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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 applicable to the transportation by |
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pipeline of hazardous liquids, carbon dioxide, and natural gas in |
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rural locations. |
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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. Sections 117.012(a), (b), and (h), Natural |
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Resources Code, are amended to read as follows: |
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(a) The commission shall adopt rules that include safety |
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standards [for and practices] applicable to the intrastate |
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transportation of hazardous liquids or carbon dioxide by pipeline |
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and intrastate hazardous liquid or carbon dioxide pipeline |
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facilities, including safety standards related to the prevention of |
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damage to such a facility resulting from the movement of earth by a |
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person in the vicinity of the facility, other than movement by |
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tillage that does not exceed a depth of 16 inches. Rules adopted |
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under this subsection that apply to the intrastate transportation |
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of hazardous liquids and carbon dioxide by gathering pipelines in |
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rural locations and intrastate hazardous liquid and carbon dioxide |
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gathering pipeline facilities in rural locations must be based only |
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on the risks the transportation and the facilities present to the |
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public safety, except that the commission shall revise the rules as |
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necessary to comply with Subsection (c) and to maintain the maximum |
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degree of federal delegation permissible under 49 U.S.C. Section |
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60101 et seq., or a succeeding law, if the federal government adopts |
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rules that include safety standards applicable to the |
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transportation and facilities. |
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(b) Rules that adopt safety standards do not apply to |
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[movement of hazardous liquids or carbon dioxide through gathering
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lines in 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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(h) The commission shall require operators of hazardous |
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liquid and carbon dioxide pipeline facilities or the [their] |
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designated representatives of such operators to communicate and |
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conduct liaison activities with fire, police, and other appropriate |
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public emergency response officials. The liaison activities must |
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be conducted by meetings in person except as provided by this |
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section. An operator or the operator's representative may conduct |
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required community liaison activities as provided by Subsection (i) |
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only if the operator or the operator's representative has made an |
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effort, by one of the following methods, to conduct a community |
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liaison meeting in person with the officials: |
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(1) mailing a written request for a meeting in person |
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to the appropriate officials by certified mail, return receipt |
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requested; |
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(2) sending a request for a meeting in person to the |
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appropriate officials by facsimile transmission; or |
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(3) making one or more telephone calls or e-mail |
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message transmissions to the appropriate officials to request a |
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meeting in person. |
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SECTION 3. 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 |
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UNDER DELEGATED FEDERAL AUTHORITY. |
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SECTION 4. Section 121.201(a), Utilities Code, is amended |
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to read as follows: |
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(a) The railroad commission may: |
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(1) by rule prescribe or adopt safety standards for |
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the transportation of gas and for gas pipeline facilities, |
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including safety standards related to the prevention of damage to |
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such a facility resulting from the movement of earth by a person in |
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the vicinity of the facility, other than movement by tillage that |
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does not exceed a depth of 16 inches; |
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(2) by rule require an operator that does not file |
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operator organization information under Section 91.142, Natural |
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Resources Code, to provide the information to the commission in the |
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form of an application; |
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(3) by rule require record maintenance and reports; |
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(4) inspect records and facilities to determine |
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compliance with safety standards prescribed or adopted under |
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Subdivision (1); |
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(5) make certifications and reports from time to time; |
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(6) seek designation by the United States secretary of |
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transportation as an agent to conduct safety inspections of |
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interstate gas pipeline facilities located in this state; [and] |
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(7) by rule take any other requisite action in |
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accordance with 49 U.S.C. Section 60101 et seq., or a succeeding |
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law; and |
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(8) by rule establish safety standards and practices |
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for gathering facilities and transportation activities in Class 1 |
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locations, as defined by 49 C.F.R. Section 192.5: |
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(A) based only on the risks the facilities and |
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activities present to the public safety, to the extent consistent |
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with federal law; or |
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(B) as necessary to maintain the maximum degree |
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of federal delegation permissible under 49 U.S.C. Section 60101 et |
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seq., or a succeeding law, if the federal government adopts safety |
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standards and practices for gathering facilities and |
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transportation activities in Class 1 locations, as defined by 49 |
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C.F.R. Section 192.5. |
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SECTION 5. Before September 1, 2015, the Railroad |
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Commission of Texas may implement the changes in law made by this |
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Act to Chapter 117, Natural Resources Code, or Chapter 121, |
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Utilities Code, or rules adopted under those chapters, as amended |
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by this Act, only: |
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(1) to provide a process for the commission to |
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investigate an accident, incident, complaint, or threat to public |
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safety related to operational safety and to require an operator to |
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submit a plan to remediate an accident, incident, complaint, or |
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threat; |
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(2) to require reports necessary to allow the |
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commission to investigate an accident, incident, complaint, or |
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threat to public safety related to operational safety; or |
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(3) to require operators to provide information to the |
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commission that the commission determines is necessary to determine |
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the risks presented to the public safety by: |
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(A) the intrastate transportation of hazardous |
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liquids and carbon dioxide by gathering pipeline facilities in |
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rural locations and intrastate hazardous liquid and carbon dioxide |
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gathering pipeline facilities in rural locations; and |
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(B) gas gathering facilities and transportation |
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activities in Class 1 locations, as defined by 49 C.F.R. Section |
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192.5. |
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SECTION 6. This Act takes effect September 1, 2013. |
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