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04/25/2024 04:04 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=15040
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: July 31, 2014 11:18 AM
From: Representative W. Curtis Thomas
To: All House members
Subject: Improved DEP Public Notification; Pipeline Acre-for-Acre; and Condemnation Approval
 
I plan to introduce a three-bill legislative package aimed at improving not only how the Department of Environmental Protection notifies the public of permitting actions and how it provides access to related documents, but also to protect taxpayer-funded easements against pipeline projects on an acre-to-acre basis, and finally, to protect agricultural easements against condemnation of land for pipeline and electric corridor projects.





Document #1

Introduced as HB2519

Description: DEP Public Notification and Access to Information

This legislation will improve the delivery of information from DEP and permit applicants to the general public. It partly is based upon current DEP protocol in relation to Environmental Justice Areas, which are U.S. Census tracts where 20 percent or more individuals live in poverty and/or 30 percent or more of the population is minority.
 
Under this bill, the DEP would require pipeline operators to notify property owners affected by their proposed pipeline. This is in line with current Federal Energy Regulatory Commission requirements. In cases where pipeline operators are seeking a specified list of DEP permits, the bill would require notification to residents within a half-mile of the project. Currently, DEP requires similar protocols within Environmental Justice Areas.
 
Finally, the new act would require DEP to post on its website permit applications and supporting public documents, such as engineering studies, to ensure easier public access to the information. By doing so, Pennsylvania’s DEP will follow in the footsteps of the Federal Energy Regulatory Commission, which provides internet access to permit applications and supporting documents.
 
Note: This is a companion bill to SB 504.

 

Document #2

Introduced as HB2520

Description: Pipeline Acre-for-Acre

Transporting Marcellus Shale gas to market is going to move discussion of what land is being used for the industry from specific regions of the state, to the Commonwealth’s multi-modal transportation infrastructure. For instance, the gas will need to be transported to market in Philadelphia and other ports.
 
This legislation would require pipeline operators that take taxpayer-funded agriculture and conservation easements to replace them within the same county, in counties of the first, second and third class. It could be argued that these counties are most prone to population and land pressures. Further, the bill would require that pipeline operators take whatever measures are necessary to ensure that their projects do not worsen stormwater characteristics, such as total volume and rate of stormwater run-off, of the their pipeline right-of-ways.
 
Note: This is a companion bill to SB 506

 

Document #3

Introduced as HB2521

Description: Condemnation Approval

This bill seeks to protect Act 43 farmland from condemnation by PUC- and FERC-approved projects in first, second and third class counties. Act 43 currently exempts such projects from requiring the approval of the Agricultural Lands Condemnation Approval Board. This bill would delete this exemption. This added protection is needed not only because of gas pipeline projects, but also the National Electric Corridor project.
 
Note: This is a companion bill to SB 507