AN
ACT Relating to oil and gas pipeline safety; amending RCW 81.88.040,
19.122.020, and 19.122.030; adding new sections to chapter 81.88 RCW; adding a
new section to chapter 43.110 RCW; adding new sections to chapter 80.28 RCW;
adding new sections to chapter 19.122 RCW; adding a new section to chapter
48.48 RCW; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (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.
(2)
The legislature recognizes that additional federal authority is needed to
implement a comprehensive pipeline safety program and by this act and other
measures directs the state to seek that authority.
(3)
It is also the intent of the legislature that the governor work with the state
congressional delegation in seeking:
(a)
To amend the federal pipeline safety act to delegate authority to qualified
states to adopt and enforce standards equal to or more stringent than federal
standards;
(b)
State authority to administer and enforce federal requirements related to
pipeline safety; and
(c)
Higher levels of funding for state and federal pipeline safety activities and
for states to respond to pipeline accident emergencies.
(4)
While the legislature acknowledges that serious accidents have occurred for
hazardous liquid and gas pipelines in this nation and elsewhere, it recognizes
that there are fundamental differences between hazardous liquid pipelines and
gas pipelines and that a different system of safety regulations must be applied
for each kind of pipeline.
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)
"Department" means the department of ecology.
(3)
"Failsafe" means a design feature that will maintain or result in a
safe condition in the event of malfunction or failure of a power supply,
component, or control device.
(4)
"Gas" means natural gas, flammable gas, or toxic or corrosive gas.
(5)
"Gas pipeline" means all parts of a pipeline facility through which
gas 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. "Gas pipeline"
does not include process or transfer pipelines.
(6)
"Gas pipeline company" means a person or entity constructing, owning,
or operating a gas pipeline for transporting gas. A "gas pipeline
company" does not include: (a) Distribution systems owned and operated
under franchise for the sale, delivery, or distribution of natural gas at
retail; or (b) excavation contractors or other contractors that contract with a
gas pipeline company.
(7)
"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.
(8)
"Local government" means a political subdivision of the state or a
city or town.
(9)
"Person" means an individual, partnership, franchise holder,
association, corporation, a state, a city, a county, or any political
subdivision or instrumentality of a state, and its employees, agents, or legal
representatives.
(10)
"Pipeline," "pipeline system," or "hazardous liquid
pipeline" means all parts of a pipeline facility through which a hazardous
liquid 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.
"Pipeline" or "pipeline system" does not include process or
transfer pipelines.
(11)
"Pipeline company" or "hazardous liquid pipeline company"
means a person or entity constructing, owning, or operating a pipeline for
transporting hazardous liquid. A "pipeline company" does not
include: (a) Distribution systems owned and operated under franchise for the
sale, delivery, or distribution of natural gas at retail; or (b) excavation
contractors or other contractors that contract with a pipeline company.
(12)
"Reportable release" means a spilling, leaking, pouring, emitting,
discharging, or any other uncontrolled escape of a hazardous liquid in excess
of one barrel, or forty-two gallons.
(13)
"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.
(14)
"Transfer pipeline" means a buried or aboveground pipeline used to
carry oil between a tank vessel or transmission pipeline and the first valve
inside secondary containment at the facility provided that any discharge on the
facility side of that first valve will not directly impact waters of the
state. A transfer pipeline includes valves, and other appurtenances connected
to the pipeline, pumping units, and fabricated assemblies associated with
pumping units. A transfer pipeline does not include process pipelines,
pipelines carrying ballast or bilge water, transmission pipelines, or tank
vessel or storage tanks.
(15)
"Transmission pipeline" means a gas pipeline that transports gas
within a storage field, or transports gas from an interstate pipeline or
storage facility to a distribution main or a large volume gas user, or operates
at a hoop stress of twenty percent or more of the specified minimum yield
strength.
Sec.
3. RCW
81.88.040 and 1998 c 123 s 1 are each amended to read as follows:
(1)
((The definitions in this subsection apply throughout this section unless
the context clearly requires otherwise.
