Amendments for HB24-1357

House Journal, April 19
30 HB24-1357 be amended as follows, and as so amended, be referred to
31 the Committee on Finance with favorable
32 recommendation:
33
34 Amend printed bill, page 3, strike lines 2 through 23.
35
36 Strike pages 4 through 7.
37
38 Page 8, strike lines 1 through 20 and substitute:
39
40 "SECTION 1. In Colorado Revised Statutes, 40-2-115, amend
41 (1)(d)(II)(E), (2) introductory portion, and (2)(f); and add (1)(d.5),
42 (2)(d.2), (2)(d.3), (2)(d.5), (2)(d.7), and (2)(i.5) as follows:
43 40-2-115. Cooperation with other states and with the United
44 States - natural gas pipeline safety - customer-owned service line
45 maintenance and repairs notice of responsibility - rules - definitions.
46 (1) (d) (II) The commission's gas pipeline safety rules must address and
47 may be more stringent than required by federal standards with regard to:
48 (E) SUBJECT TO SUBSECTION (1)(d.5)(I) OF THIS SECTION, use of
49 advanced leak detection technology to meet the need for pipeline safety
50 and protection of the environment;
51 (d.5) ON OR BEFORE SEPTEMBER 1, 2025, THE COMMISSION SHALL
52 ADOPT RULES THAT:
53
1 (I) REQUIRE AN OWNER OR OPERATOR OF A TRANSMISSION LINE,
2 GATHERING LINE, OR DISTRIBUTION SYSTEM TO SUBMIT A WRITTEN
3 ADVANCED LEAK DETECTION PROGRAM TO THE COMMISSION. THE RULES
4 ADOPTED PURSUANT TO THIS SUBSECTION (1)(d.5)(I) MUST CONTAIN
5 MINIMUM REQUIREMENTS FOR THE PROGRAMS, INCLUDING THE
6 FOLLOWING:
7 (A) USE OF COMMERCIALLY AVAILABLE LEAK DETECTION EQUIPMENT
8 AND TECHNOLOGY, INCLUDING AERIAL SCREENING, HANDHELD LEAK
9 DETECTION, AND MOBILE SURVEYS;
10 (B) DETECTION SENSITIVITY LEVELS FOR EACH TECHNOLOGY OR
11 EQUIPMENT;
12 (C) FREQUENCY OF LEAK SURVEYS;
13 (D) LEAK DETECTION PROCEDURES;
14 (E) PROGRAM EVALUATION; AND
15 (F) LEAK SURVEY REQUIREMENTS FOR TRANSMISSION LINES,
16 GATHERING LINES, OR DISTRIBUTION SYSTEMS ROAD AND RAILROAD
17 CROSSINGS;
18 (II) REQUIRE ANY OWNER OR OPERATOR OF A GATHERING LINE TO:
19 (A) ESTABLISH A DAMAGE PREVENTION PROGRAM IN ACCORDANCE
20 WITH 49 CFR 192.614;
21 (B) DEVELOP AN EMERGENCY PLAN IN ACCORDANCE WITH 49 CFR
22 192.615;
23 (C) DEVELOP A PUBLIC AWARENESS PROGRAM IN ACCORDANCE WITH
24 49 CFR 192.616; AND
25 (D) DEVELOP LEAKAGE SURVEYS IN ACCORDANCE WITH 49 CFR
26 192.706;
