6441-S AMS HONE S4669.1

6441-S AMS HONE S4669.1

SSB 6441 - S AMD - 056

By Senator Honeyford

PULLED 2/14/00

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The intent of this act is to protect the health and safety of the citizens of the state of Washington and the quality of the state's environment by developing and implementing environmental and public safety measures applicable to persons transporting hazardous liquids and gas by pipeline within the state of Washington. The legislature finds that public safety and the environment may best be protected by adopting standards that are equal to, or more stringent than, those adopted by the federal government, so long as they do not impermissibly interfere with interstate commerce.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Commission" means the utilities and transportation commission.

(2) "Dangerous release" means a release of hazardous liquid that poses a clear and immediate danger to life or health, threatens a significant loss of property, or threatens significant environmental damages.

(3) "Failsafe system" means a nonelectronic or mechanically based system that prevents a pipeline from exceeding its maximum operating pressure in the event of a failure of the primary or electronic system designed for this purpose.

(4) "Gas" has the meaning given to it in 49 C.F.R. Part 192.

(5) "Hazardous liquid" means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (b) carbon dioxide. The commission by rule may incorporate by reference other substances designated as hazardous by the secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).

(6) "Local government" means a subdivision of the state or a city or town.

(7) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives.

(8) "Pipeline" or "pipeline system" means all parts of a pipeline facility through which a hazardous liquid or carbon dioxide moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks.

(9) "Pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting hazardous liquid or gas.

(10) "Process safety management systems" means management systems that include coordinated and interdisciplinary evaluations of the effect of significant changes to a pipeline system before such changes are implemented.

(11) "Release" means a spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, disposing, flowing, or any other uncontrolled escape of a hazardous liquid or gas from a pipeline.

NEW SECTION. Sec. 3. (1) The commission shall have charge for the state of the administration and enforcement of all laws related to hazardous liquid pipeline safety. To the extent not expressly prohibited by federal law, the commission shall develop and implement a comprehensive program of pipeline safety.

(2) The commission shall adopt rules for pipeline safety standards for hazardous liquid pipeline transportation that:

(a) Require pipeline companies to design, construct, and maintain their pipeline facilities so they are safe and efficient;

(b) Require pipeline companies to rapidly locate and isolate all releases from hazardous liquid pipelines, including:

(i) Installation of remote control shut-off valves at a distance of no less than four to ten miles in urban areas and twenty to sixty miles in rural areas, depending on the type and density of development, the presence of environmentally sensitive areas, and the application of appropriate engineering standards. The installation of remote valves shall include design features and safety procedures to minimize risks associated with valve malfunctions;

(ii) Installation of remotely monitored pressure gauges and meters at each pump station and remote valve location; and

(iii) Emergency response procedures, combined with training, for shutting down pumps, locating leaks and spills, and shutting appropriate valves as rapidly as possible;

(c) Require the training and certification of personnel who operate hazardous liquid pipelines and the associated systems; and

(d) Require hazardous liquid pipeline companies to submit operations safety plans once every five years and provide annual plan updates that identify plan implementation progress, as well as any amendments to the plan made necessary by changes to the pipeline system or its operation.

(3) The commission shall approve operations safety plans if they have been deemed fit for service. A plan shall be deemed fit for service when it provides for pipelines that are designed, developed, constructed, operated, and periodically modified to provide the highest practicable level of public safety. Pipeline operations safety plans shall include:

(a) A schedule of inspection and testing within the pipeline distribution system of:

(i) All mechanical components;

(ii) All electronic components; and

(iii) The structural integrity of all pipelines as determined through pressure testing and internal inspection tool surveys;

(b) Failsafe systems;

(d) Emergency management training for pipeline operators.

(4) The commission shall coordinate information related to pipeline safety by providing technical assistance to local planning and siting authorities and to the energy facility site evaluation council established in chapter 80.50 RCW.

(5) The commission shall evaluate, and consider adopting, proposals developed by the federal office of pipeline safety, the national transportation safety board, and other agencies and organizations related to methods and technologies for testing the integrity of pipeline structure, leak detection, and other elements of pipeline operation.

NEW SECTION. Sec. 4. The commission shall adopt rules aimed at the prevention of third-party excavation damage to pipelines through the establishment and required use of a one-call system. The commission shall make available to municipal workers and construction workers who are involved in construction work above or near pipelines training on:

(1) Prevention of damage to pipelines;

(2) The danger involved if a pipeline is damaged;

(3) The significance of pipeline damage that does not cause immediate failure; and

(4) The importance of immediately reporting damage to a pipeline and the importance of immediately repairing a damaged pipeline.

NEW SECTION. Sec. 5. The commission shall require hazardous liquid and gas pipeline companies to provide accurate maps of their pipeline distribution networks to specifications developed by the commission. The specifications shall include depth information. The commission shall verify the accuracy of the maps, consolidate the maps into a state-wide geographic information system, and fill any gaps for which companies or local governments may have no information. The mapping system shall be used in conjunction with the one-number locator service as provided in chapter 19.122 RCW. The mapping system shall be compatible with the United States department of transportation national pipeline mapping program.

