A00467 Summary:

BILL NOA00467A
 
SAME ASSAME AS S04264-A
 
SPONSORPaulin
 
COSPNSREnglebright, Rosenthal L, Buchwald, Mosley, Otis, Cook, Gottfried, Lifton, Steck, Hooper, Abinanti, Galef
 
MLTSPNSRArroyo, Lupardo, Thiele
 
Add 67-b, Pub Serv L
 
Relates to reporting requirements for various classifications of gas leaks by utility corporations.
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A00467 Actions:

BILL NOA00467A
 
01/09/2017referred to corporations, authorities and commissions
02/07/2017reported referred to codes
03/01/2017reported
03/02/2017advanced to third reading cal.87
03/29/2017passed assembly
03/29/2017delivered to senate
03/29/2017REFERRED TO ENERGY AND TELECOMMUNICATIONS
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.41
01/16/2018amended on third reading 467a
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A00467 Committee Votes:

CORPORATIONS, AUTHORITIES AND COMMISSIONS Chair:Dinowitz DATE:02/07/2017AYE/NAY:15/5 Action: Favorable refer to committee Codes
DinowitzAyeLawrenceExcused
CookAyeLopezAye
GalefAyeBlankenbushNay
JenneAyeFriendNay
RodriguezExcusedMalliotakisNay
AbinantiAyePalmesanoNay
QuartAyeMontesanoNay
OtisExcused
RozicAye
KimExcused
BuchwaldAye
MoyaAye
SeawrightAye
DilanAye
SimotasExcused
RichardsonAye
De La RosaAye
Pheffer AmatoAye
VanelExcused

CODES Chair:Lentol DATE:03/01/2017AYE/NAY:15/6 Action: Favorable
LentolAyeGrafNay
SchimmingerAyeGiglioNay
WeinsteinExcusedMcKevittNay
PretlowAyeMontesanoNay
CookAyeRaNay
CymbrowitzAyeMorinelloNay
TitusAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye

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A00467 Floor Votes:

DATE:03/29/2017Assembly Vote  YEA/NAY: 109/37
AbbateYCrouchNOGoodellNOLiftonYO'DonnellYSimanowitzY
AbinantiYCurranYGottfriedYLopezYOrtizYSimonY
ArroyoYCusickYGrafNOLupardoYOtisYSimotasY
AubryYCymbrowitzYGuntherYLupinacciNOPalmesanoNOSkartadosY
BarclayNODavilaYHarrisYMageeYPalumboERSkoufisY
BarnwellYDe La RosaYHawleyNOMagnarelliYPaulinYSolagesY
BarrettYDenDekkerYHevesiYMalliotakisNOPeoples-StokesYStecNO
BarronYDickensYHikindYMayerYPerryYSteckY
BenedettoYDilanYHooperYMcDonaldYPheffer AmatoYStirpeY
BichotteYDinowitzYHunterYMcDonoughNOPichardoYThieleY
BlakeYDiPietroNOHyndmanYMcKevittNOPretlowYTitoneY
BlankenbushNOD'UrsoYJaffeeYMcLaughlinYQuartYTitusY
BrabenecNOEnglebrightYJean-PierreYMill B NORaNOVanelY
BraunsteinYErrigoNOJenneYMill MGYRaiaNOWalkerY
BrindisiYFahyYJohnsYMill MLNORamosYWallaceY
BronsonYFarrellYJonesYMontesanoNORichardsonYWalshNO
BuchwaldYFinchNOJoynerYMorelleYRiveraYWalterNO
ButlerNOFitzpatrickNOKavanaghYMorinelloNORodriguezYWeinsteinY
ByrneNOFriendNOKearnsYMosleyYRosenthalYWeprinY
CahillYGalefYKimYMoyaYRozicYWilliamsY
CarrollYGanttERKolbNOMurrayYRyanYWoernerY
CastorinaNOGarbarinoNOLalorNONiouYSantabarbaraYWrightY
ColtonERGiglioNOLavineYNolanYSchimmingerNOZebrowskiY
CookYGjonajYLawrenceNONorrisNOSeawrightYMr SpkrY
CrespoYGlickYLentolYOaksNOSepulvedaY

