This bill creates the commission on petroleum pipelines to study and review the manner in which petroleum companies exercise eminent domain for purposes of siting, constructing, and operating new petroleum pipelines.
The commission will be composed of three members appointed by the speaker of the house of representatives, three members appointed by the speaker of the senate, the commissioner of environment and conservation or the commissioner’s designee, the commissioner of economic and community development or the commissioner’s designee, and five members appointed by the governor, including one member who must represent the petroleum industry and four members who must represent a cross section of the interest of local government, business, agriculture, and conservation. The speakers will each select a co-chair. Commission members will not receive compensation or reimbursement for expenses.
This bill requires the commission to complete, before December 31, 2022, several duties such as: examining ways to protect the land from the impacts associated with pipeline sitting, construction, and operations; examining the manner in which pipelines acquire private property; and considering the rights and concerns of property owners.
This bill suspends the authority of a pipeline company to exercise eminent domain, effective from this bill's effective date until July 1, 2023. This bill prohibits the following activities during that time period:
(1) A pipeline company from exercising eminent domain or condemning a property for the purpose of siting, constructing, or operating a pipeline;
(2) The Tennessee public utilities commission from accepting an application for or issuing a certificate of public convenience and necessity to a pipeline company;
(3) The department of environment and conservation from accepting an application or issuing a permit for the construction of new pipeline; and
(4) A state officer, official, or employee or a state agency, department, commission, or committee from issuing an approval, permit, or document necessary for the construction of new pipeline.
This bill specifies that the temporary suspension of the power of eminent domain and temporary suspension of the issuance of approvals, permits, or documents, all as described above, do not apply to acquisitions, approvals, permits, or documents for the purposes of:
(1) Maintaining an existing pipeline facility in place;
(2) Replacing lines within 200 feet of an existing pipeline facility; or
(3) Relocating temporary work space for repairs of an existing pipeline facility constructed and in use prior to the effective date of this bill.
This bill further specifies that the suspensions do not affect or impair the power of eminent domain that may be exercised by utilities, companies, or persons under existing law who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting, or power purposes in this state.