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PRINTER'S NO. 643
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
584
Session of
2019
INTRODUCED BY DINNIMAN, LEACH, SCHWANK, MUTH, KILLION AND
TARTAGLIONE, APRIL 25, 2019
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 25, 2019
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in service and facilities, providing
for pipeline safety.
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 SAFETY
Sec.
1541. Definitions.
1542. Pipeline leak detection technology.
1543. Pipeline incident notification and reporting.
1544. Pipeline hydrostatic testing notification.
§ 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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"Commercially navigable waterway." A waterway where a
substantial likelihood of commercial navigation exists.
"Gas." As defined in 49 CFR 192.3 (relating to definitions).
"Hazardous liquid." As defined in 49 CFR 195.2 (relating to
definitions).
"Hazardous liquid high consequence area." An area that is:
(1) A commercially navigable waterway.
(2) A high population area.
(3) An other populated area.
(4) An unusually sensitive area.
"High consequence area." As defined in 49 CFR 192.903
(relating to what definitions apply to this subpart?).
"High population area." An urbanized area, as 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.
"Other populated area." A place, as defined and delineated
by the United States Census Bureau, that contains a concentrated
population, such as an incorporated or unincorporated city,
town, village or other designated residential or commercial
area.
"Reportable incident." The following:
(1) A release of gas from the facilities of a public
utility that result in a reportable incident under 49 CFR
191.5 (relating to immediate notice of certain incidents).
(2) A release of hazardous liquids from the facilities
of a public utility that result in a reportable accident
under 49 CFR 195.52 (relating to immediate notice of certain
accidents).
(3) An occurrence of an unusual nature that is a
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physical or cyber attack, including attempts against cyber
security measures as defined in 52 Pa. Code Ch. 101 (relating
to public utility preparedness through self certification)
which causes an interruption of service or over $50,000 in
damages, or both.
"Transmission." The transportation, other than gathering, of
gas through a transmission line as the term is defined in 49 CFR
192.3 or of hazardous liquids through a pipeline as the term is
defined in 49 CFR 195.2.
"Unusually sensitive area." As defined in 49 CFR 195.6
(relating to unusually sensitive areas (USAs)). The term
includes Class 1b aquifers, a lithology of which includes
limestone, dolomite and locally, evaporitic units that contain
documented karst features or solution channels, regardless of
size.
§ 1542. Pipeline leak detection technology.
(a) New or replacement pipelines.--By January 1, 2022, all
new or replacement facilities of a public utility engaged in the
transmission of gas located near a high consequence area or
engaged in the transmission of hazardous liquids located near a
hazardous liquid high consequence area shall have the best
available leak detection technology installed, based on a risk
analysis conducted by the public utility and approved by the
commission to reduce the threat of gas or hazardous liquid leaks
to the public.
(b) Existing pipelines.--By July 1, 2022, all existing
facilities of a public utility engaged in the transmission of
gas located in a gas high consequence area or engaged in the
transmission of hazardous liquids located in a hazardous liquid
high consequence area shall submit a plan to retrofit, by
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January 1, 2024, the best available leak detection technology
installed, based on a risk analysis conducted by the public
utility and approved by the commission to reduce the risk of gas
or hazardous liquid leaks to the public.
(c) Duties of commission.--The commission shall adopt
regulations to implement this section. The commission may
consult with the Department of Environmental Protection or any
other agency it deems necessary in developing the regulations.
The regulations shall address, at a minimum, the following:
(1) The process by which public utilities shall submit
risk analyses and plans prepared under subsections (a) and
(b) for the commission's approval and how the commission will
assess the adequacy of any risk analysis or plan.
(2) A determination of how near to a gas high
consequence area or hazardous liquids high consequence area
the facilities of the public utility must be in order to be
subject to the requirements of this section based on the
likelihood of the facilities impacting those areas.
(3) A determination of what constitutes the best
available leak detection technology required under this
section, which shall include consideration of technologies,
including technologies currently in use, that provide the
most immediate detection and notification of an impact or
leak along a pipeline, swift detection of any abnormal
stress, movement or temperature conditions that are present
and the greatest degree of accuracy in pinpointing the
precise location of an impact or leak.
