                                 CODE OF VIRGINIA

COMMISSION AUTHORITY TO CONDUCT SAFETY ACTIVITIES REGARDING INTERSTATE GAS
PIPELINE FACILITIES (§ 56-555.2)

A. The Commission shall seek designation by the Secretary as an interstate agent
for the purposes of acquiring authority to participate in the implementation of
the interstate pipeline safety program conducted pursuant to the Federal Act.
The Commission is authorized to enter into an interstate agent agreement with
the Secretary that establishes the powers and duties of the Commission with
regard to ensuring compliance with the Federal Act by interstate gas pipeline
facilities located within the Commonwealth.

B. Upon obtaining designation by the Secretary pursuant to subsection A, the
Commission shall act as agent for the Secretary to implement the Federal Act
with respect to interstate gas pipeline facilities located within the
Commonwealth in accordance with the terms of such interstate agent agreement.

C. To the extent authorized by the Federal Act and any interstate agent
agreement, the Commission shall establish and conduct an inspection program for
interstate gas pipeline facilities that is consistent with the inspection
program for intrastate gas pipeline facilities established pursuant to §
56-257.2. With respect to any delegated inspection authority, the
Commission&#8217;s obligations shall include:

   1. Inspecting interstate gas pipeline facilities periodically as specified in
   the inspection program, provided that the number of planned inspections
   conducted on each interstate gas pipeline facility operator shall be
   reasonable under the circumstances and prioritized by risk to the public or to
   the environment;

   2. Collecting inspection fees, to be used by the Commission for administering
   the regulatory program authorized by this chapter. Such fees shall be computed
   on the basis of the number of inspection man-days devoted to each pipeline
   operator to determine the operator&#8217;s compliance with any provision of,
   or order or agreement issued under, the Federal Act and shall not exceed the
   costs of inspection and investigation under this chapter. The costs shall not
   include expenses reimbursed by the federal government;

   3. Ordering and overseeing the testing of interstate gas pipeline facilities
   as authorized by the Federal Act; and

   4. Filing reports with the Administration as required to maintain the
   delegated inspection authority.

D. The authority granted to the Commission under this chapter to conduct
inspections of interstate gas pipeline facilities and their operators in the
Commonwealth shall not extend to any official, employee, or agent of any
political subdivision in the Commonwealth. No political subdivision shall have
the authority to seek reimbursement for the cost of monitoring the inspections
conducted by the Commission under this chapter. Nothing in this subsection shall
be deemed to impair or limit the police powers of such political subdivisions
otherwise provided by law.

E. The authority of the Commission to act as an agent for the Secretary with
respect to interstate gas pipeline facilities shall become effective the first
day of July next after the date the Commission receives a formal delegation of
authority from the Secretary.

HISTORY: 2016, c. 261.