AN ACT to amend the Indiana Code concerning utilities and transportation.
motor vehicles of all kinds and pipelines serving not less than ten (10)
customers with petroleum gas from a common source.
(d) The term "pipeline facilities" means and includes, without limitation, new and existing pipelines, rights-of-way and any equipment, facility, or building used in:
of gas or in
(2) the treatment of gas, hazardous liquids, or carbon dioxide fluid during the course of transportation.
The term excludes motor vehicles of all kinds and pipelines serving not less than ten (10) customers with petroleum gas from a common source.
(e) The term "person" means any individual, firm, joint venture, partnership, corporation, limited liability company, association, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
(f) The term "municipality" means a city, county, or any political subdivision of the state.
(h) (g) The term "division" means the pipeline safety division to be
established under this chapter.
(i) (h) The term "maximum allowable operating pressure" means the
maximum pressure at which a pipeline or a segment of a pipeline may
(i) The term "hazardous liquid" means petroleum, petroleum products, or anhydrous ammonia.
(j) The term "carbon dioxide fluid" means a fluid consisting of more than ninety percent (90%) carbon dioxide molecules compressed to a supercritical state.
Natural Gas Pipeline Safety Act of 1968
(Public Law 90-481, 49
U.S.C. 1671 et seq.) as the same may be amended (referred to in
this chapter as the "Federal Pipeline Safety Act"), and the
Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C.
60101 et seq.), and otherwise administer this chapter in such
manner as may be required in order to maintain and continue in
effect certification of the commission under Section 5 of the
Federal Pipeline Safety Act. 49 U.S.C. 60105.
(b) As soon as practicable after March 30, 1971, (2) Establish, by
rules and regulations of the commission, minimum state safety
standards for the transportation of gas and related pipeline
facilities. Such standards shall not be less stringent than the
federal safety standards as established under the Federal Pipeline
Safety Act, 49 U.S.C. 60101 et seq. and shall apply to the design,
installation, inspection (including the taking possession of pipe
and pipeline components), testing, construction, extension,
operation, replacement, and maintenance of such pipeline
facilities. Such new standards affecting the design, installation,
construction, initial inspection, and initial testing shall not be
applicable to pipeline facilities in existence prior to the date such
standards are established. In establishing such standards, the
following shall be considered:
(1) (A) relevant available pipeline safety data;
(2) (B) whether such standards are appropriate for the
particular type of pipeline transportation;
(3) (C) the reasonableness of any proposed standards;
(4) (D) the extent to which such standards will contribute to
public safety; and
(5) (E) federal safety standards established under the Federal
Pipeline Safety Act. 49 U.S.C. 60101 et seq.
Any person engaged in the transportation of gas or who owns,
operates, or leases pipeline facilities shall certify annually to the
division that it has complied with federal safety standards, in
force and effect from time to time, applicable to the determination
of change in class location and of confirmation or revision of
maximum allowable operating pressure.
(c) (3) Whenever a particular pipeline facility is found to be
hazardous to human life or property, require, through the issuance
of a hazardous condition order, the person who owns, operates, or
leases such pipeline facility to take such action necessary to
remove such hazards. Except in cases where immediate or
extreme emergency is found to exist, such order shall not be
issued until such person is afforded an opportunity to present
the person's views and any facts bearing on the situation. In any
event, unless such order is issued after notice and hearing, the
person to whom such order is directed shall be entitled to prompt
notice and hearing on the question as to whether such order shall
be continued in effect.
(d) (4) Review and summarize annually all incidents reported
within the state involving accidents resulting in personal injury
requiring hospitalization, death, or property damage in excess of
three fifty thousand dollars ($3,000), ($50,000), when the same
is accompanied by an explosion, misapplication, and/or
escapement of gas, hazardous liquid, or carbon dioxide fluid.
Copies of this summary any official report of the division shall
be available for distribution to all interested persons, for the
purpose of promoting pipeline safety.
(e) (5) Keep itself informed as to research and development
regarding pipeline safety. including the feasibility of pipeline
by such person, and any change in such plan, as prescribed by
standards rules established pursuant to this chapter. Such plan
shall be subject to approval by the division, and if at any time
such plan is determined by the division to be inadequate to
achieve safe operation, upon recommendation by the director, the
commission shall, after notice and opportunity for public hearing,
order the plan revised. Any plan required under this chapter shall
be practicable and designed to meet the need for pipeline safety.
(d) Establish and maintain such records, make such reports, and provide such information as the division, acting through the commission, may reasonably require to enable it to determine whether such person has acted or is acting in compliance with this chapter and the standards established under this chapter.
Each person upon request of an authorized representative of the division shall permit such representative access and entry for the purpose of inspection of such pipeline facilities, and inspection of books, papers, records, and documents (including the right to copy the same) as is reasonably necessary in order to determine whether such person has acted or is acting in compliance with this chapter and the standards established pursuant to this chapter.
($500,000) ($1,000,000) for any related series of
(b) The commission may, after notice and opportunity for public hearing, impose a civil penalty not to exceed the amount specified in subsection (a) against a person who violates this chapter or any rules issued pursuant to this chapter, and may compromise and collect the penalties which are payable to the state as otherwise provided by law. However, a penalty may not be assessed or collected for any violation for which the person has been found liable under
the Federal Pipeline
Safety Act. 49 U.S.C. 60101 et seq.