NY State Senate Bill 2023-S2735

Senate Bill S2735

2023-2024 Legislative Session

Relates to requiring gas pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high risk of leaking

download bill text pdf

Current Bill Status - In Senate Committee Energy And Telecommunications 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications
Jan 24, 2023	referred to energy and telecommunications

2023-S2735 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §66-u, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2186
2019-2020: S3210
2021-2022: S5801

2023-S2735 (ACTIVE) - Summary

Requires gas pipeline facilities to accelerate the repair, rehabilitation, and replacement of equipment or pipelines that are leaking or at a high risk of leaking; requires the public service commission to establish a standard definition and methodology for calculating and reporting unaccounted-for gas.

2023-S2735 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2735

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to requiring gas
pipeline facilities to accelerate the repair, rehabilitation, and
replacement of equipment or pipelines that are leaking or at a high risk
of leaking

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make operators of gas pipeline facilities
accelerate the repair, rehabilitation, and replacement of gas piping
equipment. This bill will also make facilities adopt a cost recovery
program, a standard definition and methodology for calculating and
reporting unaccounted for gas to improve data quality, and limits on
cost recovery for the lost and unaccounted for gas. It will also require
the use of the best available technology to detect gas leaks. This bill
will help to set guidelines pertaining to classifying hazardous pipe
lines, creating a methodology for calculating unaccounted for gas, and
establishing a database of pipeline infrastructure in cities of one
million or more.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public service law by adding a new section 66-q
called Pipeline modernization and consumer protection. Part 1 estab-
lishes the definition of "gas pipeline facility", which is a distribu-
tion-facility and gas utility.

Part 2 establishes that each operator of a gas pipeline facility will,
accelerate the repair, rehabilitation, and replacement of gas piping or
equipment that is: (a) leaking; or (b) may pose high risks of leaking or
may no longer be fit for service, because of: (i) inferior materials,
(ii) poor construction practices, (iii) lack of maintenance, or(iv) age.

Part 3 establishes that in complying with subdivision two of this
section, the commission shall: (a) develop prioritized timeliness to
repair all leaks based on the severity of the leak; (b) adopt a cost-re-
covery program; (c) adopt a standard definition and methodology for
calculating and reporting unaccounted for gas to improve data quali-
ty;(d) adopt limits on cost recovery for the lost and unaccounted for
gas; and (e)require the use of the best available technology to detect
gas leaks.

Part 4 establishes that the Public Service Commission will issue
nonbinding guidelines to identify the best practices for classifying
high- risk pipeline infrastructure and leaks for repair or replacement.
This will take place no later than one year after the effective date.

Part 5 establishes that the Public Service Commission, no later than a
year after the effective date, will create and publish:f9rm's that adopt
a standard definition and methodology for calculating and reporting
unaccounted for gas. Part 6 establishes that operators of gas pipeline
facilities in cities with a population of one million or more shall
establish a database of pipeline infrastructure that will be shared with
the coordinated building inspection data analysis.

 
JUSTIFICATION:

Federal requirements related to repairing pipeline leaks are limited to
hazardous leaks, which are leaks that represent an existing or probable
hazard to persons or property and require immediate repair.  There are
no Federal requirements to address slower or less hazardous leaks, which
can allow the leaks to persist unrepaired indefinitely.

According to the Pipeline and Hazardous Materials Safety Administration,
the United States natural gas distribution system still includes 61,000
miles of bare steel pipe, without adequate corrosion protection and
32,000 miles of cast iron pipe, which was installed beginning in the
1830s and can be prone to failure. Major recent pipeline explosions that
led to human fatalities occurred in:  Austin, Texas; Philadelphia, Penn-
sylvania; and Allentown, Pennsylvania. These explosions were the result
of aging, leaking, and high-risk pipeline infrastructure. This bill will
help create a higher standard of safety in terms of pipeline infrastruc-
ture, and will lower the cost of the rate that consumers have to pay for
lost and unaccounted for gas. This bill will also help to improve the
environment by limiting the amount of natural gas that leaks out of
faulty pipelines.

