NY State Senate Bill 2015-S5206C

Senate Bill S5206C

2015-2016 Legislative Session

Relates to reporting requirements for various classifications of gas leaks by utility corporations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
May 16, 2016	advanced to third reading
May 11, 2016	2nd report cal.
May 10, 2016	1st report cal.778
Feb 22, 2016	print number 5206c
Feb 22, 2016	amend and recommit to energy and telecommunications
Jan 06, 2016	referred to energy and telecommunications
Jun 14, 2015	print number 5206b
Jun 14, 2015	amend and recommit to energy and telecommunications
Jun 10, 2015	print number 5206a
Jun 10, 2015	amend and recommit to energy and telecommunications
May 07, 2015	referred to energy and telecommunications

Votes

- May 10, 2016 - Energy And Telecommunications Committee Vote
  S5206C
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 10, 2016
      
      aye (10)
      
      Carlucci
      
      Croci
      
      Dilan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Little
      
      O'Mara
      
      Parker
      
      Ritchie
      
      aye wr (1)
      
      Martins

Bill Amendments

Original

C (Active)

2015-S5206 - Details

See Assembly Version of this Bill:: A5083
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7430, A9772
2017-2018: S4264, A467

2015-S5206 - Summary

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

2015-S5206 - Sponsor Memo

                                BILL NUMBER:S5206

TITLE OF BILL:  An act to amend the public service law, in relation to
reporting of natural gas leaks by gas corporations

PURPOSE:

The bill would (a) require the classification by gas companies of all
reported leaks of natural gas; (b) require that each gas company
report annually to the Department of Public Service (the "department")
the location and classification of each reported leak, the date each
such leak was classified and the date each such leak is repaired; (c)
require that the department make such information available upon
request to any municipal or state public safety official and to
members of the legislature; and (d) require the Public Service
Commission (the "commission") to commence a proceeding to investigate
the need for additional winter surveillance of gas pipelines due to
extended frost.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the public service law by adding a
new section 67-b.

Subdivision one of section 67-b would require the department to
establish a uniform system for classifying natural gas leaks.

Subdivision two of section 67-b would describe the system to be used
to classify the leaks according to the level of hazard presented to
buildings or the public, based on location and/or relative magnitude.
Leaks would be classified type 1 (which constitutes a potentially
hazardous condition to the public or buildings), type 2A (which does
not present an immediately hazardous condition to the public or
buildings, but is of a nature that requires frequent surveillance and
scheduled repair), type 2 (which does not present an immediately
hazardous condition to the public or buildings, but is of a nature
requiring scheduled repair), or type 3 (which is not immediately
hazardous at the time of detection and can be reasonably expected to
remain that way).

Subdivision 3 of section 67-b would require each gas corporation to
report annually to the department, beginning March 1, 2015, the
location of each Type 1, Type 2A, Type 2 and Type 3 leak, the date of
classification of each such leak, and the date of repair performed on
each such leak as required under such gas corporation's approved
operations and maintenance programs. Subdivision 3 would also require
that such gas leak information be made available to any municipal or
state public safety official and any member of the legislature upon
request to the department.

Subdivision 4 of section 67-b would require the department to
promulgate regulations necessary to implement the uniform leak
classification standards, and to oversee and monitor gas company
response and reporting.

Subdivision 5 of section 67-b would require the commission to
investigate whether New York State should require winter surveillance


and patrol of cast iron or ductile iron pipelines and to determine the
effect on such pipelines of extended frost cap conditions.

Section 2 of the bill would provide for an immediate effective date.

JUSTIFICATION:

Under current regulations, gas companies are required to classify
leaks of natural gas according to severity, which is determined by a
combination of location and the magnitude of the leak. They maintain
records of the leaks but are not required to report them to the
department, which relies on periodic audits of the companies to ensure
compliance with relevant regulations. Because the department maintains
no records, none are available to public safety officials.

The proposed change would lead to a new level of transparency
regarding the locations and classifications of leaks, which would
accomplish several important public safety goals. Knowledge of
existing leaks would facilitate safe, rapid response by local first
responders to accidents and other emergencies that might occur at or
near the locations of known gas leaks. Further, members of the public
would be more likely to call 911 or their local gas company about
suspected gas leaks if they believed that the information would be
included into a readily accessible database that would be used to help
prevent property damage, injuries or even loss of life.

