NY State Senate Bill 2025-S8042

Senate Bill S8042

2025-2026 Legislative Session

Relates 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

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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to energy and telecommunications

2025-S8042 (ACTIVE) - Details

See Assembly Version of this Bill:: A7625
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §66-x, amd §66-u, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2186
2019-2020: S3210
2021-2022: S5801
2023-2024: S2735

2025-S8042 (ACTIVE) - Summary

Requires gas pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high risk of leaking and increase safety reporting relating to gas pipeline leaks; requires the public service commission to establish a standard definition and methodology for calculating and reporting unaccounted-for gas; requires the commission to provide a gas safety report to the legislature.

2025-S8042 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8042

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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 and increase safety reporting relating to gas pipeline leaks

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill creates a new section of the public service law to expedite
the identification and repair of gas pipelines that are leaking or prone
to leaking, as well as creating a more standardized process for invento-
rying and replacing pipelines that are deemed to be at high-risk for
leaking or other equipment failure.

 
SUMMARY OF PROVISIONS:

  Section  1,  §  66-x  creates  a new section of the public service law
regarding pipeline modernization and consumer protection.

  Section 1, paragraph 2 stipulates what  conditions  will  trigger  the
repair, rehabilitation, or replacement of gas piping or equipment.

  Section  l,paragraph  3  requires  gas  pipeline facility operators to
provide the Public Service Commission (PSC) with an inventory or  piping
or  equipment in their service area which is actively leaking, likely to
leak, or may no longer be fit for service; it also requires  the  opera-
tors  to repair or replace said piping or equipment according to a time-
line established by the PSC.

  Section 1, paragraph 4 requires the PSC to develop standardized  time-
lines  for  repairing leaks or equipment within a gas pipeline operators
service area, including leaks identified as part of an integrity manage-
ment plan; requires the PSC to define the reason for the leak;  requires
the PSC to adopt a cost recovery program to consider the costs and bene-
fits of equipment replacement/repair; requires the PSC to adopt a stand-
ard  definition  and  methodology  for  calculating unaccounted-for gas;
requires the PSC to adopt limits on cost recovery for said gas; requires
the PSC to use the best available technology to detect  gas  leaks;  and
requires  the  PSC to adopt a standard for identifying the environmental
risks caused by gas leaks in the distribution system.

  Section 1, paragraph 5 requires the PSC to publicly notice, allow  for
a  public  comment period, and subsequently issue rules identifying said
best practices described in Section Paragraph 4 within one year.

  Section 1, paragraph 6 requires the PSC to establish and publish forms
using the standard definition of and  methodology  for  calculating  the
unaccounted-for gas, for use by applicable state agencies.

  Section  1,  paragraph  7  stipulates that in cities with a population
over one million, operators of gas pipeline facilities shall establish a
database of pipeline infrastructure including age and state  of  repair,
to be shared with the building inspection data analysis system.


  Section  1,  paragraph  8 allows for the PSC to create rules and regu-
lations deemed necessary to carry out the provisions outlined  above  in
Section 1, Paragraphs 1-7.

  Section 2, § 66-u amends the public service law by adding a new subdi-
vision  4.  Section  2,  subdivision  4.  stipulates  that the PSC shall
provide a gas safety report to the chairperson of the  Senate  Committee
on Energy and Telecommunications and the Assembly Committee on Energy by
no later than July 1 of every calendar year.

  Section 2, subdivision 4, paragraph a-g. Describes what the gas safety
report shall summarize for the committees.

  Section  3.  Provides  that the act shall take effect immediately once
signed into law.

 
JUSTIFICATION:

The existence of leaking and leak-prone pipes is  a  public  health  and
safety  hazard. Leaking gas pipeline infrastructure produces significant
carbon emissions, creating a detrimental impact on the  environment  and
contributes  to  poor  air  quality.  New  York  State has set ambitious
climate goals through the Climate Leadership  and  Community  Protection
Act  (CLCPA), and the repair and replacement of gas pipeline infrastruc-
ture must be prioritized to realize those goals in a timely  and  effec-
tive  manner.  This  infrastructure  will  continue  to  be utilized for
decades in the future, and cannot exist in a state of disrepair.  It  is
imperative to identify and repair leaking and leak-prone pipes to ensure
public safety and to reach an emissions free future.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8042 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8042
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 gas
   pipeline facilities to  accelerate  the  repair,  rehabilitation,  and
   replacement  of  equipment  or pipelines that are leaking or at a high
   risk of leaking and increase safety reporting relating to gas pipeline
   leaks
 
   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-x to read as follows:
   § 66-X. 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 IDENTIFY AND ACCEL-
 ERATE THE REPAIR, REHABILITATION,  AND  REPLACEMENT  OF  GAS  PIPING  OR
 EQUIPMENT THAT IS:
   (A) LEAKING; OR
   (B) CLASSIFIED AS A LEAK PRONE PIPE 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, EACH OPERATOR OF
 A GAS PIPELINE SHALL:
   (A)  PROVIDE  THE  COMMISSION  WITH  AN INVENTORY OF ALL GAS PIPING OR
 EQUIPMENT WITHIN THE OPERATOR'S SERVICE AREA THAT IS  LEAKING,  CONTAINS
 LEAK PRONE PIPE, MAY POSE HIGH RISKS OF LEAKING, OR MAY NO LONGER BE FIT
 FOR SERVICE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06373-03-5
 S. 8042                             2

