Regular Session 2019-2020 House Bill 1735 P.N. 2327

PRINTER'S NO. 2327

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1735

Session of

2019

INTRODUCED BY OTTEN, ULLMAN, BARRAR, VITALI, HILL-EVANS,

McCLINTON, FREEMAN AND WILLIAMS, JULY 24, 2019

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

JULY 24, 2019

AN ACT

Establishing the Pipeline Early Detection and Warning Board in

the Department of Community and Economic Development;

establishing the Pipeline Early Detection and Warning System

Fund; providing for grants to municipalities; and imposing a

fee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Pipeline

Early Detection and Warning System Act.

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:

"Board." The Pipeline Early Detection and Warning Board

established under section 3.

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Early detection and warning system." A pipeline facility

monitoring system, including, but not limited to, a fiber-optic

system, supervisory control and data acquisition (SCADA) system,

FLIR camera or other appropriate detection device, providing

real-time information on the condition of transmission pipelines

and directly linked to local first responders enabling

dissemination of a public warning providing information via

radio, siren, television and the emergency broadcasting system.

"Fund." The Pipeline Early Detection and Warning System Fund

established under section 5.

"Grant." A grant awarded under section 5(d).

"Municipality." A borough, city, town or township.

"Pipeline facility." New and existing pipelines, rights-of-

way and any equipment, facility or building used in the

transportation of gas, oil or other materials or in the

treatment of those products during the course of transportation.

"Pipeline operator." A person who regulates the flow of oil,

gases and other materials from pipes into and out of storage

tanks, monitors instruments and communicates with other

operators and technicians.

"Secretary." The Secretary of Community and Economic

Development of the Commonwealth.

"Setback." The distance from a wellhead to a certain

structure or body of water as provided under 58 Pa.C.S. § 3215

(relating to well location restrictions).

Section 3. Board.

(a) Establishment.--The Pipeline Early Detection and Warning

Board is established within the department.

(b) Members.--The board shall consist of the following

members:

(1) The secretary or a designee.

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(2) The Secretary of Environmental Protection or a

designee.

(3) The Director of the Pennsylvania Emergency

Management Agency or a designee.

(4) The Chairman of the Pennsylvania Public Utility

Commission or a designee.

(5) Two members appointed by the Governor, by and with

the advice and consent of the Senate, including:

(i) a public official currently holding a municipal

office; and

(ii) a school superintendent or elected school board

member.

(6) Five members appointed by the Governor, by and with

the advice and consent of the Senate, for a term of six

years.

date of this section, the Governor shall nominate the members

under subsection (b)(6) as follows:

(1) two members to serve a two-year term;

(2) two members to serve a four-year term; and

(3) one member to serve a six-year term.

(d) Qualifications for appointed members.--Each member

appointed by the Governor under subsection (b)(6) must meet all

of the following requirements:

(1) Be a resident of this Commonwealth.

(2) Have been a qualified elector in this Commonwealth

for a period of at least one year prior to appointment.

(3) Be at least 25 years of age.

(e) Restrictions on appointed members.--The following apply:

(1) No person may be appointed as a member who has

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within eight years occupied any official relation to any oil,

gas or natural gas company or organization, including trade

and lobbying organizations.

(2) No member may hold any office or position, the

duties of which are incompatible with the duties of the

board.

(f) Expiration of terms.--

(1) The Governor shall submit the nomination of a member

under subsection (b)(5) or (6) to the Senate no later than 90

days prior to the expiration of the term or the effective

date of the resignation of the member whom the nominee would

replace.

(2) A member appointed by the Governor may continue to

hold office for a period not to exceed six months beyond the

expiration of the member's term if the successor has not been

duly appointed and qualified according to law.

(3) The Governor may remove an appointed member of the

board for cause upon written notice to the board.

(g) Chairperson.--The secretary or the secretary's designee

shall serve as the chairperson for the board.

(h) Quorum.--A majority of the members shall constitute a

quorum. No vacancy in the board may impair the right of a quorum

of the members to exercise the rights and perform the duties of

the board.

(i) Meetings.--The board shall meet at least four times a

year in Harrisburg and at other times and places as the board

shall determine is necessary to conduct board business.

