Interpretation Response #PI-13-0003 ([Texas House of Representatives] [The Honorable Tony Dale])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Texas House of Representatives
Individual Name: The Honorable Tony Dale
Location State: TX Country: US
View the Interpretation Document
Response text:
The Honorable Tony Dale
Texas House of Representatives
District 136, Room E1.410
P.O. Box 2910
Austin, TX 78768
Dear Mr. Dale:
In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated April 26, 2013, you requested an interpretation of whether counties are covered by the statutory language in the Federal Pipeline Safety Statutes, as amended by Section 3 of the Pipeline Safety, Regulatory Certainty and Jobs Creation Act of 2011 (P.L. 112-90) (2011 Act).
You stated that Texas Governor Rick Perry received a March 22, 2013, letter from PHMSA advising the Governor that Texas would no longer be eligible for State Damage Prevention and One Call Grants beginning on January 3, 2014. You also stated that your understanding of the basis for this ineligibility is because the State of Texas One-Call statute allows exemptions for counties and the Texas Department of Transportation. Therefore, you asked if the 2011 Act applies to Texas counties.
Section 3 of the 2011 Act states (emphasis added):
SEC. 3. PIPELINE DAMAGE PREVENTION.
(a) MINIMUM STANDARDS FOR STATE ONE-CALL NOTIFICATION PROGRAMS.—Section 6103(a) is amended to read as follows:
"(a) MINIMUM STANDARDS.—
"(1) IN GENERAL.—In order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for—
"(A) appropriate participation by all underground facility operators, including all government operators;
"(B) appropriate participation by all excavators, including all government and contract excavators; and
"(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.
"(2) EXEMPTIONS PROHIBITED.—In order to qualify for a grant under section 6106, a State one-call notification program may not exempt municipalities, State agencies, or their contractors from the one-call notification system requirements of the program."
(b) STATE DAMAGE PREVENTION PROGRAMS.—Section 60134(a) is amended—
(1) in paragraph (1) by striking "and" after the semicolon;
(2) in paragraph (2)(B) by striking "(b)." and inserting "(b); and"; and
(3) by adding at the end the following:
"(3) does not provide any exemptions to municipalities, State agencies, or their contractors from the one-call notification system requirements of the program."
(c) EFFECTIVE DATE.—The amendments made by this section shall take effect 2 years after the date of enactment of this Act.
Under §§ 3(a)(2) and (b)(3) of the 2011 Act, in order to qualify for the Federal State Damage Prevention and One-Call grants, the State of Texas must remove exemptions for municipalities, State agencies, or their contractors from the One-Call notification system from its State laws. PHMSA interprets the law to include exemptions for all local and State governments, including towns, townships, boroughs, counties, parishes, and regional governments, or similar entities.
I hope that this information is helpful to you. If I can be of further assistance, please contact me at 202-366-0434.
Sincerely,
John A. Gale
Director, Office of Standards and Rulemaking