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Sen. Rafferty Introduces Bipartisan Resolution To Create Commission On Pipeline Construction & Operations

Sen. John Rafferty (R-Montgomery) and bipartisan co-sponsors Wednesday introduced Senate Resolution 373 that would establish a 23-member Senate-House legislative Commission to Study Pipeline Construction and Operations and to recommend improvements for the safe transport of oil, natural gas and other hazardous liquids through pipelines.

The resolution was co-sponsored by Senators McGarrigle (R-Delaware), Killion (R-Delaware), Folmer (R-Lebanon), Costa (D-Allegheny), Schwank (D-Berks), Brewster (D-Allegheny) and Dinniman (D-Chester).

“Natural gas and oil extraction has increased dramatically over the last decade in the Commonwealth resulting in the construction of new pipeline infrastructure to transport hazardous liquids, gases and other byproducts in large quantities through the most sensitive areas of Pennsylvania,” said Sen. Rafferty. “As such, many communities in the Commonwealth have experienced the negative aspects associated with pipeline construction.

“Our communities now face increased safety risks due to these high pressure pipelines being situated in close proximity to homes, schools and population centers,” Sen. Rafferty said. “The construction of pipelines has also resulted in hundreds of environmental and safety violations along with the contamination of private water wells and public waterways.

“These incidents and safety concerns have demonstrated a clear need for exploring measures which will improve management, increase safety and provide for more comprehensive oversight of pipeline construction and operations,” Sen. Raffterty explained.

Both the Senate and House have to adopt the resolution to make it effective. The limited-term commission would make its recommendations by January 1, 2019.

The text of the resolution follows--

A CONCURRENT RESOLUTION

Establishing a special bipartisan, bicameral legislative commission to recommend safety, oversight and interagency coordination improvements for the transport of oil, natural gas and other hazardous liquids through pipelines in this Commonwealth and develop and promote legislation in furtherance of its recommendations.

WHEREAS, The residents of this Commonwealth have a right to safe communities and benefit from regulations and laws which are established to enhance their safety and protect the environment; and

WHEREAS, Natural gas and oil extraction have increased dramatically over the last decade in this Commonwealth, resulting in the construction of new pipeline infrastructure to transport hazardous liquids, gases and byproducts in large quantities through the most sensitive areas of this Commonwealth; and

WHEREAS, While the construction and operation of any pipeline carries some measure of risk, the public safety and environmental risks associated with the construction and transportation of volatile chemicals are compounded dramatically when high volume pipelines operating under high pressure are situated in close proximity to homes, schools and population centers; and

WHEREAS, The construction of pipelines throughout this Commonwealth has resulted in hundreds of environmental and safety violations that have negatively impacted the residents of this Commonwealth, resulting in the contamination of private wells and public waterways and demonstrating the need for exploring measures that will result in improved management, increased safety and more comprehensive oversight of pipeline construction and operation; therefore be it

RESOLVED (the House of Representatives concurring), That the General Assembly establish a special bipartisan, bicameral legislative commission to recommend improvements to the process of regulating pipeline construction and operation in this Commonwealth and develop and promote legislation in furtherance of its recommendations; and be it further

RESOLVED, That the commission consist of the following members:

(1) The chairperson and minority chairperson of the Environmental Resources and Energy Committee of the Senate or designees.

(2) The chairperson and minority chairperson of the Environmental Resources and Energy Committee of the House of Representatives or designees.

(3) The Director of Regulatory Affairs of the Pennsylvania Public Utility Commission or a designee.

(4) The Director of the Bureau of Investigations and Enforcement of the Pennsylvania Public Utility Commission or a designee.

(5) The Director of the Environmental Emergency Response Program of the Department of Environmental Protection or a designee.

(6) The Deputy Secretary for Oil and Gas Management of the Department of Environmental Protection or a designee.

(7) The president of the Marcellus Shale Coalition or a designee.

(8) The executive director of the Pipeline Safety Coalition or a designee.

