Bill Text: TX SB901 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to safety standards and practices applicable to the transportation by pipeline of certain substances.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB901 Detail]
Download: Texas-2013-SB901-Enrolled.html
S.B. No. 901 |
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relating to safety standards and practices applicable to the | ||
transportation by pipeline of certain substances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subdivision (1), Section 91.251, Natural | ||
Resources Code, is amended to read as follows: | ||
(1) "Intrastate gas pipeline facility" has the meaning | ||
assigned by the United States Department of Transportation under | ||
[ |
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60101 et seq.[ |
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law. | ||
SECTION 2. Subsection (b), Section 91.252, Natural | ||
Resources Code, is amended to read as follows: | ||
(b) This subchapter does not apply to a storage facility | ||
that is: | ||
(1) part of an interstate gas pipeline facility as | ||
defined by the United States Department of Transportation; and | ||
(2) subject to federal minimum standards adopted under | ||
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60101 et seq.[ |
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law. | ||
SECTION 3. Subdivision (2), Section 117.001, Natural | ||
Resources Code, is amended to read as follows: | ||
(2) "Hazardous liquid" means: | ||
(A) petroleum or any petroleum product; [ |
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(B) nonpetroleum fuel, including biofuel, that | ||
is flammable, toxic, or corrosive or would be harmful to the | ||
environment if released in significant quantities; and | ||
(C) a [ |
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liquefied natural gas, [ |
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transportation to pose an unreasonable risk to life or property | ||
when transported by a hazardous liquid pipeline facility in a | ||
liquid state [ |
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SECTION 4. Subsection (a), Section 117.011, Natural | ||
Resources Code, is amended to read as follows: | ||
(a) The commission has jurisdiction over all pipeline | ||
transportation of hazardous liquids or carbon dioxide and over all | ||
hazardous liquid or carbon dioxide pipeline facilities as provided | ||
by 49 U.S.C. Section 60101 et seq. and its subsequent amendments or | ||
a succeeding law. | ||
SECTION 5. Subsection (c), Section 117.012, Natural | ||
Resources Code, is amended to read as follows: | ||
(c) The safety standards adopted by the commission in its | ||
rules must be compatible with those standards established by the | ||
United States secretary of transportation under 49 U.S.C. Section | ||
60101 et seq. and its subsequent amendments or a succeeding law [ |
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SECTION 6. Subsection (a), Section 117.013, Natural | ||
Resources Code, is amended to read as follows: | ||
(a) Each owner or operator of a pipeline engaged in the | ||
transportation of hazardous liquids or carbon dioxide within this | ||
state shall maintain records, make reports, and provide any | ||
information the commission may require under the jurisdiction | ||
granted by [ |
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seq. and its subsequent amendments or a succeeding law. | ||
SECTION 7. Section 117.015, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 117.015. COMPLIANCE WITH FEDERAL LAW. The commission | ||
shall make reports and certifications to the United States | ||
Department of Transportation and shall take any other actions | ||
necessary to comply with 49 U.S.C. Section 60101 et seq. and its | ||
subsequent amendments or a succeeding law [ |
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SECTION 8. Subdivision (3), Section 211.001, Natural | ||
Resources Code, is amended to read as follows: | ||
(3) "Salt dome storage of hazardous liquids" means the | ||
storage of a hazardous liquid in any salt formation or bedded salt | ||
formation storage facility, but does not include a facility that | ||
has been defined by the federal Department of Transportation as | ||
part of an interstate pipeline facility and that is subject to | ||
federal minimum standards adopted under 49 U.S.C. Section 60101 et | ||
seq. and its subsequent amendments or a succeeding law [ |
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SECTION 9. Subsection (c), Section 211.002, Natural | ||
Resources Code, is amended to read as follows: | ||
(c) "Safety standards or practices" means any regulation of | ||
an activity or facility covered by this chapter or that is | ||
incompatible with the safety standards or practices enacted or | ||
adopted by federal or state government pursuant to 49 U.S.C. | ||
Section 60101 et seq. and its subsequent amendments or a succeeding | ||
law [ |
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SECTION 10. Subsection (a), Section 211.012, Natural | ||
Resources Code, is amended to read as follows: | ||
(a) The commission by rule shall adopt safety standards and | ||
practices for the salt dome storage of hazardous liquids and the | ||
facilities used for that purpose. Safety standards and practices | ||
adopted by the commission for a storage facility that is part of an | ||
