CHAPTER 393

FORMERLY

HOUSE BILL NO. 503

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE TO GRANT THE PUBLIC SERVICE COMMISSION AUTHORITY TO ENFORCE FEDERAL PIPELINE SAFETY REGULATIONS AS IT PERTAINS TO NATURAL GAS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 26, Delaware Code, by designating the current provisions of Chapter 8 as Subchapter I of Chapter 8 and by adding a new subchapter to read as follows:

“SUBCHAPTER II. PIPELINE SAFETY COMPLIANCE PROGRAMS

§ 821. Intrastate Pipelines.

The Public Service Commission shall have the authority to make and enforce rules required by the federal Natural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. Chapter 601), to qualify for federal certification of a state pipeline safety compliance program under 49 U.S.C. § 60105(a), relating to the regulation of intrastate gas pipeline transportation. Such rules shall incorporate the safety standards and penalty provisions (including injunctive and monetary sanctions) established under the federal Natural Gas Pipeline Safety Act of 1968, as amended, that are applicable to intrastate gas pipeline transportation and will apply to underground pipeline facility operators, as defined under § 802 (11) of this Title.

§ 822. Interstate Pipelines.

The Public Service Commission shall have the authority to enter into agreements with the Secretary of the United States Department of Transportation, pursuant to 49 U.S.C. § 60106(b), to participate in the oversight of interstate pipeline transportation. Such participation may include inspection and investigatory duties but shall not include the enforcement of safety standards for interstate pipeline facilities.“.

Approved July 17, 2008