1Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
2Statutes, providing for an impact fee for pipelines of
3natural gas or oil; establishing a fund; and imposing powers
4and duties on the Pennsylvania Public Utility Commission.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 58 of the Pennsylvania Consolidated
8Statutes is amended by adding a chapter to read:

9CHAPTER 24

10IMPACT FEE FOR NATURAL GAS AND OIL PIPELINES

11Sec.

122401. Definitions.

132402. Administration.

142403. Fund.

152404. Fee.

16§ 2401. Definitions.

17The following words and phrases when used in this chapter
18shall have the meanings given to them in this section unless the
19context clearly indicates otherwise:

1"Affected area." A high-consequence area as defined in 49
2CFR § 192.903 (relating to what definitions apply to this
3subpart).

4"Commission." The Pennsylvania Public Utility Commission.

5"Fund." The Pipeline Impact Fund established in section 2403
6(relating to fund).

7"Impact pipeline." A pipeline which is a transmission and
8gathering line for oil or natural gas.

9"Natural gas." A fossil fuel consisting of a mixture of
10hydrocarbon gases, primarily methane, and possibly including
11ethane, propane, butane, pentane, carbon dioxide, oxygen,
12nitrogen and hydrogen sulfide and other gas species. The term
13includes natural gas from oil fields known as associated gas or
14casing head gas, natural gas fields known as nonassociated gas,
15coal beds, shale beds and other formations. The term does not
16include coal bed methane.

17§ 2402. Administration.

18(a) Duties.--The commission has the following duties to
19implement this chapter:

20(1) Collect and deposit money under section 2404(a)(1)
21and (b) (relating to fee).

22(2) Carry out section 2403(d) (relating to fund).

23(b) Powers.--The commission may promulgate regulations to
24implement this chapter.

25§ 2403. Fund.

26(a) Establishment.--The Pipeline Impact Fund is established
27as a separate fund in the State Treasury.

28(b) Sources.--The following are the sources of the fund:

29(1) Fees under section 2404(a)(1) (relating to fee).
30This paragraph includes interest for late payment.

1(2) Appropriations.

2(3) Return on money in the fund.

3(c) Nonlapse.--The money in the fund is continuously
4appropriated into the fund. This appropriation shall not lapse
5at the end of a fiscal year.

6(d) Utilization.--The commission shall use the fund as
7follows:

8(1) Each year, up to 10% of the money in the fund may be
9used for administration.

10(2) Fifty percent of the money which is not used under
11paragraph (1) shall be used to make an annual payment to each
12county where an affected area is located.

13(3) The remainder of the money which is not used under
14paragraph (1) shall be used to make an annual payment to each
15municipality, other than a county, where an affected area is
16located.

17§ 2404. Fee.

18(a) Imposition.--

19(1) Except as set forth in paragraph (2), a person that
20utilizes an impact pipeline shall pay to the commission a fee
21based on acreage of linear feet plus right-of-way width using
22the county average land value in an affected area.

23(2) The fee under paragraph (1) shall not be imposed
24upon an impact pipeline in existence on the effective date of
25this paragraph.

26(b) Deposit.--The commission shall deposit the collected
27money under section 2403(b)(1) (relating to fund).

28Section 2. This act shall take effect as follows:

29(1) The following provisions shall take effect
30immediately:

1(i) The addition of 58 Pa.C.S. § 2402(b).

2(ii) This section.

3(2) The remainder of this act shall take effect in 60
4days.