S T A T E O F N E W Y O R K
________________________________________________________________________
2186
2017-2018 Regular Sessions
I N S E N A T E
January 12, 2017
___________
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
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. AS USED
IN THIS SECTION, "GAS PIPELINE FACILITY" MEANS (A) A DISTRIBUTION FACIL-
ITY, 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-
MENTAL BENEFITS OF REDUCED GAS LEAKAGE, INCLUDING CONSIDERATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07259-01-7
S. 2186 2
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.