HomeMy WebLinkAboutResolution 3671-10-2008A RESOLUTION
NO 367110-2008
URGING LEGISLATIVE ACTION TO PERMIT GREATER LOCAL
REGULATORY OVERSIGHT OF INTRASTATE PIPELINE FACILITIES AND
INTRASTATE PIPELINE TRANSPORTATION, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Fort Worth, Texas, is a home-rule municipal corporation
located m Tarrant, Denton, Wise, and Parker Counties, created m accordance with the
provisions of Chapter 9 of the Local Government Code and operating pursuant to the
enabling legislation of the State of Texas, and
WHEREAS, the Office of Pipeline Safety within the U S Department of
Transportation, Pipeline and Hazardous Materials Safety Administration, has overall
regulatory responsibility for hazardous liquid and gas pipelines under its ~unsdiction m
the United States, and
WHEREAS, as certified by the Office of Pipeline Safety the State of Texas
through the Pipeline Safety Section, Gas Services Division of the Texas Railroad
Commission, regulates, inspects, and enforces all intrastate gas and liquid pipeline safety
requirements, and
WHEREAS, the Texas Railroad Commission has primary ~unsdiction over all
persons owning or operating pipelines in Texas and may by rule prescribe or adopt safety
standards for the transportation of gas and for gas pipeline facilities, and
WHEREAS, under Section 121.202 of the Texas Utilities Code, a municipality or
a county may not adopt or enforce an ordinance that establishes a safety standard or
practice applicable to a pipeline facility that is regulated under state or federal law• and
WHEREAS, the preemption of local regulation constrains the ability of the
public to participate through their locally elected officials to tailor policies to meet the
needs of their city and address the concerns of its citizens related to pipeline location and
safety and
WHEREAS, with the recent development of mineral reserves within the Barnett
Shale, gas producing companies require a comprehensive pipeline infrastructure to
deliver the produced hydrocarbons from the gas wells to market for public consumption,
and
WHEREAS, the numerous gas utilities install a network of permanent gas
pipelines and on occasion use eminent domain where necessary to obtain easements
across private property and
RESOLUTION NO 3671 10-2008
WHEREAS permanent high-pressured gas pipelines often run through
neighborhoods and down the front yards of existing residential homes creating a need for
local public process and review and
WHEREAS, mumcipalrties, due to preemption, are limited in the>r ability to
respond effectively to the issues raised and need the authority to safeguard the long-term
economic viability of their neighborhoods, their city and the region.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FORT
WORTH, TEXAS, THAT
SECTION 1
The Crty Council of the City of Fort Worth, Texas, respectfully requests and
urges the State Legislature to revisit the prudence and continued appropriateness of
preempting mumcipalrties from regulating the practices of gas utilities and respectfully
requests that the State Legislature confer additional regulatory authority upon
mumcipalrties over the activities described herein m order to safeguard the interests of
the public, allow the appropriate development of the states natural resources, and
preserve the long term economic viability of private and public property
SECTION 2.
This Resolution shall be effective from its date of adoption.
PASS.
r;s~-
Texas, orr_ thE`
AND APPROVED by the Crty Council of the Crty of Fort Worth,
;day of October 2008
APPROVED
CITY COUNCIL
OCT 2 ~ 2008
~~~~~~~
Crty Attorney
AS TO FORM AND LEGALITY
City Secretary of the
City of Fort Worth, Texas