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A00467 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         467--A
                                                                 Cal. No. 41
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN, ENGLEBRIGHT, L. ROSENTHAL, BUCHWALD,
          MOSLEY, OTIS, COOK, GOTTFRIED, LIFTON, STECK, HOOPER, ABINANTI,  GALEF
          -- Multi-Sponsored by -- M. of A. ARROYO, LUPARDO, THIELE -- read once
          and referred to the Committee on Corporations, Authorities and Commis-
          sions  --  ordered  to a third reading, amended and ordered reprinted,
          retaining its place on the order of third reading
 
        AN ACT to amend the public service law,  in  relation  to  reporting  of
          natural gas leaks by gas corporations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public service law is amended by adding a  new  section
     2  67-b to read as follows:
     3    §  67-b.  Natural  gas  leak  classifications. 1. The department shall
     4  establish a uniform natural gas leak classification system as set  forth
     5  in this section.
     6    2. All leaks shall be assessed a class based on the following system:
     7    (a)  Type 1 classification. (1) A Type 1 leak is one which, due to its
     8  location and/or relative magnitude, constitutes a potentially  hazardous
     9  condition  to  the  public  or  buildings. In the event of a Type 1 leak
    10  classification the following requirements apply:
    11    (i) the leak shall require an immediate effort  to  protect  life  and
    12  property;
    13    (ii)  continuous  action shall be thereafter taken until the condition
    14  is no longer hazardous; and
    15    (iii) completion of repairs shall be scheduled on a  regular  day-aft-
    16  er-day  basis,  or the condition kept under daily surveillance until the
    17  source of the leak has been corrected.
    18    (2) Type 1 leaks include, but are not limited to:
    19    (i) damage by contractors or outside sources resulting in leakage;
    20    (ii) any indication on a combustible gas indicator  (CGI)  of  natural
    21  gas entering buildings or tunnels;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01083-02-8

        A. 467--A                           2
 
     1    (iii) any reading on a CGI within five feet (1.5 meters) of a building
     2  wall;
     3    (iv) any reading of four percent or greater gas-in-air on a CGI within
     4  manholes,  vaults  or  catch basins (sampling will be conducted with the
     5  structure in its normal condition as nearly as physically possible); or
     6    (v) any leak which, in the judgment of the operating personnel at  the
     7  scene, is regarded as potentially hazardous.
     8    (b)  Type  2A  classification.  (1) A Type 2A leak does not present an
     9  immediately hazardous condition to the public or buildings, but is of  a
    10  nature  that requires frequent surveillance and scheduled repair. In the
    11  event of a Type 2A leak classification the following requirements apply:
    12    (i) the leak shall be repaired within  a  period  not  to  exceed  six
    13  months; and
    14    (ii)  the leak shall be maintained under surveillance with a frequency
    15  not to exceed two weeks until repaired.
    16    (2) Type 2A leaks include, but are not limited to:
    17    (i) any reading of ten percent  or  greater  gas-in-air  in  any  area
    18  continuously paved from the curbline to the building wall, which is more
    19  than  five  feet (1.5 meters) but within thirty feet (9.1 meters) of the
    20  building and inside the curbline or shoulder of the road;
    21    (ii) any reading, in an unpaved area, of  twenty  percent  or  greater
    22  gas-in-air  which  is more than five feet (1.5 meters) but within twenty
    23  feet (6.1 meters) of the building and inside the curbline or shoulder of
    24  the road; or
    25    (iii) any leak, other than Type 1, which, under frost or other  condi-
    26  tions, in the judgment of the operating personnel at the scene should be
    27  classified as a Type 2A.
    28    (c) Type 2 classification. (1) A Type 2 leak does not present an imme-
    29  diate hazardous condition to the public or buildings, but is of a nature
    30  requiring scheduled repair. In the event of a Type 2 leak classification
    31  the following requirements apply:
    32    (i) the leak shall be repaired within a period not to exceed one year,
    33  except  that  leaks  classified  under clause (v) of subparagraph two of
    34  this paragraph shall be repaired within six months; and
    35    (ii) the leak shall be maintained under surveillance with a  frequency
    36  not  to exceed two months, except that leaks classified under clause (v)
    37  of subparagraph two of this paragraph  shall  be  surveilled  every  two
    38  weeks.
    39    (2) Type 2 leaks include, but are not limited to:
    40    (i)  any reading less than ten percent gas-in-air between the building
    41  and the curbline in any area continuously paved which is more than  five
    42  feet  (1.5  meters)  but within thirty feet (9.1 meters) of the building
    43  and inside the curbline or shoulder of the road; or
    44    (ii) any reading less than twenty percent gas-in-air  in  any  unpaved
    45  area  which  is  more than five feet (1.5 meters) but within twenty feet
    46  (6.1 meters) of a building and inside the curbline or  shoulder  of  the
    47  road; or
    48    (iii)  any  reading  of  thirty  percent  or  greater gas-in-air in an
    49  unpaved area which is more than twenty  feet  (6.1  meters)  but  within
    50  fifty feet (15.2 meters) of a building and inside the curbline or shoul-
    51  der of the road; or
    52    (iv)  any  reading  of thirty percent or greater gas-in-air in a paved
    53  area which is more than thirty feet (9.1 meters) but within  fifty  feet
    54  (15.2  meters)  of a building and inside the curbline or shoulder of the
    55  road; or

