NY State Senate Bill 2015-S3586

Senate Bill S3586

2015-2016 Legislative Session

Relates to requiring liquid petroleum pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high-risk of leaking

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to energy and telecommunications
Feb 12, 2015	referred to energy and telecommunications

co-Sponsors

2015-S3586 (ACTIVE) - Details

See Assembly Version of this Bill:: A2547
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §63-gg, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7010, A9336
2017-2018: S66, A661
2019-2020: S29, A2364

2015-S3586 (ACTIVE) - Summary

Relates to requiring liquid petroleum pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high-risk of leaking.

2015-S3586 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3586

TITLE OF BILL:

An act to amend the public service law, in relation to requiring
liquid petroleum pipeline facilities to accelerate the repair,
rehabilitation, and replacement of equipment or pipelines that are
leaking or at a high-risk of leaking

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make operators of gas pipeline
facilities accelerate the repair, rehabilitation, and replacement of
gas piping r equipment. This bill will also make facilities adopt a
cost recovery program, a standard definition and methodology for
calculating and reporting unaccounted for gas to improve data quality,
and limits on cost recovery for the lost and unaccounted for gas. It
will also require the use of the best available technology to detect
gas leaks. This bill will help to set guidelines pertaining to
classifying hazardous pipelines, creating a methodology for
calculating unaccounted for gas, and establishing a database of
pipeline infrastructure in cities of one million or more.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public service law by adding a new section 63-gg

called Pipeline modernization and consumer protection.

Part 1 establishes the definition of "gas pipeline facility", which is
a distribution facility and gas utility.

Part 2 establishes that each operator of a gas pipeline facility will,
accelerate the repair, rehabilitation, and replacement of gas piping
or equipment that is: (a) leaking; or (b) may pose high risks of
leaking or may no longer be fit for service, because of: (i) inferior
materials, (ii) poor construction practices, (iii)lack of maintenance,
or (iv) age.

Part 3 establishes that in complying with subdivision two of this
section, the commission shall: (a) develop prioritized timeliness to
repair all leaks based on the severity of the leak; (b) adopt a
cost-recovery program; (c) adopt a standard definition and methodology
for calculating and reporting unaccounted for gas to improve data
quality; (d) adopt limits on cost recovery for the lost and
unaccounted for gas; and (e)require the use Of the best available
technology to detect gas leaks.

Part 4 establishes that the New York State energy research and
development authority will issue non binding guidelines to identify
the best practices for classifying high-risk pipeline infrastructure
and leaks for repair or replacement. This will take place no later
than one year after the effective date.

Part 5 establishes that the New York State energy research and
development authority and the commission, no later than a year after
the effective date, will create and publish forms that adopt a


standard definition and methodology for calculating and reporting
unaccounted for gas.

Part 6 establishes that operators of gas pipeline facilities in cities
with a population of one million or more shall establish a database of
pipeline infrastructure that will be shared with the coordinated
building inspection data analysis.

JUSTIFICATION:

Federal requirements related to repairing pipeline leaks are limited
to hazardous leaks, which are leaks that represent an existing or
probable hazard to persons or property and require immediate repair.
There are no Federal requirements to address slower or less hazardous
leaks, which can allow the leaks to persist unrepaired indefinitely.

According to the Pipeline and Hazardous Materials Safety
Administration, the United States natural gas distribution system
still includes 61,000 miles of bare steel pipe without adequate
corrosion protection and 32,000 miles of cast iron pipe, which was
installed beginning in the 1830s and can be prone to failure. Major
repent pipeline explosions that led to human fatalities occurred in:
Austin, Texas; Philadelphia, Pennsylvania; and Allentown,
Pennsylvania. These explosions were the result of aging, leaking, and
high-risk pipeline infrastructure.

This bill will help create a higher standard of safety in terms of
pipeline infrastructure, and will lower the cost of the rate that
consumers have to pay for lost and unaccounted for gas. This bill will
also help to improve the environment by limiting the amount of natural
gas that leaks out of faulty pipelines.

PRIOR LEGISLATIVE HISTORY:

New bill.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3586 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3586

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

Introduced  by Sens. ESPAILLAT, DILAN, HOYLMAN, PERKINS, SAMPSON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Energy and Telecommunications

AN  ACT to amend the public service law, in relation to requiring liquid
  petroleum pipeline facilities  to  accelerate  the  repair,  rehabili-
  tation,  and replacement of equipment or pipelines that are leaking or
  at a high-risk of leaking