LEGISLATIVE HISTORY:

A.9772-A, 2014 referred to corporations, authorities and commissions.
Same-as S.7430-A, 2014 committed to rules.

FISCAL IMPLICATIONS:

Some administrative costs to the Department of Public Service.

EFFECTIVE DATE:

Immediately

2015-S5206 - Bill Text download pdf

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

                                  5206

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

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.
                                                           LBD04871-01-5

S. 5206                             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 CURBLINE 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 CURBLINE 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

S. 5206                             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 SIXTEEN, 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.

2015-S5206A - Details

See Assembly Version of this Bill:: A5083
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7430, A9772
2017-2018: S4264, A467

2015-S5206A - Summary

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

2015-S5206A - Sponsor Memo

                                BILL NUMBER:S5206A

TITLE OF BILL:

An act to amend the public service law, in relation to reporting of
natural gas leaks by gas corporations

PURPOSE:

The bill would (a) require the classification by gas companies of all
reported leaks of natural gas; (b) require that each gas company
report annually to the Department of Public Service (the "department")
the location and classification of each reported leak, the date each
such leak was classified and the date each such leak is repaired; (c)
require that the department make such information available upon
request to any municipal or state public safety official and to
members of the legislature; and (d) require the Public Service
Commission (the "commission") to commence a proceeding to investigate
the need for additional winter. surveillance of gas pipelines due to
extended frost.

SUMMARY OF PROVISIONS:

This bill would amend the Public Service Law by adding a new section
67-b to require the Department. of Public Service (DPS) to establish a
uniform system for classifying natural gas leaks. This system would be

used to classify the leaks according to the level of hazard presented
to buildings or the public, based on location and/or relative
magnitude. Leaks would be classified Type 1, which constitutes a
potentially hazardous condition to the public or buildings; Type 2A,
which does not present an immediately hazardous condition to the
public or buildings, but is of a nature that requires frequent
surveillance and scheduled repair, Type 2, which does not present an
immediately hazardous condition to the public or buildings, but is of
a nature requiring scheduled repair, or Type 3, which is not
immediately hazardous at the time of detection and can be reasonably
expected to remain that way.

The bill also directs that each gas corporation would be required to
report annually to the DPS, beginning March 1, 2016: the location of
each Type 1, Type 2A, Type 2 and Type 3 leak; the date of
classification of each such leak, and the date of repair performed on
each such leak as required under such gas corporation's approved
operations and maintenance programs. Such gas leak information would
be made available to any municipal or state public safety official and
any member of the legislature upon request to the DPS.

Under the bill, DPS would promulgate regulations necessary to
implement the uniform leak classification standards and to oversee and
monitor gas company response and reporting.

Finally, this bill would require the Public Service Commission to
commence a proceeding to investigate whether New York State should
require winter surveillance and patrol of cast iron or ductile iron
pipelines and to determine the effect on such pipelines of extended
frost cap conditions.


JUSTIFICATION:

Under current regulations, gas companies are required to classify
leaks of natural gas according to severity, which is determined by
location and the magnitude of the leak. They maintain records the
leaks but are not required to report them to the DPS, which relies on
periodic audits of the companies to ensure compliance with existing
regulations. Because the DPS maintains no records, none are available
to public safety officials.

The proposed changes to current law in this bill would lead to a new
level of transparency regarding the locations and classifications of
leaks, which would accomplish several important. public safety goals.
Knowledge of existing leaks would facilitate safe, rapid response by
local first responders to accidents and other emergencies that might
occur at or near the locations of known gas leaks. Further, members of
the public would be more likely to call 911 or their local gas company
about suspected gas leaks if they believed that the information would
be included in a readily accessible database that would be used to
help prevent property damage, injuries or even loss of life.

LEGISLATIVE HISTORY:

2014: S.7430 committed to Rules

FISCAL IMPLICATIONS:

Minimal administrative costs to the Department of Public Service.

