By: Keffer (Senate Sponsor - Duncan) H.B. No. 2982
(In the Senate - Received from the House May 9, 2013;
May 10, 2013, read first time and referred to Committee on Natural
Resources; May 17, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 11, Nays 0;
May 17, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2982 By: Duncan
A BILL TO BE ENTITLED
AN ACT
relating to the power of the Railroad Commission of Texas to adopt
and enforce safety standards applicable to the transportation by
pipeline of hazardous liquids, carbon dioxide, and natural gas in
rural locations.
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. Sections 117.012(a), (b), and (h), Natural
Resources Code, are amended to read as follows:
(a) The commission shall adopt rules that include safety
standards [for and practices] applicable to the intrastate
transportation of hazardous liquids or carbon dioxide by pipeline
and intrastate hazardous liquid or carbon dioxide pipeline
facilities, including safety standards related to the prevention of
damage to such a facility resulting from the movement of earth by a
person in the vicinity of the facility, other than movement by
tillage that does not exceed a depth of 16 inches. Rules adopted
under this subsection that apply to the intrastate transportation
of hazardous liquids and carbon dioxide by gathering pipelines in
rural locations and intrastate hazardous liquid and carbon dioxide
gathering pipeline facilities in rural locations must be based only
on the risks the transportation and the facilities present to the
public safety, except that the commission shall revise the rules as
necessary to comply with Subsection (c) and to maintain the maximum
degree of federal delegation permissible under 49 U.S.C. Section
60101 et seq., or a succeeding law, if the federal government adopts
rules that include safety standards applicable to the
transportation and facilities.
(b) Rules 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.
(h) The commission shall require operators of hazardous
liquid and carbon dioxide pipeline facilities or the [their]
designated representatives of such operators to communicate and
conduct liaison activities with fire, police, and other appropriate
public emergency response officials. The liaison activities must
be conducted by meetings in person except as provided by this
section. An operator or the operator's representative may conduct
required community liaison activities as provided by Subsection (i)
only if the operator or the operator's representative has made an
effort, by one of the following methods, to conduct a community
liaison meeting in person with the officials:
(1) mailing a written request for a meeting in person
to the appropriate officials by certified mail, return receipt
requested;
(2) sending a request for a meeting in person to the
appropriate officials by facsimile transmission; or
(3) making one or more telephone calls or e-mail
message transmissions to the appropriate officials to request a
meeting in person.
SECTION 3. 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 4. Section 121.201(a), Utilities Code, is amended
to read as follows:
(a) The railroad commission may:
(1) by rule prescribe or adopt safety standards for
the transportation of gas and for gas pipeline facilities,
including safety standards related to the prevention of damage to
such a facility resulting from the movement of earth by a person in
the vicinity of the facility, other than movement by tillage that
does not exceed a depth of 16 inches;
(2) by rule require an operator that does not file
operator organization information under Section 91.142, Natural
Resources Code, to provide the information to the commission in the
form of an application;
(3) by rule require record maintenance and reports;
(4) inspect records and facilities to determine
compliance with safety standards prescribed or adopted under
Subdivision (1);
(5) make certifications and reports from time to time;
(6) seek designation by the United States secretary of
transportation as an agent to conduct safety inspections of
interstate gas pipeline facilities located in this state; [and]
(7) by rule take any other requisite action in
accordance with 49 U.S.C. Section 60101 et seq., or a succeeding
law; and
(8) by rule establish safety standards and practices
for gathering facilities and transportation activities in Class 1
locations, as defined by 49 C.F.R. Section 192.5:
(A) based only on the risks the facilities and
activities present to the public safety, to the extent consistent
with federal law; or
(B) as necessary to maintain the maximum degree
of federal delegation permissible under 49 U.S.C. Section 60101 et
seq., or a succeeding law, if the federal government adopts safety
standards and practices for gathering facilities and
transportation activities in Class 1 locations, as defined by 49
C.F.R. Section 192.5.
SECTION 5. Before September 1, 2015, the Railroad
Commission of Texas may implement the changes in law made by this
Act to Chapter 117, Natural Resources Code, or Chapter 121,
Utilities Code, or rules adopted under those chapters, as amended
by this Act, only:
(1) to provide a process for the commission to
investigate an accident, incident, complaint, or threat to public
safety related to operational safety and to require an operator to
submit a plan to remediate an accident, incident, complaint, or
threat;
(2) to require reports necessary to allow the
commission to investigate an accident, incident, complaint, or
threat to public safety related to operational safety; or
(3) to require operators to provide information to the
commission that the commission determines is necessary to determine
the risks presented to the public safety by:
(A) the intrastate transportation of hazardous
liquids and carbon dioxide by gathering pipeline facilities in
rural locations and intrastate hazardous liquid and carbon dioxide
gathering pipeline facilities in rural locations; and
(B) gas gathering facilities and transportation
activities in Class 1 locations, as defined by 49 C.F.R. Section
192.5.
SECTION 6. This Act takes effect September 1, 2013.
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