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PRIOR PRINTER'S NO. 229
PRINTER'S NO. 1022
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
258
Session of
2019
INTRODUCED BY DINNIMAN, KILLION, BREWSTER, SCHWANK, COSTA,
YUDICHAK, KEARNEY, HAYWOOD, MUTH, TARTAGLIONE AND LEACH,
FEBRUARY 7, 2019
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, AS AMENDED, JUNE 19, 2019
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in service and facilities, providing
for pipeline emergency management information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 15 of Title 66 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER C
PIPELINE EMERGENCY MANAGEMENT INFORMATION
Sec.
1541. Definitions.
1542. Pipeline emergency management information.
1543. Penalties.
§ 1541. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"ENTITY." AN ENTITY, IDENTIFIED BY A PUBLIC UTILITY, WHICH
IS OPERATING A FACILITY ENUMERATED UNDER SUBSECTION (C) OF THE
DEFINITION OF "IDENTIFIED SITE" IN 49 CFR 192.903 (RELATING TO
WHAT DEFINITIONS APPLY TO THIS SUBPART?).
"Gas." As defined in 49 CFR 192.3 (relating to definitions).
"Gas high consequence area." A "high consequence area" as
defined in 49 CFR 192.903 (relating to what definitions apply to
this subpart?).
"Hazardous liquid." As defined in 49 CFR 195.2 (relating to
definitions).
"Hazardous liquid high consequence area." Any of the
following:
(1) A commercially navigable waterway where a
substantial likelihood of commercial navigation exists.
(2) A high-population area or urbanized area, defined
and delineated by the United States Census Bureau, that
contains 50,000 or more people and has a population density
of at least 1,000 people per square mile.
(3) Another populated area, defined and delineated by
the United States Census Bureau, as containing a concentrated
population, including, but not limited to, an incorporated or
unincorporated city, town, village or other designated
residential or commercial area.
(4) An unusually sensitive area as defined in 49 CFR
195.6 (relating to Unusually Sensitive Areas (USAs)),
including a Class 1b aquifer, a lithology of which includes
limestone, dolomite and locally evaporitic units that contain
documented karst features or solution channels, regardless of
size.
"Potential impact radius." The radius of a circle within
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which the potential failure of a pipeline could have significant
impact on people or property.
"IDENTIFIED SITE." AS DEFINED IN SUBSECTION (C) OF THE
DEFINITION OF "IDENTIFIED SITE" IN 49 CFR 192.903.
"Transmission." The transportation, other than gathering, of
gas through a transmission line as that term is defined in 49
CFR 192.3 or of hazardous liquids through a pipeline as that
term is defined in 49 CFR 195.2.
§ 1542. Pipeline emergency management information.
(a) Local organization notice.--At least twice each calendar
year, a public utility operating facilities for the transmission
of gas or hazardous liquids shall meet with each local emergency
management organization in the area in which the facilities are
located. The public utility shall provide to each local
emergency management organization the following information at a
minimum:
(1) Identification of any gas high consequence area or
hazardous liquid high consequence area and potential impact
radius located within the jurisdictional limits of the local
emergency management organization.
(2) The public utility's current emergency operating
procedures.
(b) Local coordinator responsibilities.--The local emergency
management organization coordinator shall consider the
information received under subsection (a), as appropriate, when
planning, administering and operating the local organization
under 35 Pa.C.S. Ch. 75 (relating to local organizations and
services).
(A) COUNTY EMERGENCY PLANNING NOTIFICATION.--AT LEAST
ANNUALLY, A PUBLIC UTILITY OPERATING A FACILITY FOR THE
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TRANSMISSION OF GAS OR HAZARDOUS LIQUIDS SHALL MEET WITH THE
COUNTY EMERGENCY MANAGEMENT DIRECTOR OF THE COUNTY IN WHICH EACH
FACILITY IS LOCATED. THE PUBLIC UTILITY SHALL PROVIDE TO EACH
COUNTY EMERGENCY MANAGEMENT DIRECTOR THE FOLLOWING INFORMATION
AT A MINIMUM:
(1) IDENTIFICATION OF EACH FACILITY.
(2) A LIST OF PRODUCTS AND PRESSURE TRANSPORTED IN EACH
FACILITY.
(3) EMERGENCY CONTACTS AND NUMBERS FOR THE OPERATOR OF
EACH OPERATING FACILITY.
(4) INFORMATION ON HOW TO RECOGNIZE, REPORT AND RESPOND
TO A PRODUCT RELEASE SPECIFIC TO AN IDENTIFIED SITE.
(B) COUNTY EMERGENCY MANAGEMENT DIRECTOR RESPONSIBILITIES.--
(1) A COUNTY EMERGENCY MANAGEMENT DIRECTOR MAY INCLUDE
EMERGENCY MANAGEMENT PERSONNEL FROM EACH IMPACTED POLITICAL
SUBDIVISION IN THE ANNUAL MEETING UNDER SUBSECTION (A) AND
SHALL CONSIDER THE INFORMATION RECEIVED UNDER SUBSECTION (A),
AS APPROPRIATE, WHEN PLANNING, ADMINISTERING AND OPERATING AN
EMERGENCY PLANNING AND RESPONSE UNDER 35 PA.C.S. (RELATING TO
HEALTH AND SAFETY).
(2) A COUNTY EMERGENCY MANAGEMENT DIRECTOR SHALL NOTIFY
THE FOLLOWING THAT INFORMATION IS AVAILABLE FOR EMERGENCY
PLANNING UNDER SUBSECTION (A):
(I) EACH POLITICAL SUBDIVISION IN THE COUNTY.
(II) EACH ENTITY IN THE COUNTY.
(3) A COUNTY EMERGENCY MANAGEMENT DIRECTOR SHALL NOTIFY
EACH POLITICAL SUBDIVISION IN THE COUNTY OF EACH ENTITY IN
THE POLITICAL SUBDIVISION.
§ 1543. Penalties.
The commission may, after notice and opportunity to be heard,
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impose civil penalties under section 3301 (relating to civil
penalties for violations) and other appropriate remedies for
violations of this subchapter and the regulations and orders of
the commission.
Section 2. This act shall take effect in 60 days.
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