An Act To Manage Risks Associated with the Installation of Natural Gas Pipelines
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §2503, sub-§1, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:
1. Application. The application must be in writing and describe the facilities, the requested location, evidence of notice provided to owners of facilities in the applicable public way, the minimum depth if an underground facility, the minimum height of any attached wires or cables, if above-ground aboveground facilities, all in the manner and form which that the licensing authority requires.
Sec. 2. 35-A MRSA §2503, sub-§3, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:
3. Objection. Objection to the application may be filed according to this subsection.
A. Any person owning property which that abuts the applicable public way or any owner of facilities in the applicable public way may file a written objection with the appropriate licensing authority within 14 days after publication by the applicant. The written objection shall must state the reason for the objection. The written objection must be served by delivery in hand or by registered or certified mail.
B. If the applicant proceeds without publication of the application, any person owning property which that abuts the applicable public way or any owner of facilities in the applicable public way may file a written objection with the appropriate licensing authority within 90 days after installation of the facility described in the application. The written objection shall must state the cause for the objection. The written objection must be served by delivery in hand or by registered or certified mail.
Sec. 3. 35-A MRSA §2503, sub-§§5 to 7, as enacted by PL 1987, c. 141, Pt. A, §6, are amended to read:
5. Permits. The location permit shall must specify the approximate location of the facility , the minimum separation distances from other facilities and the minimum depth of any pipes or conduits below , or the minimum height of any wires or cables above , the earth's surface. The licensing authority must specify location requirements in accordance with applicable laws, rules or policies adopted by the Public Utilities Commission and the Department of Transportation. The licensing authority may specify in the permit other more stringent requirements determined necessary in the best interests of the public safety and use of the right-of-way so as not to obstruct use for public travel.
6. Liability. Installation and maintenance of the facility and its appurtenances in accordance with the terms of the permit and the provisions of chapter 23 and this chapter relieve the applicant of liability to others by reason of location of its facility and appurtenances and no person has any right of recovery under Title 23, section 3655, because of the location, installation and maintenance and the applicant will be is liable only for acts of negligence in the installation or maintenance of the facility and its appurtenances.
7. Alteration. After the facility is installed, the licensing authority may alter or amend the permit if the installation is determined to impair the highway improvement or , interfere with the free and safe flow of traffic or interfere with another facility. The procedure for an applicant , or for the licensing authority under this subsection , to alter or amend the terms of a location permit after construction or installation of the facility is the same as for any original application for a permit.
Sec. 4. 35-A MRSA §4506, sub-§§6 to 11 are enacted to read:
6. Clearance between underground facilities. A natural gas pipeline must be installed with at least 6 feet of horizontal clearance and 2 feet of vertical clearance from any underground facilities.
7. Crossings of other underground facilities. A natural gas pipeline must cross other underground facilities as close to 90 degrees as practicable and may not be installed longitudinally over or under another underground facility.
8. Installation of nonconductive pipe, marking tape and tracer wire. Marking tape and tracer wire or other means of locating gas facilities must be installed with nonconductive natural gas pipelines. Upon installation, tracer wire must be tested for continuity.
9. Notification of other utilities when electric current is applied to gas pipeline. When electric current is applied to natural gas pipelines for corrosion control or other purposes, the owner of the natural gas pipeline must notify the owners of other proximate underground facilities and provide them with information on the location, nature and extent of those practices.
10. Consult with owners. The owner of the natural gas pipeline shall consult with the owners of proximate underground facilities in order to provide measures for proper maintenance and to protect against damage that might result from proximity to these facilities.
11. Rules. The commission may adopt rules that allow appropriate deviations from the requirements set out in this section and grant waivers from these requirements for good cause shown, while still protecting public safety. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5. 35-A MRSA §4713 is enacted to read:
§ 4713. Construction requirements
1. Clearance between underground facilities. A natural gas pipeline must be installed with at least 6 feet of horizontal clearance and 2 feet of vertical clearance from any underground facilities.
2. Crossings of other underground facilities. A natural gas pipeline must cross other underground facilities as close to 90 degrees as practicable and may not be installed longitudinally over or under another underground facility.
3. Installation of nonconductive pipe, marking tape and tracer wire. Marking tape and tracer wire or other means of locating gas facilities must be installed with nonconductive natural gas pipelines. Upon installation, tracer wire must be tested for continuity.
4. Notification of other utilities when electric current is applied to gas pipelines. When electric current is applied to natural gas pipelines for corrosion control or other purposes, the owner of the natural gas pipeline must notify the owners of other proximate underground facilities and provide them with information on the location, nature and extent of those practices.
5. Consult with owners. The owner of the natural gas pipeline shall consult with the owners of proximate underground facilities in order to provide measures for proper maintenance and to protect against damage that might result from proximity to these facilities.
6. Rules. The commission may adopt rules that allow appropriate deviations from the requirements set out in this section and grant waivers from these requirements for good cause shown, while still protecting public safety. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
summary
This bill enacts construction requirements in statute for the construction of natural gas pipelines and establishes these requirements for gas utilities. The requirements govern clearance between underground facilities, crossings of other facilities and consultation with owners of proximate underground facilities. The bill also requires that the application process include providing evidence of notice to owners of facilities in the applicable public way.