PRIOR PRINTER'S NO. 978
PRINTER'S NO. 1023
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
284
Session of
2019
INTRODUCED BY KILLION, K. WARD, YUDICHAK, BREWSTER, LEACH,
TARTAGLIONE AND DINNIMAN, JUNE 17, 2019
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, AS AMENDED, JUNE 19, 2019
AN ACT
Amending the act of November 29, 2006 (P.L.1435, No.156),
entitled "An act relating to confidential security
information of public utilities; and imposing penalties,"
further providing for definitions; providing for pipeline
operation and emergency response plans; and further providing
for prohibition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of November 29, 2006
(P.L.1435, No.156), known as the Public Utility Confidential
Security Information Disclosure Protection Act, is amended by
adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Gas." As defined in 49 CFR 192.3 (relating to definitions).
"Hazardous liquid." As defined in 49 CFR 195.2 (relating to
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definitions).
* * *
"Transmission." The transportation, other than gathering, of
gas through a transmission line as that term is defined in 49
CFR 192.3 or of hazardous liquids through a pipeline as that
term is defined in 49 CFR 195.2.
* * *
Section 2. The act is amended by adding a section to read:
Section 4.1. Pipeline operation and emergency response plans.
(a) General rule.--A public utility , EXCLUDING A NATURAL GAS
DISTRIBUTION COMPANY AS DEFINED IN 66 PA.C.S. § 2202 (RELATING
TO DEFINITIONS), operating facilities for the transmission of
gas or hazardous liquids which provides an operation and
emergency response plan containing confidential security
information to the Pennsylvania Public Utility Commission under
section 4 shall maintain a complete, accurate and up-to-date
version of the operation and emergency response plan on file
with the Pennsylvania Public Utility Commission.
(b) Definition.--As used in this section, the term
"operation and emergency response plan" means the information
required under 49 CFR 195.402 (relating to procedural manual for
operations, maintenance, and emergencies) and an emergency plan
as provided under 49 CFR 192.615 (relating to emergency plans).
Section 3. Section 5(b) of the act is amended and the
section is amended by adding a subsection to read:
Section 5. Prohibition.
* * *
(b) Exception.--Notwithstanding subsection (a), [an] the
following shall apply:
(1) An agency may, after notification and consultation
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with the public utility, disclose a public utility record or
portion thereof which contains confidential security
information, in accordance with the provisions of this act,
that is necessary for construction, renovation or remodeling
work on any public building or project. Release or disclosure
of such records or portions thereof for these purposes does
not constitute prohibited disclosure under subsection (a) and
does not result in such records or portions thereof becoming
public records subject to the provisions of the act of June
21, 1957 (P.L.390, No.212), referred to as the Right-to-Know
Law.
(2) The Pennsylvania Public Utility Commission may,
after notification and consultation with a public utility ,
EXCLUDING A NATURAL GAS DISTRIBUTION COMPANY AS DEFINED IN 66
PA.C.S. § 2202 (RELATING TO DEFINITIONS), operating
facilities for the transmission of gas or hazardous liquids ,
disclose an operation and emergency response plan or portion
thereof which contains confidential security information, in
accordance with the provisions of this act, that is necessary
for a county emergency management agency director to fulfill
their obligations under 35 Pa.C.S. (relating to health and
safety).
(3) The disclosure permitted under paragraph (2) shall
be made only after the county emergency management agency
director, with authority to bind the county emergency
management agency, agrees to and signs a nondisclosure
agreement which, in the judgment of the Pennsylvania Public
Utility Commission, contains adequate protections against the
unauthorized or inadvertent disclosure of confidential
security information.
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(c) Definition.--As used in this section, the term
"operation and emergency response plan" means the information
required under 49 CFR 195.402 (relating to procedural manual for
operations, maintenance, and emergencies) and an emergency plan
as provided under 49 CFR 192.615 (relating to emergency plans).
Section 4. This act shall take effect in 60 days.
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