NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A467A
SPONSOR: Paulin (MS) TITLE OF BILL:
An act to amend the public service law, in relation to reporting of
natural gas leaks by gas corporations
PURPOSE OF THE BILL:
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 legisla-
ture; 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 estab-
lish 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 build-
ings 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, 2019, the location
of each Type 1, Type 2A, Type 2 and Type 3 leak, the date of classifica-
tion 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 stan-
dards, and to oversee and monitor gas company response and reporting.
Subdivision 5 of section 67-b would require the commission to investi-
gate 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 combina-
tion 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 accessi-
ble database that would be used to help prevent property damage, inju-
ries or even loss of life.
LEGISLATIVE HISTORY:
A.5083-D, 2015 and 2016 passed Assembly.
Same-as S.5206-C, 2015 referred to energy and telecommunications and
2016 committed to rules.
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.
