2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 130 - PUBLIC UTILITY CODE (66 PA.C.S.) - EMERGENCY RESPONSE PLANS

Session of 2020

No. 2020-130

HB 2293

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in services and facilities, providing for emergency response plans.

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:

§ 1512.  Emergency response plans.

(a)  Plans.--A public utility that engages in the delivery of natural gas liquids through a high consequence area in this Commonwealth as defined in 49 CFR 192.903 (relating to what definitions apply to this subpart?) shall make available upon written request the public utility's emergency response plans to all of the following:

(1)  The secretary of the commission.

(2)  The Pennsylvania Emergency Management Agency.

(3)  The emergency management director of each county in this Commonwealth where the high consequence area is located.

(b)  Confidential information.--

(1)  If the emergency response plan under subsection (a) contains confidential security information as defined in section 2 of the act of November 29, 2006 (P.L.1435, No.156), known as the Public Utility Confidential Security Information Disclosure Protection Act, and the public utility has marked the information in the plan as confidential security information, each reviewer of the plan under subsection (a) shall have the following duties:

(i)  Comply with all requirements of the Public Utility Confidential Security Information Disclosure Protection Act to protect the information from dissemination to the public.

(ii)  Enter into a notarized agreement with the public utility for the purpose of maintaining the confidentiality requirements under this paragraph.

(2)  A public utility shall provide a copy of a proposed agreement under paragraph (1)(ii) to the commission before making available an emergency response plan under subsection (a) that contains confidential security information as specified under paragraph (1).

(c)  Penalties.--A public utility that fails to comply with subsection (a) may be subject to an enforcement action by the commission.

Section 2.  This act shall take effect in 60 days.

APPROVED--The 25th day of November, A.D. 2020.

TOM WOLF