 
PRIOR LEGISLATIVE HISTORY:

S5801: 2022

Senate Bill 2186 of 2017-18: Energy & Telecommunications

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2735 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2735
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 requiring gas
   pipeline facilities to  accelerate  the  repair,  rehabilitation,  and
   replacement  of  equipment  or pipelines that are leaking or at a high
   risk of leaking
 
   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
 66-u to read as follows:
   § 66-U. PIPELINE MODERNIZATION AND CONSUMER PROTECTION. 1. AS USED  IN
 THIS SECTION, "GAS PIPELINE FACILITY" MEANS (A) A DISTRIBUTION FACILITY,
 AND (B) A GAS UTILITY.
   2.  EACH  OPERATOR  OF  A  GAS  PIPELINE FACILITY SHALL ACCELERATE THE
 REPAIR, REHABILITATION, AND REPLACEMENT OF GAS PIPING OR EQUIPMENT  THAT
 IS:
   (A) LEAKING; OR
   (B)  MAY  POSE  HIGH  RISKS  OF  LEAKING,  OR MAY NO LONGER BE FIT FOR
 SERVICE, BECAUSE OF: (I)  INFERIOR  MATERIALS,  (II)  POOR  CONSTRUCTION
 PRACTICES, (III) LACK OF MAINTENANCE, OR (IV) AGE.
   3.  IN  COMPLYING WITH SUBDIVISION TWO OF THIS SECTION, THE COMMISSION
 SHALL: (A) DEVELOP PRIORITIZED TIMELINES TO REPAIR ALL  LEAKS  BASED  ON
 THE  SEVERITY  OF  THE  LEAK,  INCLUDING NON-HAZARDOUS LEAKS, OR REPLACE
 IDENTIFIED LEAKING OR HIGH-RISK PIPING  OR  EQUIPMENT,  INCLUDING  LEAKS
 IDENTIFIED  AS PART OF AN INTEGRITY MANAGEMENT PLAN DEVELOPED UNDER THIS
 SECTION IF APPLICABLE;
   (B) ADOPT A COST-RECOVERY PROGRAM THAT INCLUDES (I) REPLACEMENT  PLANS
 WITH  TARGETS  AND  BENCHMARKS  FOR  LEAKING OR HIGH-RISK INFRASTRUCTURE
 REPLACEMENT, (II) CONSIDERATION OF THE ECONOMIC,  SAFETY,  AND  ENVIRON-
 MENTAL  BENEFITS  OF  REDUCED  GAS  LEAKAGE,  INCLUDING CONSIDERATION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04539-01-3

 S. 2735                             2
 
 REDUCED OPERATION AND MAINTENANCE COSTS AND REDUCED  COSTS  ATTRIBUTABLE
 TO  LOST  OR  UNACCOUNTED-FOR  NATURAL  GAS,  AND (III) REPORTING ON THE
 REDUCTIONS IN LOST OR  UNACCOUNTED-FOR  GAS  AS  A  RESULT  OF  PIPELINE
 REPLACEMENTS;
   (C)  ADOPT  A  STANDARD DEFINITION AND METHODOLOGY FOR CALCULATING AND
 REPORTING UNACCOUNTED-FOR GAS TO IMPROVE DATA QUALITY;
   (D) ADOPT LIMITS ON COST RECOVERY FOR  THE  LOST  AND  UNACCOUNTED-FOR
 GAS; AND
   (E) REQUIRE USE OF BEST AVAILABLE TECHNOLOGY TO DETECT GAS LEAKS.
   4.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSION SHALL, AFTER NOTICE AND  OPPORTUNITY  TO  COMMENT,  ISSUE
 NON-BINDING  GUIDELINES  IDENTIFYING  BEST PRACTICES FOR IDENTIFYING AND
 CLASSIFYING HIGH-RISK PIPELINE INFRASTRUCTURE AND LEAKS  FOR  REPAIR  OR
 REPLACEMENT.
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, NO
 LATER THAN ONE YEAR AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 COMMISSION SHALL ESTABLISH AND PUBLISH FORMS THAT ADOPT A STANDARD DEFI-
 NITION  AND  METHODOLOGY  FOR  CALCULATING AND REPORTING UNACCOUNTED-FOR
 GAS, INCLUDING, WHEN POSSIBLE, INFORMATION ON THE CAUSES  OF  UNACCOUNT-
 ED-FOR  GAS  AND  THE  QUANTITIES ASSOCIATED WITH EACH CAUSE, FOR USE BY
 APPLICABLE STATE AGENCIES TO STANDARDIZE THE  DATA  COLLECTED  ON  UNAC-
 COUNTED-FOR GAS.
   6. OPERATORS OF GAS PIPELINE FACILITIES IN CITIES WITH A POPULATION OF
 ONE  MILLION  OR MORE SHALL ESTABLISH A DATABASE OF PIPELINE INFRASTRUC-
 TURE THAT INCLUDES ITS AGE AND STATE OF  REPAIR  AND  SHALL  SHARE  THIS
 INFORMATION  WITH  THE  COORDINATED  BUILDING  INSPECTION  DATA ANALYSIS
 SYSTEM.
   § 2. This act shall take effect immediately.

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