PRINTER'S NO. 519
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
443
Session of
2019
INTRODUCED BY DINNIMAN, MUTH, KILLION AND KEARNEY,
MARCH 28, 2019
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 28, 2019
AN ACT
Providing for a moratorium on hazardous liquid pipelines
permitting.
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 Hazardous
Liquid Pipelines Permitting Moratorium Act.
Section 2. Legislative findings.
The General Assembly finds that:
(1) Hazardous liquids are national commodities, yet are
commodities that pose a threat to the property and health of
Pennsylvanians if not properly transported or stored.
(2) Questions have recently arisen regarding hazardous
liquid pipeline siting in Pennsylvania and the responsibility
for monitoring and inspecting these pipelines.
(3) The General Assembly recognizes the importance of
being able to balance the benefits of economic development in
this Commonwealth with the protection of the health, safety,
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welfare and property of its residents.
(4) The Governor convened the Pipeline Infrastructure
Task Force in 2015 in an effort to research and recommend
best practices for planning, siting, routing and construction
of pipelines that would both promote economic benefits and
reduce harmful environmental and community impacts.
(5) The final report from the Pipeline Infrastructure
Task Force contained 184 separate recommendations aimed at
protecting the public, yet few of these recommendations have
become law.
(6) The complex web of Federal and State laws governing
hazardous liquids have left wide gaps in the proper
regulation of the safe transportation of hazardous liquids
across this Commonwealth, including when the dangerous
products are being transported overseas with no direct
benefit to Pennsylvanians, which has created unique and
heightened safety concerns from our residents.
(7) Recent hazardous liquid pipeline construction in
Pennsylvania has resulted in over 90 notices of violation
over the past two years from the Department of Environmental
Protection of the Commonwealth for impacts to the environment
and water of this Commonwealth.
(8) Recent hazardous liquid pipeline construction in
Pennsylvania has impacted private water wells of our
residents.
(9) Recent hazardous liquid pipeline construction
projects in Pennsylvania have been temporarily suspended by
both the Department of Environmental Protection and the
Pennsylvania Public Utility Commission in the past two years
as the construction's impact on the safety of our residents
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and this Commonwealth's environment was questioned,
highlighting a need for additional clarity in the State law
governing hazardous liquid pipelines.
(10) It is the duty of the General Assembly to
temporarily suspend the authorization of new pipeline owners
and operators in order to reexamine whether its existing law
related to hazardous liquid pipeline siting, construction and
operation is adequately protecting this Commonwealth's
environment and the interests of our residents' health,
safety, welfare and property.
Section 3. 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:
"Commission." The Pennsylvania Public Utility Commission.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Existing equipment or facilities." Equipment or facilities
of a public utility engaged in the transmission of hazardous
liquids, by pipeline or conduit, constructed and in use prior to
the effective date of this section.
"Hazardous liquid." As defined in 49 CFR 195.2 (relating to
definitions).
"Public utility." As defined in 66 Pa.C.S. ยง 102 (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 4. Moratorium.
(a) Temporary moratorium.--Notwithstanding any other
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provision of law to the contrary, beginning on the effective
date of this section and until May 31, 2021:
(1) The commission may not grant a certificate of public
convenience under 66 Pa.C.S. Ch. 11 (relating to certificates
of public convenience) to a public utility owning or
operating in this Commonwealth equipment or facilities
engaged in the transmission of hazardous liquids, by pipeline
or conduit.
(2) The department may not issue any of the following
permits to a public utility owning or operating in this
Commonwealth equipment or facilities engaged in the
transportation of hazardous liquids, by pipeline or conduit,
for such equipment or facilities:
(i) An erosion and sedimentation permit under 25 Pa.
Code Ch. 102 (relating to erosion and sediment control).
(ii) A water obstruction and encroachment permit
under 25 Pa. Code Ch. 105 (relating to dam safety and
waterway management).
(iii) A National Pollutant Discharge Elimination
System (NPDES) general permit for discharges of storm
water associated with construction activities.
(b) Exceptions.--The temporary suspension of the issuance of
certificates, approvals or permits provided in subsection (a)
shall not apply to the following activities:
(1) maintaining or replacing existing equipment or
facilities in place; or
(2) relocating temporary work space for repairs of
existing equipment or facilities.
Section 5. Effective date.
This act shall take effect immediately.
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