A05083 Summary:

BILL NOA05083D
 
SAME ASSAME AS S05206-C
 
SPONSORPaulin
 
COSPNSRBrennan, Englebright, Rosenthal, Buchwald, Galef, Mosley, Otis, Cook, Gottfried, Lifton, Steck, Hooper, Abinanti
 
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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A05083 Actions:

BILL NOA05083D
 
02/12/2015referred to corporations, authorities and commissions
05/07/2015amend and recommit to corporations, authorities and commissions
05/07/2015print number 5083a
06/01/2015reported referred to codes
06/08/2015reported referred to rules
06/11/2015amend and recommit to rules 5083b
06/12/2015amend and recommit to rules 5083c
06/16/2015reported
06/16/2015rules report cal.494
06/16/2015ordered to third reading rules cal.494
06/19/2015passed assembly
06/19/2015delivered to senate
06/19/2015REFERRED TO RULES
01/06/2016DIED IN SENATE
01/06/2016RETURNED TO ASSEMBLY
01/06/2016ordered to third reading cal.200
01/11/2016committed to corporations, authorities and commissions
03/07/2016reported referred to codes
03/16/2016amend and recommit to codes
03/16/2016print number 5083d
03/22/2016reported
03/24/2016advanced to third reading cal.459
05/16/2016passed assembly
05/16/2016delivered to senate
05/16/2016REFERRED TO ENERGY AND TELECOMMUNICATIONS
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A05083 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5083D
 
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 would require the department to estab- lish a uniform system for classifying natural gas leaks. Subdivision two of section 67-b would describe the system to be used to classify the leaks according to the level of hazard presented to build- ings 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 immediately 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, 2017, 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.   LEGISLATIVE HISTORY: A.9772-A, 2014 referred to corporations, authorities and commissions. Same-as S.7430-A, 2014 committed to rules.   FISCAL IMPLICATIONS: Some administrative costs to the Department of Public Service.   EFFECTIVE DATE: Immediately.
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A05083 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5083--D
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2015
                                       ___________
 
        Introduced   by  M.  of  A.  PAULIN,  BRENNAN,  ENGLEBRIGHT,  ROSENTHAL,
          BUCHWALD, GALEF, MOSLEY, OTIS, COOK, GOTTFRIED, LIFTON, STECK,  HOOPER
          -- Multi-Sponsored by -- M. of A. ARROYO, LUPARDO, THIELE -- read once
          and referred to the Committee on Corporations, Authorities and Commis-
          sions  --  committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the  Committee  on  Codes -- reported and referred to the Committee on
          Rules -- Rules Committee discharged, bill amended,  ordered  reprinted
          as  amended and recommitted to the Committee on Rules -- Rules Commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted  to  the  Committee  on  Rules -- ordered to a third reading --
          committed to the Committee on Corporations,  Authorities  and  Commis-
          sions  in  accordance  with Rule 3, sec. 2 -- reported and referred to
          the Committee on Codes -- 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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04871-10-6

        A. 5083--D                          2
 
     1    (ii) continuous action shall be thereafter taken until  the  condition
     2  is no longer hazardous; and
     3    (iii)  completion  of repairs shall be scheduled on a regular day-aft-
     4  er-day basis, or the condition kept under daily surveillance  until  the
     5  source of the leak has been corrected.
     6    (2) Type 1 leaks include, but are not limited to:
     7    (i) damage by contractors or outside sources resulting in leakage;
     8    (ii)  any  indication  on a combustible gas indicator (CGI) of natural
     9  gas entering buildings or tunnels;
    10    (iii) any reading on a CGI within five feet (1.5 meters) of a building
    11  wall;
    12    (iv) any reading of four percent or greater gas-in-air on a CGI within
    13  manholes, vaults or catch basins (sampling will be  conducted  with  the
    14  structure in its normal condition as nearly as physically possible); or
    15    (v)  any leak which, in the judgment of the operating personnel at the
    16  scene, is regarded as potentially hazardous.
    17    (b) Type 2A classification. (1) A Type 2A leak  does  not  present  an
    18  immediately  hazardous condition to the public or buildings, but is of a
    19  nature that requires frequent surveillance and scheduled repair. In  the
    20  event of a Type 2A leak classification the following requirements apply:
    21    (i)  the  leak  shall  be  repaired  within a period not to exceed six
    22  months; and
    23    (ii) the leak shall be maintained under surveillance with a  frequency
    24  not to exceed two weeks until repaired.
    25    (2) Type 2A leaks include, but are not limited to:
    26    (i)  any  reading  of  ten  percent  or greater gas-in-air in any area
    27  continuously paved from the curbline to the building wall, which is more
    28  than five feet (1.5 meters) but within thirty feet (9.1 meters)  of  the
    29  building and inside the curbline or shoulder of the road;
    30    (ii)  any  reading,  in  an unpaved area, of twenty percent or greater
    31  gas-in-air which is more than five feet (1.5 meters) but  within  twenty
    32  feet (6.1 meters) of the building and inside the curbline or shoulder of
    33  the road; or
    34    (iii)  any leak, other than Type 1, which, under frost or other condi-
    35  tions, in the judgment of the operating personnel at the scene should be
    36  classified as a Type 2A.
    37    (c) Type 2 classification. (1) A Type 2 leak does not present an imme-
    38  diate hazardous condition to the public or buildings, but is of a nature
    39  requiring scheduled repair. In the event of a Type 2 leak classification
    40  the following requirements apply:
    41    (i) the leak shall be repaired within a period not to exceed one year,
    42  except that leaks classified under clause (v)  of  subparagraph  two  of
    43  this paragraph shall be repaired within six months; and
    44    (ii)  the leak shall be maintained under surveillance with a frequency
    45  not to exceed two months, except that leaks classified under clause  (v)
    46  of  subparagraph  two  of  this  paragraph shall be surveilled every two
    47  weeks.
    48    (2) Type 2 leaks include, but are not limited to:
    49    (i) any reading less than ten percent gas-in-air between the  building
    50  and  the curbline in any area continuously paved which is more than five
    51  feet (1.5 meters) but within thirty feet (9.1 meters)  of  the  building
    52  and inside the curbline or shoulder of the road; or
    53    (ii)  any  reading  less than twenty percent gas-in-air in any unpaved
    54  area which is more than five feet (1.5 meters) but  within  twenty  feet
    55  (6.1  meters)  of  a building and inside the curbline or shoulder of the
    56  road; or

        A. 5083--D                          3
 
     1    (iii) any reading of  thirty  percent  or  greater  gas-in-air  in  an
     2  unpaved  area  which  is  more  than twenty feet (6.1 meters) but within
     3  fifty feet (15.2 meters) of a building and inside the curbline or shoul-
     4  der of the road; or
     5    (iv)  any  reading  of thirty percent or greater gas-in-air in a paved
     6  area which is more than thirty feet (9.1 meters) but within  fifty  feet
     7  (15.2  meters)  of a building and inside the curbline or shoulder of the
     8  road; or
     9    (v) any reading above one percent but below four  percent  gas-in-air,
    10  within manholes, vaults or catch basins (sampling will be conducted with
    11  the  structure in its normal condition as nearly as is physically possi-
    12  ble).
    13    (d) Type 3 classification. A Type 3 leak is not immediately  hazardous
    14  at  the  time of detection and can be reasonably expected to remain that
    15  way.
    16    (1) A Type 3 leak is any leak not classified as Type 1, 2A or 2.
    17    (2) Type 3 leaks shall be reevaluated during the next required leakage
    18  survey or annually, whichever is less.
    19    3. Beginning March first, two thousand seventeen, each gas corporation
    20  shall report annually to the department the location  of  each  Type  1,
    21  Type  2A,  Type 2 and Type 3 leak existing as of that date classified by
    22  the corporation, the date each Type 1, Type 2A, Type 2 and Type  3  leak
    23  was classified and the date of repair performed on each Type 1, Type 2A,
    24  Type  2 and Type 3 leak as part of its required gas surveillance program
    25  as required under its approved operations and maintenance programs.    A
    26  gas corporation shall specify any reclassification of previously identi-
    27  fied leaks in its report. Such gas leak information shall be made avail-
    28  able  to  any municipal or state official with responsibility for public
    29  safety and any member of the legislature upon request to the department.
    30    4.  Upon the undertaking of a significant project  exposing  confirmed
    31  natural  gas  infrastructure, and with sufficient notice, a municipality
    32  or the state shall submit notification of the project  to  the  relevant
    33  gas  corporation.  The gas corporation shall survey the project area for
    34  the presence of Type 1, Type 2A, or Type 2  leaks  and  set  repair  and
    35  replacement  schedules  for all known or newly detected Type 1, Type 2A,
    36  or Type 2 leaks. The gas corporation shall  ensure  that  any  shut  off
    37  valve  in  the significant project area has a gate box installed upon it
    38  or a reasonable alternative that would otherwise ensure continued public
    39  safety and that any critical valve that has not been inspected and test-
    40  ed within the past twelve months  is  verified  to  be  operational  and
    41  accessible. The gas corporation shall provide the repair and replacement
    42  schedule of gas leaks to the municipality or the state.
    43    5.  The  commission shall commence a proceeding to investigate whether
    44  New York state should require the winter surveillance and patrol of cast
    45  iron or ductile iron pipelines in the state and shall determine  whether
    46  the  presence  of extended frost cap conditions may result in additional
    47  stress on cast iron or ductile iron pipe  segments,  requiring  enhanced
    48  surveillance and patrol. The commission is authorized to establish mini-
    49  mum  uniform  procedures for cast iron and ductile iron surveillance and
    50  patrols. Gas corporations are authorized to  establish  procedures  that
    51  exceed any minimum standards at their discretion.
    52    6.  The  department, upon the request of a municipal or state official
    53  with responsibility for public safety, may require a reevaluation  of  a
    54  Type  3  leak  prior to the next scheduled survey, or sooner than twelve
    55  months of the date last evaluated, if  the  official  has  a  reasonable
    56  belief that the Type 3 leak poses a threat to public safety.

        A. 5083--D                          4
 
     1    7.  The commission shall promulgate regulations necessary to implement
     2  the uniform natural  gas  leak  classifications  as  specified  in  this
     3  section  and  shall  oversee and monitor each gas corporation's response
     4  and reporting.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.
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