Bill Text: PA SB1045 | 2009-2010 | Regular Session | Introduced

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Bill Title: Authorizing the Commonwealth of Pennsylvania to join the Mid-Atlantic Area Natural Gas Corridor Compact; providing for the form of the compact; imposing additional powers and duties on the Governor and the Secretary of the Commonwealth; and making an appropriation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-07-23 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [SB1045 Detail]

Download: Pennsylvania-2009-SB1045-Introduced.html

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PRINTER'S NO. 1337
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1045 Session of2009
INTRODUCED BY DINNIMAN, JULY 23, 2009
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JULY 23, 2009
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the Mid-
Atlantic Area Natural Gas Corridor Compact; providing for the
form of the compact; imposing additional powers and duties on
the Governor and the Secretary of the Commonwealth; and
making an appropriation.
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 Mid-Atlantic
Area Natural Gas Corridor Compact Act.
Section 2. Execution of compact.
The Governor of Pennsylvania, on behalf of this Commonwealth,
is authorized to and shall execute the Mid-Atlantic Area Natural
Gas Corridor Compact, hereinafter referred to as the "compact,"
with two or more of the party states. The General Assembly
signifies in advance its approval and ratification of the
compact and the compact is hereby adopted and entered into with
all states joining therein. The compact shall be in
substantially the following form:
Mid-Atlantic Area Natural Gas Corridor Compact
Article I
Statement of Purpose
Section 1. Purpose of compact.
The purpose of this compact is to promote regional
cooperation in the location, approval and construction of cross-
borders natural gas pipelines in the Mid-Atlantic region of the
United States by the development of a regional pipeline siting
council to facilitate the siting of cross-borders natural gas
pipelines within the compact states and to perform the
interstate pipeline siting responsibilities of such states.
Article II
Definitions
Section 1. Definitions.
For the purpose of this compact and of any supplemental or
concurring legislation enacted pursuant hereto, the following
words and phrases shall have the meanings given to them in this
section, except as may be otherwise required by the context:
"Affected Federal agency." The United States Department of
Energy, the Federal Energy Regulatory Commission, and the United
States Environmental Protection Agency and any other agency of
the United States Government affected by the Natural Gas Act of
1938.
"Associated facilities." Facilities essential to the
transport of natural gas through interstate commerce, including,
but not limited to, pipelines, substations and terminals.
"Compact." The Mid-Atlantic Area Natural Gas Corridor
Compact established pursuant to this act.
"Council." The Mid-Atlantic Area States Council as
established in this compact.
"Cross-borders natural gas pipeline." A proposed interstate
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natural gas pipeline and any associated facilities.
"Distribution corridor." A geographic area proposed for the
location, construction and operation of one or more cross-
borders natural gas pipelines.
"DOE." The United States Department of Energy.
"Eligible state." Any state contiguous to a party state that
elects to become a signatory to this compact.
"FERC." The Federal Energy Regulatory Commission.
"Federal acts." Any applicable requirement of:
(1) The National Forest Management Act of 1976 (Public
Law 94-588, 16 U.S.C. § 472a et seq.).
(2) The Endangered Species Act of 1973 (Public Law
93-205, 16 U.S.C. § 1531 et seq.).
(3) The Federal Water Pollution Control Act (62 Stat.
1155, 33 U.S.C. § 1251 et seq.).
(4) The National Environmental Policy Act of 1969
(Public Law 91-190, 42 U.S.C. § 4321 et seq.).
(5) The Federal Land Policy and Management Act of 1976
(Public Law 94-579, 43 U.S.C. § 1701 et seq.).
(6) The Natural Gas Act (52 Stat. 821, 15 U.S.C. § 717
et seq.).
"Indian tribe." Any Indian or Alaska Native tribe, band,
nation, pueblo, village or community that the Secretary of the
United States Department of the Interior acknowledges to exist
as an Indian tribe.
"Interested party." The term shall include the governmental
bodies of any political subdivision of a party state, state
agencies of a party state, Indian tribes domiciled within the
party states and persons residing or owning property in each
such party state through which a distribution corridor or
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natural gas pipeline is proposed.
"Natural gas." Gas issuing from the earth's crust through
natural openings or bored wells and which is typically a
combustible mixture of methane and other hydrocarbons used
chiefly as a fuel and raw material. The term includes both
compressed and liquefied forms of natural gas.
"Natural gas pipeline." A pipeline used for the
transportation, distribution, and/or sale of natural gas in
interstate commerce.
"Party state" or "compact state." Any states situated within
the mid-Atlantic area national corridor that are signatories of
this compact and any eligible state.
"Political subdivision." Any county, city, borough,
incorporated town, township or any equivalent unit of local
government of a party state.
"Secretary." The Secretary of the United States Department
of Energy.
Article III
Mid-Atlantic Area States Council
and Compact Administrators
Section 3.1. Establishment of council.
(1) There is hereby established a council to be known as
the Mid-Atlantic Area States Council, which shall be a body
politic and corporate, with succession for the duration of
this compact, as an agency and instrumentality of the
governments of the party states that are signatories of this
compact.
