49-34B-3. Pipeline safety inspection program created--Compliance program.

There is created a pipeline safety inspection program. The federal safety standards adopted as Code of Federal Regulations, title 49 appendix, parts 191, 192, 193, and 199 as amended to January 1, 2023, are adopted as minimum safety standards for this chapter. The commission shall establish and implement a compliance program to enforce these safety standards. The program shall be established and implemented in a manner that fully complies with requirements for state certification under the United States Code, title 49, section 60105, as amended to January 1, 2023.

Source: SL 1994, ch 357, § 2; SL 1995, ch 264, § 2; SL 1997, ch 268, § 2; SL 1999, ch 230, § 2; SL 2001, ch 258, § 2; SL 2003, ch 240, § 2; SL 2005, ch 247, § 2; SL 2007, ch 273, § 3; SL 2009, ch 242, § 3; SL 2010, ch 225, § 3; SL 2011, ch 210, § 3; SL 2012, ch 231, § 3; SL 2016, ch 226, § 3; SL 2019, ch 199, § 2; SL 2021, ch 201, § 1; SL 2023, ch 158, § 2.

49-34B-4. Promulgation of safety standards--Considerations.

The commission may, by rules promulgated pursuant to chapter 1-26, establish safety standards, but not more stringent than federal safety standards as provided by § 49-34B-3, for the intrastate transportation of gas and gas pipeline facilities. The standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of gas pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing do not apply to pipeline facilities in existence on the date the standards are adopted by either this state or the federal government. The safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing the standards, the commission shall consider:

(1)    Relevant available pipeline safety data;

(2)    Whether the standards are appropriate for the particular type of pipeline transportation of gas;

(3)    The reasonableness of any proposed standards;

(4)    The extent to which the standard will contribute to public safety; and

(5)    The existing standards established by the secretary of the United States Department of Transportation pursuant to the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023.

Source: SL 1994, ch 357, § 3; SL 1995, ch 264, § 3; SL 1997, ch 268, § 3; SL 1999, ch 230, § 3; SL 2001, ch 258, § 3; SL 2003, ch 240, § 3; SL 2005, ch 247, § 3; SL 2007, ch 273, § 4; SL 2009, ch 242, § 4; SL 2010, ch 225, § 4; SL 2011, ch 210, § 4; SL 2012, ch 231, § 4; SL 2016, ch 226, § 4; SL 2019, ch 199, § 3; SL 2021, ch 201, § 2; SL 2023, ch 158, § 3.

49-34B-5. Noncompliance--Hearing--Corrective action.

Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall at all times after the effective date of any applicable safety standard established under this chapter comply with the requirements of the standard. If the commission finds, after notice and opportunity for hearing, that a person has failed to comply with any applicable safety standard, the commission may order the person to take necessary corrective action to comply with the standard. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action, as appropriate. The commission may issue an order without notice and opportunity for hearing if the commission determines that to do otherwise would result in the likelihood of serious harm to life, health, environment, or property. The commission shall include in such an order an opportunity for hearing as soon as practicable after issuance of the order.

Source: SL 1994, ch 357, § 4.

49-34B-6. Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision.

The commission may require any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities subject to the provisions of this chapter to file with the commission a plan for inspection and maintenance of each such facility owned or operated by the person, and any changes in the plan, in accordance with the rules promulgated by the commission pursuant to chapter 1-26. On finding that the plan is inadequate to achieve safe operation, the commission shall, after notice and opportunity for a hearing, require the plan to be revised. In determining the adequacy of the plan, the commission shall consider:

(1)    Relevant available pipeline safety data;

(2)    Whether the plan is appropriate for the particular type of pipeline transportation of gas;

(3)    The reasonableness of the plan; and

(4)    The extent to which the plan will contribute to public safety.

Source: SL 1994, ch 357, § 5.

49-34B-7. Required records and information--Inspection by employee or agent of commission.

Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall establish, maintain, and provide such records, reports, and information as the commission may require to determine whether the person has complied with the provisions of this chapter and the standards established under this chapter. Any such person shall, upon request of an employee or agent authorized by the commission, permit the employee or agent to inspect facilities, books, papers, records, and documents relevant to determining whether the person has complied with this chapter and the standards established pursuant to this chapter. Any employee or agent of the commission, upon presenting appropriate credentials to the individual in charge, may enter upon and inspect gas pipeline facilities at reasonable times and in a reasonable manner.

Source: SL 1994, ch 357, § 6.

49-34B-8. Programs for prevention of damage.

