S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2364
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. RODRIGUEZ, ARROYO, BLAKE, BUCHWALD, COLTON, COOK,
   GLICK,  MOSLEY, RA, PERRY, PEOPLES-STOKES, PICHARDO -- Multi-Sponsored
   by -- M.  of A. GOTTFRIED, McDONOUGH -- 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04063-01-9
              

 A. 2364                             2
 
   (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
 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.