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Introduced Version House Bill 2417 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2417


(By Delegate Yost)

[Introduced January 9, 2008; 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.
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