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.