Bill to Strengthen Pipeline Safety Moves in the House

In the House chamber Tuesday, Delegates approved an amendment to a pipeline safety bill proposed on behalf of the governor.

House Bill 4323 was on second reading in the House, also known as the amendment phase. The bill requires pipeline operators to report an accident or emergency at their facility to the state Department of Homeland Security and Emergency Management within 15 minutes or face a fine of up to $50,000.

Delegates considered one change on the House floor. House Energy Chairman Woody Ireland proposed the amendment to the full chamber. His change adjusts the definition of a pipeline facility, exempting pipelines that are 4 inches in diameter or less and service a farm or residence.

“The reason for that was to try to get the thing to really address issues that were high risk and really did impact folks’ safety,” Ireland said, “Now, the governor’s bill as it was proposed talked about all pipelines, and this was just a clarification of what a pipeline facility really meant.”

Ireland agrees that pipelines serving the oil and gas industry should be held to the reporting requirements, but small pipelines on personal property should not face such steep penalties. The fines for the failure to report an accident within 15 minutes range from $2,500 to $50,000.

Ireland’s amendment was passed unanimously by members in the House.

Some citizens interested in the bill, however, have voiced concerns over the $50,000 penalty, suggesting it’s actually too small and pipeline operators will be able to pay off any emergency incident easily.

Ireland disagrees.

“That’s a pretty stiff penalty, and it’s consistent with the other penalties that DEP have leveled on other commercial enterprises such as chemical industry and so forth. So $50,000 is pretty stiff, and it’s not something people are going to take lightly,” he said.

Ireland says the industry is also struggling financially because of the decline in natural gas prices and the penalty will be more than enough of an incentive to report the incident.

House Bill 4323 will be up for a final vote in the House chamber Wednesday.

Lawmakers Consider Beefing Up Gas Industry Safety

Lawmakers are considering a change to the way natural gas accidents are reported at the state level.

The House Industry and Labor Committee took up a bill Tuesday that clarifies who is alerted in the event of an accident on a natural gas well site or pipeline.

House Bill 4323 requires all such incidents be reported to the West Virginia Division of Homeland Security and Emergency Management within fifteen minutes or face a 50 thousand dollar fine.

The bill was produced through the work of a special commission set up to review and update existing laws and regulations governing the state’s oil and natural gas industry.

Some members of the Industry and Labor Committee felt that the penalty was too high given the short amount of time allowed to report an incident, so an amendment was added to the bill. The change allows the Director of the Division of Homeland Security and Emergency Management to assess a fine between $2500 dollars and $50,000 dollars for not reporting the incident.

Larry Malone is the Director of Policy for Governor Tomblin, and is the Chairman of the West Virginia Commission on Oil and Natural Gas Industry Safety. He says the amendment adds flexibility, but it doesn’t hurt the integrity of the bill.

“It doesn’t really change the fact that you could be assessed $50,000 dollars, it just provides the director with some discretion based upon the situation about whether he assesses the maximum fine or some fine that’s in-between, but again, to-date, nobody has been assessed, no company’s been assessed that fine, because they have all understood and responded appropriately when they have these types of emergency incidents,” Malone explained.

The committee passed House Bill 4323, 16 to 5. It now moves to the House Energy Committee before going to the full House for consideration.

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