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.
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.
