A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 7, TITLE 58 SO AS TO ESTABLISH PROVISIONS RELATING TO PETROLEUM PIPELINES, TO PROVIDE FOR APPLICATIONS, PERMITTING, AND HEARINGS, TO SET REQUIREMENTS FOR RENDERING FINAL ORDERS, TO PROVIDE FOR REHEARINGS, TO PROMULGATE REGULATIONS, TO ALLOW THE OFFICE OF REGULATORY STAFF TO REQUIRE RECORDS PRODUCTION, TO PROVIDE FOR DISCOVERY, TO EMPLOY EXPERT WITNESSES, TO PROVIDE THAT A PETROLEUM PIPELINE COMPANY MAY REQUEST REASONABLE ACCESS TO PROPERTY ON A PROPOSED SITE FOR SURVEY PURPOSES, TO PROVIDE REPORTING REQUIREMENTS FOR A SPILL OR AN ACCIDENTAL RELEASE, TO PROVIDE FOR EMINENT DOMAIN AND HEARINGS BEFORE THE ADMINISTRATIVE LAW COURT, AND TO DEFINE NECESSARY TERMS; AND TO DESIGNATE SECTIONS 58-7-10 THROUGH 58-7-70 AS ARTICLE 1, ENTITLED "SPECIAL PROVISIONS AFFECTING GAS, WATER, OR PETROLEUM PIPELINE COMPANIES."
Impact
The enactment of HB 3303 has the potential to significantly impact state laws relating to petroleum pipeline governance. By requiring permits for any pipeline construction and setting the groundwork for assessments of public need, the bill enhances state oversight regarding infrastructural developments. The regulatory framework aims to strike a balance between facilitating necessary energy infrastructure and protecting state resources and community interests. This could foster a more structured approval process, which some stakeholders believe is essential for managing environmental concerns effectively.
Summary
House Bill 3303 seeks to amend the South Carolina Code of Laws by introducing new regulations concerning petroleum pipelines. It establishes Article 3 in Chapter 7 of Title 58, which outlines comprehensive provisions for applications, permitting, and hearings for constructing new pipelines or expanding existing ones. The bill mandates that any petroleum pipeline construction or modifications require a permit issued by the Office of Regulatory Staff (ORS), ensuring a systematic approach for the environmental and public safety associated with such projects.
Contention
Notable points of contention surrounding HB 3303 include its provisions related to eminent domain, as it permits pipeline companies to acquire land for pipeline construction if necessary. Critics express concern that these provisions may infringe on private property rights, especially when dealing with public lands or lands under conservation easements. Moreover, opponents argue that while the bill endeavors to ensure environmental protections through public hearings and comprehensive applications, it may still favor petroleum companies due to the expansive authority it grants them to bypass traditional property acquisition processes.