S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2289
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. REYES, DICKENS, COLTON, GOTTFRIED, ENGLEBRIGHT,
   DeSTEFANO,  McDONOUGH,  PICHARDO,  GLICK,  NIOU,   PERRY,   RODRIGUEZ,
   SEAWRIGHT,  BARRON,  SIMON,  JACOBSON -- read once and referred to the
   Committee on Energy
 
 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-q to read as follows:
   §  66-Q. 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00068-01-1

 A. 2289                             2
 
 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  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.