PRINTER'S NO. 231
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
260
Session of
2019
INTRODUCED BY DINNIMAN, KILLION, BREWSTER, SCHWANK, COSTA,
KEARNEY AND HAYWOOD, FEBRUARY 7, 2019
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 7, 2019
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in service and facilities, providing
for information regarding transmission of hazardous liquids
near school buildings.
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
INFORMATION REGARDING TRANSMISSION OF HAZARDOUS
LIQUIDS NEAR SCHOOL BUILDINGS
Sec.
1541. Definitions.
1542. Information regarding transmission of hazardous liquids
near school buildings.
1543. Record requirement.
§ 1541. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Charter school." A charter school, a regional charter
school or a cyber charter school.
"Chief school administrator." The superintendent of a school
district, superintendent of an area vocational-technical school,
executive director of an intermediate unit or chief executive
officer of any charter school.
"Facilities." Facilities of a public utility engaged in the
transmission of hazardous liquids by pipeline or conduit, any
part of which is located within 1,000 feet of a school building.
"Hazardous liquid." As defined in 49 CFR 195.2 (relating to
definitions).
"Nonpublic school." A nonprofit school, other than a school
entity, wherein a resident of this Commonwealth may legally
fulfill the compulsory school attendance requirements of Article
XIII of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949, and which meets the requirements of
Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 78
Stat. 241).
"Operator." An operator or owner of facilities.
"School." A school operated by a school entity or nonpublic
school.
"School building." A building owned by or under the control
of a school entity or nonpublic school where classes are taught
or extracurricular activities are conducted on a regular basis.
The term includes the following:
(1) A cyber charter school building where cyber charter
school students congregate for classes.
(2) The grounds adjacent to a building or facility where
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students congregate as part of the school day or a school-
sponsored activity, including school playgrounds.
"School entity." A school district, charter school, regional
charter school, cyber charter school, intermediate unit or area
vocational-technical school.
"Transmission." The transportation, other than gathering, of
hazardous liquids through a pipeline as that term is defined in
49 CFR 195.2 (relating to definitions).
§ 1542. Information regarding transmission of hazardous liquids
near school buildings.
(a) General rule.--Within six months of the completion of
construction of facilities and no later than January 15 of every
odd-numbered year thereafter, an operator shall file with the
commission the following information:
(1) The name of each school located within 1,000 feet of
the facilities.
(2) The street address of each school building located
within 1,000 feet of the facilities.
(3) The identification (system name) of the facilities.
(b) Emergency response plan.--An operator shall:
(1) Upon written request from the governing board of a
school entity or a nonpublic school, provide in writing the
following parts of a pipeline emergency response plan that
are relevant to a school building:
(i) A description and map of the facilities that are
located within 1,000 feet of the school building.
(ii) A list of any product transported in the
segment of the facilities that are located within 1,000
feet of the school building.
(iii) The designated emergency number for the
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operator.
(iv) Information on the Commonwealth's excavation
One Call System.
(v) Information on how to recognize, report and
respond to a product release.
(2) Mail a copy of the information requested under
paragraph (1) by certified mail, return receipt requested, to
the chief school administrator of the school entity or the
director of the nonpublic school.
(c) Meetings.--If requested by the governing board of the
school entity or nonpublic school, an operator or the operator's
representative shall appear at a regularly scheduled meeting of
the governing board of a school entity or nonpublic school to
explain the items listed under subsections (a) and (b) if
requested by the governing board of the school entity or
nonpublic school.
§ 1543. Record requirement.
(a) General rule.--An operator shall maintain records
documenting compliance with the requirements of this subchapter.
(b) Maintenance of records.--Records of attendance and
acknowledgment of receipt of the requested information by the
chief school administrator of a school entity or the director of
a nonpublic school shall be retained for five years from the
date of the event that is commemorated by the record.
(c) Certified mail records.--Records of certified mail
transmissions undertaken in compliance with this subsection
shall satisfy the record-keeping requirements of this section.
Section 2. This act shall take effect in 60 days.
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