Assembly Bill A5083D

2015-2016 Legislative Session

Relates to reporting requirements for various classifications of gas leaks by utility corporations

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2016	referred to energy and telecommunications delivered to senate passed assembly
Mar 24, 2016	advanced to third reading cal.459
Mar 22, 2016	reported
Mar 16, 2016	print number 5083d
Mar 16, 2016	amend and recommit to codes
Mar 07, 2016	reported referred to codes
Jan 11, 2016	committed to corporations, authorities and commissions
Jan 06, 2016	ordered to third reading cal.200 returned to assembly died in senate
Jun 19, 2015	referred to rules delivered to senate passed assembly
Jun 16, 2015	ordered to third reading rules cal.494 rules report cal.494 reported
Jun 12, 2015	amend and recommit to rules 5083c
Jun 11, 2015	amend and recommit to rules 5083b
Jun 08, 2015	reported referred to rules
Jun 01, 2015	reported referred to codes
May 07, 2015	print number 5083a
May 07, 2015	amend and recommit to corporations, authorities and commissions
Feb 12, 2015	referred to corporations, authorities and commissions

Bill Amendments

Original

D (Active)

co-Sponsors

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multi-Sponsors

2015-A5083 - Details

See Senate Version of this Bill:: S5206
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9772, S7430
2017-2018: A467, S4264

2015-A5083 - Summary

Relates to reporting requirements for various classifications of gas leaks by utility corporations.

2015-A5083 - Bill Text download pdf

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

                                  5083

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            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, CAMARA, LUPARDO, THIELE --
  read once and referred to the Committee on  Corporations,  Authorities
  and Commissions

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:

  Section  1.  The public service law is amended by adding a new section
67-b to read as follows:
  S 67-B. NATURAL GAS LEAK REPORTING  REQUIREMENTS.  1.  THE  DEPARTMENT
SHALL  ESTABLISH A UNIFORM NATURAL GAS LEAK CLASSIFICATION SYSTEM AS SET
FORTH IN THIS SECTION.
  2. ALL LEAKS SHALL BE ASSESSED A CLASS BASED ON THE FOLLOWING SYSTEM:
  (A) TYPE 1 CLASSIFICATION. (1) A TYPE 1 LEAK IS ONE WHICH, DUE TO  ITS
LOCATION  AND/OR RELATIVE MAGNITUDE, CONSTITUTES A POTENTIALLY HAZARDOUS
CONDITION TO THE PUBLIC OR BUILDINGS. IN THE EVENT  OF  A  TYPE  1  LEAK
CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  REQUIRE AN IMMEDIATE EFFORT TO PROTECT LIFE AND
PROPERTY;
  (II) CONTINUOUS ACTION SHALL BE THEREAFTER TAKEN UNTIL  THE  CONDITION
IS NO LONGER HAZARDOUS; AND
  (III)  COMPLETION  OF REPAIRS SHALL BE SCHEDULED ON A REGULAR DAY-AFT-
ER-DAY BASIS, OR THE CONDITION KEPT UNDER DAILY SURVEILLANCE  UNTIL  THE
SOURCE OF THE LEAK HAS BEEN CORRECTED.
  (2) TYPE 1 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) DAMAGE BY CONTRACTORS OR OUTSIDE SOURCES RESULTING IN LEAKAGE;
  (II)  ANY  INDICATION  ON A COMBUSTIBLE GAS INDICATOR (CGI) OF NATURAL
GAS ENTERING BUILDINGS OR TUNNELS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04871-01-5

A. 5083                             2

  (III) ANY READING ON A CGI WITHIN FIVE FEET (1.5 METERS) OF A BUILDING
WALL;
  (IV) ANY READING OF FOUR PERCENT OR GREATER GAS-IN-AIR ON A CGI WITHIN
MANHOLES,  VAULTS  OR  CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH THE
STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS PHYSICALLY POSSIBLE); OR
  (V) ANY LEAK WHICH, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT  THE
SCENE, IS REGARDED AS POTENTIALLY HAZARDOUS.
  (B)  TYPE  2A  CLASSIFICATION.  (1) A TYPE 2A LEAK DOES NOT PRESENT AN
IMMEDIATELY HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF  A
NATURE  THAT REQUIRES FREQUENT SURVEILLANCE AND SCHEDULED REPAIR. IN THE
EVENT OF A TYPE 2A LEAK CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL BE REPAIRED WITHIN  A  PERIOD  NOT  TO  EXCEED  SIX
MONTHS; AND
  (II)  THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A FREQUENCY
NOT TO EXCEED TWO WEEKS UNTIL REPAIRED.
  (2) TYPE 2A LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) ANY READING OF TEN PERCENT  OR  GREATER  GAS-IN-AIR  IN  ANY  AREA
CONTINUOUSLY PAVED FROM THE CURBLINE TO THE BUILDING WALL, WHICH IS MORE
THAN  FIVE  FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS) OF THE
BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD;
  (II) ANY READING, IN AN UNPAVED AREA, OF  TWENTY  PERCENT  OR  GREATER
GAS-IN-AIR  WHICH  IS MORE THAN FIVE FEET (1.5 METERS) BUT WITHIN TWENTY
FEET (6.1 METERS) OF THE BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF
THE ROAD; OR
  (III) ANY LEAK, OTHER THAN TYPE 1, WHICH, UNDER FROST OR OTHER  CONDI-
TIONS, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE SCENE SHOULD BE
CLASSIFIED AS A TYPE 2A.
  (C) TYPE 2 CLASSIFICATION. (1) A TYPE 2 LEAK DOES NOT PRESENT AN IMME-
DIATE HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A NATURE
REQUIRING SCHEDULED REPAIR. IN THE EVENT OF A TYPE 2 LEAK CLASSIFICATION
THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL BE REPAIRED WITHIN A PERIOD NOT TO EXCEED ONE YEAR,
EXCEPT  THAT  LEAKS  CLASSIFIED  UNDER CLAUSE (V) OF SUBPARAGRAPH TWO OF
THIS PARAGRAPH SHALL BE REPAIRED WITHIN SIX MONTHS; AND
  (II) THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A  FREQUENCY
NOT  TO EXCEED TWO MONTHS, EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE (V)
OF SUBPARAGRAPH TWO OF THIS PARAGRAPH  SHALL  BE  SURVEILLED  EVERY  TWO
WEEKS.
  (2) TYPE 2 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I)  ANY READING LESS THAN TEN PERCENT GAS-IN-AIR BETWEEN THE BUILDING
AND THE CURBLINE IN ANY AREA CONTINUOUSLY PAVED WHICH IS MORE THAN  FIVE
FEET  (1.5  METERS)  BUT WITHIN THIRTY FEET (9.1 METERS) OF THE BUILDING
AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD; OR
  (II) ANY READING LESS THAN TWENTY PERCENT GAS-IN-AIR  IN  ANY  UNPAVED
AREA  WHICH  IS  MORE THAN FIVE FEET (1.5 METERS) BUT WITHIN TWENTY FEET
(6.1 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR  SHOULDER  OF  THE
ROAD; OR
  (III)  ANY  READING  OF  THIRTY  PERCENT  OR  GREATER GAS-IN-AIR IN AN
UNPAVED AREA WHICH IS MORE THAN TWENTY  FEET  (6.1  METERS)  BUT  WITHIN
FIFTY FEET (15.2 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR SHOUL-
DER OF THE ROAD; OR
  (IV)  ANY  READING  OF THIRTY PERCENT OR GREATER GAS-IN-AIR IN A PAVED
AREA WHICH IS MORE THAN THIRTY FEET (9.1 METERS) BUT WITHIN  FIFTY  FEET
(15.2  METERS)  OF A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR

