This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0081.ECC
DATE: 11/13/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 81 Civil Penalties Under The Gas Safety Law of 1967
SPONSOR(S): Brackett
TIED BILLS: IDEN./SIM. BILLS: SB 366
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Energy, Communications & Cybersecurity
Subcommittee
Phelps Keating
2) Commerce Committee
SUMMARY ANALYSIS
The Gas Safety Law of 1967 (Gas Safety Law) authorizes the Public Service Commission (PSC) to regulate
the safe transmission and distribution of natural gas in Florida. The PSC has the power to perform any and
all acts necessary or appropriate to enforce compliance with the Gas Safety Law, which includes imposing
maximum civil penalties. The current maximum civil penalties are $25,000 for each violation of the Gas
Safety Law and $500,000 for any related series of violations.
The federal counterpart to Florida’s Gas Safety Law, the Pipeline Safety Act, authorizes the U.S. Department
of Transportation/Pipeline and Hazardous Materials Safety Administration (PHMSA) to implement federal
pipeline safety standards for interstate and intrastate gas pipelines. PHMSA’s current maximum civil penalty
amounts are $257,664 for each pipeline safety violation and $2,576,627 for any related series of violations.
The Pipeline Safety Act allows states to assume authority over intrastate gas pipelines subject to annual
certifications with PHMSA. The PSC is currently the state agency certified by PHMSA to exercise this
authority. However, the PSC received a letter this year stating that its certification is at risk due to Florida’s
lower civil penalties compared to those of PHMSA, which may reduce the PSC’s enforcement capabilities.
The bill increases the maximum monetary penalties for violations of the Gas Safety Law to mirror those
currently used by PHMSA.
The maximum daily penalty is increased from $25,000 to $257,664.
The maximum aggregate penalty cap is increased from $500,000 to $2,576,627 for any related series
of violations.
The bill does not impose any compliance costs but may increase costs on private sector and local
government entities that commit violations.
The bill provides an effective date of July 1, 2024.
STORAGE NAME: h0081.ECC PAGE: 2
DATE: 11/13/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Federal Law
The U.S. Department of Transportation/Pipeline and Hazardous Materials Safety Administration
(PHMSA) implements federal pipeline safety standards for interstate and intrastate gas pipelines,
hazardous liquid pipelines, and underground natural gas storage under the Pipeline Safety Act.
1
The
Pipeline Safety Act authorizes state assumption of the intrastate regulatory, inspection, and
enforcement responsibilities subject to an annual certification with PHMSA.
2
State agencies must
adopt standards that comply with the Pipeline Safety Act to qualify for certification.
3
A state agency that does not satisfy the criteria for certification may enter into an agreement with
PHMSA to undertake certain aspects of the natural gas safety programs for intrastate facilities on behalf
of PHMSA.
4
The state agency under such an agreement would conduct safety inspections and identify
violations, and PHMSA would enforce those violations.
5
PHMSA may enforce these violations by
issuing warnings, compliance orders, and civil penalties.
6
Federal agencies are required to adjust minimum and maximum civil penalty amounts based upon
inflationary measures to preserve the penalty’s deterrent impact.
7
As a result, in 2023 PHMSA
increased the maximum penalty for daily violations of the Pipeline Safety Act to $257,664 and the
total maximum penalty for any related series of violations to $2,576,627.
8
Florida Law
The Gas Safety Law authorizes the Public Service Commission (PSC) to regulate the safe
transmission and distribution of natural gas in Florida.
9
The Gas Safety Law grants the PSC exclusive
jurisdiction over “all persons, corporations, partnerships, associations, public agencies, municipalities,
or other legal entities engaged in the operation of gas transmission or distribution facilities with
respect to their compliance with the rules and regulations governing safety standards.”
10
The PSC has rulemaking authority to implement the Gas Safety Law
11
and promulgates rules
covering the design, improvement, fabrication, installation, inspection, repair, reporting, testing, and
safety standards of gas transmission and gas distribution systems.
12
The PSC is currently the state
agency certified by PHMSA to inspect and enforce intrastate gas pipelines.
13
1
See 49 U.S.C. §§ 60102-60143.
2
49 U.S.C. §§ 60105(e), 60106(d).
3
49 U.S.C. § 60105(b).
4
49 U.S.C. § 60106(d).
5
Id.
6
See 49 C.F.R §§ 190.201-190.243 (2023).
7
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Pub. L. 114-74, 129 Stat. 599, 114th
Congress, (Nov. 2, 2015).
8
49 C.F.R § 190.223(a) (2023).
9
S. 368.01-061, F.S.
10
S. 368.05(1), F.S.; see also S. 368.021, F.S. (providing more entities subject to PSC jurisdiction).
11
S. 368.03, F.S.; S. 368.05(2), F.S.
12
See ch. 25-12, F.A.C.
13
Florida Public Service Commission, Agency Analysis of 2023 House Bill 81, p. 2 (October 26, 2023). STORAGE NAME: h0081.ECC PAGE: 3
DATE: 11/13/2023
The PSC has the power to perform any and all acts necessary or appropriate to enforce compliance
with the Gas Safety Law and the Pipeline Safety Act,
14
including imposing civil penalties for
noncompliance.
15
Any person who violates the Gas Safety Law is subject to a maximum daily penalty
of $25,000 for each violation.
16
The total maximum penalty for any related series of violations is
$500,000.
17
PHMSA’s Annual Certification of PSC
PHMSA conducts annual “Progress Reports” to determine whether a state complies with the Pipeline
Safety Act and qualifies for certification and grant funds.
18
The Progress Report assigns points to
different areas of compliance, including civil penalty thresholds.
19
The PSC received a four-point
deduction on its 2022 Progress Report due to Florida’s lower civil penalty amounts compared to those
of PHMSA.
20
The continued loss of points may result in a reduced certification that removes the
PSC’s enforcement capabilities.
21
Effect of Bill
The bill increases the maximum monetary penalties for any violation of the Gas Safety Law by
mirroring those currently used by PHMSA. The maximum daily penalty is increased from $25,000 to
$257,664. The maximum aggregate penalty cap is increased from $500,000 to $2,576,627 for any
related series of violations. The bill provides that the new penalties will take effect July 1, 2024.
The bill may assist the state in maintaining its certification by PHMSA to enforce the Pipeline Safety
Act and the Gas Safety Law.
B. SECTION DIRECTORY:
Section 1: Amends s. 368.061, F.S., relating to penalties for violations of the Gas Safety Law.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
14
S. 368.05(2), F.S. (stating that the PSC may require repairs and improvements
15
S. 368.061(1), F.S.
16
Id.
17
Id.
18
Email from Zach Barrett of the U.S. Dep’t of Transportation to Andrew Giles Fay, Chairman of the Florida PSC (May
23, 2023), at 1.
19
Id. at 2; see also 49 U.S.C. § 60105(b)(7) (stating that States have discretion to enforce civil penalties substantially the
same as those provided by PHMSA).
20
Id.
21
Id. STORAGE NAME: h0081.ECC PAGE: 4
DATE: 11/13/2023
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill does not impose additional compliance costs. However, the bill may impact private sector
entities if the PSC assesses penalties on such entities above the current statutory limit.
D. FISCAL COMMENTS:
The bill does not impose additional compliance costs on local governments. However, the bill may
increase fiscal impacts on local government-owned entities subject to PSC jurisdiction if the PSC
assesses penalties on such entities above the current statutory limit.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
PHMSA is required to increase the maximum civil penalties based upon inflationary measures, and
may be required to increase the penalty amounts in the future. This may require subsequent
amendments to the civil penalties in Florida’s Gas Safety Law.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.