Amendment #40, as changed to H4912

Field safety in gas infrastructure

Mr. Moran of Lawrence moves to amend the bill, as amended, by adding after section 15CC the following sections:-

SECTION 15DD. Said chapter 82, as so appearing, is hereby amended by striking out section 40E, and inserting in place thereof the following section:-

Section 40E. Any person or company found by the department, after a hearing, to have violated any provision of sections 40A to 40E, inclusive, shall be fined not more than $200,000; provided that nothing herein shall be construed to require the forfeiture of any penal sum by a residential property owner for the failure to pre-mark for an excavation on such person's residential property.

SECTION 15EE. Section 185 of chapter 149 of the General Laws, as so appearing, is hereby amended by inserting, after the definition of “public body” the following definition:-

(3½) “Public utility employer,” a gas and electricity public utility provider.

SECTION 15FF. Said section 185 of said chapter 149, as so appearing, is hereby further amended by inserting in lines 4, 20, 24, 29, 32 to33, 33, 42, 43, 57, 61, 79, 84, 88, 89, 97, 99, and 103 after the word “employer” in each instance, thereof the following:- or public utility employer.

SECTION 15GG. Said section 185 of said chapter 149, as so appearing, is hereby further amended by inserting in lines 33 to 34 and 44 after the word “relationship,” in each instance thereof the following:- including private contractors hired to perform work customarily performed by employees of public utility employers,.

SECTION 15HH. Section 1E of chapter 164 of the General Laws, as so appearing, is hereby amended in line 12 by inserting after the word “levels” the following:- , public safety measures,.

SECTION 15II. Section 1F of said chapter 164, as so appearing, is hereby amended by adding the following:-

(h) The department shall ensure that all written complaints under this section received from customers and the public regarding gas providers are investigated and a response to the complainant provided in a timely manner. The department shall establish a publicly accessible database of all complaints received, noting the category of complaint, the date it was received, the steps taken to address the complaint and that date it was resolved.

SECTION 15JJ. Section 1J of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the figure "250,000" and inserting in place thereof the following figure:- 500,000.

SECTION 15KK. Said section 1J of said chapter 164, as so appearing, is hereby further amended by striking out, in line 8, the figure "20,000,000" and inserting in place thereof the following figure:-50,000,000.

SECTION 15LL. Section 105A of said chapter 164, as so appearing, is hereby amended by striking out, in lines 21 to 23, inclusive, the words "as specified in 49 U.S.C. section 60122(a)(1) or any successor statute enacted into federal law for the same purposes as said section 60122(a)(1)" and inserting in place thereof the following words:- of not more than $500,000 for each violation; provided, however, that the maximum civil penalty under this section for a related series of violations shall be $10,000,000; and, provided further that the dollar limits in this sentence shall be doubled in the event that the department determines that the violator has engaged in one or more similar violations in the three years preceding the violation. A separate violation occurs for each day the violation continues.

SECTION 15MM. Said Chapter 164 of the General Laws, as so appearing, is hereby amended by inserting after section 115A, the following 3 sections:

Section 115B. The department shall promulgate regulations establishing: (1) inspection and reporting requirements for the inspection of pipe, including gas company service lines connected to an inside meter from the pipeline, and (2) notice to occupants of the inspection process and any findings resulting therefrom, and (3) hazard repair and replacement requirements.

Section 115C. Every gas piping system shall be constructed, operated and maintained in compliance with federal pipeline safety standards pursuant to 49 CFR 192. Notwithstanding any general or special law to the contrary, the department may establish pipeline safety standards that exceed those set forth in 49 CFR 192. In establishing such standards, the department may consider recommended practices issued by industry or non-profit organizations.

Section 115D. The department shall promulgate regulations for improving emergency preparedness and response during emergency situations concerning the transportation or distribution of gas.  Regulations shall address communication and coordination between the commonwealth, municipalities and other governmental entities.

Mr. Moran of Lawrence moves to amend the bill, as amended by inserting after section 17 the following section:-

SECTION 17E. Chapter 164 of the General Laws is hereby amended by striking out the first sentence of paragraph (3) of subsection (b) of section 144, as so appearing, and inserting in its place the following:

(3) A Grade 2 leak shall be a leak that is recognized as non-hazardous to persons or property at the time of detection, but justifies scheduled repair based on probable future hazard. The gas company shall repair Grade 2 leaks or replace the main within 6 months from the date the leak was classified; provided, however, that said repair or replacement may take place later than 6 months from the date the leak is classified, but no later than 12 months from the date the leak is classified, if any required permits for such repair or replacement are temporarily withheld consistent with a seasonal moratorium.