A. 5083                             3

  (V) ANY READING ABOVE ONE PERCENT BUT BELOW FOUR  PERCENT  GAS-IN-AIR,
WITHIN MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH
THE  STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS IS PHYSICALLY POSSI-
BLE).
  (D)  TYPE 3 CLASSIFICATION. A TYPE 3 LEAK IS NOT IMMEDIATELY HAZARDOUS
AT THE TIME OF DETECTION AND CAN BE REASONABLY EXPECTED TO  REMAIN  THAT
WAY.
  (1) A TYPE 3 LEAK IS ANY LEAK NOT CLASSIFIED AS TYPE 1, 2A OR 2.
  (2) TYPE 3 LEAKS SHALL BE REEVALUATED DURING THE NEXT REQUIRED LEAKAGE
SURVEY OR ANNUALLY, WHICHEVER IS LESS.
  3.  BEGINNING  MARCH FIRST, TWO THOUSAND SIXTEEN, EACH GAS CORPORATION
SHALL REPORT ANNUALLY TO THE DEPARTMENT THE LOCATION  OF  EACH  TYPE  1,
TYPE  2A,  TYPE 2 AND TYPE 3 LEAK EXISTING AS OF THAT DATE CLASSIFIED BY
THE CORPORATION, THE DATE EACH TYPE 1, TYPE 2A, TYPE 2 AND TYPE  3  LEAK
WAS CLASSIFIED AND THE DATE OF REPAIR PERFORMED ON EACH TYPE 1, TYPE 2A,
TYPE  2 AND TYPE 3 LEAK AS PART OF ITS REQUIRED GAS SURVEILLANCE PROGRAM
AS REQUIRED UNDER ITS  APPROVED  OPERATIONS  AND  MAINTENANCE  PROGRAMS.
EACH GAS CORPORATION SHALL ALSO INCLUDE IN SUCH REPORT A STATEMENT INDI-
CATING  (A)  WHETHER  IT HAD OR HAS A SUFFICIENT NUMBER OF EMPLOYEES, IN
ITS OWN EMPLOY, TO SUCCESSFULLY COMPLETE THE REPAIRS IDENTIFIED  IN  THE
REPORT  WITHIN  THE  TIMEFRAMES SET FORTH IN THIS SECTION, (B) A LIST OF
PIPELINE REPLACEMENT OR OTHER SIMILAR SAFETY PROJECTS UNDERTAKEN  DURING
THE  REPORTING  PERIOD AND WHETHER IT HAS A SUFFICIENT NUMBER OF EMPLOY-
EES, IN ITS OWN EMPLOY, TO SUCCESSFULLY COMPLETE SUCH PROJECTS, AND  (C)
THE  NUMBER  OF EMPLOYEES REQUIRED FOR SUCH REPAIR AND PIPELINE REPLACE-
MENT PROJECTS AND THEIR RESPECTIVE CLASSIFICATIONS. SUCH GAS LEAK INFOR-
MATION SHALL BE MADE AVAILABLE TO ANY MUNICIPAL OR STATE  PUBLIC  SAFETY
OFFICIAL  AND  ANY MEMBER OF THE LEGISLATURE UPON REQUEST TO THE DEPART-
MENT.
  4. THE DEPARTMENT SHALL PROMULGATE REGULATIONS NECESSARY TO  IMPLEMENT
THE  UNIFORM LEAK CLASSIFICATION STANDARDS AS SPECIFIED IN THIS SECTION,
AND SHALL OVERSEE AND MONITOR COMPANY RESPONSE AND REPORTING.
  5. THE COMMISSION SHALL COMMENCE A PROCEEDING TO  INVESTIGATE  WHETHER
NEW YORK STATE SHOULD REQUIRE THE WINTER SURVEILLANCE AND PATROL OF CAST
IRON  OR DUCTILE IRON PIPELINES IN THE STATE AND SHALL DETERMINE WHETHER
THE PRESENCE OF EXTENDED FROST CAP CONDITIONS MAY RESULT  IN  ADDITIONAL
STRESS  ON  CAST  IRON OR DUCTILE IRON PIPE SEGMENTS, REQUIRING ENHANCED
SURVEILLANCE AND PATROL. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH MINI-
MUM UNIFORM PROCEDURES FOR CAST IRON AND DUCTILE IRON  SURVEILLANCE  AND
PATROLS.  GAS  COMPANIES  ARE  AUTHORIZED  TO  ESTABLISH PROCEDURES THAT
EXCEED ANY MINIMUM STANDARDS AT THEIR DISCRETION.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A5083A - Details

See Senate Version of this Bill:: S5206
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9772, S7430
2017-2018: A467, S4264

2015-A5083A - Summary

Relates to reporting requirements for various classifications of gas leaks by utility corporations.

2015-A5083A - Bill Text download pdf

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

                                 5083--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            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

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:

  Section 1. The public service law is amended by adding a  new  section
67-b to read as follows:
  S  67-B.  NATURAL  GAS  LEAK  CLASSIFICATIONS. 1. THE DEPARTMENT SHALL
ESTABLISH A UNIFORM NATURAL GAS LEAK CLASSIFICATION SYSTEM AS SET  FORTH
IN THIS SECTION.
  2. ALL LEAKS SHALL BE ASSESSED A CLASS BASED ON THE FOLLOWING SYSTEM:
  (A)  TYPE 1 CLASSIFICATION. (1) A TYPE 1 LEAK IS ONE WHICH, DUE TO ITS
LOCATION AND/OR RELATIVE MAGNITUDE, CONSTITUTES A POTENTIALLY  HAZARDOUS
CONDITION  TO  THE  PUBLIC  OR  BUILDINGS. IN THE EVENT OF A TYPE 1 LEAK
CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL REQUIRE AN IMMEDIATE EFFORT  TO  PROTECT  LIFE  AND
PROPERTY;
  (II)  CONTINUOUS  ACTION SHALL BE THEREAFTER TAKEN UNTIL THE CONDITION
IS NO LONGER HAZARDOUS;
  (III) COMPLETION OF REPAIRS SHALL BE SCHEDULED ON A  REGULAR  DAY-AFT-
ER-DAY  BASIS,  OR THE CONDITION KEPT UNDER DAILY SURVEILLANCE UNTIL THE
SOURCE OF THE LEAK HAS BEEN CORRECTED; AND
  (IV) THE NOTIFICATION OF THE FIRE DEPARTMENT IN EACH  CITY,  TOWN,  OR
VILLAGE WHERE THE LEAK IS LOCATED.
  (2) TYPE 1 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) DAMAGE BY CONTRACTORS OR OUTSIDE SOURCES RESULTING IN LEAKAGE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04871-02-5

A. 5083--A                          2

  (II)  ANY  INDICATION  ON A COMBUSTIBLE GAS INDICATOR (CGI) OF NATURAL
GAS ENTERING BUILDINGS OR TUNNELS;
  (III) ANY READING ON A CGI WITHIN FIVE FEET (1.5 METERS) OF A BUILDING
WALL;
  (IV) ANY READING OF FOUR PERCENT OR GREATER GAS-IN-AIR ON A CGI WITHIN
MANHOLES,  VAULTS  OR  CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH THE
STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS PHYSICALLY POSSIBLE); OR
  (V) ANY LEAK WHICH, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT  THE
SCENE, IS REGARDED AS POTENTIALLY HAZARDOUS.
  (B)  TYPE  2A  CLASSIFICATION.  (1) A TYPE 2A LEAK DOES NOT PRESENT AN
IMMEDIATELY HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF  A
NATURE  THAT REQUIRES FREQUENT SURVEILLANCE AND SCHEDULED REPAIR. IN THE
EVENT OF A TYPE 2A LEAK CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL BE REPAIRED WITHIN  A  PERIOD  NOT  TO  EXCEED  SIX
MONTHS; AND
  (II)  THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A FREQUENCY
NOT TO EXCEED TWO WEEKS UNTIL REPAIRED.
  (2) TYPE 2A LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) ANY READING OF TEN PERCENT  OR  GREATER  GAS-IN-AIR  IN  ANY  AREA
CONTINUOUSLY PAVED FROM THE CURBLINE TO THE BUILDING WALL, WHICH IS MORE
THAN  FIVE  FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS) OF THE
BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD;
  (II) ANY READING, IN AN UNPAVED AREA, OF  TWENTY  PERCENT  OR  GREATER
GAS-IN-AIR  WHICH  IS MORE THAN FIVE FEET (1.5 METERS) BUT WITHIN TWENTY
FEET (6.1 METERS) OF THE BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF
THE ROAD; OR
  (III) ANY LEAK, OTHER THAN TYPE 1, WHICH, UNDER FROST OR OTHER  CONDI-
TIONS, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE SCENE SHOULD BE
CLASSIFIED AS A TYPE 2A.
  (C) TYPE 2 CLASSIFICATION. (1) A TYPE 2 LEAK DOES NOT PRESENT AN IMME-
DIATE HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A NATURE
REQUIRING SCHEDULED REPAIR. IN THE EVENT OF A TYPE 2 LEAK CLASSIFICATION
THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL BE REPAIRED WITHIN A PERIOD NOT TO EXCEED ONE YEAR,
EXCEPT  THAT  LEAKS  CLASSIFIED  UNDER CLAUSE (V) OF SUBPARAGRAPH TWO OF
THIS PARAGRAPH SHALL BE REPAIRED WITHIN SIX MONTHS; AND
  (II) THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A  FREQUENCY
NOT  TO EXCEED TWO MONTHS, EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE (V)
OF SUBPARAGRAPH TWO OF THIS PARAGRAPH  SHALL  BE  SURVEILLED  EVERY  TWO
WEEKS.
  (2) TYPE 2 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I)  ANY READING LESS THAN TEN PERCENT GAS-IN-AIR BETWEEN THE BUILDING
AND THE CURBLINE IN ANY AREA CONTINUOUSLY PAVED WHICH IS MORE THAN  FIVE
FEET  (1.5  METERS)  BUT WITHIN THIRTY FEET (9.1 METERS) OF THE BUILDING
AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD; OR
  (II) ANY READING LESS THAN TWENTY PERCENT GAS-IN-AIR  IN  ANY  UNPAVED
AREA  WHICH  IS  MORE THAN FIVE FEET (1.5 METERS) BUT WITHIN TWENTY FEET
(6.1 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR  SHOULDER  OF  THE
ROAD; OR
  (III)  ANY  READING  OF  THIRTY  PERCENT  OR  GREATER GAS-IN-AIR IN AN
UNPAVED AREA WHICH IS MORE THAN TWENTY  FEET  (6.1  METERS)  BUT  WITHIN
FIFTY FEET (15.2 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR SHOUL-
DER OF THE ROAD; OR
  (IV)  ANY  READING  OF THIRTY PERCENT OR GREATER GAS-IN-AIR IN A PAVED
AREA WHICH IS MORE THAN THIRTY FEET (9.1 METERS) BUT WITHIN  FIFTY  FEET

A. 5083--A                          3

(15.2  METERS)  OF A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR
  (V)  ANY  READING ABOVE ONE PERCENT BUT BELOW FOUR PERCENT GAS-IN-AIR,
WITHIN MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH
THE STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS IS PHYSICALLY  POSSI-
BLE).
  (D)  TYPE 3 CLASSIFICATION. A TYPE 3 LEAK IS NOT IMMEDIATELY HAZARDOUS
AT THE TIME OF DETECTION AND CAN BE REASONABLY EXPECTED TO  REMAIN  THAT
WAY.
  (1) A TYPE 3 LEAK IS ANY LEAK NOT CLASSIFIED AS TYPE 1, 2A OR 2.
  (2) TYPE 3 LEAKS SHALL BE REEVALUATED DURING THE NEXT REQUIRED LEAKAGE
SURVEY OR ANNUALLY, WHICHEVER IS LESS.
  3.  BEGINNING  MARCH FIRST, TWO THOUSAND SIXTEEN, EACH GAS CORPORATION
SHALL REPORT ANNUALLY TO THE DEPARTMENT THE LOCATION  OF  EACH  TYPE  1,
TYPE  2A,  TYPE 2 AND TYPE 3 LEAK EXISTING AS OF THAT DATE CLASSIFIED BY
THE CORPORATION, THE DATE EACH TYPE 1, TYPE 2A, TYPE 2 AND TYPE  3  LEAK
WAS CLASSIFIED AND THE DATE OF REPAIR PERFORMED ON EACH TYPE 1, TYPE 2A,
TYPE  2 AND TYPE 3 LEAK AS PART OF ITS REQUIRED GAS SURVEILLANCE PROGRAM
AS REQUIRED UNDER ITS APPROVED OPERATIONS AND MAINTENANCE PROGRAMS.    A
GAS CORPORATION SHALL SPECIFY ANY RECLASSIFICATION OF PREVIOUSLY IDENTI-
FIED  LEAKS  IN ITS REPORT.   EACH GAS CORPORATION SHALL ALSO INCLUDE IN
SUCH REPORT A STATEMENT INDICATING (A) WHETHER IT HAD OR  HAS  A  SUFFI-
CIENT  NUMBER  OF EMPLOYEES, IN ITS OWN EMPLOY, TO SUCCESSFULLY COMPLETE
THE REPAIRS IDENTIFIED IN THE REPORT WITHIN THE TIMEFRAMES SET FORTH  IN
THIS SECTION, (B) A LIST OF PIPELINE REPLACEMENT OR OTHER SIMILAR SAFETY
PROJECTS  UNDERTAKEN  DURING  THE  REPORTING PERIOD AND WHETHER IT HAS A
SUFFICIENT NUMBER OF EMPLOYEES,  IN  ITS  OWN  EMPLOY,  TO  SUCCESSFULLY
COMPLETE  SUCH  PROJECTS,  AND  (C) THE NUMBER OF EMPLOYEES REQUIRED FOR
SUCH REPAIR AND PIPELINE REPLACEMENT PROJECTS AND THEIR RESPECTIVE CLAS-
SIFICATIONS. SUCH GAS LEAK INFORMATION SHALL BE MADE  AVAILABLE  TO  ANY
MUNICIPAL  OR STATE OFFICIAL WITH JURISDICTION OVER NATURAL GAS LEAKS OR
RESPONSIBILITY FOR PUBLIC SAFETY AND ANY MEMBER OF THE LEGISLATURE  UPON
REQUEST TO THE DEPARTMENT.
  4.    UPON THE UNDERTAKING OF A SIGNIFICANT PROJECT EXPOSING CONFIRMED
NATURAL GAS INFRASTRUCTURE, AND WITH SUFFICIENT NOTICE,  A  MUNICIPALITY
OR  THE  STATE  SHALL SUBMIT NOTIFICATION OF THE PROJECT TO THE RELEVANT
GAS CORPORATION. THE GAS CORPORATION SHALL SURVEY THE PROJECT  AREA  FOR
THE  PRESENCE  OF  TYPE  1,  TYPE 2A, OR TYPE 2 LEAKS AND SET REPAIR AND
REPLACEMENT SCHEDULES FOR ALL KNOWN OR NEWLY DETECTED TYPE 1,  TYPE  2A,
OR  TYPE  2  LEAKS.  THE  GAS CORPORATION SHALL ENSURE THAT ANY SHUT OFF
VALVE IN THE SIGNIFICANT PROJECT AREA HAS A GATE BOX INSTALLED  UPON  IT
OR A REASONABLE ALTERNATIVE THAT WOULD OTHERWISE ENSURE CONTINUED PUBLIC
SAFETY AND THAT ANY CRITICAL VALVE THAT HAS NOT BEEN INSPECTED AND TEST-
ED  WITHIN  THE  PAST  TWELVE  MONTHS  IS VERIFIED TO BE OPERATIONAL AND
ACCESSIBLE. THE GAS CORPORATION SHALL PROVIDE THE REPAIR AND REPLACEMENT
SCHEDULE OF GAS LEAKS TO THE MUNICIPALITY OR THE STATE.
  5. THE COMMISSION SHALL COMMENCE A PROCEEDING TO  INVESTIGATE  WHETHER
NEW YORK STATE SHOULD REQUIRE THE WINTER SURVEILLANCE AND PATROL OF CAST
IRON  OR DUCTILE IRON PIPELINES IN THE STATE AND SHALL DETERMINE WHETHER
THE PRESENCE OF EXTENDED FROST CAP CONDITIONS MAY RESULT  IN  ADDITIONAL
STRESS  ON  CAST  IRON OR DUCTILE IRON PIPE SEGMENTS, REQUIRING ENHANCED
SURVEILLANCE AND PATROL. THE COMMISSION IS AUTHORIZED TO ESTABLISH MINI-
MUM UNIFORM PROCEDURES FOR CAST IRON AND DUCTILE IRON  SURVEILLANCE  AND
PATROLS.  GAS  CORPORATIONS  ARE AUTHORIZED TO ESTABLISH PROCEDURES THAT
EXCEED ANY MINIMUM STANDARDS AT THEIR DISCRETION.

A. 5083--A                          4

  6. A MUNICIPAL OR STATE OFFICIAL WITH JURISDICTION  OVER  NATURAL  GAS
LEAKS  OR RESPONSIBILITY FOR PUBLIC SAFETY MAY REQUEST A REEVALUATION OF
A TYPE 3 LEAK PRIOR TO THE NEXT SCHEDULED SURVEY, OR SOONER THAN  TWELVE
MONTHS  OF  THE  DATE  LAST  EVALUATED, IF THE OFFICIAL HAS A REASONABLE
BELIEF THAT THE TYPE 3 LEAK POSES A THREAT TO PUBLIC SAFETY.
  7.  THE COMMISSION SHALL PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT
THE UNIFORM NATURAL  GAS  LEAK  CLASSIFICATIONS  AS  SPECIFIED  IN  THIS
SECTION  AND  SHALL  OVERSEE AND MONITOR EACH GAS CORPORATION'S RESPONSE
AND REPORTING.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A5083B - Details

See Senate Version of this Bill:: S5206
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9772, S7430
2017-2018: A467, S4264

2015-A5083B - Summary

Relates to reporting requirements for various classifications of gas leaks by utility corporations.

2015-A5083B - Bill Text download pdf

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

                                 5083--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            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

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:

  Section  1.  The public service law is amended by adding a new section
67-b to read as follows:
  S 67-B. NATURAL GAS LEAK  CLASSIFICATIONS.  1.  THE  DEPARTMENT  SHALL
ESTABLISH  A UNIFORM NATURAL GAS LEAK CLASSIFICATION SYSTEM AS SET FORTH
IN THIS SECTION.
  2. ALL LEAKS SHALL BE ASSESSED A CLASS BASED ON THE FOLLOWING SYSTEM:
  (A) TYPE 1 CLASSIFICATION. (1) A TYPE 1 LEAK IS ONE WHICH, DUE TO  ITS
LOCATION  AND/OR RELATIVE MAGNITUDE, CONSTITUTES A POTENTIALLY HAZARDOUS
CONDITION TO THE PUBLIC OR BUILDINGS. IN THE EVENT  OF  A  TYPE  1  LEAK
CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  REQUIRE AN IMMEDIATE EFFORT TO PROTECT LIFE AND
PROPERTY;
  (II) CONTINUOUS ACTION SHALL BE THEREAFTER TAKEN UNTIL  THE  CONDITION
IS NO LONGER HAZARDOUS;
  (III)  COMPLETION  OF REPAIRS SHALL BE SCHEDULED ON A REGULAR DAY-AFT-
ER-DAY BASIS, OR THE CONDITION KEPT UNDER DAILY SURVEILLANCE  UNTIL  THE
SOURCE OF THE LEAK HAS BEEN CORRECTED; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04871-05-5

A. 5083--B                          2

  (IV)  THE  NOTIFICATION  OF THE FIRE DEPARTMENT IN EACH CITY, TOWN, OR
VILLAGE WHERE THE LEAK IS LOCATED.
  (2) TYPE 1 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) DAMAGE BY CONTRACTORS OR OUTSIDE SOURCES RESULTING IN LEAKAGE;
  (II)  ANY  INDICATION  ON A COMBUSTIBLE GAS INDICATOR (CGI) OF NATURAL
GAS ENTERING BUILDINGS OR TUNNELS;
  (III) ANY READING ON A CGI WITHIN FIVE FEET (1.5 METERS) OF A BUILDING
WALL;
  (IV) ANY READING OF FOUR PERCENT OR GREATER GAS-IN-AIR ON A CGI WITHIN
MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE  CONDUCTED  WITH  THE
STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS PHYSICALLY POSSIBLE); OR
  (V)  ANY LEAK WHICH, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE
SCENE, IS REGARDED AS POTENTIALLY HAZARDOUS.
  (B) TYPE 2A CLASSIFICATION. (1) A TYPE 2A LEAK  DOES  NOT  PRESENT  AN
IMMEDIATELY  HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A
NATURE THAT REQUIRES FREQUENT SURVEILLANCE AND SCHEDULED REPAIR. IN  THE
EVENT OF A TYPE 2A LEAK CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  BE  REPAIRED  WITHIN A PERIOD NOT TO EXCEED SIX
MONTHS; AND
  (II) THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A  FREQUENCY
NOT TO EXCEED TWO WEEKS UNTIL REPAIRED.
  (2) TYPE 2A LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I)  ANY  READING  OF  TEN  PERCENT  OR GREATER GAS-IN-AIR IN ANY AREA
CONTINUOUSLY PAVED FROM THE CURBLINE TO THE BUILDING WALL, WHICH IS MORE
THAN FIVE FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS)  OF  THE
BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD;
  (II)  ANY  READING,  IN  AN UNPAVED AREA, OF TWENTY PERCENT OR GREATER
GAS-IN-AIR WHICH IS MORE THAN FIVE FEET (1.5 METERS) BUT  WITHIN  TWENTY
FEET (6.1 METERS) OF THE BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF
THE ROAD; OR
  (III)  ANY LEAK, OTHER THAN TYPE 1, WHICH, UNDER FROST OR OTHER CONDI-
TIONS, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE SCENE SHOULD BE
CLASSIFIED AS A TYPE 2A.
  (C) TYPE 2 CLASSIFICATION. (1) A TYPE 2 LEAK DOES NOT PRESENT AN IMME-
DIATE HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A NATURE
REQUIRING SCHEDULED REPAIR. IN THE EVENT OF A TYPE 2 LEAK CLASSIFICATION
THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL BE REPAIRED WITHIN A PERIOD NOT TO EXCEED ONE YEAR,
EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE (V)  OF  SUBPARAGRAPH  TWO  OF
THIS PARAGRAPH SHALL BE REPAIRED WITHIN SIX MONTHS; AND
  (II)  THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A FREQUENCY
NOT TO EXCEED TWO MONTHS, EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE  (V)
OF  SUBPARAGRAPH  TWO  OF  THIS  PARAGRAPH SHALL BE SURVEILLED EVERY TWO
WEEKS.
  (2) TYPE 2 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) ANY READING LESS THAN TEN PERCENT GAS-IN-AIR BETWEEN THE  BUILDING
AND  THE CURBLINE IN ANY AREA CONTINUOUSLY PAVED WHICH IS MORE THAN FIVE
FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS)  OF  THE  BUILDING
AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD; OR
  (II)  ANY  READING  LESS THAN TWENTY PERCENT GAS-IN-AIR IN ANY UNPAVED
AREA WHICH IS MORE THAN FIVE FEET (1.5 METERS) BUT  WITHIN  TWENTY  FEET
(6.1  METERS)  OF  A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR
  (III) ANY READING OF  THIRTY  PERCENT  OR  GREATER  GAS-IN-AIR  IN  AN
UNPAVED  AREA  WHICH  IS  MORE  THAN TWENTY FEET (6.1 METERS) BUT WITHIN

