                                 CODE OF VIRGINIA

GAS PIPELINE SAFETY (§ 56-257.2)

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. &#xA7; 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.
&#xA7; 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.
&#xA7; 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. &#xA7; 60101 et seq., to the extent
authorized by certification or agreement with the Secretary under 49 U.S.C.
&#xA7; 60106 of the federal pipeline safety laws, 49 U.S.C. &#xA7; 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.

HISTORY: 1994, c. 12; 2005, c. 35.