(2) The Council shall consist of persons holding
similarly situated positions in party states. If no such
persons in similarly situated positions exist in a party
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state, the Governor of that state, or Mayor as in the case of
the District of Columbia, shall appoint an individual with
expertise related to the field for which there is no
similarly situated person. Members of the council shall be:
(i) The Secretary of Environmental Protection, or a
designee.
(ii) The Secretary of Conservation and Natural
Resources, or a designee.
(iii) The chairman of the utility commission or
public service commission, or a designee.
(iv) One representative from county conservation
districts appointed by the State Conservation Commission.
(v) Three representatives from local government,
whereby one shall be selected by the Pennsylvania State
Association of Boroughs, one shall be selected by the
Pennsylvania State Association of Township Supervisors,
and one shall be selected by the County Commissioners
Association of Pennsylvania.
(vi) One representative of the housing industry
chosen by the Pennsylvania Builders Association.
(vii) One representative selected by The
Pennsylvania Chamber of Business and Industry.
(viii) The Chairman of the Environmental Resources
and Energy Committee of the House of Representatives.
(ix) The minority Chairman of the Environmental
Resources and Energy Committee of the House of
Representatives.
(x) The Chairman of the Environmental Resources and
Energy Committee of the Senate.
(xi) The minority Chairman of the Environmental
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Resources and Energy Committee of the Senate.
(3) If no such persons in similarly situated positions
exist in a party state, the Governor of that state, or Mayor
as in the case of the District of Columbia, shall appoint two
individuals with expertise in energy policy as it relates to
protection of the environment, conservation and natural
resources and land use as that state's representatives on the
council, provided, however, that a person so appointed shall
not have any pecuniary interest in any corporation, natural
gas utility or other person operating or interested in
establishing a cross-borders natural gas pipeline in a party
state or in any affiliate, intermediary, subsidiary or
holding company of such corporation, natural gas utility or
other person.
(4) The council shall elect annually from among its
members a chairperson, a vice-chairperson and a treasurer
whose offices shall rotate annually among the party states,
with such powers and duties as the council shall in its
bylaws prescribe. At no time shall any such office be held by
council members from the same party states.
(5) A member of the council may designate a deputy or
assistant to act in the place of such member, with full
authority to attend meetings of the council and with power to
discharge the duties and functions of such member either for
the duration of membership of the appointing member or for
any lesser time, unless otherwise provided by law of the
party state of such member. A designee so appointed shall
serve only at the direction and during the term of the
appointing member and shall be subject to removal at the
pleasure of such appointing member.
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(6) The council shall appoint an executive director who
shall serve at the pleasure of the council and who shall have
such powers and duties as the council shall in its bylaws
impose. The executive director shall serve as secretary of
the council and, together with the treasurer, shall be bonded
in such amounts as the council may in its bylaws require. The
executive director, on behalf of, as trustee for, and with
approval of the council as its bylaws shall require, may
borrow, accept or contract for the services of personnel from
any party state, any other state government or any political
subdivision or agency thereof, from any intergovernmental
agency, or from any institution, person, firm or corporation,
and may accept for any of the council's purposes and
functions under this compact any and all donations, gifts and
grants of money, equipment, supplies, materials and services
from any party state, any other government or political
subdivision or agency thereof, or intergovernmental agency,
or from any institution, person, firm or corporation, and may
receive and utilize the same.
(7) The council may, without regard to the civil service
or other laws of any party state relative to public officers
and employees, create and abolish offices, employment and
positions as it deems necessary for the purposes of the
council, affix and provide for the duties, conditions for
employment, qualifications, appointment, removal, term,
compensation and other rights and benefits of the council's
officers and employees. The council shall appoint the
principal officers of the council and allocate among them
administrative functions, powers and duties necessary to
carry out its purposes under this compact.
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(8) The council may maintain one or more offices for the
transaction of its business and shall meet as often as it
requires at such time and place as it shall determine. Each
council member shall be reimbursed for travel expenses in
accordance with the laws, regulations or policies of the
council member's party state.
(9) The organizational meeting of the council shall be
held within six months of the effective date of this compact.
Section 3.2. Council bylaws.
(1) The council shall adopt bylaws for the conduct of
its business by a two-thirds vote and shall have the power by
the same vote to amend and rescind its bylaws. The council
shall publish its bylaws in convenient form with the
Secretary of the Commonwealth or, in the case of other party
states, with the appropriate agency or officer of each
participating party state. The bylaws shall, among other
things, provide for the powers and duties of the executive
director of the council and for adequate notice to the
council members and the general public of all meetings and
hearings, and of the business to be transacted at such
meetings and hearings of the council. Adequate notice of all
meetings and hearings of the council shall be provided to the
public and to other agencies and officers of party states in
accordance with the laws and regulations of such states or in
accordance with the requirements of this compact.
(2) The council shall have a seal.
Section 3.3. Voting.
(1) Each party state shall be entitled to one vote in
the conduct of the business of the council.
(2) All actions taken by the council, except for actions
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to designate a distribution corridor and approve the location
construction of a cross-borders natural gas pipeline proposed
to be sited in party states, shall be by majority vote of the
members present.
(3) Any actions of the council to designate a
distribution corridor or approve the location and
construction of a cross-borders natural gas pipeline proposed
to be sited in party states shall require an affirmative vote
by two-thirds of all members of the council in whose states
the distribution corridor is proposed to be designated or a
cross-borders natural gas pipeline is proposed to be located
and constructed.