A. 5083--B                          3

FIFTY FEET (15.2 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR SHOUL-
DER OF THE ROAD; OR
  (IV)  ANY  READING  OF THIRTY PERCENT OR GREATER GAS-IN-AIR IN A PAVED
AREA WHICH IS MORE THAN THIRTY FEET (9.1 METERS) BUT WITHIN  FIFTY  FEET
(15.2  METERS)  OF A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR
  (V) ANY READING ABOVE ONE PERCENT BUT BELOW FOUR  PERCENT  GAS-IN-AIR,
WITHIN MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH
THE  STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS IS PHYSICALLY POSSI-
BLE).
  (D) TYPE 3 CLASSIFICATION. A TYPE 3 LEAK IS NOT IMMEDIATELY  HAZARDOUS
AT  THE  TIME OF DETECTION AND CAN BE REASONABLY EXPECTED TO REMAIN THAT
WAY.
  (1) A TYPE 3 LEAK IS ANY LEAK NOT CLASSIFIED AS TYPE 1, 2A OR 2.
  (2) TYPE 3 LEAKS SHALL BE REEVALUATED DURING THE NEXT REQUIRED LEAKAGE
SURVEY OR ANNUALLY, WHICHEVER IS LESS.
  3. BEGINNING MARCH FIRST, TWO THOUSAND SIXTEEN, EACH  GAS  CORPORATION
SHALL  REPORT  ANNUALLY  TO  THE DEPARTMENT THE LOCATION OF EACH TYPE 1,
TYPE 2A, TYPE 2 AND TYPE 3 LEAK EXISTING AS OF THAT DATE  CLASSIFIED  BY
THE  CORPORATION,  THE DATE EACH TYPE 1, TYPE 2A, TYPE 2 AND TYPE 3 LEAK
WAS CLASSIFIED AND THE DATE OF REPAIR PERFORMED ON EACH TYPE 1, TYPE 2A,
TYPE 2 AND TYPE 3 LEAK AS PART OF ITS REQUIRED GAS SURVEILLANCE  PROGRAM
AS  REQUIRED  UNDER ITS APPROVED OPERATIONS AND MAINTENANCE PROGRAMS.  A
GAS CORPORATION SHALL SPECIFY ANY RECLASSIFICATION OF PREVIOUSLY IDENTI-
FIED LEAKS IN ITS REPORT. SUCH GAS LEAK INFORMATION SHALL BE MADE AVAIL-
ABLE TO ANY MUNICIPAL OR STATE OFFICIAL WITH JURISDICTION  OVER  NATURAL
GAS  LEAKS  OR  RESPONSIBILITY  FOR  PUBLIC SAFETY AND ANY MEMBER OF THE
LEGISLATURE UPON REQUEST TO THE DEPARTMENT.
  4.  UPON THE UNDERTAKING OF A SIGNIFICANT PROJECT  EXPOSING  CONFIRMED
NATURAL  GAS  INFRASTRUCTURE, AND WITH SUFFICIENT NOTICE, A MUNICIPALITY
OR THE STATE SHALL SUBMIT NOTIFICATION OF THE PROJECT  TO  THE  RELEVANT
GAS  CORPORATION.  THE GAS CORPORATION SHALL SURVEY THE PROJECT AREA FOR
THE PRESENCE OF TYPE 1, TYPE 2A, OR TYPE 2  LEAKS  AND  SET  REPAIR  AND
REPLACEMENT  SCHEDULES  FOR ALL KNOWN OR NEWLY DETECTED TYPE 1, TYPE 2A,
OR TYPE 2 LEAKS. THE GAS CORPORATION SHALL  ENSURE  THAT  ANY  SHUT  OFF
VALVE  IN  THE SIGNIFICANT PROJECT AREA HAS A GATE BOX INSTALLED UPON IT
OR A REASONABLE ALTERNATIVE THAT WOULD OTHERWISE ENSURE CONTINUED PUBLIC
SAFETY AND THAT ANY CRITICAL VALVE THAT HAS NOT BEEN INSPECTED AND TEST-
ED WITHIN THE PAST TWELVE MONTHS  IS  VERIFIED  TO  BE  OPERATIONAL  AND
ACCESSIBLE. THE GAS CORPORATION SHALL PROVIDE THE REPAIR AND REPLACEMENT
SCHEDULE OF GAS LEAKS TO THE MUNICIPALITY OR THE STATE.
  5.  THE  COMMISSION SHALL COMMENCE A PROCEEDING TO INVESTIGATE WHETHER
NEW YORK STATE SHOULD REQUIRE THE WINTER SURVEILLANCE AND PATROL OF CAST
IRON OR DUCTILE IRON PIPELINES IN THE STATE AND SHALL DETERMINE  WHETHER
THE  PRESENCE  OF EXTENDED FROST CAP CONDITIONS MAY RESULT IN ADDITIONAL
STRESS ON CAST IRON OR DUCTILE IRON PIPE  SEGMENTS,  REQUIRING  ENHANCED
SURVEILLANCE AND PATROL. THE COMMISSION IS AUTHORIZED TO ESTABLISH MINI-
MUM  UNIFORM  PROCEDURES FOR CAST IRON AND DUCTILE IRON SURVEILLANCE AND
PATROLS. GAS CORPORATIONS ARE AUTHORIZED TO  ESTABLISH  PROCEDURES  THAT
EXCEED ANY MINIMUM STANDARDS AT THEIR DISCRETION.
  6.  A  MUNICIPAL  OR STATE OFFICIAL WITH JURISDICTION OVER NATURAL GAS
LEAKS OR RESPONSIBILITY FOR PUBLIC SAFETY MAY REQUEST A REEVALUATION  OF
A  TYPE 3 LEAK PRIOR TO THE NEXT SCHEDULED SURVEY, OR SOONER THAN TWELVE
MONTHS OF THE DATE LAST EVALUATED, IF  THE  OFFICIAL  HAS  A  REASONABLE
BELIEF THAT THE TYPE 3 LEAK POSES A THREAT TO PUBLIC SAFETY.

A. 5083--B                          4

  7.  THE COMMISSION SHALL PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT
THE UNIFORM NATURAL  GAS  LEAK  CLASSIFICATIONS  AS  SPECIFIED  IN  THIS
SECTION  AND  SHALL  OVERSEE AND MONITOR EACH GAS CORPORATION'S RESPONSE
AND REPORTING.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A5083C - Details

See Senate Version of this Bill:: S5206
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9772, S7430
2017-2018: A467, S4264

2015-A5083C - Summary

Relates to reporting requirements for various classifications of gas leaks by utility corporations.