(a)
"Pipeline company" means a person or entity constructing, owning, or
operating an intrastate pipeline for transporting hazardous liquid, whether or
not such a person or entity is a public service company otherwise regulated by
the commission. For the purposes of this section, a pipeline company does not
include: (i) Distribution systems owned and operated under franchise for the
sale, delivery, or distribution of natural gas at retail; or (ii) excavation
contractors or other contractors that contract with a pipeline company.
(b)
"Hazardous liquid" means: (i) Petroleum, petroleum products, or
anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect
March 1, 1998; and (ii) 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).
(2)
The commission shall adopt by rule intrastate pipeline safety standards for
pipeline transportation and pipeline facilities that: (a) Apply to pipeline
companies transporting hazardous liquids; (b) cover the design, construction,
and operation of pipelines transporting hazardous liquids; and (c) require
pipeline companies to design, construct, and maintain their pipeline facilities
so they are safe and efficient.
(3))) A person,
officer, agent, or employee of a pipeline company who, as an individual or
acting as an officer, agent, or employee of such a company, violates or fails
to comply with this ((section)) chapter or a rule adopted under
this section, or who procures, aids, or abets another person or entity in the
violation of or noncompliance with this section or a rule adopted under this
section, is guilty of a gross misdemeanor.
(((4)))
(2)(a) A pipeline company, or any person, officer, agent, or employee of
a pipeline company that violates a provision of this section, or a rule adopted
under this section, is subject to a civil penalty to be assessed by the
commission.
(b)
The commission shall adopt rules: (i) Setting penalty amounts, but may not
exceed the penalties specified in the federal pipeline safety laws, 49 U.S.C.
Sec. 60101 et seq.; and (ii) establishing procedures for mitigating
penalties assessed((; and (iii) incorporating by reference other substances
designated as hazardous by the secretary of transportation under 49 U.S.C. Sec.
60101(a)(4))).
(c)
In determining the amount of the penalty, the commission shall consider: (i)
The appropriateness of the penalty in relation to the position of the person
charged with the violation; (ii) the gravity of the violation; and (iii) the
good faith of the person or company charged in attempting to achieve compliance
after notification of the violation.
(d)
The amount of the penalty may be recovered in a civil action in the superior
court of Thurston county or of some other county in which the violator may do
business. In all actions for recovery, the rules of evidence shall be the same
as in ordinary civil actions. All penalties recovered under this section must
be paid into the state treasury and credited to the ((public service
revolving fund)) hazardous liquid pipeline safety account.
(3)
The commission shall adopt rules incorporating by reference other substances
designated as hazardous by the secretary of transportation under 49 U.S.C. Sec.
60101(a)(4).
(((5)))
(4) The commission shall also have the power of injunctive relief, as
required by 49 U.S.C. Sec. 60105(b), to enforce the provisions of this chapter.
(5)
Nothing in this section duplicates the authority of the energy facility site
evaluation council under chapter 80.50 RCW.
NEW
SECTION. Sec. 4. (1)
The hazardous liquid pipeline safety account is created in the custody of the
state treasurer. All receipts from the federal office of pipeline safety and
any other state or federal funds provided for hazardous liquid pipeline safety
must be deposited in the account, except as provided in subsection (2) of this
section. Any fines collected under this chapter, or otherwise designated to
this account must be deposited in the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account may be used only
for funding pipeline safety.
(2)
Federal funds received before June 30, 2001, shall be treated as receipt of
unanticipated funds and expended, without appropriation, for the designated
purposes.
NEW
SECTION. Sec. 5. (1) A
comprehensive program of hazardous liquid pipeline safety is authorized by
sections 2, 4, 5, 9, 11, 13, and 20 of this act, and RCW 81.88.040 to be
developed and implemented consistent with federal law. Except as provided in
subsection (6) of this section, the commission shall administer and enforce all
laws related to hazardous liquid 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, operate, and maintain their
pipeline facilities so they are safe and efficient;
(b)
Require pipeline companies to rapidly locate and isolate all reportable
releases from pipelines, that may include:
(i)
Installation of remote control shut-off valves; and
(ii)
Installation of remotely monitored pressure gauges and meters;
(c)
Require the training and certification of personnel who operate pipelines and
the associated systems;
(d)
Require reporting of emergency situations, including emergency shutdowns and
material defects or physical damage that impair the serviceability of a
pipeline; and
(e)
Require pipeline companies to submit operations safety plans to the commission
once every five years, as well as any amendments to the plan made necessary by
changes to the pipeline system or its operation. The safety plan shall include
emergency response procedures.
