S T A T E O F N E W Y O R K
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467--A
Cal. No. 41
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
___________
Introduced by M. of A. PAULIN, ENGLEBRIGHT, L. ROSENTHAL, BUCHWALD,
MOSLEY, OTIS, COOK, GOTTFRIED, LIFTON, STECK, HOOPER, ABINANTI, GALEF
-- Multi-Sponsored by -- M. of A. ARROYO, LUPARDO, THIELE -- read once
and referred to the Committee on Corporations, Authorities and Commis-
sions -- ordered to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
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:
§ 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.
LBD01083-02-8
A. 467--A 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
A. 467--A 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 NINETEEN, 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.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.