2015-A5083C - Bill Text download pdf

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

                                 5083--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            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

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:

  Section  1.  The public service law is amended by adding a new section
67-b to read as follows:
  S 67-B. NATURAL GAS LEAK  CLASSIFICATIONS.  1.  THE  DEPARTMENT  SHALL
ESTABLISH  A UNIFORM NATURAL GAS LEAK CLASSIFICATION SYSTEM AS SET FORTH
IN THIS SECTION.
  2. ALL LEAKS SHALL BE ASSESSED A CLASS BASED ON THE FOLLOWING SYSTEM:
  (A) TYPE 1 CLASSIFICATION. (1) A TYPE 1 LEAK IS ONE WHICH, DUE TO  ITS
LOCATION  AND/OR RELATIVE MAGNITUDE, CONSTITUTES A POTENTIALLY HAZARDOUS
CONDITION TO THE PUBLIC OR BUILDINGS. IN THE EVENT  OF  A  TYPE  1  LEAK
CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  REQUIRE AN IMMEDIATE EFFORT TO PROTECT LIFE AND
PROPERTY;
  (II) CONTINUOUS ACTION SHALL BE THEREAFTER TAKEN UNTIL  THE  CONDITION
IS NO LONGER HAZARDOUS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04871-06-5

A. 5083--C                          2

  (III)  COMPLETION  OF REPAIRS SHALL BE SCHEDULED ON A REGULAR DAY-AFT-
ER-DAY BASIS, OR THE CONDITION KEPT UNDER DAILY SURVEILLANCE  UNTIL  THE
SOURCE OF THE LEAK HAS BEEN CORRECTED.
  (2) TYPE 1 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) DAMAGE BY CONTRACTORS OR OUTSIDE SOURCES RESULTING IN LEAKAGE;
  (II)  ANY  INDICATION  ON A COMBUSTIBLE GAS INDICATOR (CGI) OF NATURAL
GAS ENTERING BUILDINGS OR TUNNELS;
  (III) ANY READING ON A CGI WITHIN FIVE FEET (1.5 METERS) OF A BUILDING
WALL;
  (IV) ANY READING OF FOUR PERCENT OR GREATER GAS-IN-AIR ON A CGI WITHIN
MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE  CONDUCTED  WITH  THE
STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS PHYSICALLY POSSIBLE); OR
  (V)  ANY LEAK WHICH, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE
SCENE, IS REGARDED AS POTENTIALLY HAZARDOUS.
  (B) TYPE 2A CLASSIFICATION. (1) A TYPE 2A LEAK  DOES  NOT  PRESENT  AN
IMMEDIATELY  HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A
NATURE THAT REQUIRES FREQUENT SURVEILLANCE AND SCHEDULED REPAIR. IN  THE
EVENT OF A TYPE 2A LEAK CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  BE  REPAIRED  WITHIN A PERIOD NOT TO EXCEED SIX
MONTHS; AND
  (II) THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A  FREQUENCY
NOT TO EXCEED TWO WEEKS UNTIL REPAIRED.
  (2) TYPE 2A LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I)  ANY  READING  OF  TEN  PERCENT  OR GREATER GAS-IN-AIR IN ANY AREA
CONTINUOUSLY PAVED FROM THE CURBLINE TO THE BUILDING WALL, WHICH IS MORE
THAN FIVE FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS)  OF  THE
BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD;
  (II)  ANY  READING,  IN  AN UNPAVED AREA, OF TWENTY PERCENT OR GREATER
GAS-IN-AIR WHICH IS MORE THAN FIVE FEET (1.5 METERS) BUT  WITHIN  TWENTY
FEET (6.1 METERS) OF THE BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF
THE ROAD; OR
  (III)  ANY LEAK, OTHER THAN TYPE 1, WHICH, UNDER FROST OR OTHER CONDI-
TIONS, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE SCENE SHOULD BE
CLASSIFIED AS A TYPE 2A.
  (C) TYPE 2 CLASSIFICATION. (1) A TYPE 2 LEAK DOES NOT PRESENT AN IMME-
DIATE HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A NATURE
REQUIRING SCHEDULED REPAIR. IN THE EVENT OF A TYPE 2 LEAK CLASSIFICATION
THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL BE REPAIRED WITHIN A PERIOD NOT TO EXCEED ONE YEAR,
EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE (V)  OF  SUBPARAGRAPH  TWO  OF
THIS PARAGRAPH SHALL BE REPAIRED WITHIN SIX MONTHS; AND
  (II)  THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A FREQUENCY
NOT TO EXCEED TWO MONTHS, EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE  (V)
OF  SUBPARAGRAPH  TWO  OF  THIS  PARAGRAPH SHALL BE SURVEILLED EVERY TWO
WEEKS.
  (2) TYPE 2 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) ANY READING LESS THAN TEN PERCENT GAS-IN-AIR BETWEEN THE  BUILDING
AND  THE CURBLINE IN ANY AREA CONTINUOUSLY PAVED WHICH IS MORE THAN FIVE
FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS)  OF  THE  BUILDING
AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD; OR
  (II)  ANY  READING  LESS THAN TWENTY PERCENT GAS-IN-AIR IN ANY UNPAVED
AREA WHICH IS MORE THAN FIVE FEET (1.5 METERS) BUT  WITHIN  TWENTY  FEET
(6.1  METERS)  OF  A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR
  (III) ANY READING OF  THIRTY  PERCENT  OR  GREATER  GAS-IN-AIR  IN  AN
UNPAVED  AREA  WHICH  IS  MORE  THAN TWENTY FEET (6.1 METERS) BUT WITHIN

