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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Railroad Commission of Texas to |
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establish standards regarding certain pipelines and appurtenant |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 81, Natural Resources |
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Code, is amended by adding Section 81.062 to read as follows: |
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Sec. 81.062. STANDARDS REGARDING PIPELINES AND APPURTENANT |
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FACILITIES. (a) The commission has exclusive original jurisdiction |
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to establish standards regarding the following matters in |
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connection with natural gas, liquid hydrocarbon, hazardous |
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materials, and gathering pipelines and all facilities appurtenant |
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to those pipelines: |
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(1) design; |
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(2) installation; |
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(3) operation; |
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(4) environmental controls, other than environmental |
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controls under the jurisdiction of the Texas Commission on |
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Environmental Quality; |
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(5) screening; |
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(6) noise suppression; and |
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(7) maintenance. |
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(b) In establishing standards under this section, the |
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commission shall: |
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(1) encourage the use of public streets, roads, |
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highways, and other public rights-of-way in connection with |
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pipelines and appurtenant facilities if: |
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(A) adequate space exists for an additional |
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pipeline or appurtenant facility in the right-of-way; and |
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(B) that use is practical and economically |
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reasonable; and |
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(2) require pipeline operators to minimize, to the |
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extent practical and economically reasonable, the effect of their |
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pipelines and appurtenant facilities on existing land use. |
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(c) A state agency, county, or municipality with |
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jurisdiction over public streets, roads, highways, or other public |
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rights-of-way may not prohibit the use of those rights-of-way for |
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pipelines or appurtenant facilities but may impose reasonable |
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conditions on that use. |
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(d) In establishing standards under this section applicable |
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to pipelines and appurtenant facilities located in the boundaries |
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of municipalities, the commission shall request and consider the |
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input of municipalities. |
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(e) The commission shall establish a procedure by which a |
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municipality or pipeline operator may obtain a waiver of a standard |
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established under this section. A request for a waiver may propose |
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the imposition of additional standards or the preclusion of the |
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application of an existing standard with regard to a specific |
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pipeline or appurtenant facility. The commission may grant a |
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waiver only after finding that: |
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(1) the waiver is in the public interest, taking into |
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consideration the interest of the general public and the interest |
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of the members of the public in the area traversed by the pipeline |
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with regard to which the waiver is sought; |
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(2) granting the waiver will not impose an undue |
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burden on the pipeline and its operation; and |
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(3) granting the waiver will not result in an undue |
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burden on the development of the natural resources of this state. |
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(f) The commission shall grant or deny a waiver not later |
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than the 60th day after the date the request for the waiver is filed |
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with the commission. |
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(g) The commission may delegate authority to grant or deny a |
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waiver to the director of the gas services division of the |
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commission. |
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(h) The commission may adopt rules related to standards |
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described by Subsection (a) as it determines necessary. |
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(i) The commission may impose an administrative penalty for |
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a violation of a rule adopted under this section in the manner and |
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amount provided by Sections 81.0531-81.0534. |
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SECTION 2. This Act takes effect September 1, 2009. |