The commission shall encourage and promote programs designed to prevent damage to natural gas pipeline facilities as a consequence of demolition, excavation, tunneling, or construction activity.

Source: SL 1994, ch 357, § 7.

49-34B-9. Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipeline safety account established.

From each pipeline operator subject to the intrastate pipeline inspection authority under this chapter, the commission shall assess and collect an inspection fee in an amount calculated according to § 49-34B-10. To the extent it has jurisdiction, the commission shall allow the operator full rate recovery of inspection fees. The inspection fee shall be assessed annually. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order may be appealed pursuant to chapter 1-26. If an operator does not pay, or object to, the fee within thirty days after the assessment was mailed, the commission may impose a delinquency fee of ten percent of the inspection fee and interest at the rate of fifteen percent per year on the portion of the fee not paid. Fees collected under this section shall be credited to the pipeline safety account which is hereby established in the state treasury. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.

Source: SL 1994, ch 357, § 8; SL 2007, ch 273, § 5.

49-34B-10. Calculating inspection fee for intrastate operators.

For each inspection fee assessed to intrastate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific intrastate pipeline facilities shall be directly charged to the appropriate pipeline operators on an annual basis. For all expenses not directly attributable to intrastate gas distribution facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the number of meters in service on the preceding December thirty-first. For all expenses not directly attributable to intrastate gas transmission and gathering facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the percentage of total miles to be inspected that are or will be operated by each pipeline operator. For all expenses not directly attributable to intrastate liquefied petroleum gas facilities, the commission shall assess each pipeline operator for a pro rata share of expenses and obligations based on the percentage of total miles to be inspected that are or will be operated by each pipeline operator, until the commission adopts a rule providing for metered billing of facilities carrying liquefied petroleum gas.

Source: SL 1994, ch 357, § 9; SL 2007, ch 273, § 6.

49-34B-11. Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Fees credited to pipeline safety account.

An initial inspection fee shall be assessed on July 1, 1994, to all intrastate gas pipeline operators. The initial inspection fee is one hundred thousand dollars and shall be prorated among all intrastate gas pipeline operators based on their number of meters or miles of line, whichever is applicable, which are in service on December 31, 1993. To the extent it has jurisdiction, the commission shall allow the operator full rate recovery of the initial inspection fee. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order may be appealed pursuant to chapter 1-26. If an operator does not pay, or object to, the initial inspection fee within thirty days after the assessment was mailed, the commission may impose a delinquency fee of ten percent of the initial inspection fee and interest at the rate of fifteen percent per year on the portion of the fee not paid. Fees collected under this section shall be credited to the pipeline safety account established in § 49-34B-9. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.

Source: SL 1994, ch 357, § 10.

49-34B-12. Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.

Any person who violates any provision of this chapter or any rule promulgated pursuant to this chapter is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The civil penalty may not exceed two hundred thousand dollars for each violation each day that the violation persists, except that the maximum civil penalty may not exceed two million dollars for any related series of violations. In determining the amount of the penalty upon finding a violation, or the amount of a compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this chapter shall be deposited in the state treasury to the credit of the pipeline safety account, established pursuant to § 49-34B-9. This section does not apply to interstate gas pipeline facilities.

Source: SL 1994, ch 357, § 11; SL 2012, ch 231, § 5; SL 2019, ch 199, § 4.

49-34B-13. Conduct in violation of federal act--Authority of commission to pursue remedies.

No person is subject to civil penalties under this chapter if prior civil penalties have been imposed under the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023, for conduct that may give rise to a violation of both acts. Nothing in this chapter limits the powers of the commission, or precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the commission or any other person. Administrative remedies need not be exhausted in order to proceed under this chapter. The remedies provided by this chapter are in addition to those provided under existing statutory or common law.

Source: SL 1994, ch 357, § 12; SL 1995, ch 264, § 4; SL 1997, ch 268, § 4; SL 1999, ch 230, § 4; SL 2001, ch 258, § 4; SL 2003, ch 240, § 4; SL 2005, ch 247, § 4; SL 2007, ch 273, § 7; SL 2009, ch 242, § 5; SL 2010, ch 225, § 5; SL 2011, ch 210, § 5; SL 2012, ch 231, § 6; SL 2016, ch 226, § 5; SL 2019, ch 199, § 5; SL 2021, ch 201, § 3; SL 2023, ch 158, § 4.

49-34B-14. Commission as agent of United States Department of Transportation in regulating interstate pipelines.

