Regular Session 2017-2018 Senate Bill 0928 P.N. 1306

PRINTER'S NO. 1306

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

928

Session of

2017

INTRODUCED BY DINNIMAN AND RAFFERTY, NOVEMBER 1, 2017

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

NOVEMBER 1, 2017

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, in powers and duties of commission,

providing for pipeline siting review.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 66 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 531. Pipeline siting review.

(a) Commission duties.--The commission shall, within 18

months of the effective date of this section, adopt regulations

regarding the siting of the new construction of pipelines.

(b) Pipeline siting application.--Prior to the new

construction of pipelines or pipeline construction projects

described in subsection (a), a public utility shall submit an

application to the commission for authorization regarding the

siting of the pipeline to be constructed.

subsection (b) shall include:

(1) The name and address of the public utility proposing

the pipeline and the name and contact information for the

pipeline's representative for purposes of communication

regarding the application.

(2) A general description of the proposed route of the

pipeline, to include the number of route miles, the right-of-

way width and the location of the proposed pipeline within

each city, borough, town and township traversed.

(3) The names of known persons, corporations and other

entities of record owning property within the proposed right-

of-way, together with an indication of the pipeline rights-

of-way acquired by the public utility.

(4) A statement of the safety considerations that will

be incorporated into the design, construction and maintenance

of the proposed pipeline.

(5) A description of studies that have been made as to

the projected environmental impact of the pipeline as

proposed and of the efforts which have been and which will be

made to minimize the impact of the pipeline upon the

environment and scenic and historic areas, including, but not

limited to, impacts, where applicable, upon land use, soil

and sedimentation, plant and wildlife habitats, terrain,

hydrology and landscape.

(6) A description of the efforts of the public utility

to locate and identify archeologic, geologic, historic,

scenic or wilderness areas of significance within two miles

of the proposed right-of-way and the location and identity of

the areas discovered by the public utility.

(7) A general description of reasonable alternative

routes to the proposed pipeline, including a description of

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the corridor planning methodology, a comparison of the merits

and detriments of each route and a statement of the reasons

for selecting the proposed pipeline route.

(8) A list of the Federal, State and local governmental

agencies that have requirements to be met in connection with

the construction or maintenance of the proposed pipeline and

a list of documents that have been or are required to be

filed with those agencies in connection with the siting and

construction of the proposed pipeline.

(9) A list of the governing bodies of the municipalities

through which the proposed pipeline will be located.

(10) A description of the product or material to be

transported through the proposed pipeline.

(11) The estimated cost of construction of the proposed

pipeline and the projected date for completion.

(12) A general statement of the need for the proposed

pipeline in meeting identified present and future demands for

service and of how the proposed pipeline will meet that need

and of the engineering justifications for the proposed

pipeline.

(13) Any other information, documentation, exhibits or

maps required by the commission.

(d) Service of application and notice of filing.--

(1) A public utility shall file the original application

under subsection (b) with the commission accompanied by an

affidavit of service showing the identity of those served

under paragraphs (2) and (3).

(2) At the time of filing, the public utility shall

serve a copy of the application upon the following:

(i) The chief executive officer, the governing body

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and the body charged with the duty of planning land use

in each municipality in which any portion of the pipeline

is proposed to be located.

(ii) The Secretary of Environmental Protection.

(iii) The local coordinators of any local emergency

management organizations in the areas in which the

proposed pipeline route will be located.

(3) At the time of filing, the public utility shall

serve a notice of filing and a map of suitable detail showing

the proposed route of the proposed pipeline upon the

following:

(i) The Secretary of Transportation.

(ii) The Chairman of the Historical and Museum

Commission.

(iii) Other Federal, State and local agencies

designated in subsection (c)(8).

(iv) The persons, corporations and other entities

designated in subsection (c)(3).

(4) The notice of filing shall contain a statement

identifying the filing, the date on which the filing was or

is to be made, a description of the proposed pipeline, a

description of the product or material to be transported

through the proposed pipeline, the number of route miles, the

right-of-way width and the location of the proposed pipeline

within each municipality traversed and a statement that a

copy of the application is available for public examination

as provided in paragraph (5).

(5) On the day of filing of the application, the public

utility shall make a copy of the application available for

public examination on the public utility's publicly

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accessible Internet website or during ordinary business hours

at a convenient location within any county in which a part of

the proposed pipeline will be located.

(e) Hearing and notice.--

(1) Upon filing of an application, the commission shall

set the time and place for at least two public hearings in

each county in which a portion of the pipeline is proposed to

be located.

(2) The public utility shall cause the weekly

publication for two consecutive weeks of a notice of hearings

in a newspaper of general circulation within each

municipality in which the pipeline is proposed to be located.

The publication of the notice of hearings shall begin at

least 45 days before the date set for the commencement of the

hearings. The notice of hearing for publication shall contain

a brief description of the proposed pipeline, the pipeline's

location, a statement of the date, time and place of the

hearing and of the hearing's purpose and a statement as to

where and when a copy of the application will be available

for public examination.

(3) The commission shall notify, and allow the timely

intervention of, each person or agency designated in

subsection (d)(2) and (3) of the time and place of the

hearings on the application and shall notify any other

parties granted leave to intervene in accordance with

commission rules or regulations.

(4) At hearings held under this section, the commission

shall accept evidence upon, and in the commission's

determination of the application the commission will consider

the following matters, in consultation with the persons or

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agencies listed in subsection (d)(2), where applicable:

(i) The present and future necessity of the proposed

pipeline in furnishing service to the public.

(ii) The safety of the proposed pipeline.

(iii) The impact and the efforts which have been and

will be made to minimize the impact, if any, of the

proposed pipeline upon the following:

(A) Land use.

(B) Soil and sedimentation.

(D) Terrain.

(E) Hydrology.

(F) Landscape.

(G) Archeologic areas.

(H) Geologic areas.

(I) Historic areas.

(J) Scenic areas.

(K) Wilderness areas.

(L) Scenic rivers.

(iv) The availability of reasonable alternative

routes.

(f) Commission determination.--

(1) The commission shall grant or deny the application,

in whole or in part, as filed or upon the terms, conditions

or modifications of the location, construction, operation or

maintenance of the line as the commission deems appropriate.

(2) The commission may not grant the application, either

as proposed or as modified, unless the commission finds and

determines as to the proposed pipeline that:

(i) There is a need for the proposed pipeline.

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(ii) The proposed pipeline will not create an

unreasonable risk of danger to the health and safety of

the public.

(3) That the proposed pipeline is in compliance with

applicable statutes and regulations providing for the

protection of the natural resources of this Commonwealth.

(4) That the proposed pipeline will have minimum adverse

environmental impact, considering the needs of the public for

the pipeline, the state of available technology and the

available alternatives.

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Pipeline." Includes:

(1) A pipeline of a public utility defined in paragraph

(1)(v) of the definition of "public utility" in section 102

(relating to definitions).

(2) A pipeline of a public utility defined in paragraph

(1)(i) of the definition of "public utility" in section 102

carrying natural or artificial gas which pipeline has a

nominal inside diameter of eight inches or greater.

(3) Pipeline construction projects of a public utility

with total costs of $5,000,000 or more.

Section 2. This act shall take effect in 60 days.

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