(4) Except as provided in paragraph (3), no action of
the council shall be binding unless taken at a meeting at
which a majority of all party states are represented and
unless a majority of the total number of votes are cast in
favor thereof.
(5) In addition to the powers and duties elsewhere
prescribed in this compact, the council shall have the power
to make and enforce rules and regulations as it deems
necessary to implement the provisions of this compact or to
effectuate in any other respect the purposes of this compact.
Section 3.4. Compact administrators.
(1) The chairman of each party state's public utility
commission or public service commission, as the case may be,
or the person holding an equivalent position who is
responsible for regulating natural gas utilities in each such
party state shall act as compact administrator for that
state. The compact administrator shall consult with like
officials of the party states, and shall foster cooperation
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between such states in the designation of distribution
corridors and the location and construction of any cross-
borders natural gas pipelines.
(2) The compact administrators and other members of the
council shall organize to negotiate and establish a regional
process to be adopted by the party states for the designation
a distribution corridor or approval, location and
construction of cross-borders natural gas pipeline in
accordance with the requirements of this compact.
(3) In negotiating the terms of the compact, the compact
administrators shall assure that the compact incorporates
procedures to ensure appropriate adjudicative proceedings,
mitigate environmental impacts and ensure that the compact is
in the public interest of the party states.
Article IV
Powers and Duties of Council
Section 4.1. Powers and duties.
(1) The council shall, after notice and public hearings,
develop, negotiate and promulgate rules and regulations
establishing a regional process to govern the designation of
a distribution corridor and approval, location and
construction of cross-borders natural gas pipelines.
(2) To carry out its powers and duties under this
compact, it shall be the further duty of the council to:
(i) Conduct and prepare, independently or in
cooperation with academia, energy economists and other
energy experts and analysts or other persons as
determined by the council, studies, investigations,
research and programs relating to all aspects of the site
selection of cross-borders natural gas pipelines.
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(ii) Adopt standards, rules and regulations to
perform its functions and enforce the terms of this
compact, including standards, rules and regulations to
govern the location and construction of cross-borders
natural gas pipelines.
(iii) Exercise any authority consistent with this
compact authorized by Congress under Federal law.
(iv) Advise, consult and encourage voluntary
cooperation from other agencies of the party states and
political subdivisions thereof, industries, other states,
the Federal Government, interested parties and other
persons in furtherance of its duties under this compact.
(v) Submit to the Governor of each party state an
annual report covering the activities of the council for
the preceding calendar year. The report shall be
submitted on or before December 31 of each year, shall
include such standards, rules, regulations and bylaws as
may have been adopted by the council, and shall be
transmitted to the Senate and the House of
Representatives or State Assembly, as the case may be, of
each party state. The council may issue such additional
reports as it may deem necessary.
(vi) Conduct informational meetings and public
hearings to disseminate information, receive comment or
take testimony with respect to the designation of a
distribution corridor or the location and construction of
cross-borders natural gas pipelines.
(vii) Consider and present recommendations, policies
and programs designed to facilitate the location and
construction of cross-borders natural gas pipelines.
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(viii) Recommend such changes in, or amendments or
additions to, the laws, rules, regulations, policies or
guidelines of the party states that, in the judgment of
the council, may be appropriate.
(ix) Work with the DOE and FERC or any successor
agency thereto, any other officer or agency of the United
States and the party states and any other governmental
unit or agency or officer thereof, and with any other
persons, entities or agencies, including energy or power
authorities, in matters related to the approval, location
and construction of cross-borders natural gas pipelines.
(x) Advise and assist the Governor and the
legislature of each party state with the development and
implementation of policies and procedures relating to the
designation of distribution corridors and the location
and construction of cross-borders natural gas pipelines.
(xi) Require and receive from any agency of a party
state, or any political subdivision thereof, assistance
and data.
(xii) Compile, publish and distribute, with or
without fee, any reports, bulletins, newsletters or other
documents as it may deem appropriate.
(xiii) Work with stakeholders, affected Federal,
state and local agencies, power or energy authorities and
the public to study alternatives to cross-borders natural
gas pipelines and distribution corridors.
(xiv) Designate a cross-borders natural gas
distribution corridor or corridors on its own motion or
by application of a person proposing to construct a
cross-borders natural gas pipeline. The council's
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designation of a distribution corridor shall serve to
identify a feasible corridor where one or more future
cross-borders natural gas pipelines may be located and
constructed that are consistent with the needs of this
Commonwealth and the party states.
(xv) Develop and adopt, in consultation with
appropriate agencies of the party states, energy or power
authorities, natural gas distribution companies, and
consumers a strategic plan for the Mid-Atlantic region's
natural gas needs. The strategic plan shall identify and
recommend activities needed to ensure reliability, future
growth, new natural gas wells, renewable resources, and
energy efficiency. In developing the strategic plan, the
council shall confer with state agencies and political
subdivisions in the party states and Federal agencies to
identify appropriate areas within their jurisdictions
that may be suitable for a distribution corridor or
natural gas pipeline.
(xvi) Coordinate, to the extent feasible, efforts to
identify long-term natural gas needs of the party states
with the land use plans of the party states, political
subdivisions thereof and Federal agencies.