SECTION 17F. Said section 144 of said chapter 164, as so appearing, is hereby amended by inserting after subsection (g), inserted by amendment 28, the following 3 subsections:-

(h) Each distribution company shall maintain an accurate and timely record of any Grade 3 leaks that, upon re-inspection, are upgraded to a Grade 1 or 2 leak. The department shall establish a service quality metric for the same, and each distribution company shall report any upgrades of Grade 3 leaks to the department on a monthly basis.

(i) The department shall promulgate regulations establishing requirements for the maintenance, timely updating, accuracy, and security of gas distribution company maps and records.

(j) Disruptions in the provision of electronic data, including but not limited to, maps and records relevant to inspections, maintenance, repairs, and construction to its in-house workforce and contractors, lasting more than 30 minutes to field personnel and field contractors shall be incorporated as a metric in the department’s service quality indicators for local distribution companies.

SECTION 17G. Section 145 of said chapter 164, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) A gas company shall file with the department a plan to address aging or leaking natural gas infrastructure within the commonwealth and the leak rate on the gas company's natural gas infrastructure in the interest of public safety and reducing lost and unaccounted for natural gas through a reduction in natural gas system leaks. Each company's gas infrastructure plan shall include interim targets for the department's review. The department shall review these interim targets to ensure each gas company is meeting the appropriate pace to reduce the leak rate on and to replace the gas company's natural gas infrastructure in a safe and timely manner. The interim targets shall be for periods of not to exceed five years. The gas companies shall incorporate these interim targets into timelines for removing all leak-prone infrastructure filed pursuant to subsection(c) and may update them based on overall progress. The department may levy a penalty against any gas company that fails to meet its interim target in an amount up to and including the equivalent of 2.5 per cent of such gas company's transmission and distribution service revenues for the previous calendar year.

SECTION 17H. Section 145 of chapter 164 of the General Laws, as so appearing, is hereby amended in line 33 by striking the words “and (vi) any other information the department considers necessary to evaluate the plan.”, and inserting in place thereof - (vi) the relocations of a meter located inside of a structure to the outside of said structure for the purpose of improving public safety; and (vii) any other information the department considers necessary to evaluate the plan.

SECTION 17I. Subsection (c) of said section 145 of said chapter 164, as so appearing, is hereby amended by striking out the first sentence of the second paragraph and inserting in place thereof the following sentence:-

As part of each plan filed under this section, a gas company shall include a timeline for removing all leak-prone infrastructure on an accelerated basis specifying an annual replacement pace and program end date with a target end date of either (i) not more than 20 years from the filing of a gas company's initial plan, or (ii) a reasonable target end date considering the allowable recovery cap established pursuant to subsection (f).

Mr. Moran of Lawrence moves to further amend the bill, as amended, by inserting after section 20F the following section:-

SECTION 20G. The department of public utilities shall establish rules and regulations by which the qualifications of contractors shall be evaluated. Contractors who wish to be eligible to receive contracts with a gas company to perform gas work shall be required to register and provide all required documentation to meet certification requirements with the department on an annual basis.

SECTION 20H. Notwithstanding any general or special law to the contrary, the department of public utilities shall conduct, publish, and periodically update a report detailing the degree to which each gas piping system operator adhered to the department’s safety standards, reviewing the efficacy of said standards in protecting the physical health and financial prosperity of the commonwealth’s residents, and analyzing recent advancements made in the theory and practice of pipeline safety and operation. The report shall include policy recommendations, including, but not limited to, legislation and regulations, that would enhance the safety of gas piping systems by utilizing any theoretical or practical advancements in safety analyzed within it. The department may conduct field audits of gas companies operating in the Commonwealth to ensure compliance with all applicable statutes and regulations, and shall include the results of any such audits in the study required under this section or any subsequent updates to said study. The department shall publish the study no later than 1 year after the effective date of this act and shall publish updates to the study not less than every 36 months. Said study shall be submitted to the clerks of the house and senate, as well as to the joint committee on telecommunications, utilities and energy.

And moves to further amend the bill by adding the following 2 sections:-

SECTION 27. The department of public utilities shall promulgate regulations pursuant to section 115D of chapter 164 no later than December 31, 2021.

SECTION 28.  The department of public utilities shall promulgate and implement the regulations required pursuant to subsection (i) of section 144 of chapter 164 by July 1, 2021.

Additional co-sponsor(s) added to Amendment #40, as changed to H4912

Field safety in gas infrastructure