Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3533 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1900 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3533
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Frank A. Moran
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act for field safety in gas infrastructure.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/15/2025 1 of 10
16	16	HOUSE DOCKET, NO. 1900 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3533
18	18	By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 3533) of
19	19	Frank A. Moran for legislation to provide for field safety in gas infrastructure by requiring that
20	20	the Department of Public Utilities promulgate regulations establishing requirements for the
21	21	maintenance, timely updating, accuracy, and security of gas LDC maps and records.
22	22	Telecommunications, Utilities and Energy.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act for field safety in gas infrastructure.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 164 of the General Laws is hereby amended by striking section
32	32	2144, as appearing in the 2016 Official Edition, and inserting in its place the following:
33	33	3 Section 144. (a) There shall be uniform natural gas leaks classification for all gas
34	34	4companies.
35	35	5 (b)(1) Gas companies shall assess a grade to all reported natural gas leaks based on the
36	36	6system provided in this section.
37	37	7 (2) A Grade 1 leak shall be a leak that represents an existing or probable hazard to
38	38	8persons or property. Grade 1 leaks require repair as immediately as possible and continuous
39	39	9action until the conditions are no longer hazardous. The gas company shall immediately schedule
40	40	10a completion of repairs and the condition shall be kept under continuous surveillance until the 2 of 10
41	41	11hazard or source of the leak is eliminated. Whenever appropriate and feasible, a gas company
42	42	12shall notify the fire department and chief law enforcement officer in each city or town where a
43	43	13Grade 1 leak is identified.
44	44	14 (3) A Grade 2 leak shall be a leak that is recognized as non-hazardous to persons or
45	45	15property at the time of detection, but justifies scheduled repair based on probable future hazard.
46	46	16The gas company shall repair Grade 2 leaks or replace the main within 6 months from the date
47	47	17the leak was classified; provided, however, that said repair or replacement may take place later
48	48	18than six months from the date the leak is classified, but no later than 12 months from the date the
49	49	19leak is classified, if any required permits for such repair or replacement are temporarily withheld
50	50	20consistent with a seasonal moratorium. All Grade 2 leaks shall be reevaluated by a gas company
51	51	21at least once every 6 months until eliminated; provided, however, that the frequency of
52	52	22reevaluation shall be determined by the location and magnitude of the leakage condition.
53	53	23 (4) A Grade 3 leak shall be a leak that is recognized as non-hazardous to persons or
54	54	24property at the time of detection and can be reasonably expected to remain non-hazardous. The
55	55	25gas company shall reevaluate Grade 3 leaks during the next scheduled survey, or within 12
56	56	26months from the date last evaluated, whichever occurs first, until the leak is eliminated or the
57	57	27main is replaced. A municipal or state public safety official may request a reevaluation of a
58	58	28Grade 3 leak prior to the next scheduled survey, or sooner than 12 months of the date last
59	59	29evaluated, if the official reasonably believes that the Grade 3 leak poses a threat to public safety.
60	60	30 (c)(1) Upon the undertaking of a significant project on a public way exposing confirmed
61	61	31natural gas infrastructure, and with sufficient notice, a municipality or the commonwealth shall
62	62	32submit written notification of the project to a gas company. The gas company shall survey the 3 of 10
63	63	33project area for the presence of Grade 1 or Grade 2 leaks and set repair and replacement
64	64	34schedules for all known or newly detected Grade 1 or Grade 2 leaks. The gas company shall
65	65	35ensure that any shut off valve in the significant project area has a gate box installed upon it or a
66	66	36reasonable alternative that would otherwise ensure continued public safety and that any critical
67	67	37valve that has not been inspected and tested within the past 12 months is verified to be
68	68	38operational and accessible. The gas company shall provide the repair and replacement schedule
69	69	39of gas leaks to the municipality or the commonwealth.
