How SB 1491 changes current law

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This bill adds a new section to Title 66 of the Pennsylvania Consolidated Statutes regarding the siting and construction of high-voltage transmission lines.

• Title 66

  § 1513. High-voltage transmission lines. (a) Consideration of corridors.-- (1) An entity responsible for siting a new electric transmission facility, including a high-voltage transmission line, shall consider corridors in the following order of priority: (i) Existing utility corridors. (ii) Highway corridors. (iii) New corridors. (2) When reviewing a siting application filed under 52 Pa. Code Ch. 57 Subch. G (relating to commission review of siting and construction of electric transmission lines) or a letter of notification in lieu of application filed with the commission under 52 Pa. Code Ch. 57 (relating to electric service), the commission shall consider whether the applicant meets its obligations under paragraph (1) to the greatest extent feasible and consistent with economic and engineering considerations, reliability of the electric system, protection of the environment and the rights of private property owners. (b) Permit.--An electric distribution company or developer may apply for a permit from the department to construct, place or maintain a high-voltage transmission line within a State-owned public right-of-way or along any State-owned highway, federally aided State highway, controlled access highway, interstate highway or roadway. (c) Approval.--The department shall approve a permit application under subsection (b) if the application meets the requirements of this section unless the department denies the application under subsection (d). (d) Denial.--The department may deny a permit application if the department determines that the denial is necessary to protect public safety or ensure the proper functioning of the highway. (e) Reasons for denial.--If the department denies an application, the department shall provide the reasons for the denial to the electric distribution company or developer and post the reasons on the department's publicly accessible Internet website. Within 90 days of the denial, the department shall submit the reasons for the denial to all of the following for review: (1) The Secretary of Transportation. (2) The commission. (3) The chairperson and minority chairperson of the Environmental Resources and Energy Committee of the Senate. (4) The chairperson and minority chairperson of the Energy Committee of the House of Representatives. (5) The chairperson and minority chairperson of the Transportation Committee of the Senate. (6) The chairperson and minority chairperson of the Transportation Committee of the House of Representatives. (f) Process.--If the department denies a permit application, the electric distribution company or developer may modify and resubmit the application for consideration by the department under this section. (g) Coordinated activities.--Upon written request, the department shall coordinate with an electric distribution company or developer to review requested highway corridors for possible locations at which high-voltage transmission lines may be permitted. (h) Information on future projects.--In connection with coordination under subsection (g), the department shall share with the requesting electric distribution company or developer all known plans for potential future projects that could affect the placement of a high-voltage transmission line. (i) Constructability.--If the department and an electric distribution company or developer identify a route for which a permit may be issued, the electric distribution company or developer shall prepare a constructability report in consultation with the department. The report shall include the terms and conditions for constructing the transmission project in the highway right-of-way. The department and the electric distribution company or developer shall approve the report before the department issues the permit. (j) Commission authority.--Nothing in this section shall be construed to limit or otherwise affect the authority of the commission under this title. (k) Agricultural security areas and agricultural conservation easements.--When siting high-voltage transmission lines, the department, commission, public utilities and developers shall avoid agricultural security areas and agricultural conservation easements as defined under section 3 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law. (l) 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: "Department." The Department of Transportation of the Commonwealth. "Developer." A person that develops a high-voltage transmission line project. "Electric distribution company." As defined in section 2803 (relating to definitions).

  This establishes new regulations for the siting and construction of high-voltage transmission lines, prioritizing existing utility and highway corridors, and outlines the permitting process.