The commission may, to the extent authorized by agreement with the secretary of the United States Department of Transportation, act as agent for the secretary of transportation to implement the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023, and any federal pipeline safety regulations promulgated thereto with respect to interstate gas pipelines located within this state, as necessary to obtain annual federal certification. The commission shall, to the extent authorized by federal law, inspect pipelines in the state as authorized by the provisions of this chapter.

Source: SL 1994, ch 357, § 13; SL 1995, ch 264, § 5; SL 1997, ch 268, § 5; SL 1999, ch 230, § 5; SL 2001, ch 258, § 5; SL 2003, ch 240, § 5; SL 2005, ch 247, § 5; SL 2007, ch 273, § 8; SL 2009, ch 242, § 6; SL 2010, ch 225, § 6; SL 2011, ch 210, § 6; SL 2012, ch 231, § 7; SL 2016, ch 226, § 6; SL 2019, ch 199, § 6; SL 2021, ch 201, § 4; SL 2023, ch 158, § 5.

49-34B-15. Designation of commission's inspectors as federal agents.

The commission may seek and accept federal designation of the commission's pipeline inspectors as federal agents for the purposes of inspection pursuant to the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023, and federal rules adopted to implement those acts. If the Department of Transportation delegates inspection authority to the state as provided in this section, the commission shall do what is necessary to carry out its delegated federal authority.

Source: SL 1994, ch 357, § 14; SL 1995, ch 264, § 6; SL 1997, ch 268, § 6; SL 1999, ch 230, § 6; SL 2001, ch 258, § 6; SL 2003, ch 240, § 6; SL 2005, ch 247, § 6; SL 2007, ch 273, § 9; SL 2009, ch 242, § 7; SL 2010, ch 225, § 7; SL 2011, ch 210, § 7; SL 2012, ch 231, § 8; SL 2016, ch 226, § 7; SL 2019, ch 199, § 7; SL 2021, ch 201, § 5; SL 2023, ch 158, § 6.

49-34B-16. Inspection fee for interstate operators--Objections to fee--Fees deposited in pipeline safety account.

From each pipeline operator subject to the interstate pipeline inspection authority granted under this chapter, the commission shall assess and collect an inspection fee in an amount calculated under § 49-34B-17. The inspection fee shall be assessed annually. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order shall be appealable pursuant to chapter 1-26. If an operator does not pay, or object to, the fee within thirty days after the assessment is mailed, the commission may impose a delinquency fee of ten percent of the inspection fee and interest at the rate of fifteen percent per year on the portion of the fee not paid. Fees collected under this section shall be deposited in the pipeline safety account established in § 49-34B-9. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.

Source: SL 1994, ch 357, § 15; SL 2007, ch 273, § 10.

49-34B-17. Calculation of interstate operator's inspection fee.

For each inspection fee assessed to interstate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific interstate gas pipeline facilities shall be directly charged to the appropriate pipeline operators on an annual basis. For all expenses not directly attributable to interstate pipeline facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the percentage of the total miles of pipeline to be inspected that are operated or will be operated by each pipeline operator.

Source: SL 1994, ch 357, § 16; SL 2007, ch 273, § 11.

49-34B-18. Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee.

Upon certification as a federal agent, the commission shall assess an initial inspection fee upon all interstate gas pipeline operators. The initial inspection fee is based on the commission's estimated costs of its first six months of operation as a federal agent. The initial inspection fee shall be prorated based on each interstate gas pipeline operator's total miles of line located within this state. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order shall be appealable pursuant to chapter 1-26. If an operator does not pay, or object to, the initial inspection fee within thirty days after the assessment is mailed, the commission may impose a delinquency fee of ten percent of the initial inspection fee and interest at the rate of fifteen percent per year on the portion of the initial inspection fee not paid. Fees collected under this section shall be deposited in the pipeline safety account established in § 49-34B-9. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.

Source: SL 1994, ch 357, § 17.

49-34B-19. Promulgation of inspection and safety rules.

The commission may promulgate pipeline inspection and safety rules, pursuant to chapter 1-26, to the extent necessary to enable the state to qualify for annual federal certification to operate the federal pipeline inspection program of intrastate and interstate gas pipelines as authorized by the United States Code, title 49, section 60101 et seq. as amended to January 1, 2023.

