Bill Text: NY A00467 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to reporting requirements for various classifications of gas leaks by utility corporations.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Vetoed) 2018-12-07 - tabled [A00467 Detail]

Download: New_York-2017-A00467-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           467
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced by M. of A. PAULIN, ENGLEBRIGHT, ROSENTHAL, BUCHWALD, MOSLEY,
          OTIS,  COOK, GOTTFRIED, LIFTON, STECK, HOOPER, ABINANTI -- Multi-Spon-
          sored by -- M.   of A.  ARROYO,  LUPARDO,  THIELE  --  read  once  and
          referred to the Committee on Corporations, Authorities and Commissions
        AN  ACT  to  amend  the  public service law, in relation to reporting of
          natural gas leaks by gas corporations
          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  67-b to read as follows:
     3    § 67-b. Natural gas leak  classifications.  1.  The  department  shall
     4  establish  a uniform natural gas leak classification system as set forth
     5  in this section.
     6    2. All leaks shall be assessed a class based on the following system:
     7    (a) Type 1 classification. (1) A Type 1 leak is one which, due to  its
     8  location  and/or relative magnitude, constitutes a potentially hazardous
     9  condition to the public or buildings. In the event  of  a  Type  1  leak
    10  classification the following requirements apply:
    11    (i)  the  leak  shall  require an immediate effort to protect life and
    12  property;
    13    (ii) continuous action shall be thereafter taken until  the  condition
    14  is no longer hazardous; and
    15    (iii)  completion  of repairs shall be scheduled on a regular day-aft-
    16  er-day basis, or the condition kept under daily surveillance  until  the
    17  source of the leak has been corrected.
    18    (2) Type 1 leaks include, but are not limited to:
    19    (i) damage by contractors or outside sources resulting in leakage;
    20    (ii)  any  indication  on a combustible gas indicator (CGI) of natural
    21  gas entering buildings or tunnels;
    22    (iii) any reading on a CGI within five feet (1.5 meters) of a building
    23  wall;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01083-01-7
        A. 467                              2
     1    (iv) any reading of four percent or greater gas-in-air on a CGI within
     2  manholes, vaults or catch basins (sampling will be  conducted  with  the
     3  structure in its normal condition as nearly as physically possible); or
     4    (v)  any leak which, in the judgment of the operating personnel at the
     5  scene, is regarded as potentially hazardous.
     6    (b) Type 2A classification. (1) A Type 2A leak  does  not  present  an
     7  immediately  hazardous condition to the public or buildings, but is of a
     8  nature that requires frequent surveillance and scheduled repair. In  the
     9  event of a Type 2A leak classification the following requirements apply:
    10    (i)  the  leak  shall  be  repaired  within a period not to exceed six
    11  months; and
    12    (ii) the leak shall be maintained under surveillance with a  frequency
    13  not to exceed two weeks until repaired.
    14    (2) Type 2A leaks include, but are not limited to:
    15    (i)  any  reading  of  ten  percent  or greater gas-in-air in any area
    16  continuously paved from the curbline to the building wall, which is more
    17  than five feet (1.5 meters) but within thirty feet (9.1 meters)  of  the
    18  building and inside the curbline or shoulder of the road;
    19    (ii)  any  reading,  in  an unpaved area, of twenty percent or greater
    20  gas-in-air which is more than five feet (1.5 meters) but  within  twenty
    21  feet (6.1 meters) of the building and inside the curbline or shoulder of
    22  the road; or
    23    (iii)  any leak, other than Type 1, which, under frost or other condi-
    24  tions, in the judgment of the operating personnel at the scene should be
    25  classified as a Type 2A.
    26    (c) Type 2 classification. (1) A Type 2 leak does not present an imme-
    27  diate hazardous condition to the public or buildings, but is of a nature
    28  requiring scheduled repair. In the event of a Type 2 leak classification
    29  the following requirements apply:
    30    (i) the leak shall be repaired within a period not to exceed one year,
    31  except that leaks classified under clause (v)  of  subparagraph  two  of
    32  this paragraph shall be repaired within six months; and
    33    (ii)  the leak shall be maintained under surveillance with a frequency
    34  not to exceed two months, except that leaks classified under clause  (v)
    35  of  subparagraph  two  of  this  paragraph shall be surveilled every two
    36  weeks.
    37    (2) Type 2 leaks include, but are not limited to:
    38    (i) any reading less than ten percent gas-in-air between the  building
    39  and  the curbline in any area continuously paved which is more than five
    40  feet (1.5 meters) but within thirty feet (9.1 meters)  of  the  building
    41  and inside the curbline or shoulder of the road; or
    42    (ii)  any  reading  less than twenty percent gas-in-air in any unpaved
    43  area which is more than five feet (1.5 meters) but  within  twenty  feet
    44  (6.1  meters)  of  a building and inside the curbline or shoulder of the
    45  road; or
    46    (iii) any reading of  thirty  percent  or  greater  gas-in-air  in  an
    47  unpaved  area  which  is  more  than twenty feet (6.1 meters) but within
    48  fifty feet (15.2 meters) of a building and inside the curbline or shoul-
    49  der of the road; or
    50    (iv) any reading of thirty percent or greater gas-in-air  in  a  paved
    51  area  which  is more than thirty feet (9.1 meters) but within fifty feet
    52  (15.2 meters) of a building and inside the curbline or shoulder  of  the
    53  road; or
    54    (v)  any  reading above one percent but below four percent gas-in-air,
    55  within manholes, vaults or catch basins (sampling will be conducted with
        A. 467                              3
     1  the structure in its normal condition as nearly as is physically  possi-
     2  ble).
     3    (d)  Type 3 classification. A Type 3 leak is not immediately hazardous
     4  at the time of detection and can be reasonably expected to  remain  that
     5  way.
     6    (1) A Type 3 leak is any leak not classified as Type 1, 2A or 2.
     7    (2) Type 3 leaks shall be reevaluated during the next required leakage
     8  survey or annually, whichever is less.
     9    3.  Beginning March first, two thousand eighteen, each gas corporation
    10  shall report annually to the department the location  of  each  Type  1,
    11  Type  2A,  Type 2 and Type 3 leak existing as of that date classified by
    12  the corporation, the date each Type 1, Type 2A, Type 2 and Type  3  leak
    13  was classified and the date of repair performed on each Type 1, Type 2A,
    14  Type  2 and Type 3 leak as part of its required gas surveillance program
    15  as required under its approved operations and maintenance programs.    A
    16  gas corporation shall specify any reclassification of previously identi-
    17  fied leaks in its report. Such gas leak information shall be made avail-
    18  able  to  any municipal or state official with responsibility for public
    19  safety and any member of the legislature upon request to the department.
    20    4.  Upon the undertaking of a significant project  exposing  confirmed
    21  natural  gas  infrastructure, and with sufficient notice, a municipality
    22  or the state shall submit notification of the project  to  the  relevant
    23  gas  corporation.  The gas corporation shall survey the project area for
    24  the presence of Type 1, Type 2A, or Type 2  leaks  and  set  repair  and
    25  replacement  schedules  for all known or newly detected Type 1, Type 2A,
    26  or Type 2 leaks. The gas corporation shall  ensure  that  any  shut  off
    27  valve  in  the significant project area has a gate box installed upon it
    28  or a reasonable alternative that would otherwise ensure continued public
    29  safety and that any critical valve that has not been inspected and test-
    30  ed within the past twelve months  is  verified  to  be  operational  and
    31  accessible. The gas corporation shall provide the repair and replacement
    32  schedule of gas leaks to the municipality or the state.
    33    5.  The  commission shall commence a proceeding to investigate whether
    34  New York state should require the winter surveillance and patrol of cast
    35  iron or ductile iron pipelines in the state and shall determine  whether
    36  the  presence  of extended frost cap conditions may result in additional
    37  stress on cast iron or ductile iron pipe  segments,  requiring  enhanced
    38  surveillance and patrol. The commission is authorized to establish mini-
    39  mum  uniform  procedures for cast iron and ductile iron surveillance and
    40  patrols. Gas corporations are authorized to  establish  procedures  that
    41  exceed any minimum standards at their discretion.
    42    6.  The  department, upon the request of a municipal or state official
    43  with responsibility for public safety, may require a reevaluation  of  a
    44  Type  3  leak  prior to the next scheduled survey, or sooner than twelve
    45  months of the date last evaluated, if  the  official  has  a  reasonable
    46  belief that the Type 3 leak poses a threat to public safety.
    47    7.  The commission shall promulgate regulations necessary to implement
    48  the uniform natural  gas  leak  classifications  as  specified  in  this
    49  section  and  shall  oversee and monitor each gas corporation's response
    50  and reporting.
    51    § 2. This act shall take effect on the ninetieth day  after  it  shall
    52  have become a law.