CHAPTER 22.6. PIPELINE CONSTRUCTION GUIDELINES
IC 8-1-22.6
Chapter 22.6. Pipeline Construction Guidelines
IC 8-1-22.6-1
Application
Sec. 1. (a) This chapter applies to the construction of any segmentof an interstate pipeline on privately owned land in Indiana.
(b) Except as otherwise provided in the guidelines adopted by thedivision, this chapter does not apply to construction activities thatoccur entirely on:
(1) a public right-of-way;
(2) a railroad right-of-way; or
(3) publicly owned land.
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-2
"Affected landowner"
Sec. 2. As used in this chapter, "affected landowner" means anowner of an interest in property that:
(1) is located in Indiana; and
(2) meets one (1) or more of the conditions set forth in 18 CFR157.6(d)(2).
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-3
"Construction"
Sec. 3. (a) As used in this chapter, "construction" means thephysical work involved in the construction, reconstruction,improvement, maintenance, or extension of a pipeline project.
(b) The term includes the following:
(1) The preparation of the construction site.
(2) Disassembling and removing a structure.
(3) Related work.
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-4
"Division"
Sec. 4. As used in this chapter, "division" refers to the pipelinesafety division of the Indiana utility regulatory commissionestablished by IC 8-1-22.5-2.
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-5
"Guidelines"
Sec. 5. As used in this chapter, "guidelines" refers to a nonrulepolicy document adopted by the division that establishes voluntaryguidelines to be considered by a pipeline company that proposes toconstruct a pipeline that will be located, in whole or in part, inIndiana.
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-6
"Pipeline"
Sec. 6. As used in this chapter, "pipeline" means a pipeline (asdefined in IC 8-1-22.5-1(c)) that crosses or is located in:
(1) Indiana; and
(2) one (1) or more other states.
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-7
"Pipeline company"
Sec. 7. (a) As used in this chapter, "pipeline company" means aperson (as defined in IC 8-1-22.5-1(e)) that:
(1) constructs; or
(2) proposes to construct;
a pipeline.
(b) The term includes any:
(1) employee;
(2) agent;
(3) contractor;
(4) subcontractor; or
(5) other person;
that is employed by, or acts on behalf of, a pipeline company.
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-8
Division to establish nonbinding guidelines; use in simplifyingeasement negotiations
Sec. 8. (a) The division shall establish voluntary guidelines to beconsidered by a pipeline company that proposes to construct apipeline that will be located, in whole or in part, in Indiana.
(b) Guidelines adopted by the division are not binding on anypipeline company or affected landowner but may be used by apipeline company or an affected landowner to simplify negotiationsinvolved in establishing a price for any:
(1) easement; or
(2) other interest in land;
needed by the pipeline company to construct a pipeline.
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-9
Actions indicating intent to construct pipeline; notice of guidelinesto pipeline company; time of mailing
Sec. 9. (a) For purposes of this section, a pipeline companyproposes to construct a pipeline in Indiana if it does any of thefollowing:
(1) Files an application for a certificate of public convenienceand necessity with the Federal Energy Regulatory Commission.
(2) Undertakes:
(A) environmental, engineering, or cultural surveys; or
(B) other studies or surveys; in Indiana in preparation for filing an application described insubdivision (1).
(3) Holds public meetings or hearings in Indiana concerning aproposed pipeline.
(4) Enters upon land in Indiana for the purpose of determiningthe route or location of a proposed pipeline.
(5) Contacts landowners in Indiana for the purpose ofnegotiating the price for:
(A) easements; or
(B) other interests in land;
necessary for the construction of a pipeline.
(6) Undertakes other actions in preparation for the constructionof a pipeline.
(b) The division shall send, by certified mail, the following toeach pipeline company that proposes to construct a pipeline inIndiana:
(1) A copy of the guidelines adopted by the division.
(2) A notice that includes the following:
(A) A statement that the division has adopted the pipelineconstruction guidelines included with the notice.
(B) A statement indicating:
(i) that the pipeline construction guidelines have beenmailed to all affected landowners on the list provided bythe pipeline company under section 10 of this chapter; and
(ii) that the division has encouraged the affectedlandowners to agree to the guidelines in any negotiationsfor easements or other land interests with the pipelinecompany.
(c) The division shall mail the guidelines and notice in accordancewith subsection (b):
(1) as soon as the division learns of the proposed pipeline as aresult of the pipeline company performing one (1) or moreactions described in subsection (a); or
(2) not later than three (3) business days after the FederalEnergy Regulatory Commission provides notice under 18 CFR157.9(a) of the pipeline company's application for a certificateof territorial authority;
whichever occurs earlier.