(xvii) Accept, review and approve or disapprove
applications from persons proposing to locate and
construct a cross-borders natural gas pipeline. The
application shall be in the form required by the council
and shall be accompanied by any supportive data and other
information, including, but not limited to, the
following:
(A) The name of the applicant, address of its
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principal place of business and state or states in
which it is incorporated to do business.
(B) A statement of need and general description
of the proposed route. The general description shall
not be a legal or metes and bounds description but
shall include the proposed route of the cross-borders
natural gas pipeline, including the number of route
miles, the right-of-way width and the location of
such facility within each political subdivision
traversed.
(C) Supporting exhibits, such as maps, including
topographic maps; a system map depicting in
sufficient detail the location and volume of existing
pipelines of the applicant and the location and
volume of the proposed natural gas pipelines, aerial
photographs and other engineering materials as the
council shall by regulation prescribe.
(D) The names and addresses of known persons,
Indian tribes, corporations, small businesses and
other entities of record owning property within the
proposed right-of-way, together with an indication of
the rights-of-way acquired or the rights-of-way
needed to be acquired by the applicant.
(E) A statement of the safety considerations,
including public health and safety, that will be
incorporated into the design, construction and
maintenance of the proposed natural gas pipeline and
require this statement to be submitted to all county
and local government units where the proposed natural
gas pipeline will be located.
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(F) A description of any studies, including any
third-party studies, that have been made or will be
made concerning the projected environmental impact of
the proposed cross-borders natural gas pipeline and
of the efforts that have been or will be made to
minimize the impact of the proposed natural gas
pipeline on the environment, scenic rivers and
waterways, including, but not limited to, impacts,
where applicable, on land use, soil and
sedimentation, plant and wildlife habitats, terrain,
hydrology and landscape.
(G) A description of the efforts of the
applicant to locate and identify archaeological,
geologic, historic, scenic and wilderness areas of
significance within two miles of the proposed right-
of-way and the location and identity of areas
discovered by the applicant, and of the efforts that
have been or will be made to minimize the impact of
the proposed natural gas pipeline on such areas.
(H) A description of the efforts of the
applicant to locate and identify preserved land,
farmland, land subject to agricultural conservation
easements and other conservation easements, and of
the efforts that have been or will be made to
minimize the impact of the proposed natural gas
pipeline on such areas.
(I) A description of rights-of-way obtained or
to be obtained and efforts made to minimize the size
of any rights-of-way.
(J) A description of any developed areas within
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two miles of the proposed natural gas pipeline, the
impacts of the proposed natural gas pipeline on these
areas, the efforts made to avoid such areas, and the
efforts that have been or will be made to minimize
the impact of the proposed natural gas pipeline on
such areas.
(K) A general description of reasonable
alternative routes, including a description of the
distribution corridor planning, methodology, a
comparison of the merits and detriments of each
route, and a statement of the reasons for selecting
the proposed route.
(L) A list of local, state and Federal agencies
that have requirements which must be satisfied in
connection with the construction, maintenance and
operation of the proposed cross-borders natural gas
pipeline, and a list of all required documents which
have been or will be filed with a local, state or
Federal agency in connection with the location,
construction and operation of the proposed cross-
borders natural gas pipeline.
(M) The estimated cost of construction of the
proposed cross-borders natural gas pipeline and the
projected date of completion.
(xviii) Upon receipt of an application or upon its
own motion for the designation of a distribution corridor
or upon receipt of an application for the location and
construction of a cross-borders natural gas pipeline,
arrange for the publication of a summary of the
application in two newspapers of general circulation in
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each county where the proposed distribution corridor or
cross-borders natural gas pipeline is proposed to be
located and constructed and notify all property owners
within, or adjacent to, the proposed distribution
corridor or cross-borders natural gas pipeline. The
council shall transmit a copy of the application for
designation of a distribution corridor or for the
location and construction of a cross-borders natural gas
pipeline to all political subdivisions, and state and
Federal agencies having an interest in the proposed
distribution corridor or cross-borders natural gas
pipeline.
(xix) Publish applications for designation of a
distribution corridor or location and construction of a
cross-borders natural gas pipeline on its Internet
website, and provide for public notification of the
availability of the application on the council's Internet
website through appropriate media outlets.
(xx) Notify appropriate agencies of party states,
and political subdivisions thereof, Federal agencies and
Indian tribes in whose jurisdiction the proposed
distribution corridor or cross-borders natural gas
pipeline will be located regarding the application to
designate a distribution corridor or locate and construct
a cross-borders natural gas pipeline. Such notice shall
solicit information from, and the council shall confer
with, all affected political subdivisions of party
states, Indian tribes and affected state and Federal
agencies regarding their land use plans, existing land
uses and other factors in which they have expertise or
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interest with respect to the proposed distribution
corridor or proposed cross-borders natural gas pipeline.
The council shall provide any affected political
subdivision, state or Federal agency, Indian tribe and
any property owner within or adjacent to the proposed
distribution corridor or cross-borders natural gas
pipeline and other interested parties ample opportunity
to participate in the council's review of a proposed
distribution corridor or cross-borders natural gas
pipeline.
