Protecting Communities Task Team Update Las Vegas January 14, 2009

 Received approximately 300 s  Participated in 17 conference calls.  Attended 3 team meetings ◦ January 14-17, 2008 in Washington, D.C. ◦ June 10-12, 2008 in Austin, TX ◦ July 8-11, 2008 in Kansas City, MO

Update on PHMSA’s Pipeline Informed Planning Alliance Initiative (PIPA)  PHMSA held a Steering Committee Conference Call August 1, 2007 on its Pipeline Informed Planning Alliance (PIPA).  On November 15th & 16 th, 2007 the Pipeline Safety Trust held a pipeline safety conference in New Orleans. The conference focused on various right-of-way topics related to safety and the formation of the PIPA initiative.  PHMSA held a Steering Committee Conference call during the second week of December, 2007 to review the status of registration, guidance for the Task Teams, and Plenary session topics.  PHMSA was planning the PIPA Plenary Meeting and initial Task Team meetings in DC during January 15-17,  The proposed teams are : ◦ Task Team 1 ( Limit Encroachment ) ◦ Task Team 2 ( ROW Best Practices ) ◦ Task Team 3 ( Risk-Informed Assessment & Communication )

 What should pipeline safety stakeholders do, or avoid doing, adjacent to the pipeline ROW to reduce the risk to communities?  Role of Setbacks to protect pipelines from damage during, and after, development  Role of enhanced building codes  Model Ordinances, Planning Policies, and State Legislation  “Takings” caused by local government restrictions on development adjacent to the ROW

 Defining acceptable, and unacceptable, types of development adjacent to transmission ROW.  Using enhanced building codes for structures adjacent to transmission ROW.  Simple, risk-informed guidance for the above 2 statements. This guidance should be based on attributes of both the pipeline and the proposed development.  Model Ordinances, Planning Policies, Regulations, or State Legislation incorporating or promoting any of these best practices.

 Individual Task Teams should pursue the goals described for each team, not attempt to address detailed recommendations in the TRB report.  Task Team decisions should be by consensus. All those present should participate in discussions, but only those officially representing a participating organization will vote.  Although the goal is unanimity, consensus does not require unanimity, but rather concurrence by a preponderance of voting members that they support the decision or resolution of the issue. Non-concurring members should be able to live with the decision or resolution of the issue.  Organizations represented by Task Team members must be willing to support the final product of the team’s efforts.  Team members should participate with an open mind and in the spirit of the consensus process. Personal and organizational agendas should be left behind.  Communication among Task Teams is important; as desired by the Chairperson, PHMSA and Cycla staff can serve as liaison to interact on issues of common interest with other teams.  If organization representatives are substituted on a Task Team or new organizations join the Task Team, previous decisions made by the team are not to be revisited unless by consensus of voting members of the team.  Guidance and best practices resulting from the PIPA effort do not necessarily need to apply in every situation, but rather need to be clear enough that land use decision makers can select those they wish to apply.

 Title: Pipeline Operator and Authority Regulating Development Communication  Statement of Practice: The pipeline operator should provide information regarding transmission pipelines to the authority having jurisdiction for regulating development.

 Title: Land Owner/Developer and Pipeline Operator(s) Communication  Statement of Practice: Land Owner/Developer and Pipeline Operator(s) should communicate for all new development within the consultation zone around a pipeline.

 Title: Emergency Response Plans  Statement of Practice: Emergency response plans should be incorporated into land use development within the planning zone to mitigate the impact of a potential pipeline incident affecting the community.

 Title: Residential, Mixed-Use, and Commercial Land Use  Statement of Practice: Buildings within the planning zone should be designed to mitigate the impact of a potential pipeline incident.

 Title: Parking Lots and Parking Structures  Statement of Practice: Parking lots and parking structures should be located and designed to mitigate the impact of a potential pipeline incident.

 Title: Roads  Statement of Practice: Roads and associated appurtenances should be designed to reduce the risk of a potential pipeline incident.

