March/April 2020

PE Report
Virginia Pursues Removal of PE Exemption on Pipeline Work

Legislation introduced in the Virginia Senate makes way for ending a PE license exemption for gas pipeline work.

The exemption exists for the practice of engineering as an employee of a corporation or public service corporation when the engineering services are carried out in connection with the corporation’s facilities.

The bill (S.B. 385) amends state law so engineering in connection with gas pipeline facilities would no longer be granted a license exemption that effectively puts the work beyond regulation by the state licensing board. The bill was voted out of the Senate on Feb. 5 and referred to the House Committee on General Laws.

In the fall, the National Transportation Safety Board identified states that do not require a licensed professional engineer on natural gas pipeline projects. The governor of each of the states received a letter from the NTSB urging them to end these exemptions for gas pipeline operators. This prompted the Virginia licensing board and the State Corporation Commission’s Division of Utility and Railroad Safety to develop legislation to eliminate the exemption. The Virginia Society of Professional Engineers supports the bill.

Other states, such as Illinois and Maine, have responded to the NTSB letter and recommendations by reviewing the issue. The Minnesota Society of Professional Engineers is also taking steps to set the record straight, as NSTB’s inclusion of Minnesota in this list was in error—the state does not exempt gas utilities from PE requirements.

License exemptions began getting more attention after the National Transportation Safety Board issued an investigation report on the September 2018 gas pipeline explosions in Massachusetts’ Merrimack Valley. The agency made two critical recommendations: first, that all the states with license exemptions for public utilities should eliminate those exemptions, and second, that a professional engineer should be required to review and approve gas pipeline construction and maintenance documents.

NSPE staff is working to secure a PE role in federal legislation on pipeline safety in addition to assisting state societies on this issue.