70	70	40 (2) Upon the undertaking of any planned project involving excavation for purposes of
71	71	41performing maintenance on or construction involving any gas mains or services by gas company
72	72	42employees, or any blasting work, the gas company shall ensure that its employees first locate and
73	73	43identify and mark all gas gates and valves, and verify that all are cleared, operational and
74	74	44accessible in clear sight at ground level in advance of any excavation; and that said gas gates and
75	75	45valves are left cleared, and operational following any such project.
76	76	46 (3) The gas company shall ensure that any shut off valve in the significant project area
77	77	47has a gate box installed upon it by its employees to ensure continued public safety.
78	78	48 (4) Failure to undertake verification that gas gates and valves have been cleared, and are
79	79	49both operational and accessible prior to the start of and following an excavation, or blasting
80	80	50work, shall be subject to a fine of up to $10,000.
81	81	51  (d) Gas companies shall prioritize any pipeline repairs required under this section for gas
82	82	52leaks detected within a school zone. For the purposes of this section, ''school zone'' shall mean on
83	83	53or within 50 feet of the real property comprising a public or private accredited preschool,
84	84	54accredited Head Start facility, elementary, vocational or secondary school. 4 of 10
85	85	55 (e) As part of the annual service quality standards report required by section 1I, each gas
86	86	56company shall report to the department the location of each Grade 1, Grade 2 and Grade 3 leak
87	87	57existing as of the date of the report, the date each Grade 1, Grade 2 and Grade 3 leak was
88	88	58classified and the dates of repairs performed on each Grade 1, Grade 2 and Grade 3 leak. A gas
89	89	59company shall specify any reclassification of previously identified leaks in its annual report. Gas
90	90	60leak information shall be made available to any municipal or state public safety official upon
91	91	61written request to the department.
92	92	62 (f) The department shall promulgate regulations necessary to implement the uniform
93	93	63natural gas leak classifications as specified in this section and shall oversee and monitor
94	94	64company response and reporting.
95	95	65 (g) Each LDC will maintain an accurate and timely record of any Grade 3 leaks that,
96	96	66upon re-inspection, are upgraded to a Grade 1 or 2 leak. The DPU shall establish a service
97	97	67quality metric for the same, and each LDC will report any upgrades of Grade 3 leaks to the DPU
98	98	68on a monthly basis.
99	99	69 (h) As a condition of receiving Chapter 90 funding for any project on a public way, a gas
100	100	70LDC shall undertake an inspection of the areas surrounding the gas infrastructure through a
101	101	71mobile survey to determine whether any gas leaks exist prior to embarking on the road project.
102	102	72 (i) The DPU shall promulgate regulations establishing requirements for the maintenance,
103	103	73timely updating, accuracy, and security of gas LDC maps and records. Such regulations shall be
104	104	74promulgated and implemented no later than January 1, 2026.
105	105	75 (j) Disruptions in the provision of electronic data, including but not limited to, maps and
106	106	76records relevant to inspections, maintenance, repairs, and construction to its in-house workforce 5 of 10
107	107	77and contractors, lasting more than 30 minutes to field personnel and field contractors will be
108	108	78incorporated as a metric in the DPU’s service quality indicators for LDCs.
109	109	79 SECTION 2. Chapter 164 of the General Laws is hereby amended by inserting after
110	110	80section 115A, as appearing in the 2018 Official Edition, the following sections:
111	111	81 § 115B. Inspection and Repair of Piping Adjacent to Inside Meter
112	112	82 The DPU shall promulgate regulations establishing: (1) inspection and reporting
113	113	83requirements for the inspection of pipe, including both the gas LDC’s service line connected to
114	114	84an inside meter from the pipeline, and (2) notice to occupants of the inspection process and any
115	115	85findings resulting therefrom, and (3) repair/replacement requirements when a hazard is
116	116	86discovered.
