STATE OF NEW YORK ________________________________________________________________________ 467--A Cal. No. 41 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. PAULIN, ENGLEBRIGHT, L. ROSENTHAL, BUCHWALD, MOSLEY, OTIS, COOK, GOTTFRIED, LIFTON, STECK, HOOPER, ABINANTI, GALEF -- Multi-Sponsored by -- M. of A. ARROYO, LUPARDO, THIELE -- read once and referred to the Committee on Corporations, Authorities and Commis- sions -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public service law, in relation to reporting of natural gas leaks by gas corporations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 67-b to read as follows: 3 § 67-b. Natural gas leak classifications. 1. The department shall 4 establish a uniform natural gas leak classification system as set forth 5 in this section. 6 2. All leaks shall be assessed a class based on the following system: 7 (a) Type 1 classification. (1) A Type 1 leak is one which, due to its 8 location and/or relative magnitude, constitutes a potentially hazardous 9 condition to the public or buildings. In the event of a Type 1 leak 10 classification the following requirements apply: 11 (i) the leak shall require an immediate effort to protect life and 12 property; 13 (ii) continuous action shall be thereafter taken until the condition 14 is no longer hazardous; and 15 (iii) completion of repairs shall be scheduled on a regular day-aft- 16 er-day basis, or the condition kept under daily surveillance until the 17 source of the leak has been corrected. 18 (2) Type 1 leaks include, but are not limited to: 19 (i) damage by contractors or outside sources resulting in leakage; 20 (ii) any indication on a combustible gas indicator (CGI) of natural 21 gas entering buildings or tunnels; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01083-02-8

A. 467--A 2 1 (iii) any reading on a CGI within five feet (1.5 meters) of a building 2 wall; 3 (iv) any reading of four percent or greater gas-in-air on a CGI within 4 manholes, vaults or catch basins (sampling will be conducted with the 5 structure in its normal condition as nearly as physically possible); or 6 (v) any leak which, in the judgment of the operating personnel at the 7 scene, is regarded as potentially hazardous. 8 (b) Type 2A classification. (1) A Type 2A leak does not present an 9 immediately hazardous condition to the public or buildings, but is of a 10 nature that requires frequent surveillance and scheduled repair. In the 11 event of a Type 2A leak classification the following requirements apply: 12 (i) the leak shall be repaired within a period not to exceed six 13 months; and 14 (ii) the leak shall be maintained under surveillance with a frequency 15 not to exceed two weeks until repaired. 16 (2) Type 2A leaks include, but are not limited to: 17 (i) any reading of ten percent or greater gas-in-air in any area 18 continuously paved from the curbline to the building wall, which is more 19 than five feet (1.5 meters) but within thirty feet (9.1 meters) of the 20 building and inside the curbline or shoulder of the road; 21 (ii) any reading, in an unpaved area, of twenty percent or greater 22 gas-in-air which is more than five feet (1.5 meters) but within twenty 23 feet (6.1 meters) of the building and inside the curbline or shoulder of 24 the road; or 25 (iii) any leak, other than Type 1, which, under frost or other condi- 26 tions, in the judgment of the operating personnel at the scene should be 27 classified as a Type 2A. 28 (c) Type 2 classification. (1) A Type 2 leak does not present an imme- 29 diate hazardous condition to the public or buildings, but is of a nature 30 requiring scheduled repair. In the event of a Type 2 leak classification 31 the following requirements apply: 32 (i) the leak shall be repaired within a period not to exceed one year, 33 except that leaks classified under clause (v) of subparagraph two of 34 this paragraph shall be repaired within six months; and 35 (ii) the leak shall be maintained under surveillance with a frequency 36 not to exceed two months, except that leaks classified under clause (v) 37 of subparagraph two of this paragraph shall be surveilled every two 38 weeks. 39 (2) Type 2 leaks include, but are not limited to: 40 (i) any reading less than ten percent gas-in-air between the building 41 and the curbline in any area continuously paved which is more than five 42 feet (1.5 meters) but within thirty feet (9.1 meters) of the building 43 and inside the curbline or shoulder of the road; or 44 (ii) any reading less than twenty percent gas-in-air in any unpaved 45 area which is more than five feet (1.5 meters) but within twenty feet 46 (6.1 meters) of a building and inside the curbline or shoulder of the 47 road; or 48 (iii) any reading of thirty percent or greater gas-in-air in an 49 unpaved area which is more than twenty feet (6.1 meters) but within 50 fifty feet (15.2 meters) of a building and inside the curbline or shoul- 51 der of the road; or 52 (iv) any reading of thirty percent or greater gas-in-air in a paved 53 area which is more than thirty feet (9.1 meters) but within fifty feet 54 (15.2 meters) of a building and inside the curbline or shoulder of the 55 road; or

A. 467--A 3 1 (v) any reading above one percent but below four percent gas-in-air, 2 within manholes, vaults or catch basins (sampling will be conducted with 3 the structure in its normal condition as nearly as is physically possi- 4 ble). 5 (d) Type 3 classification. A Type 3 leak is not immediately hazardous 6 at the time of detection and can be reasonably expected to remain that 7 way. 8 (1) A Type 3 leak is any leak not classified as Type 1, 2A or 2. 9 (2) Type 3 leaks shall be reevaluated during the next required leakage 10 survey or annually, whichever is less. 11 3. Beginning March first, two thousand nineteen, each gas corporation 12 shall report annually to the department the location of each Type 1, 13 Type 2A, Type 2 and Type 3 leak existing as of that date classified by 14 the corporation, the date each Type 1, Type 2A, Type 2 and Type 3 leak 15 was classified and the date of repair performed on each Type 1, Type 2A, 16 Type 2 and Type 3 leak as part of its required gas surveillance program 17 as required under its approved operations and maintenance programs. A 18 gas corporation shall specify any reclassification of previously identi- 19 fied leaks in its report. Such gas leak information shall be made avail- 20 able to any municipal or state official with responsibility for public 21 safety and any member of the legislature upon request to the department. 22 4. Upon the undertaking of a significant project exposing confirmed 23 natural gas infrastructure, and with sufficient notice, a municipality 24 or the state shall submit notification of the project to the relevant 25 gas corporation. The gas corporation shall survey the project area for 26 the presence of Type 1, Type 2A, or Type 2 leaks and set repair and 27 replacement schedules for all known or newly detected Type 1, Type 2A, 28 or Type 2 leaks. The gas corporation shall ensure that any shut off 29 valve in the significant project area has a gate box installed upon it 30 or a reasonable alternative that would otherwise ensure continued public 31 safety and that any critical valve that has not been inspected and test- 32 ed within the past twelve months is verified to be operational and 33 accessible. The gas corporation shall provide the repair and replacement 34 schedule of gas leaks to the municipality or the state. 35 5. The commission shall commence a proceeding to investigate whether 36 New York state should require the winter surveillance and patrol of cast 37 iron or ductile iron pipelines in the state and shall determine whether 38 the presence of extended frost cap conditions may result in additional 39 stress on cast iron or ductile iron pipe segments, requiring enhanced 40 surveillance and patrol. The commission is authorized to establish mini- 41 mum uniform procedures for cast iron and ductile iron surveillance and 42 patrols. Gas corporations are authorized to establish procedures that 43 exceed any minimum standards at their discretion. 44 6. The department, upon the request of a municipal or state official 45 with responsibility for public safety, may require a reevaluation of a 46 Type 3 leak prior to the next scheduled survey, or sooner than twelve 47 months of the date last evaluated, if the official has a reasonable 48 belief that the Type 3 leak poses a threat to public safety. 49 7. The commission shall promulgate regulations necessary to implement 50 the uniform natural gas leak classifications as specified in this 51 section and shall oversee and monitor each gas corporation's response 52 and reporting. 53 § 2. This act shall take effect on the ninetieth day after it shall 54 have become a law.