Pipeline inspection and safety.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0044

ENROLLED ACT NO. 63, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
public service commission; changing the name of the Natural Gas Pipeline Safety Act of 1968 to the Pipeline Inspection, Protection
, Enforcement
,
and Safety Act of 2006; increasing penalties;

eliminating
an outdated definition no longer used regarding
supplemental safety jurisdiction;
providing for
acceptance by the state of Wyoming of delegation of authority;
modifying breadth of supplemental safety jurisdiction;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 37
‑
2
‑
128
and 37
‑
2
‑
131(a) are amended to read:

37
‑
2
‑
128.

Civil penalty for violation of federal Pipeline Inspection, Protection
, Enforcement
,
and Safety Act of 2006; generally.

Where the commission has exercised authority under the provisions of the federal
Natural Gas Pipeline Safety Act of 1968
,
49 U.S.C. 1671 through 1687
Pipeline Inspection, Protection
, Enforcement
,
and Safety Act of 2006
,
49 U.S.C.
§
60101
,

et seq
.
, and amendments thereto, to regulate gas safety in the state of Wyoming, any person or persons as defined in that act who hereafter violate any provision of that act as made applicable to jurisdictional activities within the state of Wyoming
shall

may

be subject to a civil penalty not to exceed
twenty-five thousand dollars ($25,000.00)

on
e hundred thousand dollars ($
1
00,000.00)
for violation for each day that the violation persists. However, the maximum civil penalty shall not exceed
five hundred thousand dollars ($500,000.00)

on
e
million dollars ($1,0
00,000.00)
for any related series of violations.

37
‑
2
‑
131.

Supplemental safety jurisdiction of commission.

(a)

The commission shall have regulatory safety jurisdiction over any "intrastate gas pipeline facility" as defined under the
Natural Gas Pipeline Safety Act of 1968;

Pipeline Inspection, Protection
, Enforcement
,
and Safety Act of 2006
,

49 U.S.C.
§

60101, et seq., as amended, for the sole purpose of implementing the safety standards and practices of the federal act to such intrastate gas pipeline facility. This jurisdiction shall not apply to an "intrastate gas pipeline facility" which is otherwise subject to federal regulatory jurisdiction for safety purposes. The commission is authorized under this section to implement such safety standards and practices only to the extent the secretary of transportation is so authorized under the
Natural Gas Pipeline Safety Act

Pipeline Inspection, Protection
, Enforcement
,
and Safety Act of 2006
. The commission's jurisdiction under this section shall only apply where the secretary of transportation has delegated, or otherwise authorized, the state of
Wyoming
to act on his behalf
,
. T
he supplemental safety jurisdiction granted under this section shall not include the gathering of gas by pipeline in any rural locations which lie outside the limits of any incorporated or unincorporated city, town, village or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development or any similarly populated area

and the state of Wyoming has formally accepted the delegation or other authorization prior to the exercise of the jurisdiction by the commission
.

Section 2.

This act is effective July 1, 2009.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1