Distribution Contractors Association

Government Relations Committee Meeting

Williamsburg, Virginia

Friday, July 24, 2015

  1. Introductions
  1. Approval of Minutes

The minutes from the February 8, 2015 Government Relations Committee meeting were approved.

  1. Update on DCA Cross Bore Initiative

DCA’s position paper was approved by the board at the DCA convention in New Orleans. Since then the association has made presentations at several industry events and have more scheduled to get the word out about the four main concepts presented in the position paper:

  • Cross bores are a significant problem facing the distribution construction industry;
  • Contractors are often in a position to address and mitigate a cross bore situation, but they should be compensated for fulfilling that responsibility;
  • State damage prevention statutes should require municipalities to locate and mark their service laterals; and
  • Criteria for federal grant assistance should apply to exemptions from one-call membership in the same manner as it applies to one-call notification.

Presentations were made at the CGA Annual Conference and Expo in Orlando, the DCA/AGA Annual Workshop in Chicago, and the AGA Operations Conference. DCA is scheduled to do another presentation at the ICUEE show this October, and will continue to educate government and industry stakeholders on the DCA’s cross bore position into 2016.

Pipeline Safety Legislation: DCA’s legislative effort to include proposed language regarding municipal exemptions to one-call membershipin this year’s pipeline safety bill continues. All key committee staffersare aware of the issue and have been provided copies of DCA’s proposed language. Although the current authorization expires at the end of September, there is skepticism on Capitol Hill about getting a bill done this year because of other legislative priorities, such as the transportation bill.

Because has several remaining mandates to fulfill from the past pipeline safety bill in 2011, there is also a desire in Congress and industry to pass a “clean” pipeline bill, meaning no new mandates. This makes including the proposed language more challenging but DCA will continue to work the issue. DCA is spearheading an industry letter in support of the new language, which is anticipated to be signed on by several groups representing a range of stakeholders.

NARUC Resolution: DCA has sent a proposed resolution for consideration by the National Association of Regulatory Utility Commissioners (NARUC). The resolution includes all points on DCA’s position paper on cross bores and would express NARUC support for changes to state law and federal grant criterial as suggested in the position paper. DCA is looking forward to discussing its position and the proposed resolution at a future NARUC venue.

  1. OQ Portability Effort

Increasing “portability” of contractor operator qualification (OQ) programs was again a focus of this year’s DCA/AGA Workshop, includinga report-out on efforts to enhance portability in the Northeast, Midwest, South and Western regions of the country.

DCA sponsored an event conducted by the Western Energy Institute in Portland, Ore. that included several OQ-related issues on the agenda such as OQ work practices, training, reporting and documentation, and working groups on portability. The forum included several gas utilities and contractors that work throughout the West Coast. DCA plans to coordinate and support several other regional OQ events in the future.

  1. Legislative/Regulatory Update

Because time was running short, a very brief legislative update was provided and DCA members were encouraged to follow up with any questions they have with Wyman Associates.Comprehensive energy legislation being developed in the House and Senate includes language favorable to two DCA legislative priorities – pipeline permitting reform and ensuring the gas pipeline industry is equipped with the workforce necessary to meet the incredible workload facing the industry.

There were several other issues on the agenda which time did not allow for full discussion including: EPA’s latest report on impacts of hydraulic fracturing; OSHA’s crystalline silica rulemaking; PHMSA’s pending rule change regarding post-construction inspection; and private activity bonds for water infrastructure. The committee was also informed that the Energy Equipment and Infrastructure Alliancecontinues to works several energy-related initiatives.

  1. Old Business

PHMSA issued its long-anticipated Final Rule on enforcement of state damage prevention programs. DCA will provide a full description of the final rule in a future edition of DCA Insights.

  1. New Business
  • PHMSA recently issued a proposed rulemaking that will impact OQ programs by 1) applyingOQ requirements to new construction and 2) adding a new “program effectiveness” requirement to ensure that operators complete a review of the effectiveness of their OQ program. DCA is examining the proposed rulemaking and its potential impacts on gas utilities and contractors working for them and will submit comments in early September.
  • A report issued by the National Transportation Safety Board issued an incident report on the pipeline incident in Harlem, NY that may have implications on the industry. DCA will provide more information on this incident and possible NTSB action when it is available.
  • A brief description of PG&E’s “Gold Shovel” program was discussed. The program includes provisions that would disqualify contractors from working on PG&E projects in cases where excavators failed to call 811. PG&E has expressed an interest to encourage adoption of the concepts in other parts of the country, which has caused concern in the industry.
  • DCA is planning a Washington Fly-in in mid-September. Pipeline safety and energy policy will be the main focus.
  1. Adjourn

The Committee adjourned at 9:30 a.m.