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new section
63-gg to read as follows:
  S 63-GG. PIPELINE MODERNIZATION AND CONSUMER  PROTECTION.  1.    DEFI-
NITION.  AS  USED  IN  THIS  SECTION,  THE FOLLOWING TERM SHALL HAVE THE
FOLLOWING MEANING:
  "GAS PIPELINE FACILITY" MEANS (A) A DISTRIBUTION FACILITY, AND  (B)  A
GAS UTILITY.
  2.  EACH  OPERATOR  OF  A  GAS  PIPELINE FACILITY SHALL ACCELERATE THE
REPAIR, REHABILITATION, AND REPLACEMENT OF GAS PIPING OR EQUIPMENT  THAT
IS:
  (A) LEAKING; OR
  (B)  MAY  POSE  HIGH  RISKS  OF  LEAKING,  OR MAY NO LONGER BE FIT FOR
SERVICE, BECAUSE OF: (I)  INFERIOR  MATERIALS,  (II)  POOR  CONSTRUCTION
PRACTICES, (III) LACK OF MAINTENANCE, OR (IV) AGE.
  3.  IN  COMPLYING WITH SUBDIVISION TWO OF THIS SECTION, THE COMMISSION
SHALL: (A) DEVELOP PRIORITIZED TIMELINES TO REPAIR ALL  LEAKS  BASED  ON
THE  SEVERITY  OF  THE  LEAK,  INCLUDING NON-HAZARDOUS LEAKS, OR REPLACE
IDENTIFIED LEAKING OR HIGH-RISK PIPING  OR  EQUIPMENT,  INCLUDING  LEAKS
IDENTIFIED  AS PART OF AN INTEGRITY MANAGEMENT PLAN DEVELOPED UNDER THIS
SECTION IF APPLICABLE;
  (B) ADOPT A COST-RECOVERY PROGRAM THAT INCLUDES (I) REPLACEMENT  PLANS
WITH  TARGETS  AND  BENCHMARKS  FOR  LEAKING OR HIGH-RISK INFRASTRUCTURE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00796-01-5

S. 3586                             2

REPLACEMENT, (II) CONSIDERATION OF THE ECONOMIC,  SAFETY,  AND  ENVIRON-
MENTAL  BENEFITS  OF  REDUCED  GAS  LEAKAGE,  INCLUDING CONSIDERATION OF
REDUCED OPERATION AND MAINTENANCE COSTS AND REDUCED  COSTS  ATTRIBUTABLE
TO  LOST  OR  UNACCOUNTED-FOR  NATURAL  GAS,  AND (III) REPORTING ON THE
REDUCTIONS IN LOST OR  UNACCOUNTED-FOR  GAS  AS  A  RESULT  OF  PIPELINE
REPLACEMENTS;
  (C)  ADOPT  A  STANDARD DEFINITION AND METHODOLOGY FOR CALCULATING AND
REPORTING UNACCOUNTED-FOR GAS TO IMPROVE DATA QUALITY;
  (D) ADOPT LIMITS ON COST RECOVERY FOR  THE  LOST  AND  UNACCOUNTED-FOR
GAS; AND
  (E) REQUIRE USE OF BEST AVAILABLE TECHNOLOGY TO DETECT GAS LEAKS.
  4.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE NEW YORK STATE ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  SHALL,
AFTER  NOTICE  AND  OPPORTUNITY TO COMMENT, ISSUE NON-BINDING GUIDELINES
IDENTIFYING BEST PRACTICES FOR  IDENTIFYING  AND  CLASSIFYING  HIGH-RISK
PIPELINE INFRASTRUCTURE AND LEAKS FOR REPAIR OR REPLACEMENT.
  5.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, NO
LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  SECTION,  THE  NEW
YORK  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE COMMISSION
SHALL WORK JOINTLY TO ESTABLISH AND PUBLISH FORMS THAT ADOPT A  STANDARD
DEFINITION AND METHODOLOGY FOR CALCULATING AND REPORTING UNACCOUNTED-FOR
GAS,  INCLUDING,  WHEN POSSIBLE, INFORMATION ON THE CAUSES OF UNACCOUNT-
ED-FOR GAS AND THE QUANTITIES ASSOCIATED WITH EACH  CAUSE,  FOR  USE  BY
APPLICABLE  STATE  AGENCIES  TO  STANDARDIZE THE DATA COLLECTED ON UNAC-
COUNTED-FOR GAS.
  6. OPERATORS OF GAS PIPELINE FACILITIES IN CITIES WITH A POPULATION OF
ONE MILLION OR MORE SHALL ESTABLISH A DATABASE OF  PIPELINE  INFRASTRUC-
TURE  THAT  INCLUDES  ITS  AGE  AND STATE OF REPAIR AND SHALL SHARE THIS
INFORMATION WITH  THE  COORDINATED  BUILDING  INSPECTION  DATA  ANALYSIS
SYSTEM.
  S 2. This act shall take effect immediately.

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Senate Bill S3586

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Sponsored By

Adriano Espaillat