S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    661
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
   Committee on Energy
 
 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:
   §  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
 REPLACEMENT,  (II)  CONSIDERATION  OF THE ECONOMIC, SAFETY, AND ENVIRON-

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

                                                            LBD04359-01-7

 A. 661                              2
 
 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.
   § 2. This act shall take effect immediately.