| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the detection and repair of natural gas pipeline |
|
|
leakages. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 91, Natural Resources Code, is amended |
|
|
by adding Subchapter I to read as follows: |
|
|
SUBCHAPTER I. GAS LEAKAGES |
|
|
Sec. 91.301. DEFINITIONS. In this subchapter: |
|
|
(1) "Grade 1 leak" includes a gas leak: |
|
|
(A) that is determined by personnel present at |
|
|
the scene of the leak to be an immediate hazard to property or the |
|
|
public; |
|
|
(B) that results in the ignition of escaping gas; |
|
|
(C) in which gas may have migrated into or under a |
|
|
building or tunnel; |
|
|
(D) in which gas is present or may be present at |
|
|
the outside wall of a building; |
|
|
(E) that presents at least an 80 percent lower |
|
|
explosive limit in: |
|
|
(i) a confined space; or |
|
|
(ii) a small substructure, other than a |
|
|
gas-associated substructure, from which gas is likely to migrate to |
|
|
the outside wall of a building; or |
|
|
(F) that can be seen, heard, or felt, and that is |
|
|
in a location that may endanger property or the public. |
|
|
(2) "Operator" means a person who operates: |
|
|
(A) a gas distribution system; |
|
|
(B) a regulated plastic gas gathering line; or |
|
|
(C) a plastic gas transmission line. |
|
|
Sec. 91.302. OPERATOR RESPONSE TO GAS LEAKAGE. An operator |
|
|
shall: |
|
|
(1) promptly respond to any notification received by |
|
|
the operator relating to: |
|
|
(A) a gas leak or gas odor emanating from any of |
|
|
the operator's pipeline facilities; or |
|
|
(B) damage to any of the operator's pipeline |
|
|
facilities caused by an excavator or other outside source; and |
|
|
(2) ensure that the operator's leak detection |
|
|
equipment is properly calibrated. |
|
|
Sec. 91.303. RESPONSE TO GRADE 1 LEAK. (a) In responding to |
|
|
a gas leak under Section 91.302, an operator shall determine |
|
|
whether the leak is a grade 1 leak. The determination must be made |
|
|
by a person with training, experience, and knowledge in the field of |
|
|
leak classification and investigation, and must be based on all |
|
|
pertinent information and a complete investigation by the person at |
|
|
the scene of the leak. |
|
|
(b) On a determination that a leak is a grade 1 leak, the |
|
|
operator shall make necessary repairs and take immediate action to |
|
|
eliminate hazardous conditions, including: |
|
|
(1) implementing an emergency plan described by 49 |
|
|
C.F.R. Section 192.615; |
|
|
(2) evacuating premises; |
|
|
(3) blocking off an area; |
|
|
(4) rerouting traffic; |
|
|
(5) eliminating any source of ignition; |
|
|
(6) venting the area; |
|
|
(7) stopping the flow of gas; or |
|
|
(8) notifying emergency responders. |
|
|
Sec. 91.304. REPORTING OF GRADE 1 LEAK. (a) Not later than |
|
|
January 15 and July 15 of each year, each operator shall submit to |
|
|
the commission through the commission's online reporting system a |
|
|
list of all gas leaks identified and repaired in any of the |
|
|
operator's pipeline facilities. The report to be submitted by July |
|
|
15 must include leaks that occurred on or after the previous January |
|
|
1, but not later than the previous June 30. The report to be |
|
|
submitted by January 15 must include leaks that occurred on or after |
|
|
the previous July 1, but not later than the previous December 31. |
|
|
(b) Each report required by Subsection (a) must include: |
|
|
(1) the location of each leak; |
|
|
(2) the facility type affected by each leak; |
|
|
(3) the size and type of the pipe in which each leak |
|
|
occurred; |
|
|
(4) the cause of each leak; and |
|
|
(5) the method used to repair each leak. |
|
|
Sec. 91.305. VERIFICATION OF GRADE 1 LEAK REPAIR. (a) |
|
|
Within a reasonable time after a report is submitted under Section |
|
|
91.304, the commission shall verify that each repair of a grade 1 |
|
|
leak was performed as stated in the report. The commission shall |
|
|
adopt rules regarding the scheduling of verifications under this |
|
|
section. |
|
|
(b) For each grade 1 leak, the commission shall report its |
|
|
findings regarding its verification of repairs under Subsection (a) |
|
|
to: |
|
|
(1) the member or members of a municipality's |
|
|
governing body and county commissioner who represent the area in |
|
|
which the leak occurred; and |
|
|
(2) the operator of the pipeline facility in which the |
|
|
leak occurred. |
|
|
SECTION 2. The Railroad Commission of Texas shall adopt |
|
|
rules as necessary to implement this Act as soon as practicable |
|
|
after this Act takes effect. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |