PRINTER'S NO. 576
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
442
Session of
2019
INTRODUCED BY DINNIMAN, FOLMER, MUTH, KILLION, SCHWANK AND
KEARNEY, APRIL 8, 2019
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 8, 2019
AN ACT
Amending Title 15 (Corporations and Unincorporated Associations)
of the Pennsylvania Consolidated Statutes, in corporate
powers, duties and safeguards, further providing for
additional powers of certain public utility corporations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1511(a) introductory paragraph of Title
15 of the Pennsylvania Consolidated Statutes is amended and the
section is amended by adding a subsection to read:
ยง 1511. Additional powers of certain public utility
corporations.
(a) General rule.--[A] Except as provided in subsection (h),
a public utility corporation shall, in addition to any other
power of eminent domain conferred by any other statute, have the
right to take, occupy and condemn property for one or more of
the following principal purposes and ancillary purposes
reasonably necessary or appropriate for the accomplishment of
the principal purposes:
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(h) Moratorium on hazardous liquids pipelines.--
(1) Notwithstanding any provision of this title or other
law to the contrary, beginning on the effective date of this
subsection and until May 31, 2021, no public utility
corporation owning or operating equipment or facilities
engaged in the transmission of hazardous liquids, by pipeline
or conduit, in this Commonwealth may exercise the powers
conferred by subsection (a) or any other power of eminent
domain conferred by any other statute.
(2) The temporary moratorium on the exercise of eminent
domain in paragraph (1) does not apply to any of the
following activities:
(i) maintaining or replacing existing equipment or
facilities in place; or
(ii) relocating temporary work space for repairs of
existing equipment or facilities.
(3) For purposes of this subsection, the following words
and phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Existing equipment or facilities." Equipment or
facilities of a public utility corporation engaged in the
transmission of hazardous liquids constructed and in use
prior to the effective date of this subsection.
"Hazardous liquid." As defined in 49 CFR 195.2 (relating
to definitions).
"Transmission." The transportation, other than gathering
of hazardous liquids through a pipeline as that term is
defined in 49 CFR 195.2.
Section 2. This act shall take effect in 60 days.
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