(j) Open proceedings.--The proceedings of the board shall be

conducted in accordance with the provisions of 65 Pa.C.S. Ch. 7

(relating to open meetings).

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Section 4. Powers and duties of board.

The board shall have all of the following powers and duties:

(1) To accept and review an application submitted to the

board by a municipality for a grant for the cost of

installation of an early detection and warning system on the

pipeline facility within the municipality.

(2) To make a determination on awarding a grant to a

municipality that meets the requirements set forth by the

board for the installation of an early detection and warning

system on a pipeline facility within the municipality.

(3) To determine the qualifications for and requirements

of an application for a grant from the board.

(4) To conduct risk assessments of pipeline facilities

as provided in section 6.

(5) To promulgate regulations to administer and enforce

the provisions of this act.

Section 5. Pipeline Early Detection and Warning System Fund and

fee.

(a) Establishment of fund.--The Pipeline Early Detection and

Warning System Fund is established within the State Treasury.

(b) Fee.--The board shall impose a fee on a pipeline

operator within this Commonwealth in accordance with a formula

established by the board. The formula shall take into

consideration:

(1) Size of the pipeline within the municipality.

(2) Miles of pipeline.

(3) Pressure in the pipeline.

(4) Volume of product flowing through the pipeline.

(5) Population density within potential impact radii.

(6) Setbacks.

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(7) Report of the pipeline operator on pressure,

contents and location of pipes to other pipes in the

easement.

until the fees due under this section are collected. The fees

are due at the time the pipeline operator applies for the

tariff. The tariff may not be approved until the fees have been

collected.

(d) Deposit.--The fees collected under subsection (b) shall

be deposited into the fund upon first online/in-service date.

(e) Grants.--The board shall distribute money from the fund

to municipalities meeting the qualifications and application

requirements established by the board for a grant.

(f) Use of grants.--A municipality having been awarded a

grant under subsection (e) shall use the grant to create an

early detection and warning system within the municipality.

(g) Reporting.--

(1) The board shall prepare an annual report on all

money in the fund, including a detailed listing of all

deposits and expenditures of the fund. The board shall submit

the report to the chairperson and minority chairperson of the

Appropriations Committee of the Senate and the chairperson

and minority chairperson of the Appropriations Committee of

the House of Representatives. The report shall be submitted

no later than 90 days after the conclusion of each fiscal

year in which the board imposes a fee on pipeline operators

or approves and disburses grants from the fund.

(2) Any municipality that receives a grant from the

board under subsection (e) shall submit information to the

board on a form prepared by the board that sets forth the

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amount of the grant and use of the funds received in the

prior calendar year.

Section 6. Risk assessments.

(a) Risk assessment.--Upon application by a municipality for

an early detection and public warning system grant, the board

shall conduct a risk assessment on the pipeline facility within

the municipality to determine the risk associated with the

pipeline to guide the appropriate early detection and warning

system for the pipeline facility.

(b) Regulations.--The regulations under subsection (a) shall

require the board to do the following:

(1) Cooperate with the Federal Government and any public

or private agency or entity in implementing plans for

pipeline facility disaster prevention, preparation and

recovery.

(2) Administer a grant program to municipalities for

pipeline facility disaster prevention and management.

(3) Accept and coordinate assistance provided by Federal

agencies in major pipeline facility disasters or emergencies

in accordance with the provisions of The Robert T. Stafford

Disaster Relief and Emergency Assistance Act (Public Law 93-

288, 42 U.S.C. § 5121 et seq.).

results under subsection (a) to the department, the Pennsylvania

Emergency Management Agency, the Pennsylvania Public Utilities

Commission and the Department of Environmental Protection.

Section 7. Prohibition.

A pipeline facility may not operate until a functioning early

detection and warning system for the pipeline is in use.

Section 8. Appropriation.

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The sum of $350,000, or as much thereof as may be necessary,

is appropriated to the fund for the fiscal year July 1, 2019, to

June 30, 2020, to carry out the provisions of this act.

Section 9. Inconsistent repeal.

All acts and parts of acts are repealed insofar as they are

inconsistent with this act.

Section 10. Effective date.

This act shall take effect in 60 days.

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