Chapter 055
2015 -- H 5959
Enacted 06/08/2015

A N   A C T

Introduced By: Representatives Azzinaro, Carnevale, Craven, and Kennedy
Date Introduced: March 20, 2015

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 or that 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 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 that 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.