NEW SECTION. Sec. 6. The commission shall, by June 30, 2002, develop and periodically update, for the consideration by local governments:

(1) A model ordinance that establishes setback and depth requirements for new pipeline construction;

(2) A model franchise agreement for jurisdictions through which a hazardous liquid or gas pipeline is located; and

(3) Protective standards applicable to existing and proposed pipelines in densely populated areas and environmentally sensitive areas.

NEW SECTION. Sec. 7. (1) The commission shall seek and accept federal designation of the commission's inspectors as federal agents for the purposes of enforcement of the federal hazardous liquid pipeline safety act (49 U.S.C. Sec. 60101 et seq.), and federal rules adopted to implement that act, as they exist as of the effective date of this act. The commission shall establish and submit to the United States secretary of transportation an inspection program that complies with requirements for delegated interstate agent inspection authority. To the extent that federal delegation of interstate agent inspection authority permits, the inspection program for interstate pipelines and liquified natural gas facilities must be the same as the inspection program for intrastate pipelines and facilities. If the secretary of transportation delegates inspection authority to the state as provided in this subsection, the commission, at a minimum, shall do the following to carry out the delegated federal authority:

(a) Inspect hazardous liquid pipelines periodically as specified in the inspection program;

(b) Collect inspection fees;

(d) File reports with the United States secretary of transportation as required to maintain the delegated inspection authority.

(2) The commission shall also seek federal authority to adopt safety standards related to the monitoring and testing of interstate hazardous liquid pipelines.

(3) Upon designation under subsection (1) of this section or under a grant of authority under subsection (2) of this section, to the extent authorized by federal law, the commission shall adopt rules for interstate pipelines that are consistent with the state's laws and rules for intrastate hazardous liquid pipelines.

NEW SECTION. Sec. 8. The commission shall inspect, as necessary, any record, map, or written procedure required by federal law to be kept by a hazardous liquid pipeline company concerning the reporting of dangerous releases, and the design, construction, testing, or operation and maintenance of hazardous liquid pipelines.

NEW SECTION. Sec. 9. (1) A pipeline safety advisory committee is established to advise the commission, the department of ecology, energy facility site evaluation council, and other appropriate federal, state, and local government agencies and officials on matters relating to pipeline safety, routing, construction, operation, and maintenance. Members of the advisory committee shall be appointed by the governor to staggered three-year terms and, at a minimum, shall consist of representatives of local government, including elected officials and the general public. The committee shall review and comment on proposed rules and the operation of the state pipeline safety programs.

(2) The advisory committee established in subsection (1) of this section constitutes a class one group under RCW 43.03.220. Expenses for this group, as well as staff support provided by the commission, shall be funded through a legislative appropriation to the commission.

NEW SECTION. Sec. 10. A new section is added to chapter 19.122 RCW to read as follows:

The utilities and transportation commission, in consultation with the department of ecology, shall establish a single state-wide toll-free telephone number to be used for excavation notification and shall require the six one-call centers that exist as of the effective date of this act to be reachable through that number.

Sec. 11. RCW 19.122.050 and 1984 c 144 s 5 are each amended to read as follows:

(1) Whenever excavation work is to occur within twenty-five feet of a hazardous liquid or gas pipeline, the state-wide one-call system established under section 10 of this act shall be notified. In addition, if the excavation work is to occur within five feet of a hazardous liquid or gas pipeline, the pipeline company that owns or operates the pipeline shall be notified, and its representative shall be on-site, prior to the start of excavation.

(2) An excavator who, in the course of excavation, contacts or damages an underground facility shall immediately notify the utility owning or operating such facility and the ((~~one-number locator service~~)) state-wide one-call system. If the damage causes an emergency condition, the excavator causing the damage shall also immediately alert the appropriate local public safety agencies and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.

((~~(2)~~)) (3) The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.

NEW SECTION. Sec. 12. A new section is added to chapter 48.48 RCW to read as follows:

(1) In consultation with the emergency management program within the state military department, the utilities and transportation commission, the department of ecology, and local emergency services organizations, the chief of the Washington state patrol, through the director of fire protection or his or her authorized deputy, shall:

(a) Evaluate the preparedness of local first responders in meeting emergency management demands under subsection (2) of this section; and

(b) Conduct an assessment of the equipment needed by local first responders to meet emergency management demands related to pipelines.

(2) The chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall develop curricula for training local first responders to deal with pipeline accidents. The curricula shall be developed in conjunction with pipeline companies and local first responders, and shall include a timetable and costs for providing training as defined in the curricula to all communities housing pipelines. The need for a training program for regional incident management teams shall also be evaluated.

