Texas 2009 - 81st Regular

Texas Senate Bill SB2401 Compare Versions

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

Old	New	Differences
1	1	2009S0636-1 03/10/09
2	2	By: Davis S.B. No. 2401
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to detecting and repairing leakage from natural gas
8	8	pipelines.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 91, Natural Resources Code, is amended
11	11	by adding Subchapter I to read as follows:
12	12	SUBCHAPTER I. REMEDIATING GRADE 1 GAS LEAKAGE
13	13	Sec. 91.301. DEFINITION. In this subchapter, "operator"
14	14	means an operator of a gas distribution system, a regulated plastic
15	15	gas gathering line, or a plastic gas transmission line.
16	16	Sec. 91.302. OPERATOR RESPONSE TO GAS LEAKAGE; GRADING.
17	17	(a) An operator shall promptly respond to any notification it
18	18	receives of:
19	19	(1) a gas leak or gas odor emanating from any of its
20	20	pipeline facilities; or
21	21	(2) damage to the facilities caused by excavators or
22	22	other outside sources.
23	23	(b) A response under Subsection (a) must include a grading
24	24	of any gas leakage, performed only by individuals who possess
25	25	training, experience, and knowledge in the field of leak
26	26	classification and investigation, including extensive association
27	27	with actual leakage work.
28	28	(c) The assessment made by individuals described by
29	29	Subsection (b), based on all pertinent information and a complete
30	30	leakage investigation at the scene, shall form the basis for the
31	31	leak grade determination.
32	32	(d) If the leak is determined to be Grade 1, as described by
33	33	Section 912.303, the operator shall immediately take any of the
34	34	appropriate actions prescribed by Subsection (b) of that section.
35	35	(e) An operator shall ensure that its leak detection
36	36	equipment is properly calibrated.
37	37	Sec. 912.303. GRADE 1 LEAK. (a) A Grade 1 leak is an
38	38	existing or a probable hazard to persons or property and requires
39	39	the operator to take immediate action to eliminate the hazard and
40	40	make repairs. A Grade 1 leak includes:
41	41	(1) any leak which, in the judgment of operating
42	42	personnel at the scene, is regarded as an immediate hazard;
43	43	(2) escaping gas that has ignited;
44	44	(3) any indication of gas that has migrated into or
45	45	under a building or into a tunnel;
46	46	(4) any reading at the outside wall of a building, or
47	47	where gas would likely migrate to an outside wall of a building;
48	48	(5) any reading of 80 percent lower explosive limit or
49	49	greater in a confined space;
50	50	(6) any reading of 80 percent lower explosive limit or
51	51	greater in small substructures, other than gas-associated
52	52	substructures, from which gas would likely migrate to the outside
53	53	wall of a building; or
54	54	(7) any leak that can be seen, heard, or felt and that
55	55	is in a location that may endanger property or the public.
56	56	(b) A Grade 1 leak requires that the operator take prompt
57	57	action to eliminate the hazardous conditions. The prompt action
58	58	may require one or more of the following:
59	59	(1) implementing an emergency plan, as described by 49
60	60	C.F.R. Section 192.615;
61	61	(2) evacuating premises;
62	62	(3) blocking off an area;
63	63	(4) rerouting traffic;
64	64	(5) eliminating sources of ignition;
65	65	(6) venting the area by removing manhole covers,
66	66	barholing, installing vent holes, or other means;
67	67	(7) stopping the flow of gas by closing valves or other
68	68	means; or
69	69	(8) notifying emergency responders.
70	70	Sec. 912.304. REPORTING OF GRADE 1 LEAKS. An operator shall
71	71	submit to the commission a list of all Grade 1 leaks:
72	72	(1) repaired on its pipeline facilities; and
73	73	(2) identified on any of its pipeline facilities.
74	74	(c) The operator shall submit leak reports, using the
75	75	commission's online reporting system, by July 15 and January 15 of
76	76	each calendar year, in accordance with the Form PS-95 semiannual
77	77	leak report electronic filing requirements.
78	78	(d) The report to be submitted on July 15 shall include
79	79	information from the previous January 1 through the previous June
80	80	30. The report to be submitted on January 15 shall include
81	81	information from the previous July 1 through the previous December
82	82	31.
83	83	(e) The report shall include:
84	84	(1) leak location;
85	85	(2) facility type;
86	86	(3) pipe size;
87	87	(4) pipe type;
88	88	(5) leak cause; and
89	89	(6) leak repair method.
90	90	Sec. 912.305. COMMISSION VERIFICATION OF GRADE 1 LEAK
91	91	REPAIR. (a) The commission shall verify, within a reasonable time
92	92	after a report is submitted under Section 912.304, that all repairs
93	93	to Grade 1 leaks were performed as reported.
94	94	(b) The commission shall adopt rules specifying the time
95	95	frame during which the commission will perform a verification under
96	96	this section.
97	97	Sec. 912.306. RESULTS OF VERIFICATION REPORTED TO LOCAL
98	98	ENTITIES. The commission shall report its findings in connection
99	99	with the verification performed under Section 912.305 to:
100	100	(1) the city councilperson and county commissioner who
101	101	represent the area in which the Grade 1 leak is located; and
102	102	(2) the operator of the pipeline facility where the
103	103	leak occurred.
104	104	SECTION 2. The Railroad Commission of Texas shall develop
105	105	rules required under Subchapter I, Chapter 91, Natural Resources
106	106	Code, as added by this Act, as soon as practicable after the
107	107	effective date of this Act.
108	108	SECTION 3. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2009.