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2005 SESSION
054129158Be it enacted by the General Assembly of Virginia:
1. That § 56-257.2 of the Code of Virginia is amended and reenacted as follows:
§ 56-257.2. Gas pipeline safety.
A. Notwithstanding any other provision
of law, the Commission shall have the authority to regulate the safety of natural
gas facilities comprising a master-metered gas system systems, landfill gas transmission or distribution facilities
transmitting or distributing landfill gas off premises from a solid waste
management facility permitted by the Department of Environmental Quality, and
other gas pipeline facilities used in intrastate pipeline transportation, all as
defined by in the
federal regulations promulgated under the Natural Gas
Pipeline Safety Act of 1968 (49 U.S.C. § 60101 et seq.),
as amended, and not served by any
natural gas distribution system owned and operated by any county, city or town.
The Commission may enforce the authority conferred herein pursuant to § 56-5.1
and shall have authority to adopt such rules and regulations as are necessary
to promote pipeline safety in the Commonwealth consistent with the Natural Gas
Pipeline Safety Act of 1968 the federal pipeline safety laws, owned or operated by any person,
limited liability company, business entity or association of individuals.
This subsection shall not apply to gas systems and pipeline facilities owned or operated by any city, county, or town.
B. For the purposes of pipeline facilities used in the intrastate transportation of gas, all as defined in the federal regulations promulgated under 49 U.S.C. § 60101 et seq., as amended, and the federal pipeline safety laws, and notwithstanding any other provision of law, any person, limited liability company, business entity or association of individuals failing or refusing to obey Commission orders relating to the adoption or enforcement of regulations for the design, construction, operation, and maintenance of intrastate pipeline facilities and temporary or permanent injunctions issued by the Commission shall be fined such sums not exceeding the fines and penalties specified by 49 U.S.C. § 60122 (a) (1), as amended. Should the operation of such order be suspended pending an appeal, the period of such suspension shall not be computed against the person in the matter of his liability to fines or penalties.
This subsection shall not apply to gas systems and pipeline facilities owned or operated by any city, county, or town.
C. With respect to the gas systems and pipeline facilities owned or operated by any city, county, or town, the Commission is authorized to act for the United States Secretary of Transportation to implement the federal pipeline safety laws, 49 U.S.C. § 60101 et seq., to the extent authorized by certification or agreement with the Secretary under 49 U.S.C. § 60106 of the federal pipeline safety laws, 49 U.S.C. § 60101, et seq., as amended. This subsection shall not authorize the Commission to impose civil penalties or fines on any county, city, or town and shall not authorize the Commission to exercise jurisdiction over the rates, terms and conditions, or service territory of any county, city, or town providing gas service except as is otherwise provided by law.
2. That §§ 56-5.1 and 56-257.3 of the Code of Virginia are repealed.