EFFECTIVE DATE:

Immediately

2015-S5206A - Bill Text download pdf

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

                                 5206--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  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.
                                                           LBD04871-03-5

S. 5206--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 CURBLINE 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 CURBLINE 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

S. 5206--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 SIXTEEN, 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.
SUCH  GAS  LEAK  INFORMATION SHALL BE MADE AVAILABLE TO ANY MUNICIPAL OR
STATE PUBLIC SAFETY OFFICIAL AND ANY  MEMBER  OF  THE  LEGISLATURE  UPON
REQUEST TO THE DEPARTMENT.
  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.

2015-S5206B - Details

See Assembly Version of this Bill:: A5083
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7430, A9772
2017-2018: S4264, A467

2015-S5206B - Summary

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

2015-S5206B - Bill Text download pdf

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

                                 5206--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  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  CLASSIFICATIONS. 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04871-08-5

S. 5206--B                          2

  (III) ANY READING ON A CGI WITHIN FIVE FEET (1.5 METERS) OF A BUILDING
WALL;
  (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 CURBLINE 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 CURBLINE 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

S. 5206--B                          3

  (V) ANY READING ABOVE ONE PERCENT BUT BELOW FOUR  PERCENT  GAS-IN-AIR,
WITHIN MANHOLES, VAULTS OR CATCH BASINS (SAMPLING WILL BE CONDUCTED WITH
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 SIXTEEN, 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.    A
GAS CORPORATION SHALL SPECIFY ANY RECLASSIFICATION OF PREVIOUSLY IDENTI-
FIED LEAKS IN ITS REPORT. SUCH GAS LEAK INFORMATION SHALL BE MADE AVAIL-
ABLE  TO  ANY MUNICIPAL OR STATE OFFICIAL WITH RESPONSIBILITY FOR PUBLIC
SAFETY AND ANY MEMBER OF THE LEGISLATURE UPON REQUEST TO THE DEPARTMENT.
  4.  UPON THE UNDERTAKING OF A SIGNIFICANT PROJECT  EXPOSING  CONFIRMED
NATURAL  GAS  INFRASTRUCTURE, AND WITH SUFFICIENT NOTICE, A MUNICIPALITY
OR THE STATE SHALL SUBMIT NOTIFICATION OF THE PROJECT  TO  THE  RELEVANT
GAS  CORPORATION.  THE GAS CORPORATION SHALL SURVEY THE PROJECT AREA FOR
THE PRESENCE OF TYPE 1, TYPE 2A, OR TYPE 2  LEAKS  AND  SET  REPAIR  AND
REPLACEMENT  SCHEDULES  FOR ALL KNOWN OR NEWLY DETECTED TYPE 1, TYPE 2A,
OR TYPE 2 LEAKS. THE GAS CORPORATION SHALL  ENSURE  THAT  ANY  SHUT  OFF
VALVE  IN  THE SIGNIFICANT PROJECT AREA HAS A GATE BOX INSTALLED UPON IT
OR A REASONABLE ALTERNATIVE THAT WOULD OTHERWISE ENSURE CONTINUED PUBLIC
SAFETY AND THAT ANY CRITICAL VALVE THAT HAS NOT BEEN INSPECTED AND TEST-
ED WITHIN THE PAST TWELVE MONTHS  IS  VERIFIED  TO  BE  OPERATIONAL  AND
ACCESSIBLE. THE GAS CORPORATION SHALL PROVIDE THE REPAIR AND REPLACEMENT
SCHEDULE OF GAS LEAKS TO THE MUNICIPALITY OR THE STATE.
  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 COMMISSION IS AUTHORIZED TO ESTABLISH MINI-
MUM  UNIFORM  PROCEDURES FOR CAST IRON AND DUCTILE IRON SURVEILLANCE AND
PATROLS. GAS CORPORATIONS ARE AUTHORIZED TO  ESTABLISH  PROCEDURES  THAT
EXCEED ANY MINIMUM STANDARDS AT THEIR DISCRETION.
  6.  THE  DEPARTMENT, UPON THE REQUEST OF A MUNICIPAL OR STATE OFFICIAL
WITH RESPONSIBILITY FOR PUBLIC SAFETY, MAY REQUIRE A REEVALUATION  OF  A
TYPE  3  LEAK  PRIOR TO THE NEXT SCHEDULED SURVEY, OR SOONER THAN TWELVE
MONTHS OF THE DATE LAST EVALUATED, IF  THE  OFFICIAL  HAS  A  REASONABLE
BELIEF THAT THE TYPE 3 LEAK POSES A THREAT TO PUBLIC SAFETY.
  7.  THE COMMISSION SHALL PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT
THE UNIFORM NATURAL  GAS  LEAK  CLASSIFICATIONS  AS  SPECIFIED  IN  THIS
SECTION  AND  SHALL  OVERSEE AND MONITOR EACH GAS CORPORATION'S RESPONSE
AND REPORTING.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