(xxi) Permit agencies of party states and affected
political subdivisions thereof, Federal agencies, energy
authorities, Indian tribes and members of the public,
including any property owner within or adjacent to the
proposed distribution corridor or proposed natural gas
pipeline, to provide comment on the need and suitability
of the proposed distribution corridor or proposed cross-
borders natural gas pipeline with respect to
environmental, public health and safety, land use,
economic impact or other factors on which they may have
expertise or desire to comment.
(xxii) Require applicants to submit a statement of
the safety considerations, including public health and
safety and necessary safety devices and procedures that
will be incorporated into the design, construction and
maintenance of the proposed natural gas pipeline to all
county and local government units where the proposed
natural gas pipeline will be located.
(xxiii) Adopt standards for the construction and
operation of cross-borders natural gas pipelines.
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(xxiv) Prescribe the form and content of
applications for the designation of distribution
corridors and the location and construction of natural
gas pipelines; conduct public hearings and take other
actions to secure adequate evaluation of applications;
and formally act to approve, disapprove or modify
applications, including specifying conditions under which
approval of a distribution corridor or cross-borders
natural gas pipeline will be permitted.
(xxv) Issue permits for the location and
construction of cross-borders natural gas pipelines.
(xxvi) Present state concerns and interests to party
states, other states, energy authorities, and the Federal
Government on any proposed distribution corridor or the
location and construction of any natural gas pipeline
which may affect the environment, health or safety of the
citizens of the Commonwealth of Pennsylvania and other
party states.
(xxvii) Establish, maintain and manage a data
collection system for obtaining and storing information
necessary to perform its functions under this compact.
(xxviii) Adopt rules and regulations, or take any
action, it deems reasonable and necessary to:
(A) ensure the free and open participation of
the public and interested parties; and
(B) protect the confidentiality of information
it may receive in performing its function under this
compact.
Section 4.2. Advisory Committees.
The council may establish such advisory, technical or
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regional committees as it may deem necessary to carry out its
duties under this compact. The membership of such advisory
committees shall include, but not be limited to, private
citizens; representatives of Indian tribes; expert and lay
personnel; representatives of industry, labor, commerce,
agriculture, civic organizations, environmental organizations,
health professions, voluntary health agencies and academia; and
officials of local, state and Federal government. The council
may cooperate with and use the assistance and services of any
such committees and the organizations they represent in
furthering any of its activities or carrying out its functions
and duties under this compact.
Section 4.3. Rules and regulations.
(1) The council shall, after public notice and public
hearing, promulgate, adopt and enforce such rules and
regulations as may be necessary and appropriate for the
implementation and enforcement of this compact. Such rules
and regulations shall, among other things, provide for the
following:
(i) Cooperation and consultation between the party
states and affected Federal agencies of the United States
Government.
(ii) Processes and procedures for developing a
comprehensive inventory of all existing and planned
natural gas pipelines in each party state, including all
natural gas pipelines under construction. Notwithstanding
any other provision of law or regulation, all providers
of natural gas distribution services, all power or energy
authorities or successors to such providers in each party
state shall cooperate with the council in developing the
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inventory of existing and natural gas pipelines.
(iii) Processes and procedures to receive assistance
and data from any agency of a party state or political
subdivisions thereof.
(iv) Adoption of an annual budget.
(v) Standards for the review and approval of
applications to locate and construct natural gas
pipelines. Such standards shall address, but need not be
limited to, the following:
(A) The financial ability and qualifications of
the applicant.
(B) The organizational, managerial and technical
expertise of the applicant to construct and operate
the proposed cross-borders natural gas pipeline.
(C) The need for the proposed distribution
corridor or proposed cross-borders natural gas
pipeline.
(D) Protection of public health and safety,
including necessary safety devices and procedures.
(E) Areas designated for protection or
conservation by a party state, an agency of the
Federal Government, county, or local government unit,
including, but not limited to, agricultural land,
monuments, historic sites, wilderness areas, scenic
rivers and waterways, wildlife refuges and similar
areas.
(F) Impact of the proposed cross-borders natural
gas pipeline on the environment.
(G) Effect of the proposed cross-borders natural
gas pipeline, taking into account mitigation on fish
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and wildlife, including threatened and endangered
fish, wildlife or plant species.
(H) Soil protection.
(I) Impact of the proposed cross-borders natural
gas pipeline on historic, cultural or archaeological
resources listed on or determined pursuant to
historic preservation or land conservation laws of
the party states, the Federal Government, County, or
local government unit to be eligible for listing on
the National Register of Historic Places or any
similar laws of the party states concerned with the
protection, preservation and conservation of historic
places in such party states.
(J) Potential impact of the proposed cross-
borders natural gas pipeline on recreation, scenic
and aesthetic values.
(K) Rights-of-way obtained or to be obtained and
efforts made to minimize the size of any rights-of-
way with the intent of restricting rights-of-ways to
a minimum necessary size.
(L) Impact on developed areas within two miles
of the proposed natural gas pipeline, the efforts
made to avoid such areas, and of the efforts that
have been or will be made to minimize the impact of
the proposed natural gas pipeline on such areas with
the intent of avoiding siting natural gas pipelines
in or directly adjacent to populated areas.
(M) Any other conditions, requirements or
standards the council may prescribe by rule or
regulation.
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(vi) The form and content of applications for
designation of a distribution corridor or construction of
a cross-borders natural gas pipeline.
