2015 -- S 0763

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LC001788

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - REGULATORY POWERS OF

ADMINISTRATION

     Introduced By: Senators Gallo, and P Fogarty

     Date Introduced: March 24, 2015

     Referred To: Senate Commerce

     (PUC)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-3-40 of the General Laws in Chapter 39-3 entitled "Regulatory

Powers of Administration" is hereby amended to read as follows:

      39-3-40. Storage, transportation and distribution of gas – Regulation – Penalties. --

(a) In regulating the storage, transportation and distribution of gas and the pressure under which

these operations may respectively be carried on, the division of public utilities and carriers may

ascertain, determine and fix adequate and serviceable standards for the measurement of quality,

pressure or other condition pertaining to the performing of its service, or to the furnishing of its

product or commodity by any gas storage, transportation and distribution facility, and prescribe

reasonable regulations for examination and testing of such service, product or commodity.

     (b)(1) Any person, firm or corporation who violates any provision of any code adopted

by the division pertaining to the safety of pipeline facilities and the transportation of gas, or of

any regulation or rule thereunder, at a time when the division has submitted and has in effect the

annual certification to the United States secretary of transportation provided for in § 5(a) of the

Natural Gas Pipeline Safety Act of 1968, as amended, (see § 60101 et seq. of Title 49 of the

United States Code), shall be subject to civil penalties as specified in 49 U.S.C. § 60122(a), as

amended. To provide adequate protection against risks to life and property posed by pipeline

transportation and pipeline facilities, the division shall possess the authority to adopt any of the

safety standards for pipeline transportation and for pipeline facilities that are contained in 49

U.S.C. § 60101 et seq.

     (2) Any such penalty shall be determined by the division. In determining the amount of

the penalty, the appropriateness of the penalty to the size of the business of the person, firm or

corporation charged, the gravity of the violation, and the good faith of the person, firm or

corporation charged in attempting to achieve compliance after notification of a violation, shall be

considered. The amount of the penalty, where finally determined, may be deducted from any

sums which the state may owe to the person, firm or corporation charged or may be recovered in

a civil action commenced in the state courts.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - REGULATORY POWERS OF

ADMINISTRATION

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     This act would expand the division of public utilities and carriers' authority to adopt

safety standards related to pipeline facilities including, storage, transportation and distribution of

natural gas and flammable gas.

     This act would take effect upon passage.

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