 Title: Trees/Vegetation  Statement of Practice: Trees and vegetation should be located to reduce the potential of interference with pipeline maintenance and inspections and to reduce the risk of a pipeline incident.

 Title: Excavation and blasting potentially affecting the transmission pipeline  Statement of Practice: Excavations must not affect the stability of or lead to movement or settling of the transmission pipeline.

 Title: Individual Water Supply (water wells), Small Public Water Systems, and Individual Sanitary Disposal Systems (septic tanks and leach or drain fields)  Statement of Practice: Individual water supplies and sanitary disposal systems should be located to reduce the potential of interference with pipeline maintenance and inspections and to reduce the risk of a pipeline incident.

 Title: Industrial Land Use  Statement of Practice: Heavy Industrial Land Use should be designed and site emergency response plans developed to reduce the risk of escalation from a potential pipeline incident.

 Title: Institutional Land Use  Statement of Practice: Health care, day care, detention and correctional facilities, educational occupancies, and other potentially difficult to evacuate facilities should be constructed or located to mitigate the impact of a potential pipeline incident and should have emergency plans for potential pipeline incidents.

 Title: Police stations, HAZMAT response, fire departments, fire and rescue, emergency communications facilities, and other emergency responder facilities.  Statement of Practice: Police stations, HAZMAT response, fire departments, fire and rescue, emergency communications facilities, and other emergency responder facilities should be constructed or located to mitigate the impact of a potential pipeline incident and should have emergency plans for potential pipeline incidents.

 Title: Places of Public Assembly (Identified sites)  Statement of Practice: Amusement parks, stadiums, amphitheatres, highway rest stops, and other places of potential large public assembly should be constructed or located to mitigate the impact of a potential pipeline incident and should have emergency plans for potential pipeline incidents.

 Title: Utilities and Related Infrastructure  Statement of Practice: Utilities (both above and below ground) and related infrastructure should be designed to reduce the potential of interference with pipeline maintenance and inspections and to reduce the risk of a pipeline incident.

 Title: Storm water, irrigation water, and drinking water management facilities, retention ponds, and other above-ground water management infrastructure  Statement of Practice: Storm water, irrigation water, and drinking water management facilities, retention ponds, and other above-ground water management infrastructure should be designed and located to reduce the risk or mitigate the impact of a pipeline incident.

 Title: Residential, Mixed-Use, and Commercial Land Use near above-ground pipeline facilities, such as compressor stations, pumping stations, odorant equipment, regulator stations and other pipeline appurtenances.  Statement of Practice: Consider noise, odor and other issues when planning developments near above-ground pipeline facilities, such as compressor stations, pumping stations, odorant equipment, regulator stations and other pipeline appurtenances.

 Practice Title: Siting New Pipelines in or adjacent to Existing Rights of Way  Practice Statement: Decisions on routes for new pipelines should include coordination with local governments along the routes, including consideration of existing or adjacent pipeline rights of way and other utility rights of way.

Practice Title: Consultation Zone Practice Statement: Landowners/developers should initiate consultation with pipeline operators when development is planned on property within a Consultation Zone.

Practice Title: Planning Zone Practice Statement: The Planning Zone is an area within a Consultation Zone centered on a transmission pipeline. The Planning Zone width should be determined by the specific characteristics of the pipeline and local land characteristics (topography, environmental conditions, etc.). Recommended practices for protecting communities near transmission pipelines (other than consultation, see practice “Consultation Zone”) should be implemented for development within the Planning Zone around a pipeline.

Bill No. ORDINANCE NO. AN ORDINANCE PROVIDING FOR MINIMUM REQUIREMENTS PERTAINING TO LAND USE, CONSTRUCTION, AND PUBLIC SAFETY NEAR GAS TRANMISSION AND/OR HAZARDOUS LIQUID TRANSMISSION PIPELINES WITHIN THE CITY