Chapter 105

2012 -- S 2704 AS AMENDED

Enacted 05/25/12

 

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS

          

     Introduced By: Senator William A. Walaska

     Date Introduced: March 06, 2012

 

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 section 5(a) of

the Natural Gas Pipeline Safety Act of 1968, as amended, (see section 1671 60101 et seq. of Title

49 of the United States Code), shall be subject to a civil penalty penalties as specified in 49

U.S.C. section 60122(a), as amended not to exceed ten thousand dollars ($10,000) for each

violation for each day that the violation persists; provided, however, that the maximum civil

penalty shall not exceed five hundred thousand dollars ($500,000) for any related series of

violations.

      (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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LC01918

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