Amendment ID: S2477-14

Amendment 14

Gas Leaks and Infrastructure

Ms. DiZoglio, Messrs. Pacheco and O'Connor, Ms. Gobi and Mr. Tarr move that the proposed new draft be amended by inserting the following new sections:-

SECTION XX. Section 144 of chapter 164 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)(1) Gas companies shall assess a grade to all reported natural gas leaks based on the system provided in this section.

(2) A Grade 1 leak shall be a leak that represents an existing or probable hazard to persons or property. Grade 1 leaks require repair immediately and continuous action until the conditions are no longer hazardous. Upon identifying a Grade 1 leak, the gas company shall immediately schedule repairs, such repair to continue until completed, and the condition shall be kept under continuous surveillance until the hazard or source of the leak is eliminated. A gas company shall notify within 1 hour of detection of the leak the fire department and chief law enforcement officer in each city or town where a Grade 1 leak is identified.

(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. Upon identifying a Grade 2 leak, the gas company shall immediately schedule repairs or replacement of the main, such repair or replacement to be completed as immediately as possible but not later than 6 months from the date of classification of the leak, and the condition shall be reevaluated at least once every two months until the hazard or source of the leak is eliminated; provided, however, that the frequency of reevaluation shall be determined by the location and magnitude of the leakage condition.  A gas company shall notify as soon as feasible but within 3 days of detection of the leak the fire department and chief law enforcement officer in each city or town where a Grade 2 leak is identified.

(4) A Grade 3 leak shall be a leak that is recognized as non-hazardous to persons or property at the time of detection and can be reasonably expected to remain non-hazardous. The gas company shall reevaluate Grade 3 leaks during the next scheduled survey, or within 6 months from the date last evaluated, whichever occurs first, until the leak is eliminated or the main is replaced. A municipal or state public safety official may request a reevaluation of a Grade 3 leak prior to the next scheduled survey, or sooner than 6 months of the date last evaluated, if the official reasonably believes that the Grade 3 leak poses a threat to public safety. A gas company shall notify as soon as feasible but within 7 days of detection of the leak the fire department and chief law enforcement officer in each city or town where a Grade 3 leak is identified.

SECTION XX. Subsection (c) of said section 144 of said chapter 164, as so appearing, is hereby amended by adding the following sentence:- In the event that a gas company is responsible for any significant project on a public way, the gas company shall repair the site in compliance with all applicable codes and at the expense of the gas company. The gas company shall monitor, maintain, and be financially responsible for repairing the site for a period of not less than 5 years.

SECTION XX. Said section 144 of said chapter 164, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) As part of the annual service quality standards report required by section 1I, each gas company shall report to the department the following data as of the time of the report: (i) the specific address, or other clearly identifiable location information where no street address exists, of each Grade 1, Grade 2 and Grade 3 leak; (ii) the date and time each Grade 1, Grade 2 and Grade 3 leak was detected; (iii) the date each Grade 1, Grade 2 and Grade 3 leak was classified; (iv) the dates of repairs performed on each Grade 1, Grade 2 and Grade 3 leak; (v) the individuals who responded to the gas leak; (vi) the steps taken to mitigate the gas leak and its effect on area residents and businesses, if any; and (vii) the cost to ratepayers of lost and unaccounted for gas, system maintenance, leak-prone infrastructure repairs, leak-prone infrastructure replacements, cost comparison of the two options, and safety violations. A gas company shall specify any reclassification of previously identified leaks in its annual report. The annual service quality standards report shall be made available to the public by being posted electronically by the gas company and by the department within 30 days after the due date of such report. Costs related to the compilation, maintenance, and distribution of this information shall be borne by the gas company.

SECTION XX. Said section 144 of said chapter 164, as so appearing, is hereby amended by adding the following 3 subsections:-

(g) Annually, or more frequently if the department deems appropriate, the department shall review the number of pipeline inspectors certified in the commonwealth to ensure that a sufficient number of inspectors are actively engaged in pipeline inspection throughout the commonwealth.

(h) Failure to comply with any provision of this section shall be a factor for the department to negatively consider, reduce or deny a gas company’s request for a rate increase.

(i) The department shall be authorized to establish and enforce financial penalties for failure to comply with any provision of this section.