(3) In consultation with other relevant agencies, the chief of the Washington state patrol, through the director of fire protection or his or her deputy, shall identify the need and means for achieving consistent application of the national interagency incident management system.

(4) For the purposes of this section, "local first responders" means police, fire, emergency medical staff, and volunteers.

NEW SECTION. Sec. 13. (1) A pipeline company that has been notified by an excavator pursuant to RCW 19.122.050 that excavation work will occur within five feet of a hazardous liquid or gas pipeline shall ensure that the pipeline company's representative is on-site during the excavation within the five foot zone. The pipeline company has the discretion to require that the pipeline section in the vicinity of the excavation is fully uncovered and examined for damage prior to being reburied. If safety concerns exist, the pipeline company may elect, at the excavator's expense, to conduct the uncovering of the pipeline.

(2) Immediately upon receiving information of third-party damage to a pipeline owned or operated by a pipeline company, that company shall terminate the flow of hazardous liquid or gas in that pipeline until it has visually inspected the pipeline. After visual inspection, a pipeline company shall determine whether the pipeline section that has sustained third-party damage should be replaced or repaired, or whether it is safe to resume pipeline operation. A record of the company's inspection report and test results shall be provided to the commission within fourteen calendar days of the inspection.

(3) Pipeline companies shall immediately notify local first responders and the commission of any dangerous release from a pipeline.

Sec. 14. RCW 19.122.070 and 1984 c 144 s 7 are each amended to read as follows:

(1) Any person who fails to notify the one-call system of excavation work that is planned to occur within twenty-five feet of a hazardous liquid or gas pipeline is subject to a civil penalty of not more than five thousand dollars for each violation.

(2) Any person who fails to notify a pipeline company of excavation work that is planned to occur within five feet of a hazardous liquid or gas pipeline, or excavates within five feet of the pipeline without the pipeline company's representative on-site, is subject to a civil penalty of not more than ten thousand dollars for each violation.

(3) Any person who violates any provision of this chapter, and which violation results in damage to underground facilities, is subject to a civil penalty of not more than ((~~one~~)) ten thousand dollars for each violation.

(4) All civil penalties recovered ((~~in such actions~~)) under subsection (1), (2), or (3) of this section shall be deposited in the general fund.

((~~(2)~~)) (5) Any person who willfully or maliciously damages or removes a marking used to identify a hazardous liquid or gas pipeline, as defined in section 2 of this act, is subject to a civil penalty of not more than one thousand dollars for each act.

(6) Any excavator who willfully or maliciously damages a field-marked underground facility shall be liable for treble the costs incurred in repairing or relocating the facility. In those cases in which an excavator fails to notify known underground facility owners or the one-number locator service, any damage to the underground facility shall be deemed willful and malicious and shall be subject to treble damages for costs incurred in repairing or relocating the facility.

((~~(3)~~)) (7) This chapter does not affect any civil remedies for personal injury or for property damage, including that to underground facilities, nor does this chapter create any new civil remedies for such damage.

Sec. 15. RCW 47.44.150 and 1989 c 196 s 1 are each amended to read as follows:

In any action for damages against the state of Washington, its agents, contractors, or employees by reason of damages to a utility or other facility located on a state highway, the damages are limited to the cost of repair of the utility or facility and are recoverable only in those instances where the utility or facility is authorized to be located on the state highway. However, the state is subject to the penalties provided in RCW 19.122.070 ((~~(1)~~)) (3) and ((~~(2)~~)) (6) only if the state has failed to give a notice meeting the requirements of RCW 19.122.030 to utilities or facilities that are authorized to be located on the state highway.

NEW SECTION. Sec. 16. (1) A pipeline company that fails to comply with any provision of this chapter shall be subject to civil penalties of not less than five thousand dollars.

(2) A pipeline company that fails to report a dangerous release shall be guilty of a class B felony punishable under RCW 9A.20.021 if:

(a) The company knows or has reason to know that a dangerous release exists;

(b) The company does not immediately report the release to the local first responder; and

NEW SECTION. Sec. 17. A pipeline that is wholly located on the owner's property is exempt from the provisions of this chapter.

NEW SECTION. Sec. 18. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 19. This act may be known and cited as the Washington state pipeline safety act.

NEW SECTION. Sec. 20. Sections 1 through 9, 13, and 16 through 19 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 21. RCW 81.88.040 (Intrastate pipeline safety standards--Definitions--Rules--Violations) and 1998 c 123 s 1 are each repealed."

SSB 6441 - S AMD - 056

By Senator Honeyford

PULLED 2/14/00

On page 1, line 1 of the title, after "safety;" strike the remainder of the title and insert "amending RCW 19.122.050, 19.122.070, and 47.44.150; adding a new section to chapter 19.122 RCW; adding a new section to chapter 48.48 RCW; adding a new chapter to Title 70 RCW; repealing RCW 81.88.040; and prescribing penalties."