83R6216 JXC-F
By: Keffer H.B. No. 2982
A BILL TO BE ENTITLED
AN ACT
relating to the power of the Railroad Commission of Texas to adopt
and enforce safety standards and practices applicable to the
transportation by pipeline of certain substances and to certain
pipeline facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 117.011, Natural
Resources Code, is amended to read as follows:
Sec. 117.011. JURISDICTION UNDER DELEGATED FEDERAL
AUTHORITY.
SECTION 2. Subchapter B, Chapter 117, Natural Resources
Code, is amended by adding Section 117.0111 to read as follows:
Sec. 117.0111. ADDITIONAL JURISDICTION. (a) For the
purposes of this section, notwithstanding Section 117.001(3),
"transportation of hazardous liquids or carbon dioxide" means the
movement of hazardous liquids or carbon dioxide by pipeline, or
their storage incidental to movement, except that it does not
include production, refining, or manufacturing facilities or
storage or in-plant piping systems associated with any of those
facilities.
(b) Except as otherwise provided by federal law, the
commission has jurisdiction over all pipeline transportation of
hazardous liquids or carbon dioxide and over all hazardous liquid
or carbon dioxide pipeline facilities, including the movement of
hazardous liquids or carbon dioxide through gathering lines in
rural locations or production, refining, or manufacturing
facilities or storage or in-plant piping systems associated with
any of those facilities.
SECTION 3. Sections 117.012(b) and (c), Natural Resources
Code, are amended to read as follows:
(b) Rules the commission adopts under the jurisdiction
granted under Section 117.011 on [that adopt] safety standards do
not apply to movement of hazardous liquids or carbon dioxide
through gathering lines in rural locations or production, refining,
or manufacturing facilities or storage or in-plant piping systems
associated with any of those facilities.
(c) The safety standards adopted by the commission in its
rules under the jurisdiction granted under Section 117.011 must be
compatible with those standards established by the United States
secretary of transportation under the Hazardous Liquid Pipeline
Safety Act of 1979 (Pub.L.No. 96-129).
SECTION 4. Subchapter B, Chapter 117, Natural Resources
Code, is amended by adding Section 117.0125 to read as follows:
Sec. 117.0125. RULES UNDER ADDITIONAL JURISDICTION. The
commission by rule shall establish factors for determining whether
the commission will regulate a pipeline or facility under the
jurisdiction granted under Section 117.0111. The factors must
include:
(1) the date of installation of the pipeline or
facility;
(2) the environment surrounding the pipeline or
facility;
(3) the age of the pipe or facility;
(4) the pipe material, grade, and specified minimum
yield strength;
(5) operating characteristics of the pipeline or
facility;
(6) the composition of the fluid being transported;
and
(7) the distance between the pipeline or a facility
and:
(A) a building;
(B) the border of a municipality, unincorporated
community, or other commercial or residential area;
(C) an outdoor area of public assembly such as a
playground, recreation area, or outdoor theater; and
(D) a bay area, offshore area, navigable
waterway, source of drinking water, or other environmentally or
unusually sensitive area.
SECTION 5. The heading to Section 121.201, Utilities Code,
is amended to read as follows:
Sec. 121.201. SAFETY RULES: RAILROAD COMMISSION POWER UNDER
DELEGATED FEDERAL AUTHORITY.
SECTION 6. Section 121.201, Utilities Code, is amended by
adding Subsection (f) to read as follows:
(f) To the extent consistent with federal law, the railroad
commission by rule may determine which facilities and activities
are subject to safety standards and practices subject to the power
of the railroad commission under Subsection (a) based on risk
factors including:
(1) the date of installation of the pipeline or
facility;
(2) the environment surrounding the pipeline or
facility;
(3) the age of the pipe or facility;
(4) the pipe material, grade, and specified minimum
yield strength;
(5) operating characteristics of the pipeline or
facility;
(6) the composition of the fluid being transported;
and
(7) the distance between the pipeline or a facility
and:
(A) a building;
(B) the border of a municipality, unincorporated
community, or other commercial or residential area;
(C) an outdoor area of public assembly such as a
playground, recreation area, or outdoor theater; and
(D) a bay area, offshore area, navigable
waterway, source of drinking water, or other environmentally or
unusually sensitive area.
SECTION 7. Not later than December 1, 2013, the Railroad
Commission of Texas shall adopt rules to implement the changes in
law made by this Act to Chapter 117, Natural Resources Code, and
Chapter 121, Utilities Code.
SECTION 8. This Act takes effect September 1, 2013.