A09772 Summary:

BILL NOA09772A
 
SAME ASSAME AS S07430-A
 
SPONSORPaulin (MS)
 
COSPNSRBrennan, Englebright, Rosenthal, Buchwald, Galef, Mosley, Otis, Cook, Gottfried, Jacobs, Lifton, Steck, Hooper
 
MLTSPNSRArroyo, Camara, Lupardo, Thiele
 
Add S67-b, Pub Serv L
 
Establishes in statute reporting requirements for various classifications of gas leaks by utility corporations.
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A09772 Actions:

BILL NOA09772A
 
05/22/2014referred to corporations, authorities and commissions
06/10/2014amend and recommit to corporations, authorities and commissions
06/10/2014print number 9772a
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A09772 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9772A
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the public service law, in relation to reporting of natural gas leaks by gas corporations   PURPOSE OF THE BILL: The bill would (a) require the classification by gas companies of all reported leaks of natural gas; (b) require that each gas company report annually to the Department of Public Service (the "department") the location and classification of each reported leak, the date each such leak was classified and the date each such leak is repaired; (c) require that the department make such information available upon request to any municipal or state public safety official and to members of the legisla- ture; and (d) require the Public Service Commission (the "commission") to commence a proceeding to investigate the need for additional winter surveillance of gas pipelines due to extended frost.   SUMMARY OF PROVISIONS: Section 1 of the bill would amend the public service law by adding a new section 67-b. Subdivision one of section 67-b that would require the department to establish a uniform system for classifying natural gas leaks. Subdivi- sion two of section 67-b would describe the system to be used to classi- fy the leaks according to the level of hazard presented to buildings or the public, based on location and/or relative magnitude. Leaks would be classified type 1 (which constitutes a potentially hazardous condition to the public or buildings), type 2A (which does not present an imme- diately hazardous condition to the public or buildings, but is of a nature that requires frequent surveillance and scheduled repair), type 2 (which does not present an immediately hazardous condition to the public or buildings, but is of a nature requiring scheduled repair), or type 3 (which is not immediately hazardous at the time of detection and can be reasonably expected to remain that way). Subdivision 3 of section 67-b would require each gas corporation to report annually to the department, beginning March 1, 2015, the location of each Type 1, Type 2A, Type 2 and Type 3 leak, the date of classifica- tion of each such leak, and the date of repair performed on each such leak as required under such gas corporation's approved operations and maintenance programs. Subdivision 3 would also require that such gas leak information be made available to any municipal or state public safety official and any member of the legislature upon request to the department. Subdivision 4 of section 67-b would require the department to promulgate regulations necessary to implement the uniform leak classification stan- dards, and to oversee and monitor gas company response and reporting. Subdivision 5 of section 67-b would require the commission to investi- gate whether New York State should require winter surveillance and patrol of cast iron or ductile iron pipelines and to determine the effect on such pipelines of extended frost cap conditions. Section 2 of the bill would provide for an immediate effective date.   JUSTIFICATION: Under current regulations, gas companies are required to classify leaks of natural gas according to severity, which is determined by a combina- tion of location and the magnitude of the leak. They maintain records of the leaks but are not required to report them to the department, which relies on periodic audits of the companies to ensure compliance with relevant regulations. Because the department maintains no records, none are available to public safety officials. The proposed change would lead to a new level of transparency regarding the locations and classifications of leaks, which would accomplish several important public safety goals. Knowledge of existing leaks would facilitate safe, rapid response by local first responders to accidents and other emergencies that might occur at or near the locations of known gas leaks. Further, members of the public would be more likely to call 911 or their local gas company about suspected gas leaks if they believed that the information would be included into a readily accessi- ble database that would be used to help prevent property damage, inju- ries or even loss of life.   FISCAL IMPLICATIONS: Some administrative costs to the Department of Public Service   EFFECTIVE DATE: Immediately
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A09772 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9772--A
 
                   IN ASSEMBLY
 
                                      May 22, 2014
                                       ___________
 
        Introduced   by  M.  of  A.  PAULIN,  BRENNAN,  ENGLEBRIGHT,  ROSENTHAL,
          BUCHWALD, GALEF, MOSLEY, OTIS, COOK, GOTTFRIED, JACOBS, LIFTON,  STECK
          --  Multi-Sponsored  by -- M. of A. ARROYO, CAMARA, LUPARDO, THIELE --
          read once and referred to the Committee on  Corporations,  Authorities
          and   Commissions  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

 
        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 reporting requirements. 1. The department
     4  shall establish a uniform natural gas leak classification system as  set
     5  forth 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;
    22    (iii) any reading on a CGI within five feet (1.5 meters) of a building
    23  wall;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15044-03-4

        A. 9772--A                          2
 
     1    (iv) any reading of four percent or greater gas-in-air on a CGI within
     2  manholes,  vaults  or  catch basins (sampling will be conducted with the
     3  structure in its normal condition as nearly as physically possible); or
     4    (v)  any leak which, in the judgment of the operating personnel at the
     5  scene, is regarded as potentially hazardous.

     6    (b) Type 2A classification. (1) A Type 2A leak  does  not  present  an
     7  immediately  hazardous condition to the public or buildings, but is of a
     8  nature that requires frequent surveillance and scheduled repair. In  the
     9  event of a Type 2A leak classification the following requirements apply:
    10    (i)  the  leak  shall  be  repaired  within a period not to exceed six
    11  months; and
    12    (ii) the leak shall be maintained under surveillance with a  frequency
    13  not to exceed two weeks until repaired.
    14    (2) Type 2A leaks include, but are not limited to:
    15    (i)  any  reading  of  ten  percent  or greater gas-in-air in any area
    16  continuously paved from the curb to the building  wall,  which  is  more

    17  than  five  feet (1.5 meters) but within thirty feet (9.1 meters) of the
    18  building and inside the curbline or shoulder of the road;
    19    (ii) any reading, in an unpaved area, of  twenty  percent  or  greater
    20  gas-in-air  which  is more than five feet (1.5 meters) but within twenty
    21  feet (6.1 meters) of the building and inside the curb or shoulder of the
    22  road; or
    23    (iii) any leak, other than Type 1, which, under frost or other  condi-
    24  tions, in the judgment of the operating personnel at the scene should be
    25  classified as a Type 2A.
    26    (c) Type 2 classification. (1) A Type 2 leak does not present an imme-
    27  diate hazardous condition to the public or buildings, but is of a nature

    28  requiring scheduled repair. In the event of a Type 2 leak classification
    29  the following requirements apply:
    30    (i) the leak shall be repaired within a period not to exceed one year,
    31  except  that  leaks  classified  under clause (v) of subparagraph two of
    32  this paragraph shall be repaired within six months; and
    33    (ii) the leak shall be maintained under surveillance with a  frequency
    34  not  to exceed two months, except that leaks classified under clause (v)
    35  of subparagraph two of this paragraph  shall  be  surveilled  every  two
    36  weeks.
    37    (2) Type 2 leaks include, but are not limited to:
    38    (i)  any reading less than ten percent gas-in-air between the building
    39  and the curbline in any area continuously paved which is more than  five

    40  feet  (1.5  meters)  but within thirty feet (9.1 meters) of the building
    41  and inside the curbline or shoulder of the road; or
    42    (ii) any reading less than twenty percent gas-in-air  in  any  unpaved
    43  area  which  is  more than five feet (1.5 meters) but within twenty feet
    44  (6.1 meters) of a building and inside the curbline or  shoulder  of  the
    45  road; or
    46    (iii)  any  reading  of  thirty  percent  or  greater gas-in-air in an
    47  unpaved area which is more than twenty  feet  (6.1  meters)  but  within
    48  fifty feet (15.2 meters) of a building and inside the curbline or shoul-
    49  der of the road; or
    50    (iv)  any  reading  of thirty percent or greater gas-in-air in a paved

    51  area which is more than thirty feet (9.1 meters) but within  fifty  feet
    52  (15.2  meters)  of a building and inside the curbline or shoulder of the
    53  road; or
    54    (v) any reading above one percent but below four  percent  gas-in-air,
    55  within manholes, vaults or catch basins (sampling will be conducted with

        A. 9772--A                          3
 
     1  the  structure in its normal condition as nearly as is physically possi-
     2  ble).
     3    (d)  Type 3 classification. A Type 3 leak is not immediately hazardous
     4  at the time of detection and can be reasonably expected to  remain  that
     5  way.
     6    (1) A Type 3 leak is any leak not classified as Type 1, 2A or 2.

     7    (2) Type 3 leaks shall be reevaluated during the next required leakage
     8  survey or annually, whichever is less.
     9    3.  Beginning  March first, two thousand fifteen, each gas corporation
    10  shall report annually to the department the location  of  each  Type  1,
    11  Type  2A,  Type 2 and Type 3 leak existing as of that date classified by
    12  the corporation, the date each Type 1, Type 2A, Type 2 and Type  3  leak
    13  was classified and the date of repair performed on each Type 1, Type 2A,
    14  Type  2 and Type 3 leak as part of its required gas surveillance program
    15  as required under its  approved  operations  and  maintenance  programs.
    16  Each gas corporation shall also include in such report a statement indi-

    17  cating  (a)  whether  it had or has a sufficient number of employees, in
    18  its own employ, to successfully complete the repairs identified  in  the
    19  report  within  the  timeframes set forth in this section, (b) a list of
    20  pipeline replacement or other similar safety projects undertaken  during
    21  the  reporting  period and whether it has a sufficient number of employ-
    22  ees, in its own employ, to successfully complete such projects, and  (c)
    23  the  number  of employees required for such repair and pipeline replace-
    24  ment projects and their respective classifications. Such gas leak infor-
    25  mation shall be made available to any municipal or state  public  safety
    26  official  and  any member of the legislature upon request to the depart-
    27  ment.

    28    4. The department shall promulgate regulations necessary to  implement
    29  the  uniform leak classification standards as specified in this section,
    30  and shall oversee and monitor company response and reporting.
    31    5. The commission shall commence a proceeding to  investigate  whether
    32  New York state should require the winter surveillance and patrol of cast
    33  iron  or ductile iron pipelines in the state and shall determine whether
    34  the presence of extended frost cap conditions may result  in  additional
    35  stress  on  cast  iron or ductile iron pipe segments, requiring enhanced
    36  surveillance and patrol. The department is authorized to establish mini-
    37  mum uniform procedures for cast iron and ductile iron  surveillance  and

    38  patrols.  Gas  companies  are  authorized  to  establish procedures that
    39  exceed any minimum standards at their discretion.
    40    § 2. This act shall take effect immediately.
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