Senate bill NO. 32

INTRODUCED BY M. Cuffe

By Request of the Department of Public Service Regulation

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING NATURAL GAS PIPELINE SAFETY PENALTIES; AMENDING SECTION 69-3-207, MCA; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 69-3-207, MCA, is amended to read:

"69-3-207. Penalty for violation of natural gas pipeline safety provisions and regulations. (1) A person violating any safety regulation or provision adopted under the Natural Gas Pipeline Safety Act of 1968, as amended, that applies to areas the commission has authority to enforce is subject to a fine not to exceed $239,142 for each violation for each day of not less than $100 or more than $100,000. Each day in which a violation of a safety regulation or provision continues is considered a separate offense and is subject to the penalty prescribed in this subsection, except that the maximum fine may not exceed $1 million $2,391,412 for any related series of violations.

(2)        In determining the amount of the penalty, the following must be considered: the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability; any history of prior violations; the effect on ability to continue to do business; any good faith in attempting to achieve compliance; ability to pay the penalty; and other matters as justice may require.

(3)        The fine must be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.

(4)        The commission may prescribe rules necessary to effectively administer this section."

Section 2. Effective date. [This act] is effective July 1, 2023.