(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 for protection of public safety and the environment.
Pipeline operations safety plans shall, at a minimum, 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, internal inspection tool surveys, or another appropriate technique;
(b)
Failsafe systems;
(c)
Safety management systems; and
(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.
(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.
(6)
The authorities of sections 2, 4, 5, 9, 11, 13, and 20 of this act, and RCW
81.88.040 relating to hazardous liquid pipeline safety shall be transferred
from the commission to the department pursuant to section 13 of this act upon
the occurrence of either:
(a)
Amendments to federal pipeline safety laws to eliminate preemption of state
authority to regulate safety requirements for such pipelines; or
(b)
The granting of federal authority to the state to enforce or adopt any safety
requirements for interstate hazardous liquid pipelines.
NEW
SECTION. Sec. 6. (1)
The commission shall develop, in consultation with representatives of hazardous
liquid pipeline companies, gas pipeline companies, local governments, and the
excavation and construction industries: (a) A curricula aimed at the
prevention of third-party excavation damage to hazardous liquid pipelines and
gas pipelines; and (b) a plan for distribution of the curricula.
(2)
The curricula shall include training on:
(a)
Prevention of damage to hazardous liquid and gas pipelines;
(b)
The danger involved if a hazardous liquid or gas pipeline is damaged;
(c)
The significance of hazardous liquid or gas pipeline damage that does not cause
immediate failure; and
(d)
The importance of immediately reporting damage to a hazardous liquid or gas
pipeline and the importance of immediately repairing a damaged hazardous liquid
or gas pipeline.
NEW
SECTION. Sec. 7. (1)
The commission shall require hazardous liquid pipeline companies, and gas
pipeline companies with interstate pipelines, gas transmission pipelines, or
gas pipelines operating over two hundred fifty pounds per square inch gauge, to
provide accurate maps of their pipeline to specifications developed by the
commission sufficient to meet the needs of first responders including
installation depth information when known.
(2)
The commission shall evaluate the sufficiency of the maps and consolidate the
maps into a state-wide geographic information system. The commission shall
assist local governments in obtaining hazardous liquid and gas pipeline
location information and maps. The maps shall be made available to the
one-number locator services as provided in chapter 19.122 RCW. The mapping
system shall be consistent with the United States department of transportation
national pipeline mapping program.
(3)
The mapping system shall be completed by January 1, 2006, and periodically
updated thereafter. The commission shall develop a plan for funding the
geographic information system and report its recommendations to the legislature
by December 15, 2000.
NEW
SECTION. Sec. 8. A
new section is added to chapter 43.110 RCW to read as follows:
The
municipal research council shall, by June 30, 2001, develop and periodically
update, for the consideration by local governments:
(1)
A model ordinance that establishes setback and depth requirements for new
hazardous liquid and gas pipeline construction; and
(2)
A model franchise agreement for jurisdictions through which a hazardous liquid
or gas pipeline is located.
NEW
SECTION. Sec. 9. (1)
The commission and the department shall apply for federal delegation for the
state's program for the purposes of enforcement of federal hazardous liquid
pipeline safety requirements. If the secretary of transportation delegates
inspection authority to the state as provided in this subsection, the
department, at a minimum, shall do the following:
(a)
Inspect hazardous liquid pipelines periodically as specified in the inspection
program;
(b)
Collect fees;
(c)
Order and oversee the testing of hazardous liquid pipelines as authorized by
federal law and regulation; and
(d)
File reports with the United States secretary of transportation as required to
maintain the delegated authority.
(2)
The commission and the department shall also seek federal authority to adopt
safety standards related to the monitoring and testing of interstate hazardous
liquid pipelines.
(3)
Upon delegation 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 department shall adopt rules for interstate pipelines that are
no less stringent than the state's laws and rules for intrastate hazardous
liquid pipelines.