117	117	87 Section 105C. Minimum State Standards for the Transportation of Natural and Other Gas
118	118	88by Pipeline
119	119	89 Every gas piping system shall be constructed, operated, and maintained in compliance
120	120	90with federal pipeline safety standards as set forth in 49 CFR Part 192: Transportation of Natural
121	121	91and Other Gas by Pipeline: Minimum Federal Safety Standards (MFS Standards)
122	122	92 Notwithstanding any general or special law to the contrary, the department of public
123	123	93utilities may establish pipeline safety standards that exceed those set forth in 49 CFR Part 192. In
124	124	94establishing such standards, the department may consider recommended practices issued by
125	125	95industry or non-profit organizations.
126	126	96 Section 105D. The department of public utilities shall promulgate regulations for the
127	127	97purpose of improving emergency preparedness and response during emergency situations 6 of 10
128	128	98concerning the transportation or distribution of gas. These regulations shall address
129	129	99communication and coordination between the Commonwealth, municipalities, and other
130	130	100governmental entities. These regulations shall be promulgated no later than December 31, 2026.
131	131	101 SECTION 3. The Department shall establish rules and regulations by which the
132	132	102qualifications of contractors shall be evaluated.
133	133	103 Contractors who wish to be eligible to receive contracts with a gas company to perform
134	134	104gas work shall be required to register and provide all required documentation to meet
135	135	105certification requirements with the DPU on an annual basis.
136	136	106 SECTION 4. Notwithstanding any general or special law to the contrary, the department
137	137	107of public utilities shall conduct, publish, and periodically update a study detailing the degree to
138	138	108which each gas piping system operator adhered to the department’s safety standards, reviewing
139	139	109the efficacy of said standards in protecting the physical health and financial prosperity of the
140	140	110Commonwealth’s residents, and analyzing recent advancements made in the theory and practice
141	141	111of pipeline safety and operation. The report shall include recommendations to be made by the
142	142	112state legislature or an executive branch entity that would enhance the safety of gas piping
143	143	113systems by utilizing any theoretical or practical advancements in safety analyzed within it. The
144	144	114department may conduct field audits of gas companies operating in the Commonwealth to ensure
145	145	115compliance with all applicable statutes and regulations, and shall include the results of any such
146	146	116audits in the study required under this section or any subsequent updates to said study. The
147	147	117department shall publish the study no later than 1 year after the effective date of this act and shall
148	148	118there publish revisions of the study not less than every 36 months. Said study shall be submitted 7 of 10
149	149	119to the clerks of the house and senate, as well as to the joint committee on telecommunications,
150	150	120utilities and energy.
151	151	121 SECTION 5. Section 185 of chapter 149 of the General Laws, as so appearing, is hereby
152	152	122amended by inserting the following definition:-
153	153	123 “Public utility employer,” a gas and electricity public utility provider.
154	154	124 and hereby further amended by inserting in lines 4, 20, 24, 29, 32, 33, 42, 43, 57, 61, 79,
155	155	12584, 88, 89, 97, 99, and 103 after the word “employer” in each instance thereof the following:- or
156	156	126public utility employer
157	157	127 and hereby further amended by inserting in lines 34 and 44 after the word “relationship”
158	158	128in each instance thereof the following:- including private contractors hired to perform work
159	159	129customarily performed by employees of public utility employers.
160	160	130 SECTION 6. Section 1F of said chapter 164, as so appearing, is hereby amended by
161	161	131adding the following:-
162	162	132 (h) The department shall ensure that all written complaints under this section received
163	163	133from customers and the public regarding gas providers are investigated and a response to the
164	164	134complainant provided in a timely manner. The department shall establish a publicly accessible
165	165	135database of all complaints received, noting the category of complaint, the date it was received,
166	166	136the steps taken to address the complaint and that date it was resolved.
167	167	137 SECTION 7. Section 1E of chapter 164 of the General Laws, as so appearing, is hereby
168	168	138amended in line 12 by inserting after the word “levels” the following:- , public safety measures,. 8 of 10
169	169	139 SECTION 8. Section 145 of chapter 164 of the General Laws, as so appearing, is hereby
170	170	140amended in line 33 by striking the word “and”, and in line 34 by inserting after the word “plan”:-
171	171	141(vii) the relocations of a meter located inside of a structure to the outside of said structure for the
172	172	142purpose of improving public safety.