Source: SL 1994, ch 357, § 18; SL 1995, ch 264, § 7; SL 1997, ch 268, § 7; SL 1999, ch 230, § 7; SL 2001, ch 258, § 7; SL 2003, ch 240, § 7; SL 2005, ch 247, § 7; SL 2007, ch 273, § 12; SL 2009, ch 242, § 8; SL 2010, ch 225, § 8; SL 2011, ch 210, § 8; SL 2012, ch 231, § 9; SL 2016, ch 226, § 8; SL 2019, ch 199, § 8; SL 2021, ch 201, § 6; SL 2023, ch 158, § 7.

49-34B-20. Promulgation of rules for calculation, assessment, and collection of fees.

The commission may promulgate rules pursuant to chapter 1-26 governing the calculation, assessment, and collection of the fees imposed in §§ 49-34B-9 to 49-34B-11, inclusive, and 49-34B-16 to 49-34B-18, inclusive.

Source: SL 1994, ch 357, § 19.

49-34B-21. Accident report available in judicial proceedings.

Any accident report related to pipeline safety made by an employee or agent of the commission is available for use in any civil, criminal, or other judicial proceeding arising out of the accident. The employee or agent may be required to testify in the proceedings as to the facts developed in the investigation. A report made available to the public need not identify individuals. Any report on research projects, demonstration projects, and other related activities is public information.

Source: SL 1994, ch 357, § 20.

49-34B-22. Trade secrets information confidential.

All information reported to or obtained by the commission under this chapter that contains or relates to a trade secret referred to in United States Code, title 18, section 1905, as amended to January 1, 2023, or that is granted by chapter 37-29 is confidential for the purpose of that section, except that the information may be disclosed to the commission or commission employee or agent concerned with enforcing this chapter. Nothing in this section authorizes the withholding of information by the commission from a committee of the Legislature.

Source: SL 1994, ch 357, § 21; SL 1997, ch 268, § 8; SL 1999, ch 230, § 8; SL 2001, ch 258, § 8; SL 2003, ch 240, § 8; SL 2005, ch 247, § 8; SL 2007, ch 273, § 13; SL 2009, ch 242, § 9; SL 2010, ch 225, § 9; SL 2011, ch 210, § 9; SL 2012, ch 231, § 10; SL 2016, ch 226, § 9; SL 2019, ch 199, § 9; SL 2023, ch 158, § 8.

49-34B-23. Acceptance of federal moneys.

The commission may accept any moneys made available to this state by the United States of America or any department or agency thereof with respect to prescribing, setting, and enforcing rules and safety standards for the transportation of natural and other gas by pipelines in accordance with federal law. Any moneys received shall be credited to the pipeline safety account, established pursuant to § 49-34B-9. The commission may do anything not contrary to the laws of this state or required of this state by federal law in order to obtain such federal money.

Source: SL 1994, ch 357, § 22.

49-34B-24. Waiver of compliance with standards--Reasons to be stated.

Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, the commission may, after notice and opportunity for hearing and under such terms and conditions and to such extent as the commission deems appropriate, waive in whole or in part compliance with any standards established pursuant to this chapter, on determining that a waiver of compliance with such standard is not inconsistent with gas pipeline safety. The commission shall state the reasons for any such waiver.

Source: SL 1994, ch 357, § 23.

49-34B-25. Damaging or tampering with sign or line markers prohibited--Violation as misdemeanor.

No person may deface, mar, damage, remove, injure, displace, destroy, or tamper with any sign or line marker marking the location of a pipeline. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1994, ch 357, § 24.

49-34B-26. Prohibition against disposing of, destroying or altering pipeline involved in emergency release--Violation as felony.

After an emergency release from a pipeline has occurred, no pipeline operator, or its employee or agent, may dispose of, destroy, or alter the part of a pipeline that was involved in the emergency release until approval is granted by the commission. This section does not prevent an operator from taking appropriate action to limit or prevent the further release of gas. The authority of the commission to grant approval may not be delegated.

This section may not be construed to prevent the excavation and removal from the ground of a pipeline or part of a pipeline if the pipeline is not intentionally altered in a manner that prevents or hinders a determination of the cause of the emergency release. A person who knowingly violates the provisions of this section, or who denies the commission access to the pipeline for the purposes of inspection, is guilty of a Class 5 felony.

Source: SL 1994, ch 357, § 25.

49-34B-27. Powers of commission in enforcement of chapter.

The commission may, to the extent necessary to carry out the enforcement responsibilities of this chapter, conduct investigations, make reports, issue subpoenas, conduct hearings, require the production of relevant documents and records, take depositions, and conduct research, testing, development, demonstration, and training activities.

Source: SL 1994, ch 357, § 26.