Bill Text: TX SB1462 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the power of the Railroad Commission of Texas to adopt and enforce safety standards and practices applicable to the transportation by pipeline of certain substances and to certain pipeline facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-07 - Left pending in committee [SB1462 Detail]
Download: Texas-2013-SB1462-Introduced.html
83R6216 JXC-F | ||
By: Duncan | S.B. No. 1462 |
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relating to the power of the Railroad Commission of Texas to adopt | ||
and enforce safety standards and practices applicable to the | ||
transportation by pipeline of certain substances and to certain | ||
pipeline facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 117.011, Natural | ||
Resources Code, is amended to read as follows: | ||
Sec. 117.011. JURISDICTION UNDER DELEGATED FEDERAL | ||
AUTHORITY. | ||
SECTION 2. Subchapter B, Chapter 117, Natural Resources | ||
Code, is amended by adding Section 117.0111 to read as follows: | ||
Sec. 117.0111. ADDITIONAL JURISDICTION. (a) For the | ||
purposes of this section, notwithstanding Section 117.001(3), | ||
"transportation of hazardous liquids or carbon dioxide" means the | ||
movement of hazardous liquids or carbon dioxide by pipeline, or | ||
their storage incidental to movement, except that it does not | ||
include production, refining, or manufacturing facilities or | ||
storage or in-plant piping systems associated with any of those | ||
facilities. | ||
(b) Except as otherwise provided by federal law, the | ||
commission has jurisdiction over all pipeline transportation of | ||
hazardous liquids or carbon dioxide and over all hazardous liquid | ||
or carbon dioxide pipeline facilities, including the movement of | ||
hazardous liquids or carbon dioxide through gathering lines in | ||
rural locations or production, refining, or manufacturing | ||
facilities or storage or in-plant piping systems associated with | ||
any of those facilities. | ||
SECTION 3. Sections 117.012(b) and (c), Natural Resources | ||
Code, are amended to read as follows: | ||
(b) Rules the commission adopts under the jurisdiction | ||
granted under Section 117.011 on [ |
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not apply to movement of hazardous liquids or carbon dioxide | ||
through gathering lines in rural locations or production, refining, | ||
or manufacturing facilities or storage or in-plant piping systems | ||
associated with any of those facilities. | ||
(c) The safety standards adopted by the commission in its | ||
rules under the jurisdiction granted under Section 117.011 must be | ||
compatible with those standards established by the United States | ||
secretary of transportation under the Hazardous Liquid Pipeline | ||
Safety Act of 1979 (Pub.L.No. 96-129). | ||
SECTION 4. Subchapter B, Chapter 117, Natural Resources | ||
Code, is amended by adding Section 117.0125 to read as follows: | ||
Sec. 117.0125. RULES UNDER ADDITIONAL JURISDICTION. The | ||
commission by rule shall establish factors for determining whether | ||
the commission will regulate a pipeline or facility under the | ||
jurisdiction granted under Section 117.0111. The factors must | ||
include: | ||
(1) the date of installation of the pipeline or | ||
facility; | ||
(2) the environment surrounding the pipeline or | ||
facility; | ||
(3) the age of the pipe or facility; | ||
(4) the pipe material, grade, and specified minimum | ||
yield strength; | ||
(5) operating characteristics of the pipeline or | ||
facility; | ||
(6) the composition of the fluid being transported; | ||
and | ||
(7) the distance between the pipeline or a facility | ||
and: | ||
(A) a building; | ||
(B) the border of a municipality, unincorporated | ||
community, or other commercial or residential area; | ||
(C) an outdoor area of public assembly such as a | ||
playground, recreation area, or outdoor theater; and | ||
(D) a bay area, offshore area, navigable | ||
waterway, source of drinking water, or other environmentally or | ||
unusually sensitive area. | ||
SECTION 5. The heading to Section 121.201, Utilities Code, | ||
is amended to read as follows: | ||
Sec. 121.201. SAFETY RULES: RAILROAD COMMISSION POWER UNDER | ||
DELEGATED FEDERAL AUTHORITY. | ||
SECTION 6. Section 121.201, Utilities Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) To the extent consistent with federal law, the railroad | ||
commission by rule may determine which facilities and activities | ||
are subject to safety standards and practices subject to the power | ||
of the railroad commission under Subsection (a) based on risk | ||
factors including: | ||
(1) the date of installation of the pipeline or | ||
facility; | ||
(2) the environment surrounding the pipeline or | ||
facility; | ||
(3) the age of the pipe or facility; | ||
(4) the pipe material, grade, and specified minimum | ||
yield strength; | ||
(5) operating characteristics of the pipeline or | ||
facility; | ||
(6) the composition of the fluid being transported; | ||
and | ||
(7) the distance between the pipeline or a facility | ||
and: | ||
(A) a building; | ||
(B) the border of a municipality, unincorporated | ||
community, or other commercial or residential area; | ||
(C) an outdoor area of public assembly such as a | ||
playground, recreation area, or outdoor theater; and | ||
(D) a bay area, offshore area, navigable | ||
waterway, source of drinking water, or other environmentally or | ||
unusually sensitive area. | ||
SECTION 7. Not later than December 1, 2013, the Railroad | ||
Commission of Texas shall adopt rules to implement the changes in | ||
law made by this Act to Chapter 117, Natural Resources Code, and | ||
Chapter 121, Utilities Code. | ||
SECTION 8. This Act takes effect September 1, 2013. |