intrastate pipeline facility, as defined by the federal Department | ||
of Transportation under 49 U.S.C. Section 60101 et seq. and its | ||
subsequent amendments or a succeeding law [ |
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be compatible with federal minimum standards. The rules shall | ||
require: | ||
(1) the installation and periodic testing of safety | ||
devices at a salt dome storage facility; | ||
(2) the establishment of emergency notification | ||
procedures for the operator of a facility in the event of a release | ||
of a hazardous substance that poses a substantial risk to the | ||
public; | ||
(3) fire prevention and response procedures; | ||
(4) employee and third-party contractor safety | ||
training with respect to the operation of the facility; and | ||
(5) other requirements that the commission finds | ||
necessary and reasonable for the safe construction, operation, and | ||
maintenance of salt dome storage facilities. | ||
SECTION 11. Subsections (a), (b), and (c), Section 121.201, | ||
Utilities Code, are amended to read as follows: | ||
(a) The railroad commission may: | ||
(1) by rule prescribe or adopt safety standards for | ||
the transportation of gas and for gas pipeline facilities, | ||
including safety standards related to the prevention of damage to | ||
such a facility resulting from the movement of earth by a person in | ||
the vicinity of the facility, other than movement by tillage that | ||
does not exceed a depth of 16 inches; | ||
(2) by rule require an operator that does not file | ||
operator organization information under Section 91.142, Natural | ||
Resources Code, to provide the information to the commission in the | ||
form of an application; | ||
(3) by rule require record maintenance and reports; | ||
(4) inspect records and facilities to determine | ||
compliance with safety standards prescribed or adopted under | ||
Subdivision (1); | ||
(5) make certifications and reports from time to time; | ||
(6) seek designation by the United States secretary of | ||
transportation as an agent to conduct safety inspections of | ||
interstate gas pipeline facilities located in this state; and | ||
(7) by rule take any other requisite action in | ||
accordance with 49 U.S.C. Section 60101 et seq. and its subsequent | ||
amendments[ |
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(b) The power granted by Subsection (a): | ||
(1) does not apply to the transportation of gas or to | ||
gas facilities subject to the exclusive control of the United | ||
States but applies to the transportation of gas and gas pipeline | ||
facilities in this state to the maximum degree permissible under 49 | ||
U.S.C. Section 60101 et seq. and its subsequent amendments[ |
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succeeding law; and | ||
(2) is granted to provide exclusive state control over | ||
safety standards and practices applicable to the transportation of | ||
gas and gas pipeline facilities within the borders of this state to | ||
the maximum degree permissible under that law. | ||
(c) A term that is used in this section and defined by | ||
[ |
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60101 et seq. and its subsequent amendments[ |
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has the meaning assigned by that [ |
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SECTION 12. Section 121.452, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 121.452. APPLICABILITY. This subchapter does not | ||
apply to: | ||
(1) an extension of an existing sour gas pipeline | ||
facility that is in compliance with the railroad commission's rules | ||
for oil, gas, or geothermal resource operation in a hydrogen | ||
sulfide area if: | ||
(A) the extension is not longer than five miles; | ||
(B) the nominal pipe size is not larger than six | ||
inches in diameter; and | ||
(C) the railroad commission is given notice of | ||
the construction of the extension not later than 24 hours before the | ||
start of construction; | ||
(2) a new or an extension of a low-pressure gathering | ||
system; or | ||
(3) an interstate gas pipeline facility, as defined by | ||
49 U.S.C. Section 60101 and its subsequent amendments or a | ||
succeeding law, that is used for the transportation of sour gas. | ||
SECTION 13. Subsection (c), Section 26.344, Water Code, is | ||
amended to read as follows: | ||
(c) An interstate pipeline facility, including gathering | ||
lines, or an aboveground storage tank connected to such a facility | ||
is exempt from regulation under this subchapter if the pipeline | ||
facility is regulated under 49 U.S.C. Section 60101 et seq. and its | ||
subsequent amendments or a succeeding law[ |
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SECTION 14. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 901 passed the Senate on | ||
March 21, 2013, by the following vote: Yeas 31, Nays 0; | ||
May 8, 2013, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 10, 2013, House | ||
granted request of the Senate; May 26, 2013, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 901 passed the House, with | ||
amendments, on May 2, 2013, by the following vote: Yeas 147, | ||
Nays 0, two present not voting; May 10, 2013, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 25, 2013, House adopted Conference Committee Report by the | ||
following vote: Yeas 142, Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |