S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9772--A

                          I N  A S S E M B L Y

                              May 22, 2014
                               ___________

Introduced   by  M.  of  A.  PAULIN,  BRENNAN,  ENGLEBRIGHT,  ROSENTHAL,
  BUCHWALD, GALEF, MOSLEY, OTIS, COOK, GOTTFRIED, JACOBS, LIFTON,  STECK
  --  Multi-Sponsored  by -- M. of A. ARROYO, CAMARA, LUPARDO, THIELE --
  read once and referred to the Committee on  Corporations,  Authorities
  and   Commissions  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section 1. The public service law is amended by adding a  new  section
67-b to read as follows:
  S  67-B.  NATURAL  GAS  LEAK REPORTING REQUIREMENTS. 1. THE DEPARTMENT
SHALL ESTABLISH A UNIFORM NATURAL GAS LEAK CLASSIFICATION SYSTEM AS  SET
FORTH IN THIS SECTION.
  2. ALL LEAKS SHALL BE ASSESSED A CLASS BASED ON THE FOLLOWING SYSTEM:
  (A)  TYPE 1 CLASSIFICATION. (1) A TYPE 1 LEAK IS ONE WHICH, DUE TO ITS
LOCATION AND/OR RELATIVE MAGNITUDE, CONSTITUTES A POTENTIALLY  HAZARDOUS
CONDITION  TO  THE  PUBLIC  OR  BUILDINGS. IN THE EVENT OF A TYPE 1 LEAK
CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL REQUIRE AN IMMEDIATE EFFORT  TO  PROTECT  LIFE  AND
PROPERTY;
  (II)  CONTINUOUS  ACTION SHALL BE THEREAFTER TAKEN UNTIL THE CONDITION
IS NO LONGER HAZARDOUS; AND
  (III) COMPLETION OF REPAIRS SHALL BE SCHEDULED ON A  REGULAR  DAY-AFT-
ER-DAY  BASIS,  OR THE CONDITION KEPT UNDER DAILY SURVEILLANCE UNTIL THE
SOURCE OF THE LEAK HAS BEEN CORRECTED.
  (2) TYPE 1 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I) DAMAGE BY CONTRACTORS OR OUTSIDE SOURCES RESULTING IN LEAKAGE;
  (II) ANY INDICATION ON A COMBUSTIBLE GAS INDICATOR  (CGI)  OF  NATURAL
GAS ENTERING BUILDINGS OR TUNNELS;
  (III) ANY READING ON A CGI WITHIN FIVE FEET (1.5 METERS) OF A BUILDING
WALL;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15044-03-4
              

A. 9772--A                          2

  (IV) ANY READING OF FOUR PERCENT OR GREATER GAS-IN-AIR ON A CGI WITHIN
MANHOLES,  VAULTS  OR  CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH THE
STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS PHYSICALLY POSSIBLE); OR
  (V)  ANY LEAK WHICH, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE
SCENE, IS REGARDED AS POTENTIALLY HAZARDOUS.
  (B) TYPE 2A CLASSIFICATION. (1) A TYPE 2A LEAK  DOES  NOT  PRESENT  AN
IMMEDIATELY  HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A
NATURE THAT REQUIRES FREQUENT SURVEILLANCE AND SCHEDULED REPAIR. IN  THE
EVENT OF A TYPE 2A LEAK CLASSIFICATION THE FOLLOWING REQUIREMENTS APPLY:
  (I)  THE  LEAK  SHALL  BE  REPAIRED  WITHIN A PERIOD NOT TO EXCEED SIX
MONTHS; AND
  (II) THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A  FREQUENCY
NOT TO EXCEED TWO WEEKS UNTIL REPAIRED.
  (2) TYPE 2A LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I)  ANY  READING  OF  TEN  PERCENT  OR GREATER GAS-IN-AIR IN ANY AREA
CONTINUOUSLY PAVED FROM THE CURB TO THE BUILDING  WALL,  WHICH  IS  MORE
THAN  FIVE  FEET (1.5 METERS) BUT WITHIN THIRTY FEET (9.1 METERS) OF THE
BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD;
  (II) ANY READING, IN AN UNPAVED AREA, OF  TWENTY  PERCENT  OR  GREATER
GAS-IN-AIR  WHICH  IS MORE THAN FIVE FEET (1.5 METERS) BUT WITHIN TWENTY
FEET (6.1 METERS) OF THE BUILDING AND INSIDE THE CURB OR SHOULDER OF THE
ROAD; OR
  (III) ANY LEAK, OTHER THAN TYPE 1, WHICH, UNDER FROST OR OTHER  CONDI-
TIONS, IN THE JUDGMENT OF THE OPERATING PERSONNEL AT THE SCENE SHOULD BE
CLASSIFIED AS A TYPE 2A.
  (C) TYPE 2 CLASSIFICATION. (1) A TYPE 2 LEAK DOES NOT PRESENT AN IMME-
DIATE HAZARDOUS CONDITION TO THE PUBLIC OR BUILDINGS, BUT IS OF A NATURE
REQUIRING SCHEDULED REPAIR. IN THE EVENT OF A TYPE 2 LEAK CLASSIFICATION
THE FOLLOWING REQUIREMENTS APPLY:
  (I) THE LEAK SHALL BE REPAIRED WITHIN A PERIOD NOT TO EXCEED ONE YEAR,
EXCEPT  THAT  LEAKS  CLASSIFIED  UNDER CLAUSE (V) OF SUBPARAGRAPH TWO OF
THIS PARAGRAPH SHALL BE REPAIRED WITHIN SIX MONTHS; AND
  (II) THE LEAK SHALL BE MAINTAINED UNDER SURVEILLANCE WITH A  FREQUENCY
NOT  TO EXCEED TWO MONTHS, EXCEPT THAT LEAKS CLASSIFIED UNDER CLAUSE (V)
OF SUBPARAGRAPH TWO OF THIS PARAGRAPH  SHALL  BE  SURVEILLED  EVERY  TWO
WEEKS.
  (2) TYPE 2 LEAKS INCLUDE, BUT ARE NOT LIMITED TO:
  (I)  ANY READING LESS THAN TEN PERCENT GAS-IN-AIR BETWEEN THE BUILDING
AND THE CURBLINE IN ANY AREA CONTINUOUSLY PAVED WHICH IS MORE THAN  FIVE
FEET  (1.5  METERS)  BUT WITHIN THIRTY FEET (9.1 METERS) OF THE BUILDING
AND INSIDE THE CURBLINE OR SHOULDER OF THE ROAD; OR
  (II) ANY READING LESS THAN TWENTY PERCENT GAS-IN-AIR  IN  ANY  UNPAVED
AREA  WHICH  IS  MORE THAN FIVE FEET (1.5 METERS) BUT WITHIN TWENTY FEET
(6.1 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR  SHOULDER  OF  THE
ROAD; OR
  (III)  ANY  READING  OF  THIRTY  PERCENT  OR  GREATER GAS-IN-AIR IN AN
UNPAVED AREA WHICH IS MORE THAN TWENTY  FEET  (6.1  METERS)  BUT  WITHIN
FIFTY FEET (15.2 METERS) OF A BUILDING AND INSIDE THE CURBLINE OR SHOUL-
DER OF THE ROAD; OR
  (IV)  ANY  READING  OF THIRTY PERCENT OR GREATER GAS-IN-AIR IN A PAVED
AREA WHICH IS MORE THAN THIRTY FEET (9.1 METERS) BUT WITHIN  FIFTY  FEET
(15.2  METERS)  OF A BUILDING AND INSIDE THE CURBLINE OR SHOULDER OF THE
ROAD; OR
  (V) ANY READING ABOVE ONE PERCENT BUT BELOW FOUR  PERCENT  GAS-IN-AIR,
WITHIN MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH

A. 9772--A                          3

THE  STRUCTURE IN ITS NORMAL CONDITION AS NEARLY AS IS PHYSICALLY POSSI-
BLE).
  (D)  TYPE 3 CLASSIFICATION. A TYPE 3 LEAK IS NOT IMMEDIATELY HAZARDOUS
AT THE TIME OF DETECTION AND CAN BE REASONABLY EXPECTED TO  REMAIN  THAT
WAY.
  (1) A TYPE 3 LEAK IS ANY LEAK NOT CLASSIFIED AS TYPE 1, 2A OR 2.
  (2) TYPE 3 LEAKS SHALL BE REEVALUATED DURING THE NEXT REQUIRED LEAKAGE
SURVEY OR ANNUALLY, WHICHEVER IS LESS.
  3.  BEGINNING  MARCH FIRST, TWO THOUSAND FIFTEEN, EACH GAS CORPORATION
SHALL REPORT ANNUALLY TO THE DEPARTMENT THE LOCATION  OF  EACH  TYPE  1,
TYPE  2A,  TYPE 2 AND TYPE 3 LEAK EXISTING AS OF THAT DATE CLASSIFIED BY
THE CORPORATION, THE DATE EACH TYPE 1, TYPE 2A, TYPE 2 AND TYPE  3  LEAK
WAS CLASSIFIED AND THE DATE OF REPAIR PERFORMED ON EACH TYPE 1, TYPE 2A,
TYPE  2 AND TYPE 3 LEAK AS PART OF ITS REQUIRED GAS SURVEILLANCE PROGRAM
AS REQUIRED UNDER ITS  APPROVED  OPERATIONS  AND  MAINTENANCE  PROGRAMS.
EACH GAS CORPORATION SHALL ALSO INCLUDE IN SUCH REPORT A STATEMENT INDI-
CATING  (A)  WHETHER  IT HAD OR HAS A SUFFICIENT NUMBER OF EMPLOYEES, IN
ITS OWN EMPLOY, TO SUCCESSFULLY COMPLETE THE REPAIRS IDENTIFIED  IN  THE
REPORT  WITHIN  THE  TIMEFRAMES SET FORTH IN THIS SECTION, (B) A LIST OF
PIPELINE REPLACEMENT OR OTHER SIMILAR SAFETY PROJECTS UNDERTAKEN  DURING
THE  REPORTING  PERIOD AND WHETHER IT HAS A SUFFICIENT NUMBER OF EMPLOY-
EES, IN ITS OWN EMPLOY, TO SUCCESSFULLY COMPLETE SUCH PROJECTS, AND  (C)
THE  NUMBER  OF EMPLOYEES REQUIRED FOR SUCH REPAIR AND PIPELINE REPLACE-
MENT PROJECTS AND THEIR RESPECTIVE CLASSIFICATIONS. SUCH GAS LEAK INFOR-
MATION SHALL BE MADE AVAILABLE TO ANY MUNICIPAL OR STATE  PUBLIC  SAFETY
OFFICIAL  AND  ANY MEMBER OF THE LEGISLATURE UPON REQUEST TO THE DEPART-
MENT.
  4. THE DEPARTMENT SHALL PROMULGATE REGULATIONS NECESSARY TO  IMPLEMENT
THE  UNIFORM LEAK CLASSIFICATION STANDARDS AS SPECIFIED IN THIS SECTION,
AND SHALL OVERSEE AND MONITOR COMPANY RESPONSE AND REPORTING.
  5. THE COMMISSION SHALL COMMENCE A PROCEEDING TO  INVESTIGATE  WHETHER
NEW YORK STATE SHOULD REQUIRE THE WINTER SURVEILLANCE AND PATROL OF CAST
IRON  OR DUCTILE IRON PIPELINES IN THE STATE AND SHALL DETERMINE WHETHER
THE PRESENCE OF EXTENDED FROST CAP CONDITIONS MAY RESULT  IN  ADDITIONAL
STRESS  ON  CAST  IRON OR DUCTILE IRON PIPE SEGMENTS, REQUIRING ENHANCED
SURVEILLANCE AND PATROL. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH MINI-
MUM UNIFORM PROCEDURES FOR CAST IRON AND DUCTILE IRON  SURVEILLANCE  AND
PATROLS.  GAS  COMPANIES  ARE  AUTHORIZED  TO  ESTABLISH PROCEDURES THAT
EXCEED ANY MINIMUM STANDARDS AT THEIR DISCRETION.
  S 2. This act shall take effect immediately.