S05206 Summary:

BILL NOS05206C
 
SAME ASSAME AS A05083-D
 
SPONSORGRIFFO
 
COSPNSR
 
MLTSPNSR
 
Add §67-b, Pub Serv L
 
Relates to reporting requirements for various classifications of gas leaks by utility corporations.
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S05206 Actions:

BILL NOS05206C
 
05/07/2015REFERRED TO ENERGY AND TELECOMMUNICATIONS
06/10/2015AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
06/10/2015PRINT NUMBER 5206A
06/14/2015AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
06/14/2015PRINT NUMBER 5206B
01/06/2016REFERRED TO ENERGY AND TELECOMMUNICATIONS
02/22/2016AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
02/22/2016PRINT NUMBER 5206C
05/10/20161ST REPORT CAL.778
05/11/20162ND REPORT CAL.
05/16/2016ADVANCED TO THIRD READING
06/17/2016COMMITTED TO RULES
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S05206 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5206--C
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       May 7, 2015
                                       ___________
 
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said  committee  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- recommitted to the Committee on Energy  and  Telecommuni-
          cations  in  accordance  with  Senate  Rule  6,  sec.  8  -- 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  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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04871-09-6

        S. 5206--C                          2
 
     1    (i) damage by contractors or outside sources resulting in leakage;
     2    (ii)  any  indication  on a combustible gas indicator (CGI) of natural
     3  gas entering buildings or tunnels;
     4    (iii) any reading on a CGI within five feet (1.5 meters) of a building
     5  wall;
     6    (iv) any reading of four percent or greater gas-in-air on a CGI within
     7  manholes, vaults or catch basins (sampling will be  conducted  with  the
     8  structure in its normal condition as nearly as physically possible); or
     9    (v)  any leak which, in the judgment of the operating personnel at the
    10  scene, is regarded as potentially hazardous.
    11    (b) Type 2A classification. (1) A Type 2A leak  does  not  present  an
    12  immediately  hazardous condition to the public or buildings, but is of a
    13  nature that requires frequent surveillance and scheduled repair. In  the
    14  event of a Type 2A leak classification the following requirements apply:
    15    (i)  the  leak  shall  be  repaired  within a period not to exceed six
    16  months; and
    17    (ii) the leak shall be maintained under surveillance with a  frequency
    18  not to exceed two weeks until repaired.
    19    (2) Type 2A leaks include, but are not limited to:
    20    (i)  any  reading  of  ten  percent  or greater gas-in-air in any area
    21  continuously paved from the curbline to the building wall, which is more
    22  than five feet (1.5 meters) but within thirty feet (9.1 meters)  of  the
    23  building and inside the curbline or shoulder of the road;
    24    (ii)  any  reading,  in  an unpaved area, of twenty percent or greater
    25  gas-in-air which is more than five feet (1.5 meters) but  within  twenty
    26  feet (6.1 meters) of the building and inside the curbline or shoulder of
    27  the road; or
    28    (iii)  any leak, other than Type 1, which, under frost or other condi-
    29  tions, in the judgment of the operating personnel at the scene should be
    30  classified as a Type 2A.
    31    (c) Type 2 classification. (1) A Type 2 leak does not present an imme-
    32  diate hazardous condition to the public or buildings, but is of a nature
    33  requiring scheduled repair. In the event of a Type 2 leak classification
    34  the following requirements apply:
    35    (i) the leak shall be repaired within a period not to exceed one year,
    36  except that leaks classified under clause (v)  of  subparagraph  two  of
    37  this paragraph shall be repaired within six months; and
    38    (ii)  the leak shall be maintained under surveillance with a frequency
    39  not to exceed two months, except that leaks classified under clause  (v)
    40  of  subparagraph  two  of  this  paragraph shall be surveilled every two
    41  weeks.
    42    (2) Type 2 leaks include, but are not limited to:
    43    (i) any reading less than ten percent gas-in-air between the  building
    44  and  the curbline in any area continuously paved which is more than five
    45  feet (1.5 meters) but within thirty feet (9.1 meters)  of  the  building
    46  and inside the curbline or shoulder of the road; or
    47    (ii)  any  reading  less than twenty percent gas-in-air in any unpaved
    48  area which is more than five feet (1.5 meters) but  within  twenty  feet
    49  (6.1  meters)  of  a building and inside the curbline or shoulder of the
    50  road; or
    51    (iii) any reading of  thirty  percent  or  greater  gas-in-air  in  an
    52  unpaved  area  which  is  more  than twenty feet (6.1 meters) but within
    53  fifty feet (15.2 meters) of a building and inside the curbline or shoul-
    54  der of the road; or
    55    (iv) any reading of thirty percent or greater gas-in-air  in  a  paved
    56  area  which  is more than thirty feet (9.1 meters) but within fifty feet

        S. 5206--C                          3
 
     1  (15.2 meters) of a building and inside the curbline or shoulder  of  the
     2  road; or
     3    (v)  any  reading above one percent but below four percent gas-in-air,
     4  within manholes, vaults or catch basins (sampling will be conducted with
     5  the structure in its normal condition as nearly as is physically  possi-
     6  ble).
     7    (d)  Type 3 classification. A Type 3 leak is not immediately hazardous
     8  at the time of detection and can be reasonably expected to  remain  that
     9  way.
    10    (1) A Type 3 leak is any leak not classified as Type 1, 2A or 2.
    11    (2) Type 3 leaks shall be reevaluated during the next required leakage
    12  survey or annually, whichever is less.
    13    3. Beginning March first, two thousand seventeen, each gas corporation
    14  shall  report  annually  to  the department the location of each Type 1,
    15  Type 2A, Type 2 and Type 3 leak existing as of that date  classified  by
    16  the  corporation,  the date each Type 1, Type 2A, Type 2 and Type 3 leak
    17  was classified and the date of repair performed on each Type 1, Type 2A,
    18  Type 2 and Type 3 leak as part of its required gas surveillance  program
    19  as  required  under its approved operations and maintenance programs.  A
    20  gas corporation shall specify any reclassification of previously identi-
    21  fied leaks in its report. Such gas leak information shall be made avail-
    22  able to any municipal or state official with responsibility  for  public
    23  safety and any member of the legislature upon request to the department.
    24    4.    Upon the undertaking of a significant project exposing confirmed
    25  natural gas infrastructure, and with sufficient notice,  a  municipality
    26  or  the  state  shall submit notification of the project to the relevant
    27  gas corporation. The gas corporation shall survey the project  area  for
    28  the  presence  of  Type  1,  Type 2A, or Type 2 leaks and set repair and
    29  replacement schedules for all known or newly detected Type 1,  Type  2A,
    30  or  Type  2  leaks.  The  gas corporation shall ensure that any shut off
    31  valve in the significant project area has a gate box installed  upon  it
    32  or a reasonable alternative that would otherwise ensure continued public
    33  safety and that any critical valve that has not been inspected and test-
    34  ed  within  the  past  twelve  months  is verified to be operational and
    35  accessible. The gas corporation shall provide the repair and replacement
    36  schedule of gas leaks to the municipality or the state.
    37    5. The commission shall commence a proceeding to  investigate  whether
    38  New York state should require the winter surveillance and patrol of cast
    39  iron  or ductile iron pipelines in the state and shall determine whether
    40  the presence of extended frost cap conditions may result  in  additional
    41  stress  on  cast  iron or ductile iron pipe segments, requiring enhanced
    42  surveillance and patrol. The commission is authorized to establish mini-
    43  mum uniform procedures for cast iron and ductile iron  surveillance  and
    44  patrols.  Gas  corporations  are authorized to establish procedures that
    45  exceed any minimum standards at their discretion.
    46    6. The department, upon the request of a municipal or  state  official
    47  with  responsibility  for public safety, may require a reevaluation of a
    48  Type 3 leak prior to the next scheduled survey, or  sooner  than  twelve
    49  months  of  the  date  last  evaluated, if the official has a reasonable
    50  belief that the Type 3 leak poses a threat to public safety.
    51    7. The commission shall promulgate regulations necessary to  implement
    52  the  uniform  natural  gas  leak  classifications  as  specified in this
    53  section and shall oversee and monitor each  gas  corporation's  response
    54  and reporting.
    55    §  2.  This  act shall take effect on the ninetieth day after it shall
    56  have become a law.
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