Assembly Bill A7334B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7334
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2019
                                ___________
 
 Introduced  by M. of A. REYES -- 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.  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
 REDUCED  OPERATION  AND MAINTENANCE COSTS AND REDUCED COSTS ATTRIBUTABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06102-01-9

 A. 7334                             2
 
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7334--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2019
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Energy -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the public service law, in relation to requiring gas
   pipeline facilities to  accelerate  the  repair,  rehabilitation,  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
 66-p to read as follows:
   § 66-P. PIPELINE MODERNIZATION AND CONSUMER PROTECTION. 1.  AS USED IN
 THIS SECTION, "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-
 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.
              

                                                            LBD06102-04-9

 A. 7334--A                          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 COMMISSION 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
 COMMISSION SHALL ESTABLISH AND PUBLISH FORMS THAT ADOPT A STANDARD DEFI-
 NITION  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.