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2013 SESSION
12103376DBe 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 master-metered gas 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 in the federal regulations promulgated under 49 U.S.C. § 60101 et seq., as amended, and the federal pipeline safety laws, owned or operated by any person, limited liability company, business entity or association of individuals. The authority granted herein shall be exercised in a manner that is not inconsistent with the above-referenced federal regulations and pipeline safety laws.
This subsection shall not apply to gas systems and pipeline facilities owned or operated by any county, city, 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. The authority granted herein shall be
exercised in a manner that is not inconsistent with the above-referenced
federal regulations and pipeline safety laws.
This subsection shall not apply to gas systems and pipeline facilities owned or operated by any county, city, or town.
C. With respect to the gas systems and pipeline facilities owned or operated by any county, city, or town, the Commission is authorized to act for the United States Secretary of Transportation to conduct safety inspections pursuant to 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. After each inspection, an exit interview with any county, city, or town shall be conducted prior to promptly reporting to the United States Department of Transportation. 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, charges, services, facilities, or service territory of any county, city, or town providing gas service except as is otherwise provided by law.
D. Except as may be otherwise expressly provided by law, investigative notes and other correspondence and information furnished in confidence by a public service company to any employee or member of the Commission with respect to a pipeline safety inspection or an investigation conducted pursuant to this section shall not be disclosed to any person. The provisions of this subsection shall apply to all such information produced by, obtained by, or disclosed to any employee or member of the Commission before or after July 1, 2012.