HomeMy Public PortalAboutResolution No. 339-09 04-14-2009 339-09
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~~~~~~~s,TE~ OPPOSING HB 4441 RELATING TO THE
AUTHORITY OF THE RAILROAD COMMISSION OF TEXAS TO
ESTABLISH STANDARDS REGARDING CERTAIN PIPELINES AND
APPURTENANT FACILITIES; AND PROVIDING AN EFFECTIVE
DATE.
P.;~.lti~a~tp 1~;lts,
X EREAS, the City of ,Texas is a (Type Ageneral-law municipality located
in 1AR~.A~ County, created in accordance with the provisions of Chapter 6 of the Local
Government Code and operating pursuant to the enabling legislation of the State of Texas) /
(home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section
S of the Texas Constitution and Chapter 9 of the Local Government Code); and
WHEREAS, House Bill 4441, introduced in the 81St Legislature, seeks to entirely
preempt the municipal regulation of natural gas, liquid hydrocarbon, hazardous materials, and
gathering pipelines and all facilities appurtenant to those pipelines, including the regulation of
aesthetics and the use of City-owned rights-of--ways; and
WHEREAS, under the proposed legislation, the Texas Railroad Commission, and not the
municipality, would maintain the right to establish the noise level, screening, landscaping, and
other requirements relating to natural gas gathering pipelines and appurtenant facilities including
compressor stations; and
WHEREAS, the City Council is of the opinion that the Railroad Commission is ill suited
to address such issues as local neighborhood compatibility and the use of City-owned rights-of-
way and that the citizens aze better served through the local regulation of such pipelines and
appurtenant facilities; and
WHEREAS, House Bill 4441 would relegate municipalities to a mere advisory role in
this important determination process and as such would unreasonably interfere with the right of
the public to participate through their locally elected officials to tailor policies to meet their local
needs and demands; and
WHEREAS, as a result of the foregoing, the City Council opposes the adoption of House
Bill 4441, and believes that the proposed legislation does not promote the best interest interests
of the citizens of the City.
N W, THE FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF~~XAS:
SECTION 1.
{~~c.h~A~~ t1i115
That the City Council of the City of ,Texas hereby opposes the adoption of
House Bill 4441 relating to the authority of the Railroad Commission of Texas to establish
standards regarding certain pipelines and appurtenant facilities.
SECTION 2.
The City Secretary is authorized and directed to furnish a certified copy of this
Resolution to the elected representatives of the City and to other members of the Texas
Legislature to give notice of the City's opposition to House Bill 4441.
SECTION 3.
This resolution shall take effect immediately upon its adoption by the City Council.
PASSED, APPROVED AND EFFECTIVE on this ~ day of , 2009.
,MAYO ITY MANAGER
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By: Gonzalez Toureilles H.B. No. 4441
A BILL TO BE ENTITLED
1 AN ACT
2 relating to the authority of the Railroad Commission of Texas to
3 establish standards regarding certain pipelines and appurtenant
4 facilities.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
6 SECTION 1. Subchapter C, Chapter 81, Natural Resources
7 Code, is amended by adding Section 81.062 to read as follows:
8 Sec. 81.062. STANDARDS REGARDING PIPELINES AND APPURTENANT
9 FACILITIES. (a) The commission has exclusive original -jurisdiction
10 to establish standards regarding the following matters in
11 connection with natural gas, liquid hvdrocarbon hazardous
12 materials, and gathering pipelines and all facilities appurtenant
13 to those pipelines:
14 (1) design;
15 (2) installation;
16 (3) operation;
17 (4) environmental controls, other than environmental
18 controls under the jurisdiction of the Texas Commission on
19 Environmental Quality;
20 (5) screening;
21 (6) noise suppression; and
22 (7) maintenance.
23 (b) In establishing standards under this section the
24 commission shall:
81R9967 SMH-F 1
H.B. No. 4441
1 (1) encourage the use of public streets, roads
2 highways, and other public rights-of-way in connection with
3 pipelines and appurtenant facilities if•
4 (A) adequate space exists for an additional
5 pipeline or appurtenant facility in the right-of-way; and
6 (B) that use is practical and economically
7 reasonable: and
8 (2) require pipeline operators to minimize, to the
9 extent practical and economically reasonable, the effect of their
10 pipelines and appurtenant facilities on existing land use
11 (c) A state agency, county or municipality with
12 jurisdiction over public streets roads highways or other public
13 rights-of-way may not prohibit the use of those rights-of-way for
14 pipelines or appurtenant facilities but may impose reasonable
15 conditions on that use.
16 (d) In establishing standards under this section applicable
17 to pipelines and appurtenant facilities located in the boundaries
18 of municipalities, the commission shall request and consider the
19 input of municipalities.
20 _(e) The commission shall establish a procedure by which a
21 municipality or pipeline operator may obtain a waiver of a standard
22 established under this section. A request for a waiver may propose
23 the imposition of additional standards or the preclusion of the
24 application of an existing standard with regard to a specific
25 pipeline or appurtenant facility. The commission may grant a
26 waiver only after finding that:
27 (1) the waiver is in the public interest taking into
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H.B. No. 4441
1 consideration the interest of the general public and the interest
2 of the members of the public in the area traversed by the pipeline
3 with regard to which the waiver is sought;
4 (2) granting the waiver will not impose an undue
5 burden on the pipeline and its operation; and
6 (3) granting the waiver will not result in an undue
7 burden on the development of the natural resources of this state
8 (f) The commission shall grant or deny a waiver not later
9 than the 60th day after the date the request for the waiver is filed
10 with the commission.
11 (q) The commission may delegate authority to grant or deny a
12 waiver to the director of the gas services division of the
13 commission.
14 (h) The commission may adopt rules related to standards
15 described by Subsection (a) as it determines necessary
16 (i) The commission may impose an administrative penalty for
17 a violation of a rule adopted under this section in the manner and
18 amount provided by Sections 81.0531-81.0534.
19 SECTION 2. This Act takes effect September 1, 2009.
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