NEW
SECTION. Sec. 10. A
new section is added to chapter 80.28 RCW to read as follows:
(1)
The commission shall seek and accept federal delegation for the commission's
inspectors as federal agents for the purposes of enforcement of federal laws
covering gas pipeline safety and the associated federal rules, as they exist on
the effective date of this section. 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. 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:
(a)
Inspect gas pipelines periodically as specified in the inspection program;
(b)
Collect fees;
(c)
Order and oversee the testing of gas pipelines as authorized by federal law and
regulation; and
(d)
File reports with the United States secretary of transportation as required to
maintain the delegated authority.
(2)
The commission shall also seek federal authority to adopt safety standards
related to the monitoring and testing of interstate gas 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 gas pipelines that
are no less stringent than the state's laws and rules for intrastate gas
pipelines.
NEW
SECTION. Sec. 11. The
commission may inspect any record, map, or written procedure required by
federal law to be kept by a hazardous liquid pipeline company concerning the
reportable releases, and the design, construction, testing, or operation and
maintenance of hazardous liquid pipelines.
NEW
SECTION. Sec. 12. A
new section is added to chapter 80.28 RCW to read as follows:
The
commission may inspect any record, map, or written procedure required by
federal law to be kept by a gas pipeline company concerning the reporting of
gas releases, and the design, construction, testing, or operation and maintenance
of gas pipelines.
NEW
SECTION. Sec. 13. (1)
All powers, duties, and functions of the utilities and transportation
commission pertaining to hazardous liquid pipeline safety, except economic
regulatory authority under chapters 81.88, 80.24, and 81.24 RCW, are
transferred to the department of ecology effective upon the department's
receipt of any delegated federal authority over interstate hazardous liquid
pipelines, or upon such earlier date as the office of financial management may
determine in the event that federal law is amended to remove all or part of the
federal preemption of state regulation of hazardous liquid pipelines. The
timing of the transfer shall be facilitated by a memorandum of agreement
between the two agencies, with any disputes resolved by the office of financial
management. All references to the commission or the utilities and
transportation commission in the Revised Code of Washington shall be construed
to mean the director or the department of ecology when referring to the
functions transferred in this section.
(2)(a)
All reports, documents, surveys, books, records, files, papers, or written
material in the possession of the utilities and transportation commission
pertaining to the powers, functions, and duties transferred shall be delivered
to the custody of the department of ecology. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
utilities and transportation commission in carrying out the powers, functions,
and duties transferred shall be made available to the department of ecology.
All funds, credits, or other assets held in connection with the powers,
functions, and duties transferred shall be assigned to the department of
ecology.
(b)
Any appropriations made to the utilities and transportation commission for
carrying out the powers, functions, and duties transferred shall be transferred
and credited to the department of ecology under the agreement authorized in
subsection (1) of this section.
(c)
Whenever any question arises as to the transfer of any personnel, funds, books,
documents, records, papers, files, equipment, or other tangible property used
or held in the exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same to the state
agencies concerned.
(3)
All employees of the utilities and transportation commission engaged in
performing the powers, functions, and duties transferred are transferred to the
jurisdiction of the department of ecology. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned to the department
of ecology to perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be appropriate
thereafter in accordance with the laws and rules governing state civil service.
(4)
All rules and all pending business before the utilities and transportation
commission pertaining to the powers, functions, and duties transferred shall be
continued and acted upon by the department of ecology. All existing contracts
and obligations shall remain in full force and shall be performed by the
department of ecology.
(5)
The transfer of the powers, duties, functions, and personnel of the utilities
and transportation commission shall not affect the validity of any act
performed before the effective date of this section.
(6)
If apportionments of budgeted funds are required because of the transfers
directed by this section, the director of financial management shall certify
the apportionments to the agencies affected, the state auditor, and the state
treasurer. Each of these shall make the appropriate transfer and adjustments
in funds and appropriation accounts and equipment records in accordance with
the certification.
(7)
Nothing contained in this section may be construed to alter any existing
collective bargaining unit or the provisions of any existing collective
bargaining agreement until the agreement has expired or until the bargaining
unit has been modified by action of the personnel board as provided by law.
