Assembly Bill A9722A

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

                                 9722--A

                          I N  A S S E M B L Y

                              May 20, 2014
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  RODRIGUEZ,  OTIS  -- read once and
  referred to the Committee on Corporations, Authorities and Commissions
  -- reported and referred to the Committee on Rules -- Rules  Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to the Committee on Rules

AN ACT to amend the public service law, in relation to filing gas safety
  reports

  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
66-n to read as follows:
  S  66-N.  GAS  SAFETY REPORTS. 1. ON OR BEFORE MARCH FIFTEENTH OF EACH
YEAR, EACH GAS CORPORATION SHALL FILE WITH THE DEPARTMENT A  GAS  SAFETY
REPORT.  THE  DEPARTMENT  SHALL  REVIEW  THE REPORTS TO MONITOR EACH GAS
CORPORATION'S PIPELINE REPLACEMENT PROJECTS  AND  ALL  OTHER  ACTIVITIES
RELATED TO PROVIDING SAFE AND RELIABLE GAS SERVICE IN ORDER TO DETERMINE
WHETHER  THE  PROJECTS  OR  ACTIVITIES ARE BEING CARRIED OUT IN A MANNER
CONSISTENT WITH THIS CHAPTER, THE COMMISSION'S  RULES,  REGULATIONS  AND
ORDERS,  AND  ANY  PRACTICE  THE DEPARTMENT HAS DEEMED NECESSARY FOR THE
PROVISION OF SAFE AND RELIABLE SERVICE, AND TO TRACK HOW EACH GAS CORPO-
RATION IS SPENDING ANY FUNDS ALLOCATED FOR PIPELINE REPLACEMENT PROJECTS
AND ALL OTHER ACTIVITIES RELATED TO  PROVIDING  SAFE  AND  RELIABLE  GAS
SERVICE.
  2.  THE  GAS  SAFETY  REPORT  PROVIDED  FOR IN SUBDIVISION ONE OF THIS
SECTION SHALL INCLUDE A THOROUGH  DESCRIPTION  AND  EXPLANATION  OF  THE
STRATEGIC PLANNING AND DECISION-MAKING METHODOLOGY USED TO DETERMINE AND
PRIORITIZE  PIPELINE  REPLACEMENT  PROJECTS, A DESCRIPTION OF THE CORPO-
RATION'S OPERATION AND MAINTENANCE ACTIVITIES RELATED TO GAS  SAFETY,  A
DESCRIPTION  OF  THE  CORPORATION'S INSPECTIONS OF ITS INTRASTATE TRANS-
MISSION AND DISTRIBUTION LINES, AND ANY OTHER INFORMATION THE DEPARTMENT
MAY REQUIRE. IF THERE HAS BEEN NO SUBSTANTIAL CHANGE  IN  A  GAS  CORPO-
RATION'S  SAFETY  REPORT SINCE THE GAS SAFETY REPORT MOST RECENTLY FILED
WITH THE DEPARTMENT, THE CORPORATION, WITH CONSENT  OF  THE  DEPARTMENT,
MAY FILE AN UPDATED VERSION OF SUCH REPORT.

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

                                                           LBD15211-02-4

A. 9722--A                          2

  2-A. A GAS CORPORATION SHALL ALSO INCLUDE WITH ITS GAS SAFETY REPORT A
LIST  OF  PIPELINE  REPLACEMENT  PROJECTS COMPLETED BY A GAS CORPORATION
WITHIN THE LAST YEAR; SUCH  LIST  SHALL  INDICATE  WHICH  PROJECTS  WERE
COMPLETED  WITH  A  GAS  CORPORATION'S  OWN  EMPLOYEES  AND  WHICH  WERE
COMPLETED  BY  CONTRACTORS.  THE  COMMISSION MAY ALSO ORDER A GAS CORPO-
RATION TO SUBMIT AN INDEPENDENT COST BENEFIT ANALYSIS WHICH EXAMINES THE
GAS CORPORATION'S USE OF ITS OWN EMPLOYEES AND ITS USE OF CONTRACTORS TO
COMPLETE PIPELINE REPLACEMENT PROJECTS.
  3. IF THE DEPARTMENT DETERMINES THAT THERE IS A DEFICIENCY  IN  A  GAS
CORPORATION'S  PRIORITIZATION OR ADMINISTRATION OF ITS PIPELINE REPLACE-
MENT PROJECTS OR OPERATION AND MAINTENANCE  ACTIVITIES  RELATED  TO  GAS
SAFETY, THE DEPARTMENT SHALL NOTIFY THE COMMISSION AT THE NEXT SCHEDULED
PUBLIC  SESSION  AND  SHALL PROVIDE A BRIEF DESCRIPTION OF THE FACTS AND
NATURE OF THE DEFICIENCY. THE COMMISSION MAY ORDER  REASONABLE  IMPROVE-
MENTS  THAT  WILL  BEST PROMOTE THE PUBLIC INTEREST, PRESERVE THE PUBLIC
HEALTH AND PROTECT THOSE USING GAS PURSUANT TO THOSE POWERS PROVIDED  TO
THE COMMISSION AS PROVIDED IN THIS CHAPTER, INCLUDING BUT NOT LIMITED TO
THOSE IN SECTION SIXTY-SIX OF THIS ARTICLE.
  S 2. This act shall take effect immediately.