HOUSE BILL No. 6183


     June 13, 2002, Introduced by Reps. Schauer, Bernero and Dennis and referred to the Committee on Energy and Technology.


        A bill to amend 1929 PA 16, entitled

   "An act to regulate the business of carrying or transporting,
   buying, selling or dealing in crude oil or petroleum or its pro-
   ducts, through pipe lines; to authorize the use of public high-
   ways and the condemnation of private property; to regulate the
   purchase and storage of crude oil or petroleum; to provide for
   the control and regulation of all corporations, associations and
   persons engaged in such business, by the Michigan public utili-
   ties commission; to define the powers and duties of the commis-
   sion in relation thereto; and to prescribe penalties for viola-
   tions of the provisions hereof,"

   by amending section 2b (MCL 483.2b), as added by 1997 PA 125.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 2b.  (1) THE COMMISSION SHALL PRESCRIBE SAFETY STAN-

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        DARDS FOR PIPELINE FACILITIES.  IN PRESCRIBING SAFETY STANDARDS,

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        THE COMMISSION SHALL CONSIDER ALL OF THE FOLLOWING:

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             (A) RELEVANT AVAILABLE PIPELINE SAFETY DATA.

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             (B) WHETHER THE STANDARDS ARE APPROPRIATE FOR THE PARTICULAR

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        TYPE OF PIPELINE TRANSPORTATION.



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             (C) THE EXTENT TO WHICH THE STANDARDS WILL CONTRIBUTE TO

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        PUBLIC SAFETY.

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             (2) A pipeline company shall  make a good-faith effort to

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        minimize the physical impact and economic damage that result from

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        the construction, MAINTENANCE, and repair of a pipeline

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        FACILITY.

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             (3) A PIPELINE COMPANY SHALL NOT CONSTRUCT OR MAINTAIN A NEW

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        PIPELINE FACILITY WITHOUT FIRST OBTAINING COMMISSION APPROVAL.

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        IN REVIEWING A REQUEST UNDER THIS SUBSECTION, THE COMMISSION

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        SHALL HOLD A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT CONCERNING

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        THE NEW PIPELINE FACILITY.

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             (4) THE COMMISSION, AFTER NOTICE AND OPPORTUNITY FOR A HEAR-

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        ING, MAY WAIVE, IN WHOLE OR IN PART, ANY STANDARD ESTABLISHED

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        UNDER THIS SECTION, IF THE WAIVER IS NOT INCONSISTENT WITH PIPE-

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        LINE SAFETY.  AT THE TIME OF ISSUING THE WAIVER, THE COMMISSION

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        SHALL STATE THE REASONS FOR THE WAIVER.

























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