H. B. 4132
(By Delegates Yost and DeLong)
[Introduced January 26, 2006; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §24B-1-3, relating to
requiring mandatory alert when natural gas or other petroleum
product pipeline facilities are observed in a damaged state
during commercial activities in the vicinity of pipeline
facilities; and providing for civil and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §24B-1-3, to read as
follows:
ARTICLE 1. PURPOSE AND DEFINITIONS.
§24B-1-3. Emergency alert requirements.
(a) Requirement of alert. -- Any person, including a
government employee or contractor, who while engaging in demolition, excavation, tunneling, or construction in the vicinity
of a pipeline facility: (1) Becomes aware of damage to the
pipeline facility that may endanger life or cause serious bodily
harm or damage to property; or (2) damages the pipeline facility in
a manner that may endanger life or cause serious bodily harm or
damage to property, shall promptly report the damage to the
operator of the facility and to other appropriate authorities.
(b) Other Appropriate Authorities. -- For purposes of this
section, notification of other appropriate authorities means
notification of medical, law enforcement, and fire prevention
public authorities or calling 911.
(c) Civil Penalties. -- A civil penalty of not more than one
hundred thousand dollars may be assessed against violators of the
provisions of this section. A separate violation shall be assessed
for each day a violation continues. The maximum civil penalty for
a related series of violations is one million dollars.
(d) Criminal Penalties. -- Any person who violates the
requirements of this section is guilty of a misdemeanor and, upon
conviction thereof, may be fined not more than ten thousand
dollars.
NOTE: The purpose of this bill is to
require mandatory alert
when natural gas or other petroleum product pipeline facilities are
observed in a damaged state during commercial activities in the
vicinity of pipeline facilities. The proposed legislation,
additionally, provides civil and criminal penalties for violators.
This section is new; therefore, strike-throughs and
underscoring have been omitted.