§ 1543. Pipeline incident notification and reporting.
(a) Commission notification.--A public utility operating
facilities for the transmission of gas or hazardous liquids
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shall notify the commission:
(1) Immediately following the discovery of a reportable
incident.
(2) Within 24 hours of an emergency situation, including
emergency shutdowns, material defects or physical damage that
impairs the serviceability of the facilities and is not a
reportable incident.
(b) Local organization notification.--In the event a
reportable incident poses an immediate health or safety risk to
the public, a public utility operating facilities for the
transmission of gas or hazardous liquids shall notify by
electronic data transmission, or by telephone if electronic data
transmission is not available or practicable, a local emergency
management organization for any area likely to be affected by
the incident:
(1) Immediately following the discovery of a reportable
incident.
(2) Within 24 hours of an emergency situation, including
emergency shutdowns, material defects or physical damage that
impairs the serviceability of the facilities and is not a
reportable incident.
(c) Means of commission notification.--The commission shall
establish, by regulation or order, the appropriate means of
communication for a notification required under subsection (a).
(d) Contents of notification.--The notification required
under this section shall include all of the following:
(1) The name of the public utility, name of the person
making the report and name, address and telephone number of
the person or persons representing the public utility to be
contacted for further information.
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(2) A general description of the incident, including the
date, time and location.
(3) The extent of injuries and damage, including the
number of fatalities and personal injuries, if any.
(4) The initial estimate of the quantity of product
released, if applicable.
(5) All other significant facts that are known by the
public utility that are relevant to the cause of the incident
or extent of the damages.
(6) Any immediate health or safety risks to the public
associated with the emergency that are known or anticipated
by the public utility and, where appropriate, advice
regarding necessary medical attention and proper precautions
for exposed individuals.
(7) For commission notification required under
subsection (a), any other information required by the
commission.
(e) Written reports.--Within 30 days of the notification
under this section, the public utility shall file a written
report with the commission in a form and manner prescribed by
the commission that includes all of the following:
(1) The name of the public utility, name of the person
making the report and name, address and telephone number of
the person or persons representing the public utility to be
contacted for further information.
(2) A general description of the incident, including the
date, time and location.
(3) The extent of injuries and damage, including the
number of fatalities and personal injuries, if any.
(4) The initial estimate of the quantity of product
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released, if applicable.
(5) All other significant facts that are known by the
public utility that are relevant to the cause of the incident
or extent of the damages.
(6) Any immediate health or safety risks to the public
associated with the emergency that are known or anticipated
by the public utility and, where appropriate, advice
regarding necessary medical attention and proper precautions
for exposed individuals.
(7) The date, time and type of any repair or corrective
action taken before the written report is filed and any
planned follow-up or future corrective action, including the
anticipated schedule for starting and concluding the
corrective action.
(8) Any other information required by the commission.
§ 1544. Pipeline hydrostatic testing notification.
(a) Commission notification.--At least three working days
prior to the date on which a public utility begins conducting
hydrostatic pressure testing of a pipeline, the public utility
operating facilities for the transmission of gas or hazardous
liquids shall notify the commission. The commission shall
establish, by regulation or order, the appropriate means of
communication for the notification.
(b) Local organization notification.--At least three working
days prior to the date on which a public utility begins
conducting hydrostatic pressure testing of a pipeline, the
public utility operating facilities for the transmission of gas
or hazardous liquids shall notify, by electronic data
transmission or by telephone if electronic data transmission is
not available or practicable, a local emergency management
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organization for any area in which the hydrostatic testing is to
be conducted.
(c) Contents of notification.--The notification required
under this section shall include all of the following:
(1) The name of the public utility and the name, address
and telephone number of the person or persons representing
the public utility to be contacted for further information
regarding the hydrostatic pressure testing and in the event
of a leak during testing.
(2) The name and contact information of any hydrostatic
test company used.
(3) The specific location of the pipeline segment to be
hydrostatically tested and the location of the test
equipment.
(4) The date and time the hydrostatic test is to be
conducted and the test duration.
(5) The test medium to be used.
Section 2. This act shall take effect in 60 days.
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