(vii) Confidentiality of data and information
received by the council and maintained in its data
collection system, including security measures to ensure
that data or information it has designated as
confidential or received with a confidential designation
from a governmental agency, energy authority or other
person is protected against disclosure. The council may,
by regulation, designate certain categories of data and
information as confidential. Any confidential information
pertinent to the functions of the council under this
compact that is obtained by another state agency or
person shall be available to the council and shall be
treated as confidential. Confidential information shall
be aggregated or masked to the extent necessary to assure
confidentiality if public disclosure of the specific
information would result in unfair competitive
disadvantage to the person supplying the information.
(viii) Procedures to govern cost-sharing between the
party states.
Section 4.4. Duties of party states.
It shall be the duty of the Public Utility Commission or
similar situated agency of each party state to establish a
natural gas pipeline siting council and take such measures as
shall be necessary and appropriate to promulgate and adopt the
regional process for the location and construction of natural
gas pipelines established by this compact. Each party state's
natural gas pipeline siting council is hereby designated as the
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state authority for the purpose of siting natural gas pipelines
under the Natural Gas Act of 1938, and shall work with the
council to carry out the intent and purpose of this compact.
Each such council's authority regarding natural gas pipelines
shall be limited to those natural gas pipelines that are subject
to the Natural Gas Act of 1938 and this compact.
Article V
Public Hearing, Meetings, and Records of Council
Section 5.1. Informational meetings.
(1) The council may conduct informational meetings in
the counties where the distribution corridor is proposed to
be designated or where a natural gas pipeline is proposed to
be located and constructed. Such informational meetings shall
be convened as soon as practicable but not later than 60 days
after a vote of the council to designate a distribution
corridor and not later than 60 days after receipt of an
application for the designation of a distribution corridor or
the location and construction of a cross-borders natural gas
pipeline. The purpose of the informational hearings shall be
to:
(i) Provide information about the proposed
distribution corridor or natural gas pipeline to ensure
that the public and interested parties have a clear
understanding of the proposal.
(ii) Receive initial comments about the proposed
distribution corridor or natural gas pipeline.
(iii) Explain the relationship of the proposed
distribution corridor or natural gas pipeline to any
strategic plan regarding natural gas for the Mid-Atlantic
area.
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(iv) Solicit suggestions and information on
reasonable alternatives to the proposed transmission
corridor or natural gas pipeline.
(2) Informational meetings shall be convened in each
party state, and the place or places of such meetings shall
be as close as possible to the proposed route of the
distribution corridor or natural gas pipeline.
Section 5.2. Public hearings.
(1) Subsequent to the informational meetings, the
council shall convene public hearings to determine whether
the proposed location of the distribution corridor or natural
gas pipeline is consistent and in compliance with land use
plans and zoning ordinances of affected political
subdivisions and regional planning authorities. If it is
determined that the proposed location conforms with existing
land use plans or zoning ordinances in effect as of the date
of the application, the affected political subdivision or
regional planning authority shall not thereafter change or
modify such land use plans or zoning ordinances so as to
affect the proposed location.
(2) Additional public hearings shall be held as deemed
necessary and appropriate by the council in the exercise of
its functions under this compact, and to ensure participation
by landowners and other individuals who may be impacted by
the location and construction of a natural gas pipeline.
Section 5.3. Public participation.
(1) All meetings and public hearings convened by the
council shall be open to the public, except with respect to
meetings concerned with personnel issues, with at least 30
days' advance notice. The chairman may convene an emergency
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meeting with less advance notice.
(2) The council shall ensure public accessibility to all
documents, exhibits or other materials related to the
designation of a distribution corridor or the location and
construction of a natural gas pipeline.
(3) All meetings of the council shall be conducted in a
manner that substantially conforms to the Administrative
Procedure Act (5 U.S.C. Ch.5, Subch.II, and Ch.7).
(4) The council may, by two-thirds vote of the members
present, hold an executive session closed to the public for
the purpose of discussing legally privileged or proprietary
information; to consider dismissal, disciplining of or
hearing complaints or charges brought against an employee or
other public official unless such person requests a public
hearing; or to consult with its attorney regarding
information or strategy in connection with specific
litigation. The reason requiring an executive session shall
be announced at least 14 days prior to the executive session,
except that the chairman may convene an emergency executive
session with less advance notice, provided that the reason
for the emergency executive session is announced at the
public meeting immediately subsequent to the executive
session. All actions of the council taken in violation of the
requirements of this section shall be null and void.
Section 5.4. Tribal participation.
(1) In addition to all other opportunities to comment
and participate in proceedings of the council under this
compact, the council shall consult with and ensure
participation by federally recognized Indian tribes in its
proceedings.
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(2) All federally recognized Indian tribes within a
party state shall receive reasonable notice informing the
tribe that they may participate in the proceeding before the
council. The notice and subsequent notices shall inform the
tribe of any informational or public hearing to be convened
by the council and of the tribe's right to submit written
comments or otherwise participate in such meetings and
hearings. The council shall consider the comments submitted
by an Indian tribe before approving, approving with
modification or disapproving any proposal subject to review,
approval or disapproval by the council.
