iron, wrought iron, bare steel pipe for use in gas distribution pipelines and requires operators to replace said pipe with plastic by 12/31/2020.
Updated in WinDOT:
Utilities Code [TS] Chapter 121. Gas Pipelines
Sec. 121.213. INSTALLATION, REMOVAL, AND REPLACEMENT OF CERTAIN PIPELINES. (new section)
HB 864 was sent to the Governor for signature on 5/29/2019. This bill adds a new code section regarding pipeline incident reporting and records. It defines “incident” and directs the RRC to promulgate rules by December 31, 2019 to require an operator to notify the commission within 1 hour of the confirmed discovery of an incident to provide contact information, incident location and any other known pertinent information.
The OSFM is proposing to develop new rules for the California Underground Facilities Safe Excavation Board – Investigations and Enforcement
- This rulemaking action implements, interprets, clarifies, and makes specific investigation of possible violations and enforcement of article 2, chapter 3.1, division 5, of title 1 of the Government Code (“Dig Safe Law”), and onsite meeting and agreement requirements for areas of continual excavation near high priority subsurface installations.
- The proposed regulations will require members of regional notification centers to maintain valid and current contact information with the appropriate regional notification center; require regional notification centers to provide updated contact information for their members to the Board upon request; require excavators to notify the appropriate regional notification center of certain types of damages to subsurface installations; require regional notification centers to transmit the damage notifications to the Board; establish investigation and enforcement processes, including types of sanctions, of the Dig Safe Law on excavators and operators; and establish requirements for excavators and operators for onsite meetings and agreements for areas of continual excavation near high priority subsurface installations.
[Comment period concludes on 7/1/2019]
The OSFM’s ongoing rulemaking to develop regulations as required by legislation that was passed after the 2015 Santa Barbara oil spill – AB 864 (2015) – is moving forward. These regulations will become a new Article “Requirements For New Or Replacement Pipeline Near Environmentally and Ecologically Sensitive Areas In The Coastal Zone.”
Proposed rules were updated on Jan 17, 2019 after multiple workshops in 2017 and 2018. A notice of proposed rulemaking was issued on 2/5/2019. Public hearings were held thru April, with the end of the comment period April 2, 2019.
SB169 this bill would authorize the State Fire Marshal to:
- require the owner or operator of a pipeline to establish and maintain records, make reports, and provide any information that the State Fire Marshal reasonably requires, to create an inventory of pipelines that will be available to the public.
- enter operator’s facility and inspect records.
- disclose records, reports, or other information required to be maintained to an officer, employee, or authorized representative of the state or the United States for purposes of carrying out the requirements of the act or the federal Hazardous Liquid Pipeline Safety Act, or when relevant to a proceeding pursuant to the act.
Current code excludes from the definition of pipeline a pipeline for the transportation of crude oil that operates by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe. This bill would eliminate that exclusion.
This section will become operative only upon receipt of federal block grant funds as determined by the State Fire Marshal.
[5/30/2019] In Assembly Committee on Governmental Organization]
AB1166 The regional notification center shall report the issuance of tickets to the Public Utilities Commission, and the Public Utilities Commission shall retain these records for five or more years.
[6/10/2019 Re-referred to the Assembly Committee on Governmental Organization after amendment.]
On 6/14/2019 the Department of Labor and Employment, Division of Oil and Public Safety rules “Underground Damage Prevention Safety Commission Regulations”, which were adopted as emergency rules effective 2/14/2019, became permanent.
The regulations establish rules for the Commission under the Excavation Requirements Act §§ 9-1.5-101, et. seq., C.R.S. and cover general provisions, enforcement of violations and best practices.
Updated in WinDOT:
7 CCR 1101-18 Underground Damage Prevention Safety Commission Regulations
SB1073 was signed by the Governor on 3/28/2019 and is effective 7/1/2019. Some underground facility owners are also end user consumers of utility services or commodities. Service laterals are underground facilities located in public rights of way or utility easements. End users do not have operational control of, locational knowledge of, or the expertise or equipment to locate or mark service laterals, despite owning them, because the laterals are in rights of way or utility easements. The new law exempts end users from the requirement to locate and mark service laterals and requires underground facility owners with the ability to locate and mark service laterals to do so.
SB1011 was signed by the Governor on 3/22/2019 and is effective 7/1/2019. The Damage Prevention Board (Board) and stakeholders believe underground facility owners are best situated to report damage to their underground facilities and excavators are best situated to report downtime they suffer due to violations of chapter 22, title 55, Idaho Code. Accordingly, the Board and stakeholders believe only underground facility owners should be required to report damage to underground facilities and only excavators should be required to report excavator downtime. The new law eliminates potential double reporting by requiring only underground facility owners to report damage to underground facilities and only excavators to report excavator downtime. The new law also adds definitions for “hand digging,” “soft digging,” and “locator” to Idaho Code section 55-2202.
In an expedited rulemaking filed May 1, 2019 the WTUC proposed to amend its rules to make commission rules consistent with current published versions of federal rules and reflect the most current versions of the national safety standards. Comments are due by July 1, 2019.
HB0152, signed by the Governor on 2/26/2019 and effective 7/1/2019, modifies requirements for architectural and engineering plans that call for excavation and requires the notification center to provide location information to persons preparing such plans; requires operators to give notice to the notification center each 14 days for projects that exceed that time; requires (with some exceptions) excavators to mark their proposed excavation boundaries prior to facility marking by operators; requires an excavator to call 911 for contact with or damage to underground facilities; modifies penalties; requires monthly reports from the notification center to the Attorney General of any non-compliance complaints.
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