   (B)  REPAIR  OR REPLACE ANY PORTION OF A LEAKING GAS PIPELINE FACILITY
 TO CEASE SUCH LEAK WITHIN THE TIMEFRAMES ESTABLISHED BY  THE  COMMISSION
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION; AND
   (C)  REPLACE  LEAK PRONE PIPE WITHIN THE TIMEFRAMES ESTABLISHED BY THE
 COMMISSION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   4. THE COMMISSION SHALL:
   (A) DEVELOP PRIORITIZED TIMELINES TO REPAIR ALL  LEAKS  FROM  ALL  GAS
 PIPING  OR EQUIPMENT WITHIN AN OPERATOR'S SERVICE AREA INCLUDING NON-HA-
 ZARDOUS 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) DEFINE ALL LEAK PRONE PIPE THAT 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.   THE COMMISSION SHALL DEFINE ALL CAST AND WROUGHT IRON PIPE WITHIN
 AN OPERATOR'S SERVICE AREA AS LEAK PRONE PIPE;
   (C) 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 REQUIRED BY THIS SECTION;
   (D)  ADOPT  A  STANDARD DEFINITION AND METHODOLOGY FOR CALCULATING AND
 REPORTING UNACCOUNTED-FOR GAS TO IMPROVE DATA QUALITY;
   (E) ADOPT LIMITS ON COST RECOVERY FOR  THE  LOST  AND  UNACCOUNTED-FOR
 GAS;
   (F) REQUIRE USE OF BEST AVAILABLE TECHNOLOGY TO DETECT GAS LEAKS; AND
   (G) ADOPT A STANDARD FOR IDENTIFYING THE ENVIRONMENTAL RISKS CAUSED BY
 GAS LEAKS IN THE GAS PIPELINE DISTRIBUTION SYSTEM.
   5.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSION SHALL, AFTER NOTICE AND  OPPORTUNITY  TO  COMMENT,  ISSUE
 RULES  IDENTIFYING  BEST PRACTICES FOR IDENTIFYING AND CLASSIFYING HIGH-
 RISK PIPELINE INFRASTRUCTURE AND LEAKS FOR  REPAIR  OR  REPLACEMENT  AND
 FURTHER  DEFINING  LEAK  PRONE  PIPE  AS  NECESSARY  TO COMPLY WITH THIS
 SECTION.
   6. 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.
   7. 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.
   8. THE COMMISSION SHALL PRESCRIBE SUCH RULES AND REGULATIONS AS IT MAY
 DEEM NECESSARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION.
   § 2. Section 66-u of the public service law is amended by adding a new
 subdivision 4 to read as follows:
   4.  THE  COMMISSION  SHALL,  NO  LATER  THAN  JULY FIRST OF EACH YEAR,
 PROVIDE A GAS SAFETY REPORT TO THE CHAIRPERSON OF THE  SENATE  COMMITTEE
 S. 8042                             3
 
 ON  ENERGY  AND TELECOMMUNICATIONS AND THE ASSEMBLY COMMITTEE ON ENERGY.
 THE GAS SAFETY REPORT SHALL SUMMARIZE:
   (A)  THE  AMOUNT OF REMAINING PIPELINE REPLACEMENT WORK FOR GAS CORPO-
 RATION;
   (B) THE AMOUNT OF ANNUAL PIPELINE REPLACEMENT WORK THAT THE DEPARTMENT
 HAS AUTHORIZED FOR EACH GAS CORPORATION FOR THE CURRENT YEAR AND  SUBSE-
 QUENT TWO YEARS;
   (C)  THE  EXTENT TO WHICH THE ANNUAL AUTHORIZATIONS DESCRIBED IN PARA-
 GRAPH (B) OF THIS SUBDIVISION HAVE BEEN  REVISED  AS  A  RESULT  OF  ANY
 RULING BY THE COMMISSION SINCE THE TIME OF THE LAST REPORT;
   (D)  THE  AMOUNT  OF  PIPELINE  REPLACEMENT WORK PERFORMED BY EACH GAS
 CORPORATION IN THE PRIOR CALENDAR YEAR;
   (E) THE ADEQUACY OF FIELD PERSONNEL THAT EACH GAS  COMPANY  HAS  ALLO-
 CATED  TOWARD  PIPELINE  REPLACEMENT  WORK, INCLUDING THE QUALITY OF ANY
 TRAINING OR CERTIFICATIONS ASSOCIATED WITH THIS WORK;
   (F) ANY PENALTIES, FINES, OR VIOLATIONS IMPOSED BY THE DEPARTMENT ON A
 GAS CORPORATION FOR FAILING  TO  COMPLETE  THAT  CORPORATION'S  PIPELINE
 REPLACEMENT WORK DURING THE PRIOR CALENDAR YEAR; AND
   (G)  THE EXTENT TO WHICH ANY OF THE FINDINGS IN THE REPORT REQUIRED BY
 THE SUBDIVISION, IN THE REPORT DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION, OR ACTIONS TAKEN BY THE COMMISSION IN SUBDIVISION THREE OF THIS
 SECTION,  MATERIALLY  CHANGE  THE  SCOPE  OR  SCHEDULE FOR REPLACING THE
 REMAINING PIPELINES DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   § 3. This act shall take effect immediately.

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