(3) The council shall consult with federally recognized
Indian tribes for the establishment of a mutually agreed upon
mechanism or process for the purpose of facilitating dialogue
with and participation by such tribes in its proceedings. The
council may include tribal participation on advisory
committees authorized under this compact or such other
mutually agreed to processes.
Section 5.5. Minutes.
Detailed written minutes shall be kept of all meetings and
hearings of the council. All decisions, files, records and data
of the council, except for information privileged against
introduction in judicial proceedings, including proprietary
information, personnel records and minutes of a properly
convened executive session, shall be open to public inspection
subject to a procedure that substantially conforms to the
Freedom of Information Act (Public Law 89-554, 5 U.S.C. § 552)
and applicable Pennsylvania law or laws of other party states,
and may be copied upon request and payment of a fee as
established by regulation of the council and which shall be no
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higher than necessary to recover copying costs.
Article VI
Finances
Section 6.1. Annual budget.
(1) The council shall annually adopt and submit a budget
of its estimated expenditures for administration and
operation to the principal budget officer of each party state
at such time and in such manner as may be required by the
laws of the party states for presentation to the legislatures
thereof. Each such budget shall contain specific
recommendations of the amount or amounts to be appropriated
by each party state. The council shall not pledge the credit
of any party state. The council may meet any of its
obligations in whole or in part with funds available to it
under Article III of this compact, provided that the council
take specific action to set aside such funds prior to the
incurring of any obligations to be met in whole or in part by
the use of such funds. Except where the council makes use of
funds available to it under Article III hereof, the council
shall not incur any obligations prior to the allocation of
funds by the party states sufficient to meet such
obligations.
(2) In calculating its annual budget, the council shall
balance total expenses against the council's estimate of
revenues from all sources, either previously appropriated by
a party state or receivable from any person, political
subdivision or governmental agency.
(3) The chairman of the council shall certify to the
respective party states and may, if applicable, submit to
persons in other governmental agencies statements of the
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amounts requested from them in accordance with any existing
cost-sharing agreement established by the party states
pursuant to this compact.
Section 6.2. Apportionment of cost.
The amount required for the council's current budget shall be
apportioned equally among the party states unless a different
apportionment is agreed to by unanimous vote of the council.
Section 6.3. Accounts of council.
(1) The council shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the council shall be subject to the audit and accounting
procedures established by the council under its bylaws,
except that all receipts and disbursements of funds handled
by the council shall be audited annually by a qualified
public accountant and the report of the audit shall be
included in and become a part of the annual report of the
council.
(2) The accounts of the council shall be open at any
reasonable time for inspection by such agency, representative
or representatives of the party states as may be duly
constituted for that purpose and by others who may be
authorized by the council.
Article VII
Enforcement
Section 7.1. Power to enforce.
(1) The council shall have the power to implement and
enforce the provisions of this compact.
(2) Any person aggrieved by an action or decision of the
council shall:
(i) Be entitled to an administrative hearing before
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the council.
(ii) Have the right to judicial review of a council
decision or action in the United States District Court
for the District of Columbia or in such district court
that has jurisdiction in the state or states where the
council maintain offices, provided that a petition for
judicial review is filed within 90 days after all
administrative remedies have been exhausted.
Section 7.2. Actions to compel compliance.
The council may by majority vote initiate actions to compel
compliance with this compact and the rules and regulations
adopted and promulgated pursuant to this compact. The United
States District Court for the District of Columbia or the United
States District Court that has jurisdiction in the state or
states where the council maintains offices shall have
jurisdiction over any actions filed by the council.
Section 7.3. Liability.
Liabilities of the council shall not be deemed liabilities of
the party states. Members of the council shall not be personally
liable for actions taken in their official capacity.
Article VIII
Eligibility, Entry into Effect, Amendments
and Withdrawal
Section 8.1. Eligibility.
Any or all of the states of Delaware, Maryland, New Jersey,
New York, Ohio, Pennsylvania, Virginia, West Virginia and the
District of Columbia shall be eligible to become a party state,
and any state contiguous to a party state if affirmed by
unanimous vote of the council shall be eligible to become a
party to this compact.
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Section 8.2. Entry into effect.
This compact shall become operative and effective between the
Commonwealth of Pennsylvania and such other party states when
the following occur:
(i) The Governor executes the Mid-Atlantic Area
Natural Gas Compact on behalf of the Commonwealth of
Pennsylvania and files a verified copy of this compact
with the Secretary of the Commonwealth.
(ii) The compact is ratified through the enactment
of concurring legislation by two or more of the party
states.
(iii) The Congress of the United States confers its
consent or approval to this compact.
Section 8.3. Filing.
This compact shall be signed and sealed in as many original
copies as necessary by the respective Governors of the party
states. One such copy shall be filed with the Secretary of State
of each party state in accordance with the laws or regulations
of each such state in which the filing is effectuated, and one
copy shall be filed and retained in the archives of the council
upon its organization. The signatures shall be affixed and
attested in a form similar to the following:
In witness whereof, and in evidence of the adoption and
enactment into law of this compact by the legislatures of the
party states and consent by the Congress of the United States,
the respective Governors do hereby, in accordance with the
authority conferred by law, sign this compact in six duplicate
original copies, attested by the respective Secretaries of State
of each party state, and have caused the seals of the respective
party states to be hereunto affixed this day of (month), (year).
