56-257.2 - Gas pipeline safety.
§ 56-257.2. Gas pipeline safety.
A. Notwithstanding any other provision of law, the Commission shall have theauthority to regulate the safety of master-metered gas systems, landfill gastransmission or distribution facilities transmitting or distributing landfillgas off premises from a solid waste management facility permitted by theDepartment of Environmental Quality, and other gas pipeline facilities usedin intrastate pipeline transportation, all as defined in the federalregulations promulgated under 49 U.S.C. § 60101 et seq., as amended, and thefederal pipeline safety laws, owned or operated by any person, limitedliability company, business entity or association of individuals. Theauthority granted herein shall be exercised in a manner that is notinconsistent with the above-referenced federal regulations and pipelinesafety laws.
This subsection shall not apply to gas systems and pipeline facilities ownedor operated by any county, city, or town.
B. For the purposes of pipeline facilities used in the intrastatetransportation of gas, all as defined in the federal regulations promulgatedunder 49 U.S.C. § 60101 et seq., as amended, and the federal pipeline safetylaws, and notwithstanding any other provision of law, any person, limitedliability company, business entity or association of individuals failing orrefusing to obey Commission orders relating to the adoption or enforcement ofregulations for the design, construction, operation, and maintenance ofintrastate pipeline facilities and temporary or permanent injunctions issuedby the Commission shall be fined such sums not exceeding the fines andpenalties specified by 49 U.S.C. § 60122 (a) (1), as amended. Should theoperation of such order be suspended pending an appeal, the period of suchsuspension shall not be computed against the person in the matter of hisliability to fines or penalties. The authority granted herein shall beexercised in a manner that is not inconsistent with the above-referencedfederal regulations and pipeline safety laws.
This subsection shall not apply to gas systems and pipeline facilities ownedor operated by any county, city, or town.
C. With respect to the gas systems and pipeline facilities owned or operatedby any county, city, or town, the Commission is authorized to act for theUnited States Secretary of Transportation to conduct safety inspectionspursuant to the federal pipeline safety laws, 49 U.S.C. § 60101 et seq., tothe extent authorized by certification or agreement with the Secretary under49 U.S.C. § 60106 of the federal pipeline safety laws, 49 U.S.C. § 60101 etseq., as amended. After each inspection, an exit interview with any county,city, or town shall be conducted prior to promptly reporting to the UnitedStates Department of Transportation. This subsection shall not authorize theCommission to impose civil penalties or fines on any county, city, or townand shall not authorize the Commission to exercise jurisdiction over therates, charges, services, facilities, or service territory of any county,city, or town providing gas service except as is otherwise provided by law.
(1994, c. 12; 2005, c. 35.)