        A. 467--A                           3
 
     1    (v) any reading above one percent but below four  percent  gas-in-air,
     2  within manholes, vaults or catch basins (sampling will be conducted with
     3  the  structure in its normal condition as nearly as is physically possi-
     4  ble).
     5    (d)  Type 3 classification. A Type 3 leak is not immediately hazardous
     6  at the time of detection and can be reasonably expected to  remain  that
     7  way.
     8    (1) A Type 3 leak is any leak not classified as Type 1, 2A or 2.
     9    (2) Type 3 leaks shall be reevaluated during the next required leakage
    10  survey or annually, whichever is less.
    11    3.  Beginning March first, two thousand nineteen, each gas corporation
    12  shall report annually to the department the location  of  each  Type  1,
    13  Type  2A,  Type 2 and Type 3 leak existing as of that date classified by
    14  the corporation, the date each Type 1, Type 2A, Type 2 and Type  3  leak
    15  was classified and the date of repair performed on each Type 1, Type 2A,
    16  Type  2 and Type 3 leak as part of its required gas surveillance program
    17  as required under its approved operations and maintenance programs.    A
    18  gas corporation shall specify any reclassification of previously identi-
    19  fied leaks in its report. Such gas leak information shall be made avail-
    20  able  to  any municipal or state official with responsibility for public
    21  safety and any member of the legislature upon request to the department.
    22    4.  Upon the undertaking of a significant project  exposing  confirmed
    23  natural  gas  infrastructure, and with sufficient notice, a municipality
    24  or the state shall submit notification of the project  to  the  relevant
    25  gas  corporation.  The gas corporation shall survey the project area for
    26  the presence of Type 1, Type 2A, or Type 2  leaks  and  set  repair  and
    27  replacement  schedules  for all known or newly detected Type 1, Type 2A,
    28  or Type 2 leaks. The gas corporation shall  ensure  that  any  shut  off
    29  valve  in  the significant project area has a gate box installed upon it
    30  or a reasonable alternative that would otherwise ensure continued public
    31  safety and that any critical valve that has not been inspected and test-
    32  ed within the past twelve months  is  verified  to  be  operational  and
    33  accessible. The gas corporation shall provide the repair and replacement
    34  schedule of gas leaks to the municipality or the state.
    35    5.  The  commission shall commence a proceeding to investigate whether
    36  New York state should require the winter surveillance and patrol of cast
    37  iron or ductile iron pipelines in the state and shall determine  whether
    38  the  presence  of extended frost cap conditions may result in additional
    39  stress on cast iron or ductile iron pipe  segments,  requiring  enhanced
    40  surveillance and patrol. The commission is authorized to establish mini-
    41  mum  uniform  procedures for cast iron and ductile iron surveillance and
    42  patrols. Gas corporations are authorized to  establish  procedures  that
    43  exceed any minimum standards at their discretion.
    44    6.  The  department, upon the request of a municipal or state official
    45  with responsibility for public safety, may require a reevaluation  of  a
    46  Type  3  leak  prior to the next scheduled survey, or sooner than twelve
    47  months of the date last evaluated, if  the  official  has  a  reasonable
    48  belief that the Type 3 leak poses a threat to public safety.
    49    7.  The commission shall promulgate regulations necessary to implement
    50  the uniform natural  gas  leak  classifications  as  specified  in  this
    51  section  and  shall  oversee and monitor each gas corporation's response
    52  and reporting.
    53    § 2. This act shall take effect on the ninetieth day  after  it  shall
    54  have become a law.
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