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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. The heading to
Section 117.011, Natural Resources Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Subchapter B,
Chapter 117, Natural Resources Code, is amended by adding Section 117.0111
to read as follows:
Sec. 117.0111. ADDITIONAL
JURISDICTION. (a) For the purposes of this section, notwithstanding Section
117.001(3), "transportation of hazardous liquids or carbon
dioxide" means the movement of hazardous liquids or carbon dioxide by
pipeline, or their storage incidental to movement, except that it does not
include production, refining, or manufacturing facilities or storage or
in-plant piping systems associated with any of those facilities.
(b) Except as otherwise
provided by federal law, the commission has jurisdiction over all pipeline
transportation of hazardous liquids or carbon dioxide and over all
hazardous liquid or carbon dioxide pipeline facilities, including the
movement of hazardous liquids or carbon dioxide through gathering lines in
rural locations or production, refining, or manufacturing facilities or
storage or in-plant piping systems associated with any of those facilities.
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No
equivalent provision.
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SECTION 3. Sections
117.012(b) and (c), Natural Resources Code, are amended to read as follows:
No
equivalent provision.
(b) Rules the commission adopts under the jurisdiction
granted under Section 117.011 on [that
adopt] safety standards do not apply to movement of hazardous liquids or carbon dioxide through gathering
lines in rural locations or production, refining, or manufacturing
facilities or storage or in-plant piping systems associated with any of
those facilities.
(c) The safety standards
adopted by the commission in its rules under the jurisdiction granted
under Section 117.011 must be compatible with those standards
established by the United States secretary of transportation under the
Hazardous Liquid Pipeline Safety Act of 1979 (Pub.L.No. 96-129).
No
equivalent provision.
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SECTION 2. Sections
117.012(a), (b), and (h), Natural Resources Code, are amended to read as
follows:
(a) The commission shall
adopt rules that include safety standards [for and practices]
applicable to the intrastate transportation of hazardous liquids or carbon
dioxide by pipeline and intrastate hazardous liquid or carbon dioxide
pipeline facilities, including safety standards related to the prevention
of damage to such a facility resulting from the movement of earth by a
person in the vicinity of the facility, other than movement by tillage that
does not exceed a depth of 16 inches. The commission may adopt rules
under this subsection that apply to the intrastate transportation of
hazardous liquids and carbon dioxide by gathering pipelines in rural
locations and intrastate hazardous liquid and carbon dioxide gathering
pipeline facilities in rural locations based only on the risks the
transportation and the facilities present to the public safety.
(b) Rules that adopt safety standards do not apply to [movement of hazardous liquids or carbon dioxide
through gathering lines in rural locations or] production,
refining, or manufacturing facilities or storage or in-plant piping systems
associated with any of those facilities.
No
equivalent provision.
(h) The commission shall
require operators of hazardous liquid and carbon dioxide pipeline
facilities or the [their] designated representatives of
such operators to communicate and conduct liaison activities with fire,
police, and other appropriate public emergency response officials. The
liaison activities must be conducted by meetings in person except as
provided by this section. An operator or the operator's representative may
conduct required community liaison activities as provided by Subsection (i)
only if the operator or the operator's representative has made an effort,
by one of the following methods, to conduct a community liaison meeting in
person with the officials:
(1) mailing a written
request for a meeting in person to the appropriate officials by certified
mail, return receipt requested;
(2) sending a request for a
meeting in person to the appropriate officials by facsimile transmission;
or
(3) making one or more
telephone calls or e-mail message transmissions to the appropriate
officials to request a meeting in person.
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SECTION 4. Subchapter B,
Chapter 117, Natural Resources Code, is amended by adding Section 117.0125
to read as follows:
Sec. 117.0125. RULES
UNDER ADDITIONAL JURISDICTION. The commission by rule shall establish
factors for determining whether the commission will regulate a pipeline or
facility under the jurisdiction granted under Section 117.0111. The factors
must include:
(1) the date of
installation of the pipeline or facility;
(2) the environment
surrounding the pipeline or facility;
(3) the age of the pipe
or facility;
(4) the pipe material,
grade, and specified minimum yield strength;
(5) operating
characteristics of the pipeline or facility;
(6) the composition of
the fluid being transported; and
(7) the distance between
the pipeline or a facility and:
(A) a building;
(B) the border of a
municipality, unincorporated community, or other commercial or residential
area;
(C) an outdoor area of
public assembly such as a playground, recreation area, or outdoor theater;
and
(D) a bay area, offshore
area, navigable waterway, source of drinking water, or other
environmentally or unusually sensitive area.
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No
equivalent provision.
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SECTION 5. The heading to
Section 121.201, Utilities Code, is amended.
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SECTION 3. Substantially the
same as introduced version.
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SECTION 6. Section 121.201,
Utilities Code, is amended by adding Subsection (f) to read as follows:
(f) To the extent
consistent with federal law, the railroad commission by rule may determine which facilities and activities are
subject to safety standards and practices subject to the power of the railroad commission under Subsection (a)
based on risk factors including:
(1) the date of installation of the pipeline or facility;
(2) the environment surrounding the pipeline or facility;
(3) the age of the pipe or facility;
(4) the pipe material, grade, and specified minimum yield strength;
(5) operating characteristics of the pipeline or facility;
(6) the composition of the fluid being transported; and
(7) the distance between the pipeline or a facility and:
(A) a building;
(B) the border of a municipality, unincorporated community, or other
commercial or residential area;
(C) an outdoor area of public assembly such as a playground,
recreation area, or outdoor theater; and
(D) a bay area, offshore area, navigable waterway, source of
drinking water, or other environmentally or unusually sensitive area.
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SECTION 4. Section 121.201,
Utilities Code, is amended by adding Subsection (f) to read as follows:
(f) To the extent
consistent with federal law, the railroad commission by rule may establish safety standards and practices for gathering facilities and transportation
activities in Class 1 locations, as defined by 49 C.F.R. Section 192.5,
based on the risks the facilities and activities present to the public
safety.
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SECTION 7. Not later than
December 1, 2013, the Railroad Commission of Texas shall adopt rules to
implement the changes in law made by this Act to Chapter 117, Natural
Resources Code, and Chapter 121, Utilities Code.
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SECTION 5. Same as introduced
version.
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No
equivalent provision.
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SECTION 6. Before September
1, 2015, the Railroad Commission of Texas may implement the changes in law
made by this Act to Chapter 117, Natural Resources Code, or Chapter 121,
Utilities Code, or rules adopted under those chapters, as amended by this
Act, only to require operators to make reports to the commission, including
telephonic reports, the commission determines are necessary to investigate
accidents, leaks, incidents, or complaints.
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SECTION 8. This Act takes
effect September 1, 2013.
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SECTION 7. Same as introduced
version.
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