Bill Text: NY S03586 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to requiring liquid petroleum pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high-risk of leaking.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03586 Detail]

Download: New_York-2015-S03586-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3586
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 12, 2015
                                      ___________
       Introduced  by Sens. ESPAILLAT, DILAN, HOYLMAN, PERKINS, SAMPSON -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Energy and Telecommunications
       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:
    1    Section  1.  The public service law is amended by adding a new section
    2  63-gg to read as follows:
    3    S 63-GG. PIPELINE MODERNIZATION AND CONSUMER  PROTECTION.  1.    DEFI-
    4  NITION.  AS  USED  IN  THIS  SECTION,  THE FOLLOWING TERM SHALL HAVE THE
    5  FOLLOWING MEANING:
    6    "GAS PIPELINE FACILITY" MEANS (A) A DISTRIBUTION FACILITY, AND  (B)  A
    7  GAS UTILITY.
    8    2.  EACH  OPERATOR  OF  A  GAS  PIPELINE FACILITY SHALL ACCELERATE THE
    9  REPAIR, REHABILITATION, AND REPLACEMENT OF GAS PIPING OR EQUIPMENT  THAT
   10  IS:
   11    (A) LEAKING; OR
   12    (B)  MAY  POSE  HIGH  RISKS  OF  LEAKING,  OR MAY NO LONGER BE FIT FOR
   13  SERVICE, BECAUSE OF: (I)  INFERIOR  MATERIALS,  (II)  POOR  CONSTRUCTION
   14  PRACTICES, (III) LACK OF MAINTENANCE, OR (IV) AGE.
   15    3.  IN  COMPLYING WITH SUBDIVISION TWO OF THIS SECTION, THE COMMISSION
   16  SHALL: (A) DEVELOP PRIORITIZED TIMELINES TO REPAIR ALL  LEAKS  BASED  ON
   17  THE  SEVERITY  OF  THE  LEAK,  INCLUDING NON-HAZARDOUS LEAKS, OR REPLACE
   18  IDENTIFIED LEAKING OR HIGH-RISK PIPING  OR  EQUIPMENT,  INCLUDING  LEAKS
   19  IDENTIFIED  AS PART OF AN INTEGRITY MANAGEMENT PLAN DEVELOPED UNDER THIS
   20  SECTION IF APPLICABLE;
   21    (B) ADOPT A COST-RECOVERY PROGRAM THAT INCLUDES (I) REPLACEMENT  PLANS
   22  WITH  TARGETS  AND  BENCHMARKS  FOR  LEAKING OR HIGH-RISK INFRASTRUCTURE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00796-01-5
       S. 3586                             2
    1  REPLACEMENT, (II) CONSIDERATION OF THE ECONOMIC,  SAFETY,  AND  ENVIRON-
    2  MENTAL  BENEFITS  OF  REDUCED  GAS  LEAKAGE,  INCLUDING CONSIDERATION OF
    3  REDUCED OPERATION AND MAINTENANCE COSTS AND REDUCED  COSTS  ATTRIBUTABLE
    4  TO  LOST  OR  UNACCOUNTED-FOR  NATURAL  GAS,  AND (III) REPORTING ON THE
    5  REDUCTIONS IN LOST OR  UNACCOUNTED-FOR  GAS  AS  A  RESULT  OF  PIPELINE
    6  REPLACEMENTS;
    7    (C)  ADOPT  A  STANDARD DEFINITION AND METHODOLOGY FOR CALCULATING AND
    8  REPORTING UNACCOUNTED-FOR GAS TO IMPROVE DATA QUALITY;
    9    (D) ADOPT LIMITS ON COST RECOVERY FOR  THE  LOST  AND  UNACCOUNTED-FOR
   10  GAS; AND
   11    (E) REQUIRE USE OF BEST AVAILABLE TECHNOLOGY TO DETECT GAS LEAKS.
   12    4.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
   13  THE NEW YORK STATE ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  SHALL,
   14  AFTER  NOTICE  AND  OPPORTUNITY TO COMMENT, ISSUE NON-BINDING GUIDELINES
   15  IDENTIFYING BEST PRACTICES FOR  IDENTIFYING  AND  CLASSIFYING  HIGH-RISK
   16  PIPELINE INFRASTRUCTURE AND LEAKS FOR REPAIR OR REPLACEMENT.
   17    5.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, NO
   18  LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  SECTION,  THE  NEW
   19  YORK  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE COMMISSION
   20  SHALL WORK JOINTLY TO ESTABLISH AND PUBLISH FORMS THAT ADOPT A  STANDARD
   21  DEFINITION AND METHODOLOGY FOR CALCULATING AND REPORTING UNACCOUNTED-FOR
   22  GAS,  INCLUDING,  WHEN POSSIBLE, INFORMATION ON THE CAUSES OF UNACCOUNT-
   23  ED-FOR GAS AND THE QUANTITIES ASSOCIATED WITH EACH  CAUSE,  FOR  USE  BY
   24  APPLICABLE  STATE  AGENCIES  TO  STANDARDIZE THE DATA COLLECTED ON UNAC-
   25  COUNTED-FOR GAS.
   26    6. OPERATORS OF GAS PIPELINE FACILITIES IN CITIES WITH A POPULATION OF
   27  ONE MILLION OR MORE SHALL ESTABLISH A DATABASE OF  PIPELINE  INFRASTRUC-
   28  TURE  THAT  INCLUDES  ITS  AGE  AND STATE OF REPAIR AND SHALL SHARE THIS
   29  INFORMATION WITH  THE  COORDINATED  BUILDING  INSPECTION  DATA  ANALYSIS
   30  SYSTEM.
   31    S 2. This act shall take effect immediately.