| Chapter 054 |
| 2015 -- S 0763 Enacted 06/08/2015 |
| A N A C T |
| RELATING TO PUBLIC UTILITIES AND CARRIERS - REGULATORY POWERS OF ADMINISTRATION |
| Introduced By: Senators Gallo, and P Fogarty |
| Date Introduced: March 24, 2015 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 39-3-40 of the General Laws in Chapter 39-3 entitled "Regulatory |
| Powers of Administration" is hereby amended to read as follows: |
| 39-3-40. Storage, transportation and distribution of gas – Regulation – Penalties. -- |
| (a) In regulating the storage, transportation, and distribution of gas, and the pressure under which |
| these operations may respectively be carried on, the division of public utilities and carriers may |
| ascertain, determine, and fix adequate and serviceable standards for the measurement of quality, |
| pressure, or other condition pertaining to the performing of its service, or to the furnishing of its |
| product or commodity, by any gas storage, transportation, and distribution facility, and prescribe |
| reasonable regulations for examination and testing of such service, product, or commodity. |
| (b)(1) Any person, firm or corporation who or that violates any provision of any code |
| adopted by the division pertaining to the safety of pipeline facilities and the transportation of gas, |
| or of any regulation or rule thereunder, at a time when the division has submitted and has in effect |
| the annual certification to the United States secretary of transportation Secretary of |
| Transportation provided for in § 5(a) of the Natural Gas Pipeline Safety Act of 1968, as |
| amended, (see § 60101 et seq. of Title 49 of the United States Code), shall be subject to civil |
| penalties as specified in 49 U.S.C. § 60122(a), as amended. To provide adequate protection |
| against risks to life and property posed by pipeline transportation and pipeline facilities, the |
| division shall possess the authority to adopt any of the safety standards for pipeline transportation |
| and for pipeline facilities that are contained in 49 U.S.C. § 60101 et seq. |
| (2) Any such penalty shall be determined by the division. In determining the amount of |
| the penalty, the appropriateness of the penalty to the size of the business of the person, firm, or |
| corporation charged,; the gravity of the violation,; and the good faith of the person, firm, or |
| corporation charged in attempting to achieve compliance after notification of a violation,; shall be |
| considered. The amount of the penalty, where finally determined, may be deducted from any |
| sums which that the state may owe to the person, firm, or corporation charged or may be |
| recovered in a civil action commenced in the state courts. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001788 |
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