A. 5083--C                          3

FIFTY FEET (15.2 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR SHOUL-
DER OF THE ROAD; OR
  (IV)  ANY  READING  OF THIRTY PERCENT OR GREATER GAS-IN-AIR IN A PAVED
AREA WHICH IS MORE THAN THIRTY FEET (9.1 METERS) BUT WITHIN  FIFTY  FEET
(15.2  METERS)  OF A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR
  (V) ANY READING ABOVE ONE PERCENT BUT BELOW FOUR  PERCENT  GAS-IN-AIR,
WITHIN MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH
THE  STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS IS PHYSICALLY POSSI-
BLE).
  (D) TYPE 3 CLASSIFICATION. A TYPE 3 LEAK IS NOT IMMEDIATELY  HAZARDOUS
AT  THE  TIME OF DETECTION AND CAN BE REASONABLY EXPECTED TO REMAIN THAT
WAY.
  (1) A TYPE 3 LEAK IS ANY LEAK NOT CLASSIFIED AS TYPE 1, 2A OR 2.
  (2) TYPE 3 LEAKS SHALL BE REEVALUATED DURING THE NEXT REQUIRED LEAKAGE
SURVEY OR ANNUALLY, WHICHEVER IS LESS.
  3. BEGINNING MARCH FIRST, TWO THOUSAND SIXTEEN, EACH  GAS  CORPORATION
SHALL  REPORT  ANNUALLY  TO  THE DEPARTMENT THE LOCATION OF EACH TYPE 1,
TYPE 2A, TYPE 2 AND TYPE 3 LEAK EXISTING AS OF THAT DATE  CLASSIFIED  BY
THE  CORPORATION,  THE DATE EACH TYPE 1, TYPE 2A, TYPE 2 AND TYPE 3 LEAK
WAS CLASSIFIED AND THE DATE OF REPAIR PERFORMED ON EACH TYPE 1, TYPE 2A,
TYPE 2 AND TYPE 3 LEAK AS PART OF ITS REQUIRED GAS SURVEILLANCE  PROGRAM
AS  REQUIRED  UNDER ITS APPROVED OPERATIONS AND MAINTENANCE PROGRAMS.  A
GAS CORPORATION SHALL SPECIFY ANY RECLASSIFICATION OF PREVIOUSLY IDENTI-
FIED LEAKS IN ITS REPORT. SUCH GAS LEAK INFORMATION SHALL BE MADE AVAIL-
ABLE TO ANY MUNICIPAL OR STATE OFFICIAL WITH RESPONSIBILITY  FOR  PUBLIC
SAFETY AND ANY MEMBER OF THE LEGISLATURE UPON REQUEST TO THE DEPARTMENT.
  4.    UPON THE UNDERTAKING OF A SIGNIFICANT PROJECT EXPOSING CONFIRMED
NATURAL GAS INFRASTRUCTURE, AND WITH SUFFICIENT NOTICE,  A  MUNICIPALITY
OR  THE  STATE  SHALL SUBMIT NOTIFICATION OF THE PROJECT TO THE RELEVANT
GAS CORPORATION. THE GAS CORPORATION SHALL SURVEY THE PROJECT  AREA  FOR
THE  PRESENCE  OF  TYPE  1,  TYPE 2A, OR TYPE 2 LEAKS AND SET REPAIR AND
REPLACEMENT SCHEDULES FOR ALL KNOWN OR NEWLY DETECTED TYPE 1,  TYPE  2A,
OR  TYPE  2  LEAKS.  THE  GAS CORPORATION SHALL ENSURE THAT ANY SHUT OFF
VALVE IN THE SIGNIFICANT PROJECT AREA HAS A GATE BOX INSTALLED  UPON  IT
OR A REASONABLE ALTERNATIVE THAT WOULD OTHERWISE ENSURE CONTINUED PUBLIC
SAFETY AND THAT ANY CRITICAL VALVE THAT HAS NOT BEEN INSPECTED AND TEST-
ED  WITHIN  THE  PAST  TWELVE  MONTHS  IS VERIFIED TO BE OPERATIONAL AND
ACCESSIBLE. THE GAS CORPORATION SHALL PROVIDE THE REPAIR AND REPLACEMENT
SCHEDULE OF GAS LEAKS TO THE MUNICIPALITY OR THE STATE.
  5. THE COMMISSION SHALL COMMENCE A PROCEEDING TO  INVESTIGATE  WHETHER
NEW YORK STATE SHOULD REQUIRE THE WINTER SURVEILLANCE AND PATROL OF CAST
IRON  OR DUCTILE IRON PIPELINES IN THE STATE AND SHALL DETERMINE WHETHER
THE PRESENCE OF EXTENDED FROST CAP CONDITIONS MAY RESULT  IN  ADDITIONAL
STRESS  ON  CAST  IRON OR DUCTILE IRON PIPE SEGMENTS, REQUIRING ENHANCED
SURVEILLANCE AND PATROL. THE COMMISSION IS AUTHORIZED TO ESTABLISH MINI-
MUM UNIFORM PROCEDURES FOR CAST IRON AND DUCTILE IRON  SURVEILLANCE  AND
PATROLS.  GAS  CORPORATIONS  ARE AUTHORIZED TO ESTABLISH PROCEDURES THAT
EXCEED ANY MINIMUM STANDARDS AT THEIR DISCRETION.
  6. THE DEPARTMENT, UPON THE REQUEST OF A MUNICIPAL OR  STATE  OFFICIAL
WITH  RESPONSIBILITY  FOR PUBLIC SAFETY, MAY REQUIRE A REEVALUATION OF A
TYPE 3 LEAK PRIOR TO THE NEXT SCHEDULED SURVEY, OR  SOONER  THAN  TWELVE
MONTHS  OF  THE  DATE  LAST  EVALUATED, IF THE OFFICIAL HAS A REASONABLE
BELIEF THAT THE TYPE 3 LEAK POSES A THREAT TO PUBLIC SAFETY.
  7. THE COMMISSION SHALL PROMULGATE REGULATIONS NECESSARY TO  IMPLEMENT
THE  UNIFORM  NATURAL  GAS  LEAK  CLASSIFICATIONS  AS  SPECIFIED IN THIS

A. 5083--C                          4

SECTION AND SHALL OVERSEE AND MONITOR EACH  GAS  CORPORATION'S  RESPONSE
AND REPORTING.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2015-A5083D (ACTIVE) - Details

See Senate Version of this Bill:: S5206
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9772, S7430
2017-2018: A467, S4264

2015-A5083D (ACTIVE) - Summary

Relates to reporting requirements for various classifications of gas leaks by utility corporations.

2015-A5083D (ACTIVE) - Bill Text download pdf

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

                                 5083--D

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section  1.  The public service law is amended by adding a new section
67-b to read as follows:
  S 67-B. NATURAL GAS LEAK  CLASSIFICATIONS.  1.  THE  DEPARTMENT  SHALL
ESTABLISH  A UNIFORM NATURAL GAS LEAK CLASSIFICATION SYSTEM AS SET FORTH
IN THIS SECTION.
  2. ALL LEAKS SHALL BE ASSESSED A CLASS BASED ON THE FOLLOWING SYSTEM:
  (A) TYPE 1 CLASSIFICATION. (1) A TYPE 1 LEAK IS ONE WHICH, DUE TO  ITS
LOCATION  AND/OR RELATIVE MAGNITUDE, CONSTITUTES A POTENTIALLY HAZARDOUS
CONDITION TO THE PUBLIC OR BUILDINGS. IN THE EVENT  OF  A  TYPE  1  LEAK
CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  REQUIRE AN IMMEDIATE EFFORT TO PROTECT LIFE AND
PROPERTY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04871-10-6

A. 5083--D                          2

  (II) CONTINUOUS ACTION SHALL BE THEREAFTER TAKEN UNTIL  THE  CONDITION
IS NO LONGER HAZARDOUS; AND
  (III)  COMPLETION  OF REPAIRS SHALL BE SCHEDULED ON A REGULAR DAY-AFT-
ER-DAY BASIS, OR THE CONDITION KEPT UNDER DAILY SURVEILLANCE  UNTIL  THE
SOURCE OF THE LEAK HAS BEEN CORRECTED.
  (2) TYPE 1 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) DAMAGE BY CONTRACTORS OR OUTSIDE SOURCES RESULTING IN LEAKAGE;
  (II)  ANY  INDICATION  ON A COMBUSTIBLE GAS INDICATOR (CGI) OF NATURAL
GAS ENTERING BUILDINGS OR TUNNELS;
  (III) ANY READING ON A CGI WITHIN FIVE FEET (1.5 METERS) OF A BUILDING
WALL;
  (IV) ANY READING OF FOUR PERCENT OR GREATER GAS-IN-AIR ON A CGI WITHIN
MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE  CONDUCTED  WITH  THE
STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS PHYSICALLY POSSIBLE); OR
  (V)  ANY LEAK WHICH, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE
SCENE, IS REGARDED AS POTENTIALLY HAZARDOUS.
  (B) TYPE 2A CLASSIFICATION. (1) A TYPE 2A LEAK  DOES  NOT  PRESENT  AN
IMMEDIATELY  HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A
NATURE THAT REQUIRES FREQUENT SURVEILLANCE AND SCHEDULED REPAIR. IN  THE
EVENT OF A TYPE 2A LEAK CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  BE  REPAIRED  WITHIN A PERIOD NOT TO EXCEED SIX
MONTHS; AND
  (II) THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A  FREQUENCY
NOT TO EXCEED TWO WEEKS UNTIL REPAIRED.
  (2) TYPE 2A LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I)  ANY  READING  OF  TEN  PERCENT  OR GREATER GAS-IN-AIR IN ANY AREA
CONTINUOUSLY PAVED FROM THE CURBLINE TO THE BUILDING WALL, WHICH IS MORE
THAN FIVE FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS)  OF  THE
BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD;
  (II)  ANY  READING,  IN  AN UNPAVED AREA, OF TWENTY PERCENT OR GREATER
GAS-IN-AIR WHICH IS MORE THAN FIVE FEET (1.5 METERS) BUT  WITHIN  TWENTY
FEET (6.1 METERS) OF THE BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF
THE ROAD; OR
  (III)  ANY LEAK, OTHER THAN TYPE 1, WHICH, UNDER FROST OR OTHER CONDI-
TIONS, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE SCENE SHOULD BE
CLASSIFIED AS A TYPE 2A.
  (C) TYPE 2 CLASSIFICATION. (1) A TYPE 2 LEAK DOES NOT PRESENT AN IMME-
DIATE HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A NATURE
REQUIRING SCHEDULED REPAIR. IN THE EVENT OF A TYPE 2 LEAK CLASSIFICATION
THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL BE REPAIRED WITHIN A PERIOD NOT TO EXCEED ONE YEAR,
EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE (V)  OF  SUBPARAGRAPH  TWO  OF
THIS PARAGRAPH SHALL BE REPAIRED WITHIN SIX MONTHS; AND
  (II)  THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A FREQUENCY
NOT TO EXCEED TWO MONTHS, EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE  (V)
OF  SUBPARAGRAPH  TWO  OF  THIS  PARAGRAPH SHALL BE SURVEILLED EVERY TWO
WEEKS.
  (2) TYPE 2 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) ANY READING LESS THAN TEN PERCENT GAS-IN-AIR BETWEEN THE  BUILDING
AND  THE CURBLINE IN ANY AREA CONTINUOUSLY PAVED WHICH IS MORE THAN FIVE
FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS)  OF  THE  BUILDING
AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD; OR
  (II)  ANY  READING  LESS THAN TWENTY PERCENT GAS-IN-AIR IN ANY UNPAVED
AREA WHICH IS MORE THAN FIVE FEET (1.5 METERS) BUT  WITHIN  TWENTY  FEET
(6.1  METERS)  OF  A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR

A. 5083--D                          3

  (III) ANY READING OF  THIRTY  PERCENT  OR  GREATER  GAS-IN-AIR  IN  AN
UNPAVED  AREA  WHICH  IS  MORE  THAN TWENTY FEET (6.1 METERS) BUT WITHIN
FIFTY FEET (15.2 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR SHOUL-
DER OF THE ROAD; OR
  (IV)  ANY  READING  OF THIRTY PERCENT OR GREATER GAS-IN-AIR IN A PAVED
AREA WHICH IS MORE THAN THIRTY FEET (9.1 METERS) BUT WITHIN  FIFTY  FEET
(15.2  METERS)  OF A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR
  (V) ANY READING ABOVE ONE PERCENT BUT BELOW FOUR  PERCENT  GAS-IN-AIR,
WITHIN MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH
THE  STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS IS PHYSICALLY POSSI-
BLE).
  (D) TYPE 3 CLASSIFICATION. A TYPE 3 LEAK IS NOT IMMEDIATELY  HAZARDOUS
AT  THE  TIME OF DETECTION AND CAN BE REASONABLY EXPECTED TO REMAIN THAT
WAY.
  (1) A TYPE 3 LEAK IS ANY LEAK NOT CLASSIFIED AS TYPE 1, 2A OR 2.
  (2) TYPE 3 LEAKS SHALL BE REEVALUATED DURING THE NEXT REQUIRED LEAKAGE
SURVEY OR ANNUALLY, WHICHEVER IS LESS.
  3. BEGINNING MARCH FIRST, TWO THOUSAND SEVENTEEN, EACH GAS CORPORATION
SHALL REPORT ANNUALLY TO THE DEPARTMENT THE LOCATION  OF  EACH  TYPE  1,
TYPE  2A,  TYPE 2 AND TYPE 3 LEAK EXISTING AS OF THAT DATE CLASSIFIED BY
THE CORPORATION, THE DATE EACH TYPE 1, TYPE 2A, TYPE 2 AND TYPE  3  LEAK
WAS CLASSIFIED AND THE DATE OF REPAIR PERFORMED ON EACH TYPE 1, TYPE 2A,
TYPE  2 AND TYPE 3 LEAK AS PART OF ITS REQUIRED GAS SURVEILLANCE PROGRAM
AS REQUIRED UNDER ITS APPROVED OPERATIONS AND MAINTENANCE PROGRAMS.    A
GAS CORPORATION SHALL SPECIFY ANY RECLASSIFICATION OF PREVIOUSLY IDENTI-
FIED LEAKS IN ITS REPORT. SUCH GAS LEAK INFORMATION SHALL BE MADE AVAIL-
ABLE  TO  ANY MUNICIPAL OR STATE OFFICIAL WITH RESPONSIBILITY FOR PUBLIC
SAFETY AND ANY MEMBER OF THE LEGISLATURE UPON REQUEST TO THE DEPARTMENT.
  4.  UPON THE UNDERTAKING OF A SIGNIFICANT PROJECT  EXPOSING  CONFIRMED
NATURAL  GAS  INFRASTRUCTURE, AND WITH SUFFICIENT NOTICE, A MUNICIPALITY
OR THE STATE SHALL SUBMIT NOTIFICATION OF THE PROJECT  TO  THE  RELEVANT
GAS  CORPORATION.  THE GAS CORPORATION SHALL SURVEY THE PROJECT AREA FOR
THE PRESENCE OF TYPE 1, TYPE 2A, OR TYPE 2  LEAKS  AND  SET  REPAIR  AND
REPLACEMENT  SCHEDULES  FOR ALL KNOWN OR NEWLY DETECTED TYPE 1, TYPE 2A,
OR TYPE 2 LEAKS. THE GAS CORPORATION SHALL  ENSURE  THAT  ANY  SHUT  OFF
VALVE  IN  THE SIGNIFICANT PROJECT AREA HAS A GATE BOX INSTALLED UPON IT
OR A REASONABLE ALTERNATIVE THAT WOULD OTHERWISE ENSURE CONTINUED PUBLIC
SAFETY AND THAT ANY CRITICAL VALVE THAT HAS NOT BEEN INSPECTED AND TEST-
ED WITHIN THE PAST TWELVE MONTHS  IS  VERIFIED  TO  BE  OPERATIONAL  AND
ACCESSIBLE. THE GAS CORPORATION SHALL PROVIDE THE REPAIR AND REPLACEMENT
SCHEDULE OF GAS LEAKS TO THE MUNICIPALITY OR THE STATE.
  5.  THE  COMMISSION SHALL COMMENCE A PROCEEDING TO INVESTIGATE WHETHER
NEW YORK STATE SHOULD REQUIRE THE WINTER SURVEILLANCE AND PATROL OF CAST
IRON OR DUCTILE IRON PIPELINES IN THE STATE AND SHALL DETERMINE  WHETHER
THE  PRESENCE  OF EXTENDED FROST CAP CONDITIONS MAY RESULT IN ADDITIONAL
STRESS ON CAST IRON OR DUCTILE IRON PIPE  SEGMENTS,  REQUIRING  ENHANCED
SURVEILLANCE AND PATROL. THE COMMISSION IS AUTHORIZED TO ESTABLISH MINI-
MUM  UNIFORM  PROCEDURES FOR CAST IRON AND DUCTILE IRON SURVEILLANCE AND
PATROLS. GAS CORPORATIONS ARE AUTHORIZED TO  ESTABLISH  PROCEDURES  THAT
EXCEED ANY MINIMUM STANDARDS AT THEIR DISCRETION.
  6.  THE  DEPARTMENT, UPON THE REQUEST OF A MUNICIPAL OR STATE OFFICIAL
WITH RESPONSIBILITY FOR PUBLIC SAFETY, MAY REQUIRE A REEVALUATION  OF  A
TYPE  3  LEAK  PRIOR TO THE NEXT SCHEDULED SURVEY, OR SOONER THAN TWELVE
MONTHS OF THE DATE LAST EVALUATED, IF  THE  OFFICIAL  HAS  A  REASONABLE
BELIEF THAT THE TYPE 3 LEAK POSES A THREAT TO PUBLIC SAFETY.

A. 5083--D                          4

  7.  THE COMMISSION SHALL PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT
THE UNIFORM NATURAL  GAS  LEAK  CLASSIFICATIONS  AS  SPECIFIED  IN  THIS
SECTION  AND  SHALL  OVERSEE AND MONITOR EACH GAS CORPORATION'S RESPONSE
AND REPORTING.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Donna Lupardo

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