(9) The president of the Pennsylvania Municipal League or a designee.

(10) The president of the Pennsylvania State Association of Boroughs or a designee.

(11) The president of the Pennsylvania State Association of Township Commissioners or a designee.

(12) The president of the Pennsylvania State Association of Township Supervisors or a designee.

(13) The president of the Pennsylvania Association of Hazardous Materials Technicians or a designee.

(14) Two fire chiefs of volunteer fire companies in this Commonwealth, one of whom shall be selected by the President pro tempore of the Senate and one of whom shall be selected by the Speaker of the House of Representatives.

(15) Two fire chiefs of municipal fire companies in this Commonwealth, one of whom shall be selected by the President pro tempore of the Senate and one of whom shall be selected by the Speaker of the House of Representatives.

(16) Four fire or emergency medical services members at large, two of whom shall be selected by the President pro tempore of the Senate and two of whom shall be selected by the Speaker of the House of Representatives; and be it further

RESOLVED, That the commission elect a chair from its membership; and be it further

RESOLVED, That the commission shall develop and recommend legislation to improve the safety, oversight and interagency coordination for pipelines in this Commonwealth; and be it further

RESOLVED, That the commission may hold hearings, take testimony and make investigations at such places as it deems necessary in this Commonwealth; and be it further

RESOLVED, That the Legislative Budget and Finance Committee provide staff support to the commission and assist with the final report; and be it further

RESOLVED, That the commission make a final report of all legislative recommendations by January 1, 2019, which shall be submitted to the chairperson of the Environmental Resources and Energy Committee of the Senate and the chairperson of the Environmental Resources and Energy Committee of the House of Representatives; and be it further

RESOLVED, That the members of the commission shall serve without compensation, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties; and be it further

RESOLVED, That reasonable expenses incurred by the commission be equally divided between the Senate and the House of Representatives; and be it further

RESOLVED, That the approval of the chairperson and minority chairperson of the Environmental Resources and Energy Committee of the Senate and the chairperson and minority chairperson of the Environmental Resources and Energy Committee of the House of Representatives, by action of a majority of members of the committees, shall be required to preauthorize all proposed actions of the commission which will entail the expenditure of State funds and shall also be required to approve all expenditures, including expense reimbursement requests of commission members, prior to payment.

Click Here for a sponsor summary.

Pending Bills

Three bills sponsored by Sen. Andy Dinniman (D-Chester) related to pipeline safety issues have been on the Senate Calendar waiting for action since April 24.

They include: Senate Bill 835 (Dinniman-D-Chester) requiring the registration of land agents working for pipeline companies (sponsor summary); Senate Bill 930 (Dinniman-D- Chester) sets notification requirements related to pipeline emergencies (sponsor summary); and Senate Bill 931 (Dinniman-D- Chester) requires the installation of automatic or remote controlled safety values in natural gas pipelines in densely populated areas.

Pipeline Task Force Report

In February of 2016 a Governor’s Pipeline Infrastructure Task Force presented its final report containing a set of 184 suggestions to help Pennsylvania achieve responsible development of natural gas pipeline infrastructure.

The 40+ members of the Task Force voted on whether they agreed or disagreed with each of the recommendations. The top two recommendations under each general issue Gov. Wolf asked the Task Force to address were:

-- Amplify and engage in meaningful public participation

-- Establish early coordination with local landowners and lessors

-- Educate landowners on pipeline development issues

-- Develop long-term operations and maintenance plans to ensure pipeline safety and integrity

-- Train emergency responders

-- Enhance emergency response training for responder agencies

-- Employ construction methods that reduce environmental impact

-- Minimize impacts of stream crossings

-- Use best available combination of technologies to protect exceptional value and high quality waters

-- Maximize opportunities for predictable and efficient permitting

-- Ensure adequate agency staffing for reviewing pipeline infrastructure projects

-- Implement electronic permit submissions for chapters 102 and 105