NEW
SECTION. Sec. 14. (1)
The citizens committee on pipeline safety is established to advise the state
agencies and other appropriate federal and local government agencies and
officials on matters relating to hazardous liquid and gas pipeline safety,
routing, construction, operation, and maintenance. The committee shall have
thirteen total members who shall be appointed by the governor to staggered
three-year terms and shall consist of: (a) Nine members representing local
government, including elected officials and the public; and (b) four nonvoting
members, representing owners and operators of hazardous liquid and gas
pipelines. The committee shall review and comment on proposed rules and the
operation of the state pipeline safety programs.
(2)
The committee may create one or more technical advisory committees comprised of
gas and hazardous liquid pipeline owners or operators, agency representatives,
natural resource and environmental interests, or other interested parties.
(3)
The 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, shall be provided by the utilities and transportation commission and,
if additional pipeline authority is transferred to it, the department of
ecology.
Sec.
15. RCW
19.122.020 and 1984 c 144 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter:
(1)
"Business day" means any day other than Saturday, Sunday, or a legal
local, state, or federal holiday.
(2)
"Damage" includes the substantial weakening of structural or lateral
support of an underground facility, penetration, impairment, or destruction of
any underground protective coating, housing, or other protective device, or the
severance, partial or complete, of any underground facility to the extent that
the project owner or the affected utility owner determines that repairs are
required.
(3)
"Emergency" means any condition constituting a clear and present
danger to life or property, or a customer service outage.
(4)
"Excavation" means any operation in which earth, rock, or other
material on or below the ground is moved or otherwise displaced by any means,
except the tilling of soil less than twelve inches in depth for agricultural
purposes, or road and ditch maintenance that does not change the original road
grade or ditch flowline.
(5)
"Excavator" means any person who engages directly in excavation.
(6)
"Gas" means natural gas, flammable gas, or toxic or corrosive gas.
(7)
"Hazardous liquid" means: (a) Petroleum, petroleum products, or
anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 as in effect
on March 1, 1998; and (b) carbon dioxide. The utilities and transportation
commission may by rule incorporate by reference other substances designated as
hazardous by the secretary of transportation.
(8)
"Identified facility" means any underground facility which is
indicated in the project plans as being located within the area of proposed
excavation.
(((7)))
(9) "Identified but unlocatable underground facility" means an
underground facility which has been identified but cannot be located with
reasonable accuracy.
(((8)))
(10) "Locatable underground facility" means an underground
facility which can be field-marked with reasonable accuracy.
(((9)))
(11) "Marking" means the use of stakes, paint, or other
clearly identifiable materials to show the field location of underground
facilities, in accordance with the current color code standard of the American
public works association. Markings shall include identification letters
indicating the specific type of the underground facility.
(((10)))
(12) "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.
(((11)))
(13) Pipeline" or "pipeline system" means all or parts of a
pipeline facility through which hazardous liquid or gas 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. "Pipeline" or "pipeline
system" does not include process or transfer pipelines as defined in
section 2 of this act.
(14)
"Pipeline company" means a person or entity constructing, owning, or
operating a pipeline for transporting hazardous liquid or gas. A pipeline
company does not include: (a) Distribution systems owned and operated under
franchise for the sale, delivery, or distribution of natural gas at retail; or
(b) excavation contractors or other contractors that contract with a pipeline
company.
(15)
"Reasonable accuracy" means location within twenty-four inches of the
outside dimensions of both sides of an underground facility.
(((12)))
(16) "Underground facility" means any item buried or placed below
ground for use in connection with the storage or conveyance of water, sewage,
electronic, telephonic or telegraphic communications, cablevision, electric
energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other
substances and including but not limited to pipes, sewers, conduits, cables,
valves, lines, wires, manholes, attachments, and those parts of poles or
anchors below ground. This definition does not include pipelines as defined
in subsection (13) of this section, but does include distribution systems owned
and operated under franchise for the sale, delivery, or distribution of natural
gas at retail.
(((13)))
(17) "One-number locator service" means a service through
which a person can notify utilities and request field-marking of underground
facilities.
NEW
SECTION. Sec. 16. A
new section is added to chapter 19.122 RCW to read as follows:
(1)
By December 31, 2000, the utilities and transportation commission shall cause
to be established a single state-wide toll-free telephone number to be used for
referring excavators to the appropriate one-number locator service.
(2)
The utilities and transportation commission, in consultation with the
Washington utilities coordinating council, shall establish minimum standards
and best management practices for one-number locator services consistent with
the recommendations of the governor's fuel accident prevention and response
team issued in December 1999. By December 31, 2000, the commission shall
provide its recommendations to the appropriate standing committees of the house
of representatives and the senate.
(3)
One-number locator services shall be operated by nongovernmental agencies.
Sec.
17. RCW
19.122.030 and 1988 c 99 s 1 are each amended to read as follows:
(1)
Before commencing any excavation, excluding agriculture tilling less than
twelve inches in depth, the excavator shall provide notice of the scheduled
commencement of excavation to all owners of underground facilities through a
one-number locator service.
(2)
All owners of underground facilities within a one-number locator service area
shall subscribe to the service. One-number locator service rates for
cable television companies will be based on the amount of their underground
facilities. If no one-number locator service is available, notice shall be
provided individually to those owners of underground facilities known to or
suspected of having underground facilities within the area of proposed
excavation. The notice shall be communicated to the owners of underground
facilities not less than two business days or more than ten business days
before the scheduled date for commencement of excavation, unless otherwise
agreed by the parties.
(3)
Upon receipt of the notice provided for in this section, the owner of the
underground facility shall provide the excavator with reasonably accurate
information as to its locatable underground facilities by surface-marking the
location of the facilities. If there are identified but unlocatable
underground facilities, the owner of such facilities shall provide the
excavator with the best available information as to their locations. The owner
of the underground facility providing the information shall respond no later
than two business days after the receipt of the notice or before the excavation
time, at the option of the owner, unless otherwise agreed by the parties.
Excavators shall not excavate until all known facilities have been marked.
Once marked by the owner of the underground facility, the excavator is
responsible for maintaining the markings. Excavators shall have the right to
receive compensation from the owner of the underground facility for costs
incurred if the owner of the underground facility does not locate its
facilities in accordance with this section.
(4)
The owner of the underground facility shall have the right to receive
compensation for costs incurred in responding to excavation notices given less
than two business days prior to the excavation from the excavator.
(5)
An owner of underground facilities is not required to indicate the presence of
existing service laterals or appurtenances if the presence of existing service
laterals or appurtenances on the site of the construction project can be
determined from the presence of other visible facilities, such as buildings,
manholes, or meter and junction boxes on or adjacent to the construction site.
(6)
Emergency excavations are exempt from the time requirements for notification
provided in this section.
(7)
If the excavator, while performing the contract, discovers underground
facilities which are not identified, the excavator shall cease excavating in
the vicinity of the facility and immediately notify the owner or operator of
such facilities, or the one-number locator service.
NEW
SECTION. Sec. 18. A
new section is added to chapter 19.122 RCW to read as follows:
(1)
Before commencing any excavation, excluding agricultural tilling less than
twelve inches in depth, an excavator shall notify pipeline companies of the
scheduled commencement of excavation through
a
one-number locator service in the same manner as is required for notifying
owners of underground facilities of excavation work under RCW 19.122.030.
Pipeline companies shall have the same rights and responsibilities as owners of
underground facilities under RCW 19.122.030 regarding excavation work. Excavators
have the same rights and responsibilities under this section as they have under
RCW 19.122.030.
(2)
Project owners, excavators, and pipeline companies have the same rights and
responsibilities relating to excavation near pipelines that they have for excavation
near underground facilities as provided in RCW 19.122.040.
NEW
SECTION. Sec. 19. A
new section is added to chapter 19.122 RCW to read as follows:
(1)
After a pipeline company has been notified by an excavator pursuant to section
18 of this act that excavation work will uncover any portion of the pipeline,
the pipeline company shall ensure that the pipeline section in the vicinity of
the excavation is examined for damage prior to being reburied.
