81R9967 SMH-F
By: Gonzalez Toureilles H.B. No. 4441
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Railroad Commission of Texas to
establish standards regarding certain pipelines and appurtenant
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 81, Natural Resources
Code, is amended by adding Section 81.062 to read as follows:
Sec. 81.062. STANDARDS REGARDING PIPELINES AND APPURTENANT
FACILITIES. (a) The commission has exclusive original jurisdiction
to establish standards regarding the following matters in
connection with natural gas, liquid hydrocarbon, hazardous
materials, and gathering pipelines and all facilities appurtenant
to those pipelines:
(1) design;
(2) installation;
(3) operation;
(4) environmental controls, other than environmental
controls under the jurisdiction of the Texas Commission on
Environmental Quality;
(5) screening;
(6) noise suppression; and
(7) maintenance.
(b) In establishing standards under this section, the
commission shall:
(1) encourage the use of public streets, roads,
highways, and other public rights-of-way in connection with
pipelines and appurtenant facilities if:
(A) adequate space exists for an additional
pipeline or appurtenant facility in the right-of-way; and
(B) that use is practical and economically
reasonable; and
(2) require pipeline operators to minimize, to the
extent practical and economically reasonable, the effect of their
pipelines and appurtenant facilities on existing land use.
(c) A state agency, county, or municipality with
jurisdiction over public streets, roads, highways, or other public
rights-of-way may not prohibit the use of those rights-of-way for
pipelines or appurtenant facilities but may impose reasonable
conditions on that use.
(d) In establishing standards under this section applicable
to pipelines and appurtenant facilities located in the boundaries
of municipalities, the commission shall request and consider the
input of municipalities.
(e) The commission shall establish a procedure by which a
municipality or pipeline operator may obtain a waiver of a standard
established under this section. A request for a waiver may propose
the imposition of additional standards or the preclusion of the
application of an existing standard with regard to a specific
pipeline or appurtenant facility. The commission may grant a
waiver only after finding that:
(1) the waiver is in the public interest, taking into
consideration the interest of the general public and the interest
of the members of the public in the area traversed by the pipeline
with regard to which the waiver is sought;
(2) granting the waiver will not impose an undue
burden on the pipeline and its operation; and
(3) granting the waiver will not result in an undue
burden on the development of the natural resources of this state.
(f) The commission shall grant or deny a waiver not later
than the 60th day after the date the request for the waiver is filed
with the commission.
(g) The commission may delegate authority to grant or deny a
waiver to the director of the gas services division of the
commission.
(h) The commission may adopt rules related to standards
described by Subsection (a) as it determines necessary.
(i) The commission may impose an administrative penalty for
a violation of a rule adopted under this section in the manner and
amount provided by Sections 81.0531-81.0534.
SECTION 2. This Act takes effect September 1, 2009.