27 (III) REQUIRE AN OWNER OR OPERATOR TO REPAIR LEAKS IN THE
28 FOLLOWING MANNER:
29 (A) A GRADE 1 GAS LEAK MUST BE REPAIRED IMMEDIATELY UPON
30 DETECTION;
31 (B) A GRADE 2 GAS LEAK OF A GATHERING LINE MUST BE REPAIRED NO
32 LATER THAN SIXTY DAYS AFTER DETECTION;
33 (C) A GRADE 2 GAS LEAK OF A TRANSMISSION LINE OR A DISTRIBUTION
34 SYSTEM MUST BE REPAIRED NO LATER THAN SIX MONTHS AFTER
35 DETECTION;
36 (D) A GRADE 3 GAS LEAK OF A GATHERING LINE MUST BE REPAIRED NO
37 LATER THAN ONE YEAR AFTER DETECTION; AND
38 (E) A GRADE 3 GAS LEAK OF A TRANSMISSION LINE OR A DISTRIBUTION
39 SYSTEM MUST BE REPAIRED NO LATER THAN TWO YEARS AFTER
40 DETECTION; AND
41 (IV) ESTABLISH REMOVAL OR ABANDONMENT IN PLACE
42 REQUIREMENTS FOR ANY SECTION OF TRANSMISSION LINE, GATHERING
43 LINE, OR TRANSMISSION SYSTEM THAT HAS NOT BEEN USED FOR TWO OR
44 MORE YEARS. THE RULES ADOPTED PURSUANT TO THIS SUBSECTION
45 (1)(d.5)(IV) MUST CONSIDER THE LOCATION OF THE TRANSMISSION LINE,
46 GATHERING LINE, OR TRANSMISSION SYSTEM; THE TRANSMISSION LINE'S,
47 GATHERING LINE'S, OR TRANSMISSION SYSTEM'S PROXIMITY TO SENSITIVE
48 HABITAT, NATURAL RESOURCES, AND PUBLIC ROADS AND FACILITIES;
49 LOCAL GOVERNMENT INPUT; AND THE IMPACTS OF REMOVAL TO PUBLIC
50 HEALTH, SAFETY, WELFARE, THE ENVIRONMENT, AND WILDLIFE
51 RESOURCES.
52 (2) As used in this section AND IN SECTION 40-2-115.5, unless the
53 context otherwise requires, or as otherwise defined in commission rules:
54
1 (d.2) "GATHERING LINE" MEANS A TYPE A, TYPE B, TYPE C, OR TYPE
2 R GATHERING PIPELINE, REGARDLESS OF DIAMETER, AS DETERMINED
3 PURSUANT TO 49 CFR 192.8, AS AMENDED.
4 (d.3) "GRADE 1 GAS LEAK" MEANS A LEAK THAT REPRESENTS AN
5 EXISTING OR PROBABLE HAZARD TO PERSONS OR PROPERTY AND THAT
6 REQUIRES IMMEDIATE REPAIR OR CONTINUOUS ACTION UNTIL THE
7 CONDITIONS ARE NO LONGER HAZARDOUS.
8 (d.5) "GRADE 2 GAS LEAK" MEANS A LEAK THAT IS RECOGNIZED AS
9 BEING NONHAZARDOUS AT THE TIME OF DETECTION BUT JUSTIFIES
10 SCHEDULED REPAIR BASED ON PROBABLE FUTURE HAZARD.
11 (d.7) "GRADE 3 GAS LEAK" MEANS A LEAK THAT IS NONHAZARDOUS
12 AT THE TIME OF DETECTION AND CAN BE REASONABLY EXPECTED TO
13 REMAIN NONHAZARDOUS.
14 (f) "Owner or operator" means an owner or operator of a distribution
15 system, GATHERING LINE, OR TRANSMISSION LINE or an investor-owned
16 natural gas utility.
17 (i.5) "TRANSMISSION LINE" HAS THE MEANING SET FORTH IN 49 CFR
18 192.3, AS AMENDED.".
19
20 Page 8, line 23, strike "user-friendly, public-facing".
21
22 Page 8, line 24, strike "internet" and "rules -".
23
24 Page 8, line 26, strike "2025," and substitute "2026," and strike
25 "USER-FRIENDLY, PUBLIC-FACING".
26
27 Page 8, strike line 27.
28
29 Page 9, strike line 1 and substitute "WEBSITE TO PROVIDE THE PUBLIC
30 WITH ACCESS TO INFORMATION".
31
32 Page 9, after line 3 insert:
33
34 "(I) COMPLAINTS REGARDING PIPELINES OR PIPELINE OWNERS OR
35 OPERATORS AND HOW EACH COMPLAINT IS ADDRESSED BY THE
36 COMMISSION;".
37
38 Renumber succeeding subparagraphs accordingly.
39
40 Page 9, line 4, strike "EVENTS;" and substitute "EVENTS AND THE
41 COMMISSION'S RESPONSE TO EACH EVENT;".
42
43 Page 10, line 14, after "(c)" insert "(I)".
44
45 Page 10, after line 18 insert:
46
47 "(II) (A) NOTWITHSTANDING THE "PROCUREMENT CODE", ARTICLES
48 101 TO 112 OF TITLE 24, TO PREPARE THE WEBSITE, THE COMMISSION MAY
49 ENGAGE THE SERVICES OF CONTRACTORS; LEGAL COUNSEL; CONSULTANTS,
50 INCLUDING CONSULTANTS WITH EXPERTISE IN PIPELINE SAFETY;
51 INSTITUTIONS OF HIGHER EDUCATION; PUBLIC RESEARCH LABORATORIES;
52 PRIVATE RESEARCH INSTITUTIONS; AND THE ATTORNEY GENERAL'S OFFICE
53 FOR PROFESSIONAL AND TECHNICAL ASSISTANCE, ADVICE, AND OTHER
54 GOODS AND SERVICES, INCLUDING INFORMATION TECHNOLOGY SERVICES.
55 (B) THE COMMISSION SHALL ENCOURAGE DIVERSITY IN APPLICANTS
1 FOR CONTRACTS PURSUANT TO SUBSECTION (1)(c)(II)(A) OF THIS SECTION
2 AND AVOID USING SINGLE-SOURCE BIDS.".
3
4 Page 12, strike lines 3 and 4 and substitute:
5
6 "(II) "WEBSITE" MEANS A PUBLIC-FACING, INTERACTIVE,
7 SEARCHABLE, ELECTRONIC".
8
9 Page 12, line 14, strike "(1)(e), OR (1)(g)" and substitute "OR (1)(e)".
10
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