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A BILL TO BE ENTITLED
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AN ACT
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relating to detecting and repairing leakage from natural gas |
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pipelines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 91, Natural Resources Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. REMEDIATING GRADE 1 GAS LEAKAGE |
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Sec. 91.301. DEFINITION. In this subchapter, "operator" |
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means an operator of a gas distribution system, a regulated plastic |
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gas gathering line, or a plastic gas transmission line. |
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Sec. 91.302. OPERATOR RESPONSE TO GAS LEAKAGE; GRADING. |
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(a) An operator shall promptly respond to any notification it |
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receives of: |
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(1) a gas leak or gas odor emanating from any of its |
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pipeline facilities; or |
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(2) damage to the facilities caused by excavators or |
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other outside sources. |
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(b) A response under Subsection (a) must include a grading |
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of any gas leakage, performed only by individuals who possess |
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training, experience, and knowledge in the field of leak |
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classification and investigation, including extensive association |
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with actual leakage work. |
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(c) The assessment made by individuals described by |
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Subsection (b), based on all pertinent information and a complete |
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leakage investigation at the scene, shall form the basis for the |
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leak grade determination. |
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(d) If the leak is determined to be Grade 1, as described by |
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Section 912.303, the operator shall immediately take any of the |
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appropriate actions prescribed by Subsection (b) of that section. |
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(e) An operator shall ensure that its leak detection |
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equipment is properly calibrated. |
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Sec. 912.303. GRADE 1 LEAK. (a) A Grade 1 leak is an |
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existing or a probable hazard to persons or property and requires |
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the operator to take immediate action to eliminate the hazard and |
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make repairs. A Grade 1 leak includes: |
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(1) any leak which, in the judgment of operating |
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personnel at the scene, is regarded as an immediate hazard; |
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(2) escaping gas that has ignited; |
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(3) any indication of gas that has migrated into or |
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under a building or into a tunnel; |
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(4) any reading at the outside wall of a building, or |
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where gas would likely migrate to an outside wall of a building; |
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(5) any reading of 80 percent lower explosive limit or |
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greater in a confined space; |
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(6) any reading of 80 percent lower explosive limit or |
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greater in small substructures, other than gas-associated |
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substructures, from which gas would likely migrate to the outside |
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wall of a building; or |
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(7) any leak that can be seen, heard, or felt and that |
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is in a location that may endanger property or the public. |
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(b) A Grade 1 leak requires that the operator take prompt |
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action to eliminate the hazardous conditions. The prompt action |
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may require one or more of the following: |
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(1) implementing an emergency plan, as described by 49 |
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C.F.R. Section 192.615; |
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(2) evacuating premises; |
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(3) blocking off an area; |
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(4) rerouting traffic; |
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(5) eliminating sources of ignition; |
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(6) venting the area by removing manhole covers, |
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barholing, installing vent holes, or other means; |
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(7) stopping the flow of gas by closing valves or other |
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means; or |
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(8) notifying emergency responders. |
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Sec. 912.304. REPORTING OF GRADE 1 LEAKS. An operator shall |
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submit to the commission a list of all Grade 1 leaks: |
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(1) repaired on its pipeline facilities; and |
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(2) identified on any of its pipeline facilities. |
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(c) The operator shall submit leak reports, using the |
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commission's online reporting system, by July 15 and January 15 of |
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each calendar year, in accordance with the Form PS-95 semiannual |
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leak report electronic filing requirements. |
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(d) The report to be submitted on July 15 shall include |
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information from the previous January 1 through the previous June |
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30. The report to be submitted on January 15 shall include |
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information from the previous July 1 through the previous December |
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31. |
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(e) The report shall include: |
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(1) leak location; |
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(2) facility type; |
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(3) pipe size; |
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(4) pipe type; |
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(5) leak cause; and |
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(6) leak repair method. |
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Sec. 912.305. COMMISSION VERIFICATION OF GRADE 1 LEAK |
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REPAIR. (a) The commission shall verify, within a reasonable time |
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after a report is submitted under Section 912.304, that all repairs |
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to Grade 1 leaks were performed as reported. |
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(b) The commission shall adopt rules specifying the time |
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frame during which the commission will perform a verification under |
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this section. |
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Sec. 912.306. RESULTS OF VERIFICATION REPORTED TO LOCAL |
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ENTITIES. The commission shall report its findings in connection |
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with the verification performed under Section 912.305 to: |
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(1) the city councilperson and county commissioner who |
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represent the area in which the Grade 1 leak is located; and |
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(2) the operator of the pipeline facility where the |
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leak occurred. |
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SECTION 2. The Railroad Commission of Texas shall develop |
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rules required under Subchapter I, Chapter 91, Natural Resources |
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Code, as added by this Act, as soon as practicable after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |