PRINTER'S NO. 233
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
262
Session of
2019
INTRODUCED BY DINNIMAN, KILLION, SCHWANK, 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 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:
ยง 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 under subsection (a), a public utility shall submit an
application to the commission for authorization regarding the
siting of the pipeline to be constructed.
(c) Application contents.--Applications submitted under
subsection (b) shall include:
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(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 publish for two consecutive
weeks 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
agencies listed in subsection (d)(2), where applicable:
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(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.
(C) Plant and wildlife habitats.
(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.
(ii) The proposed pipeline will not create an
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unreasonable risk of danger to the health and safety of
the public.
(iii) The proposed pipeline is in compliance with
applicable statutes and regulations providing for the
protection of the natural resources of this Commonwealth.
(iv) 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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