173	173	143 SECTION 9. Section 145 of said chapter 164, as so appearing, is hereby amended by
174	174	144striking out subsection (b) and inserting in place thereof the following subsection:-
175	175	145 (b) A gas company shall file with the department a plan to address aging or leaking
176	176	146natural gas infrastructure within the commonwealth and the leak rate on the gas company's
177	177	147natural gas infrastructure in the interest of public safety and reducing lost and unaccounted for
178	178	148natural gas through a reduction in natural gas system leaks. Each company's gas infrastructure
179	179	149plan shall include interim targets for the department's review. The department shall review these
180	180	150interim targets to ensure each gas company is meeting the appropriate pace to reduce the leak
181	181	151rate on and to replace the gas company's natural gas infrastructure in a safe and timely manner.
182	182	152The interim targets shall be for periods of not to exceed five years. The gas companies shall
183	183	153incorporate these interim targets into timelines for removing all leak-prone infrastructure filed
184	184	154pursuant to subsection(c) and may update them based on overall progress. The department may
185	185	155levy a penalty against any gas company which fails to meet its interim target in an amount up to
186	186	156and including the equivalent of 2.5 per cent of such gas company's transmission and distribution
187	187	157service revenues for the previous calendar year.
188	188	158 SECTION 10. The second paragraph of subsection (c) of said section 145 of said chapter
189	189	159164, as so appearing, is hereby amended by striking out the first sentence and inserting in place
190	190	160thereof the following sentence:- 9 of 10
191	191	161 As part of each plan filed under this section, a gas company shall include a timeline for
192	192	162removing all leak-prone infrastructure on an accelerated basis specifying an annual replacement
193	193	163pace and program end date with a target end date of either (i) not more than 20 years from the
194	194	164filing of a gas company's initial plan, or (ii) a reasonable target end date considering the
195	195	165allowable recovery cap established pursuant to subsection (f).
196	196	166 SECTION 11. Said chapter 82 is hereby amended by striking out section 40E, as so
197	197	167appearing, and inserting in place thereof the following section:-
198	198	168 Section 40E. Any person or company found by the department, after a hearing, to have
199	199	169violated any provision of sections 40A to 40E, inclusive, shall be fined not more than $200,000;
200	200	170provided that nothing herein shall be construed to require the forfeiture of any penal sum by a
201	201	171residential property owner for the failure to pre-mark for an excavation on such person's
202	202	172residential property.
203	203	173 SECTION 12. Section 1J of chapter 164 of the General Laws, as so appearing, is hereby
204	204	174amended by striking out, in line 5, the figure "250,000" and inserting in place thereof the
205	205	175following figure:- 500,000.
206	206	176 SECTION 13. Said section 1J of said chapter 164, as so appearing, is hereby further
207	207	177amended by striking out, in line 8, the figure "20,000,000" and inserting in place thereof the
208	208	178following figure:-
209	209	179 50,000,000.
210	210	180 SECTION 14. Section 105A of said chapter 164, as so appearing, is hereby amended by
211	211	181striking out, in lines 21 to 23, inclusive, the words "as specified in 49 U.S.C. section 60122(a)(1) 10 of 10
212	212	182or any successor statute enacted into federal law for the same purposes as said section
213	213	18360122(a)(1)" and inserting in place thereof the following words:- of not more than $500,000 for
214	214	184each violation; provided, however, that the maximum civil penalty under this section for a
215	215	185related series of violations shall be $10,000,000; and, provided further that the dollar limits in
216	216	186this sentence shall be doubled in the event that the department determines that the violator has
217	217	187engaged in one or more similar violations in the three years preceding the violation. A separate
218	218	188violation occurs for each day the violation continues.