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-10
List of affected landowners; notice to affected landowners; time ofmailing
Sec. 10. (a) The pipeline company shall provide the division witha list of landowners that will be affected by the proposedconstruction of a pipeline or a segment of a pipeline in Indiana. Thelist must include all affected landowners that the pipeline companymust provide notice to under IC 32-24-1-3(g).
(b) The division shall send, by certified mail, the following toeach affected landowner: (1) A copy of, or reference to, the guidelines adopted by thedivision.
(2) A notice that includes the following:
(A) A statement that the division has adopted the pipelineconstruction guidelines included with, or referenced in, thenotice.
(B) A statement indicating that the pipeline constructionguidelines have been mailed to the pipeline company. Thestatement required by this clause must specify a date afterwhich the affected landowner may contact a toll freetelephone number established by the division to provideinformation on the status of any construction guidelinesagreed to by the pipeline company.
(C) A statement indicating that any guidelines agreed to bythe pipeline company shall not be binding on the pipelinecompany or affected landowners but may be used by thepipeline company and an individual landowner to simplifynegotiations involved in establishing a price for any:
(i) easement; or
(ii) other interest in land;
needed by the pipeline company to construct the pipeline.
(D) A statement encouraging the affected landowner to agreeto any construction guidelines that the pipeline companyagrees to follow, to the extent that the landowner determinesthat the guidelines are not contrary to the landowner's bestinterests.
(E) A statement including:
(i) contact information for the one (1) or more projectcoordinators designated by the division under section 12of this chapter;
(ii) contact information for the Federal Energy RegulatoryCommission, including a local or toll free telephonenumber; and
(iii) the commission's web site address.
(c) The division shall mail the information required undersubsection (b) not later than twenty (20) days after the division isnotified by the pipeline company of the proposed route and isprovided with a list of the affected landowners as required bysubsection (a).
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-11
Use of guidelines in negotiations with state agencies; statement ofagreement to use guidelines
Sec. 11. The division shall encourage pipeline companies to usethe guidelines as a starting point for any negotiations with thevarious state agencies identified in the guidelines. The division mayrequire a pipeline company proposing to construct a pipeline or asegment of a pipeline to sign a statement indicating whether or notthe pipeline company agrees to use the guidelines for the project.As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-12
Division to designate project coordinators; duties of coordinators
Sec. 12. For each proposed or ongoing pipeline project in Indiana,the director of the division shall designate one (1) or more employeesof the division to serve as project coordinators for the division. Thedirector shall ensure that one (1) or more of the coordinatorsdesignated under this section are responsible for the following dutiesconcerning the project:
(1) Monitoring all:
(A) filings with; and
(B) proceedings before;
the Federal Energy Regulatory Commission.
(2) Attending all public hearings or meetings concerning theproject that are held in Indiana.
(3) Receiving and responding to questions and complaints aboutthe project from Indiana residents.
(4) Updating the information required to be made available onthe commission's web site under section 13 of this chapter.
(5) Any other duties assigned by the director of the division.
As added by P.L.110-2007, SEC.1.
IC 8-1-22.6-13
Information on commission's web site; updating of information
Sec. 13. (a) The division shall make the following available on thecommission's web site:
(1) A link to the guidelines adopted by the division.
(2) For each proposed or ongoing pipeline construction projectin Indiana, the following information:
(A) A description of the pipeline company and the pipelineproject, including:
(i) the pipeline's location, purpose, and constructionschedule; and
(ii) the docket number assigned to the project by theFederal Energy Regulatory Commission.
(B) Contact information for the pipeline company, includinga local or toll free telephone number.
(C) Contact information for the Federal Energy RegulatoryCommission, including a local or toll free telephone number.
(D) Contact information for the one (1) or more projectcoordinators designated under section 12 of this chapter toreceive and respond to questions and complaints fromIndiana residents.
(E) Information on public hearings or meetings that arescheduled in connection with the pipeline project.
(F) Other information concerning the pipeline project thatthe division considers relevant or of likely concern toIndiana residents.
(b) The division shall update the information required under
subsection (a)(1) whenever:
(1) one (1) or more guidelines adopted by the division arerevised or superseded by the division; or
(2) one (1) or more new guidelines are adopted by the division.
(c) The division shall update the information required undersubsection (a)(2) on a regular basis throughout the course of apipeline project. The division shall ensure that all information on thedivision's web site concerning a pipeline project is accurate, current,and accessible. The director of the division shall assign theresponsibility of complying with this subsection to one (1) or moreproject coordinators designated under section 12 of this chapter.
As added by P.L.110-2007, SEC.1.