2009S0636-1 03/10/09
By: Davis S.B. No. 2401
A BILL TO BE ENTITLED
AN ACT
relating to detecting and repairing leakage from natural gas
pipelines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 91, Natural Resources Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. REMEDIATING GRADE 1 GAS LEAKAGE
Sec. 91.301. DEFINITION. In this subchapter, "operator"
means an operator of a gas distribution system, a regulated plastic
gas gathering line, or a plastic gas transmission line.
Sec. 91.302. OPERATOR RESPONSE TO GAS LEAKAGE; GRADING.
(a) An operator shall promptly respond to any notification it
receives of:
(1) a gas leak or gas odor emanating from any of its
pipeline facilities; or
(2) damage to the facilities caused by excavators or
other outside sources.
(b) A response under Subsection (a) must include a grading
of any gas leakage, performed only by individuals who possess
training, experience, and knowledge in the field of leak
classification and investigation, including extensive association
with actual leakage work.
(c) The assessment made by individuals described by
Subsection (b), based on all pertinent information and a complete
leakage investigation at the scene, shall form the basis for the
leak grade determination.
(d) If the leak is determined to be Grade 1, as described by
Section 912.303, the operator shall immediately take any of the
appropriate actions prescribed by Subsection (b) of that section.
(e) An operator shall ensure that its leak detection
equipment is properly calibrated.
Sec. 912.303. GRADE 1 LEAK. (a) A Grade 1 leak is an
existing or a probable hazard to persons or property and requires
the operator to take immediate action to eliminate the hazard and
make repairs. A Grade 1 leak includes:
(1) any leak which, in the judgment of operating
personnel at the scene, is regarded as an immediate hazard;
(2) escaping gas that has ignited;
(3) any indication of gas that has migrated into or
under a building or into a tunnel;
(4) any reading at the outside wall of a building, or
where gas would likely migrate to an outside wall of a building;
(5) any reading of 80 percent lower explosive limit or
greater in a confined space;
(6) any reading of 80 percent lower explosive limit or
greater in small substructures, other than gas-associated
substructures, from which gas would likely migrate to the outside
wall of a building; or
(7) any leak that can be seen, heard, or felt and that
is in a location that may endanger property or the public.
(b) A Grade 1 leak requires that the operator take prompt
action to eliminate the hazardous conditions. The prompt action
may require one or more of the following:
(1) implementing an emergency plan, as described by 49
C.F.R. Section 192.615;
(2) evacuating premises;
(3) blocking off an area;
(4) rerouting traffic;
(5) eliminating sources of ignition;
(6) venting the area by removing manhole covers,
barholing, installing vent holes, or other means;
(7) stopping the flow of gas by closing valves or other
means; or
(8) notifying emergency responders.
Sec. 912.304. REPORTING OF GRADE 1 LEAKS. An operator shall
submit to the commission a list of all Grade 1 leaks:
(1) repaired on its pipeline facilities; and
(2) identified on any of its pipeline facilities.
(c) The operator shall submit leak reports, using the
commission's online reporting system, by July 15 and January 15 of
each calendar year, in accordance with the Form PS-95 semiannual
leak report electronic filing requirements.
(d) The report to be submitted on July 15 shall include
information from the previous January 1 through the previous June
30. The report to be submitted on January 15 shall include
information from the previous July 1 through the previous December
31.
(e) The report shall include:
(1) leak location;
(2) facility type;
(3) pipe size;
(4) pipe type;
(5) leak cause; and
(6) leak repair method.
Sec. 912.305. COMMISSION VERIFICATION OF GRADE 1 LEAK
REPAIR. (a) The commission shall verify, within a reasonable time
after a report is submitted under Section 912.304, that all repairs
to Grade 1 leaks were performed as reported.
(b) The commission shall adopt rules specifying the time
frame during which the commission will perform a verification under
this section.
Sec. 912.306. RESULTS OF VERIFICATION REPORTED TO LOCAL
ENTITIES. The commission shall report its findings in connection
with the verification performed under Section 912.305 to:
(1) the city councilperson and county commissioner who
represent the area in which the Grade 1 leak is located; and
(2) the operator of the pipeline facility where the
leak occurred.
SECTION 2. The Railroad Commission of Texas shall develop
rules required under Subchapter I, Chapter 91, Natural Resources
Code, as added by this Act, as soon as practicable after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.