PAVING AND PERMITTING IS IT GETTING MORE COMPLICATED AND COSTLY? NGA 2012 Spring Operations Conference Saratoga Springs, NY

Transcription

1 PAVING AND PERMITTING IS IT GETTING MORE COMPLICATED AND COSTLY? NGA 2012 Spring Operations Conference Saratoga Springs, NY Jose Costa NGA April 3, 2012

2 Objectives 1990s Boston Gas Court Rulings Soil Compaction Protocol Development in MA Paving and Permitting Requirements in the Northeast Lessons Learned and Best Practices Action Items

3 NGA The Northeast Gas Association (NGA) is a regional trade association that focuses on education and training, technology research and development, operations, planning, and increasing public awareness of natural gas in the Northeast U.S. NGA represents natural gas distribution companies, transmission companies, liquefied natural gas importers, and associate member companies. These companies provide natural gas to over 10 million customers in eight states (Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont) NGA was established on January 1, Its predecessor organizations were The New England Gas Association (founded in 1926) and the New York Gas Group (founded in 1973).

4 Boston Gas vs BOSTON GAS COMPANY vs. CITY OF SOMERVILLE 420 Mass. 702 May 2, June 28, 1995 A municipal ordinance that attempted to regulate street excavation by public utilities was invalid under the Home Rule Amendment (art. 89, Section 6, of the Amendments to the Massachusetts Constitution), as it conflicted with and was therefore inconsistent with G. L. c. 164, the comprehensive public utility regulatory scheme that was intended to preempt local legislation in that area. [ ]

5 Boston Gas vs (continued) BOSTON GAS COMPANY vs. CITY OF SOMERVILLE When the plaintiff excavates a street to work on its underground gas distribution facilities or to provide gas service to the general public, the department mandates that the plaintiff utilize a "leastcost" strategy to repair the excavation site including the use of competitive bidding procedures. However, because of the ordinance the plaintiff must hire a "city contract representative," selected by the defendant, to provide patching, paving, and repair services at specified rates which, the plaintiff contends, exceed the rates it previously obtained with competitive bidding.

6 Boston Gas vs (continued) BOSTON GAS COMPANY vs. CITY OF SOMERVILLE The ordinance also requires the plaintiff to use certain materials and paving techniques, such as infrared paving methods. Moreover, under the ordinance, the plaintiff's responsibility for the excavation site continues for three years beyond the final infrared treatment, even though G. L. c. 164, Section 70, does not require the plaintiff to maintain the street after the excavation site has been repaired. General Laws c. 164, Section 70, on the other hand, only requires the plaintiff to return an excavation site back to its original condition.

7 Boston Gas vs BOSTON GAS COMPANY vs. CITY OF NEWTON 425 Mass. 697 April 7, August 14, 1997 A city ordinance assessing a fee on public utilities as a prerequisite to acquiring a permit to excavate public ways and sidewalks, for the purpose of recovering future maintenance costs on account of the reduction in the useful life of a street caused by such excavations, was inconsistent with the provisions of G. L. c. 164, s. 70, and thus was invalid under s. 6 of art. 89 of the Amendments to the Massachusetts Constitution. [ ]

8 Boston Gas vs (continued) BOSTON GAS COMPANY vs. CITY OF NEWTON 425 Mass. 697 April 7, August 14, 1997 A city ordinance assessing a fee on public utilities as a prerequisite to acquiring a permit to excavate public ways and sidewalks, for the purpose of reimbursing the city for costs incurred in inspecting the excavation sites, was inconsistent with the provisions of G. L. c. 164, s. 70, and thus was invalid under s. 6 of art. 89 of the Amendments to the Massachusetts Constitution. [ ]

9 Boston Gas vs (continued) BOSTON GAS COMPANY vs. CITY OF NEWTON 425 Mass. 697 April 7, August 14, 1997 A city ordinance assessing a fee on public utilities as a prerequisite to acquiring a permit to excavate public ways and sidewalks, for the purpose of reimbursing the city for its costs in processing permit applications, is not inconsistent with G. L. c. 164, s. 70. [ ]

10 Options? Legislation proposed DPU MA Highway Association Research

11 Soil Compaction Protocol Haley & Aldrich, Inc. Boston, MA A national geotechnical engineering services firm Foster-Miller, Inc. Waltham, MA A research and development organization with extensive experience in soil compaction Prepared for: The New England Gas Association (NEGA)

12 Paving and Permitting Requirements What requirements do you work with?

13 Action Items Regional / State Initiatives?

14 Thank You Jose Costa VP Operations Services Northeast Gas Association 75 Second Avenue Suite 510 Needham, MA ext. 109