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Section 8.4. Amendments to compact.
This compact shall not be amended or modified except with the
concurrence of the General Assembly of the Commonwealth of
Pennsylvania and the legislatures of the party states.
Amendments shall not become effective until adopted in the same
manner as the original compact.
Section 8.5. Withdrawal.
Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall become
effective until one year after the Governor of the withdrawing
party state forwards formal notice in writing to the Governor of
each other party state informing said Governors of the action of
the legislature in repealing the compact and declaring the
intention to withdraw, provided, however, that the withdrawal of
a party state shall not affect any liability already incurred by
or chargeable to a party state prior to the time of such
withdrawal.
Article XI
Severability and Construction
Section 9.1. Construction.
(1) Nothing in this compact shall be construed to:
(i) Limit, repeal or supersede any law, rule or
regulation of any party state.
(ii) Displace existing laws or regulations of the
party states that govern the location and construction of
intrastate natural gas pipelines proposed to be located
and constructed within the geographic borders of any such
states.
(iii) Permit or require any person or other entity
to avoid or refuse to comply with any law, rule,
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regulation, order or ordinance of a party state, or
political subdivision thereof, now or hereafter made,
enacted or in force.
(iv) Limit, diminish or otherwise impair
jurisdiction exercised by the DOE or any successor
agency, or any other Federal department, agency or
officer pursuant to and in conformity with any valid and
operative act of Congress.
(v) Alter the relations between and respective
internal responsibilities of the government of a party
state and its political subdivisions.
(vi) Abrogate or derogate the rights held by any
federally recognized Indian tribe.
(2) This compact shall be construed liberally in order
to achieve the purposes and intent enunciated herein. It is
the intent of this compact to establish a basic structure by
which the council may achieve such purposes through the
development and adoption of uniform policies, rules and
regulations and strategic plans to facilitate the designation
of distribution corridors and the location and construction
of cross-border natural gas pipelines.
Section 9.2. Severability.
The provisions of this compact are severable. If any
provision of this compact or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this compact which can be
given effect without the invalid provision or applications.
Section 3. Policy of Commonwealth and legal effect.
The policy of the Commonwealth and the effect on laws and
regulations generally are as follows:
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(1) It is hereby declared to be the policy of the
Commonwealth to perform and carry out the compact and to
accomplish the purposes thereof. All officers and agencies of
this Commonwealth are authorized and directed to do all
things falling within their respective jurisdictions
necessary or incidental to the carrying out of the compact in
every particular. All officers, employees, departments,
bureaus, boards, commissions, authorities and other such
agencies of the Commonwealth are authorized and directed at
reasonable times and upon request of the council to furnish
the council with information and data possessed by them or
any of them and to aid the council by loan of personnel or
other means lying within their legal powers respectively.
(2) If any provision of the compact conflicts with any
other provision, limitation or restriction which is now in
effect under any other law of this Commonwealth or any rule,
regulation, order or policy promulgated thereunder, this act
shall govern and control any such other law or rule,
regulation, order or policy promulgated thereunder shall be
deemed superseded for the purposes of this act.
Section 4. Submission of council budgets.
The budget of the estimated expenditures of the council shall
be submitted to the Governor for such period and in such form as
shall be requested by the Governor.
Section 5. Appropriation.
The sum of $2,000,000, or as much thereof as may be
necessary, is hereby appropriated to the council as the
Commonwealth of Pennsylvania's pro rata share of the expenses of
the council for the fiscal year beginning July 1, 2009, to June
30, 2010, provided, however, that no such appropriation shall be
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allocated until the compact becomes operative and effective in
accordance with section 8.2(1) of the compact.
Section 6. Expiration.
(a) Publication of failure to consent.--If the Congress of
the United States fails to confer its consent to and approval of
the compact by June 30, 2010, the Secretary of the Commonwealth
shall publish a notice in the Pennsylvania Bulletin within 30
days of June 30, 2010, declaring such failure of the Congress to
consent to the compact.
(b) Effect of publication.--This act shall expire
immediately upon publication of the notice under subsection (a).
(c) Effect of repeal.--If the President of the United States
signs a subsequent act of the Congress of the United States
providing for the repeal of the Natural Gas Act of 1938, this
act shall expire immediately upon the effective date of the
repeal.
(d) Dissolution.--In the event that this act is terminated
by the operation of subsection (b) or (c), the council shall be
dissolved, its assets and liabilities transferred and its
affairs suspended in accordance with the unanimous agreement of
the party states or, failing unanimous agreement, in such manner
that the assets and liabilities of the council shall be shared
by the respective party states.
Section 7. Administrative duties.
(a) Governor.--The Governor is hereby authorized and
directed to take such action as may be necessary to complete the
exchange of official documents between the Commonwealth of
Pennsylvania and any other state ratifying the compact.
(b) Secretary of the Commonwealth.--The Secretary of the
Commonwealth shall publish a notice in the Pennsylvania Bulletin
20090SB1045PN1337 - 35 -
when the conditions set forth in subsection (a) of this section
are satisfied. The notice shall include the date on which the
Mid-Atlantic Area Natural Gas Compact became effective and
operative between this Commonwealth and any other state in
accordance with this act.
Section 8. Effective date.
This act shall take effect immediately.
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