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A BILL TO BE ENTITLED
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AN ACT
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relating to the power of the Railroad Commission of Texas to adopt |
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and enforce safety standards and practices applicable to the |
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transportation by pipeline of certain substances and to certain |
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pipeline facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 117.011, Natural |
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Resources Code, is amended to read as follows: |
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Sec. 117.011. JURISDICTION UNDER DELEGATED FEDERAL |
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AUTHORITY. |
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SECTION 2. Subchapter B, Chapter 117, Natural Resources |
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Code, is amended by adding Section 117.0111 to read as follows: |
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Sec. 117.0111. ADDITIONAL JURISDICTION. (a) For the |
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purposes of this section, notwithstanding Section 117.001(3), |
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"transportation of hazardous liquids or carbon dioxide" means the |
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movement of hazardous liquids or carbon dioxide by pipeline, or |
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their storage incidental to movement, except that it does not |
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include production, refining, or manufacturing facilities or |
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storage or in-plant piping systems associated with any of those |
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facilities. |
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(b) Except as otherwise provided by federal law, the |
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commission has jurisdiction over all pipeline transportation of |
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hazardous liquids or carbon dioxide and over all hazardous liquid |
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or carbon dioxide pipeline facilities, including the movement of |
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hazardous liquids or carbon dioxide through gathering lines in |
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rural locations or production, refining, or manufacturing |
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facilities or storage or in-plant piping systems associated with |
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any of those facilities. |
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SECTION 3. Sections 117.012(b) and (c), Natural Resources |
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Code, are amended to read as follows: |
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(b) Rules the commission adopts under the jurisdiction |
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granted under Section 117.011 on [that adopt] safety standards do |
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not apply to movement of hazardous liquids or carbon dioxide |
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through gathering lines in rural locations or production, refining, |
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or manufacturing facilities or storage or in-plant piping systems |
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associated with any of those facilities. |
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(c) The safety standards adopted by the commission in its |
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rules under the jurisdiction granted under Section 117.011 must be |
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compatible with those standards established by the United States |
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secretary of transportation under the Hazardous Liquid Pipeline |
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Safety Act of 1979 (Pub.L.No. 96-129). |
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SECTION 4. Subchapter B, Chapter 117, Natural Resources |
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Code, is amended by adding Section 117.0125 to read as follows: |
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Sec. 117.0125. RULES UNDER ADDITIONAL JURISDICTION. The |
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commission by rule shall establish factors for determining whether |
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the commission will regulate a pipeline or facility under the |
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jurisdiction granted under Section 117.0111. The factors must |
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include: |
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(1) the date of installation of the pipeline or |
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facility; |
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(2) the environment surrounding the pipeline or |
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facility; |
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(3) the age of the pipe or facility; |
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(4) the pipe material, grade, and specified minimum |
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yield strength; |
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(5) operating characteristics of the pipeline or |
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facility; |
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(6) the composition of the fluid being transported; |
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and |
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(7) the distance between the pipeline or a facility |
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and: |
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(A) a building; |
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(B) the border of a municipality, unincorporated |
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community, or other commercial or residential area; |
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(C) an outdoor area of public assembly such as a |
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playground, recreation area, or outdoor theater; and |
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(D) a bay area, offshore area, navigable |
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waterway, source of drinking water, or other environmentally or |
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unusually sensitive area. |
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SECTION 5. The heading to Section 121.201, Utilities Code, |
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is amended to read as follows: |
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Sec. 121.201. SAFETY RULES: RAILROAD COMMISSION POWER UNDER |
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DELEGATED FEDERAL AUTHORITY. |
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SECTION 6. Section 121.201, Utilities Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) To the extent consistent with federal law, the railroad |
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commission by rule may determine which facilities and activities |
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are subject to safety standards and practices subject to the power |
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of the railroad commission under Subsection (a) based on risk |
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factors including: |
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(1) the date of installation of the pipeline or |
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facility; |
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(2) the environment surrounding the pipeline or |
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facility; |
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(3) the age of the pipe or facility; |
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(4) the pipe material, grade, and specified minimum |
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yield strength; |
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(5) operating characteristics of the pipeline or |
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facility; |
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(6) the composition of the fluid being transported; |
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and |
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(7) the distance between the pipeline or a facility |
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and: |
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(A) a building; |
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(B) the border of a municipality, unincorporated |
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community, or other commercial or residential area; |
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(C) an outdoor area of public assembly such as a |
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playground, recreation area, or outdoor theater; and |
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(D) a bay area, offshore area, navigable |
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waterway, source of drinking water, or other environmentally or |
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unusually sensitive area. |
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SECTION 7. Not later than December 1, 2013, the Railroad |
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Commission of Texas shall adopt rules to implement the changes in |
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law made by this Act to Chapter 117, Natural Resources Code, and |
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Chapter 121, Utilities Code. |
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SECTION 8. This Act takes effect September 1, 2013. |