2015-S5206C (ACTIVE) - Details

See Assembly Version of this Bill:: A5083
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7430, A9772
2017-2018: S4264, A467

2015-S5206C (ACTIVE) - Summary

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

2015-S5206C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5206C

 TITLE OF BILL :

An act to amend the public service law, in relation to reporting of
natural gas leaks by gas corporations

 PURPOSE :

The bill would (a) require the classification by gas companies of all
reported leaks of natural gas; (b) require that each gas company
report annually to the Department of Public Service (the "department")
the location and classification of each reported leak, the date each
such leak was classified and the date each such leak is repaired; (c)
require that the department make such information available upon
request to any municipal or state public safety official and to
members of the legislature; and (d) require the Public Service
Commission (the "commission") to commence a proceeding to investigate
the need for additional winter. surveillance of gas pipelines due to
extended frost.

 SUMMARY OF PROVISIONS :

This bill would amend the Public Service Law by adding a new section
67-b to require the Department of Public Service (DPS) to establish a
uniform system for classifying natural gas leaks. This system would be

used to classify the leaks according to the level of hazard presented
to buildings or the public, based on location and/or relative
magnitude. Leaks would be classified Type 1, which constitutes a
potentially hazardous condition to the public or buildings; Type 2A,
which does not present an immediately hazardous condition to the
public or buildings, but is of a nature that requires frequent
surveillance and scheduled repair, Type 2, which does not present an
immediately hazardous condition to the public or buildings, but is of
a nature requiring scheduled repair, or Type 3, which is not
immediately hazardous at the time of detection and can be reasonably
expected to remain that way.

The bill also directs that each gas corporation would be required to
report annually to the DPS, beginning March 1, 2017: the location of
each Type 1, Type 2A, Type 2 and Type 3 leak; the date of
classification of each such leak, and the date of repair performed on
each such leak as required under such gas corporation's approved
operations and maintenance programs. Such gas leak information would
be made available to any municipal or state public safety official and
any member of the legislature upon request to the DPS. Under the bill,
DPS would promulgate regulation necessary to implement the uniform
leak classification standards and to oversee and monitor gas company
response and reporting.

Finally, this bill would require the Public Service Commission to
commence a proceeding to investigate whether New York State should
require winter surveillance and patrol of cast iron or ductile iron
pipelines and to determine the effect on such pipelines of extended
frost cap conditions.

 JUSTIFICATION :

Under current regulations, gas companies are required to classify
leaks of natural gas according to severity, which is determined by
location and the magnitude of the leak. They maintain records the
leaks but are not required to report them to the DPS, which relies on
periodic audits of the companies to ensure compliance with existing
regulations. Because the DPS maintains no records, none are available
to public safety officials.

The proposed changes to current law in this bill would lead to a new
level of transparency regarding the locations and classifications of
leaks, which would accomplish several important. public safety goals.
Knowledge of existing leaks would facilitate safe, rapid response by
local first responders to accidents and other emergencies that might
occur at or near the locations of known gas leaks. Further, members of
the public would be more likely to call 911 or their local gas company
about suspected gas leaks if they believed that the information would
be included in a readily accessible database that would be used to
help prevent property damage, injuries or even loss of life.

 LEGISLATIVE HISTORY :

2014: S.7430 committed to Rules

 FISCAL IMPLICATIONS :

Minimal administrative costs to the Department of Public Service.

 EFFECTIVE DATE :
90th day.