(2)
Immediately upon receiving information of third-party damage to a hazardous
liquid pipeline, the company that operates the pipeline shall terminate the
flow of hazardous liquid in that pipeline until it has visually inspected the
pipeline. After visual inspection, the operator of the hazardous liquid
pipeline shall determine whether the damaged pipeline section should be
replaced or repaired, or whether it is safe to resume pipeline operation.
Immediately upon receiving information of third-party damage to a gas pipeline,
the company that operates the pipeline shall conduct a visual inspection of the
pipeline to determine whether the flow of gas through that pipeline should be
terminated, and whether the damaged pipeline should be replaced or repaired. A
record of the pipeline company's inspection report and test results shall be
provided to the utilities and transportation commission consistent with
reporting requirements under 49 C.F.R. 195 Subpart B.
(3)
Pipeline companies shall immediately notify local first responders and the
department of any reportable release of a hazardous liquid from a pipeline.
Pipeline companies shall immediately notify local first responders and the
commission of any blowing gas leak from a gas pipeline that has ignited or
represents a probable hazard to persons or property. Pipeline companies shall
take all appropriate steps to ensure the public safety in the event of a
release of hazardous liquid or gas under this subsection.
(4)
No damaged pipeline may be buried until it is repaired or relocated. The
pipeline company shall arrange for repairs or relocation of a damaged pipeline
as soon as is practical or may permit the excavator to do necessary repairs or
relocation at a mutually acceptable price.
NEW
SECTION. Sec. 20. A
new section is added to chapter 48.48 RCW to read as follows:
(1)
The chief of the Washington state patrol, through the director of fire
protection or his or her authorized deputy, shall, in consultation with the
emergency management program within the state military department, the
department of ecology, the utilities and transportation commission, and local
emergency services organizations:
(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 and personnel 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 hazardous liquid and gas 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.
Separate curricula shall be developed for hazardous liquid and gas pipelines so
that the differences between pipelines may be recognized and appropriate
accident responses provided. 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. 21. A
pipeline company that has been notified by an excavator that excavation work
will occur near a hazardous liquid pipeline shall ensure that the pipeline
company's representative consults with the excavator on-site prior to the excavation.
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.
NEW
SECTION. Sec. 22. A
new section is added to chapter 80.28 RCW to read as follows:
A
gas pipeline company that has been notified by an excavator that excavation
work will occur near a gas transmission pipeline shall ensure that the pipeline
company's representative consults with the excavator on-site prior to the
excavation. The gas 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.
NEW
SECTION. Sec. 23. A
new section is added to chapter 19.122 RCW to read as follows:
Any
person who willfully damages or removes a permanent marking used to identify an
underground facility or pipeline, or a temporary marking prior to its intended
use, is subject to a civil penalty of not more than one thousand dollars for
each act.
NEW
SECTION. Sec. 24. A
new section is added to chapter 19.122 RCW to read as follows:
(1)
Any person who fails to notify the one-number locator service and causes damage
to a hazardous liquid or gas pipeline is subject to a civil penalty of not more
than ten thousand dollars for each violation.
(2)
All civil penalties recovered under this section relating to hazardous liquid
pipelines shall be deposited into the hazardous liquid pipeline safety account
created in section 4 of this act. All civil penalties recovered under this
section relating to gas pipelines shall be deposited in the general fund and
expended for the purpose of enforcement of gas pipeline safety laws.
NEW
SECTION. Sec. 25. A
pipeline containing petroleum or petroleum products that is wholly owned by an
individual and which pipeline is located wholly on the individual's property,
that is not adjoining marine waters, is exempt from the provisions of this
chapter. This exemption applies only for pipelines that do not have any
connections to pipelines or facilities that extend beyond the pipeline owner's
property and the petroleum or petroleum products must be for use only at that
location.
NEW
SECTION. Sec. 26. 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. 27. This
act may be known and cited as the Washington state pipeline safety act.
NEW
SECTION. Sec. 28.
Sections 1, 2, 4 through 7, 9, 11, 13, 14, 21, and 25 through 27 of this act
are each added to chapter 81.88 RCW.
NEW SECTION. Sec. 29. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