2015-S5206C (ACTIVE) - Bill Text download pdf

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

                                 5206--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to the Committee on Energy  and  Telecommuni-
  cations  in  accordance  with  Senate  Rule  6,  sec.  8  -- 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  CLASSIFICATIONS. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04871-09-6

S. 5206--C                          2

  (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;
  (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 CURBLINE 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 CURBLINE 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

S. 5206--C                          3

(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
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 SEVENTEEN, 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.  A
GAS CORPORATION SHALL SPECIFY ANY RECLASSIFICATION OF PREVIOUSLY IDENTI-
FIED LEAKS IN ITS REPORT. SUCH GAS LEAK INFORMATION SHALL BE MADE AVAIL-
ABLE TO ANY MUNICIPAL OR STATE OFFICIAL WITH RESPONSIBILITY  FOR  PUBLIC
SAFETY AND ANY MEMBER OF THE LEGISLATURE UPON REQUEST TO THE DEPARTMENT.
  4.    UPON THE UNDERTAKING OF A SIGNIFICANT PROJECT EXPOSING CONFIRMED
NATURAL GAS INFRASTRUCTURE, AND WITH SUFFICIENT NOTICE,  A  MUNICIPALITY
OR  THE  STATE  SHALL SUBMIT NOTIFICATION OF THE PROJECT TO THE RELEVANT
GAS CORPORATION. THE GAS CORPORATION SHALL SURVEY THE PROJECT  AREA  FOR
THE  PRESENCE  OF  TYPE  1,  TYPE 2A, OR TYPE 2 LEAKS AND SET REPAIR AND
REPLACEMENT SCHEDULES FOR ALL KNOWN OR NEWLY DETECTED TYPE 1,  TYPE  2A,
OR  TYPE  2  LEAKS.  THE  GAS CORPORATION SHALL ENSURE THAT ANY SHUT OFF
VALVE IN THE SIGNIFICANT PROJECT AREA HAS A GATE BOX INSTALLED  UPON  IT
OR A REASONABLE ALTERNATIVE THAT WOULD OTHERWISE ENSURE CONTINUED PUBLIC
SAFETY AND THAT ANY CRITICAL VALVE THAT HAS NOT BEEN INSPECTED AND TEST-
ED  WITHIN  THE  PAST  TWELVE  MONTHS  IS VERIFIED TO BE OPERATIONAL AND
ACCESSIBLE. THE GAS CORPORATION SHALL PROVIDE THE REPAIR AND REPLACEMENT
SCHEDULE OF GAS LEAKS TO THE MUNICIPALITY OR THE STATE.
  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 COMMISSION IS AUTHORIZED TO ESTABLISH MINI-
MUM UNIFORM PROCEDURES FOR CAST IRON AND DUCTILE IRON  SURVEILLANCE  AND
PATROLS.  GAS  CORPORATIONS  ARE AUTHORIZED TO ESTABLISH PROCEDURES THAT
EXCEED ANY MINIMUM STANDARDS AT THEIR DISCRETION.
  6. THE DEPARTMENT, UPON THE REQUEST OF A MUNICIPAL OR  STATE  OFFICIAL
WITH  RESPONSIBILITY  FOR PUBLIC SAFETY, MAY REQUIRE A REEVALUATION OF A
TYPE 3 LEAK PRIOR TO THE NEXT SCHEDULED SURVEY, OR  SOONER  THAN  TWELVE
MONTHS  OF  THE  DATE  LAST  EVALUATED, IF THE OFFICIAL HAS A REASONABLE
BELIEF THAT THE TYPE 3 LEAK POSES A THREAT TO PUBLIC SAFETY.
  7. THE COMMISSION SHALL PROMULGATE REGULATIONS NECESSARY TO  IMPLEMENT
THE  UNIFORM  NATURAL  GAS  LEAK  CLASSIFICATIONS  AS  SPECIFIED IN THIS
SECTION AND SHALL OVERSEE AND MONITOR EACH  GAS  CORPORATION'S  RESPONSE
AND REPORTING.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S5206C

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2015-S5206 - Details

2015-S5206 - Summary

2015-S5206 - Sponsor Memo

2015-S5206 - Bill Text download pdf

2015-S5206A - Details

2015-S5206A - Summary

2015-S5206A - Sponsor Memo

2015-S5206A - Bill Text download pdf

2015-S5206B - Details

2015-S5206B - Summary

2015-S5206B - Bill Text download pdf

2015-S5206C (ACTIVE) - Details

2015-S5206C (ACTIVE) - Summary

2015-S5206C (ACTIVE) - Sponsor Memo

2015-S5206C (ACTIVE) - Bill Text download pdf

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