KRS 100.289: Notification of pipeline operator about planned development -- Location

information provided to developer -- Planning commission to gather geospatial

data -- Contact information to be filed with planning commission -- Final

approval -- Interpretation of statute.

(1) As used in this section:

(a) "Interstate hazardous liquid pipeline facility" has the same meaning as in 49

U.S.C. 60101(a)(7);

(b) "Natural gas transmission pipeline" means an interstate pipeline, as that term

is defined in 15 U.S.C. sec. 3301;

(c) "Operator" means a person who engages in the transportation of gas, as that

term is defined in 49 C.F.R. sec. 192.3; and

(d) "Person" means any individual, firm, joint venture, partnership, corporation,

association, state, city, county, c ooperative association, or joint stock

association, and including any trustee, receiver, assignee, or personal

representative thereof, as that term is defined in 49 C.F.R. sec. 192.3.

(2) This section shall only apply to:

(a) Cities and counties that have adopted the provisions of this chapter for

purposes of approving residential and nonresidential developments; and

(b) Preliminary development plans filed on or after July 14, 2022.

(3) For a new residential or nonresidential development that is located in whole or in

part within six hundred sixty (660) feet of the center point of a natural gas

transmission pipeline or interstate hazardous liquid pipeline facility that was

constructed or operated prior to the development, the developer shall notify the

operator of the natural gas transmission pipeline or interstate hazardous liquid

pipeline facility of the planned development no later than ten (10) days from the

date of application for approval of the development, or ninety (90) days prior to

commencement of construction, whichever is earlier.

(4) Upon receiving notice of the filing of a preliminary development plan in accordance

with this section, a pipeline operator shall provide pipeline location information to

the developer within forty -five (45) days, inc luding but not limited to documents

reflecting the actual location of the pipeline, marking facilities on design drawings,

and providing maps.

(5) The developer of the development shall state on the final plat filed with the

planning commission the following:

"The developer has utilized reasonable means to notify the operator of the pipeline

to verify the location of the pipeline and the pipeline easement. The developer has

reviewed, or attempted to review, preliminary information about the proposed

development with the pipeline operator."

(6) Within sixty (60) days of July 14, 2022, planning commissions shall gather and

confirm raw National Pipeline Mapping System geospatial data about the locations

of pipelines from the Pipeline and Hazardous Materials Sa fety Administration

within the United States Department of Transportation. A planning commission

shall not be subject to liability related to the approval or construction of such a

development when the approval is based upon information as provided in this

subsection.

(7) No later than August 15, 2022, a pipeline operator shall file the contact information

for its point of contact with the planning commission or planning commissions

having jurisdiction. A pipeline operator shall file updated information wit h the

planning commission or planning commissions having jurisdiction in the event that

the contact information for its point of contact changes.

(8) A planning commission shall not give final approval to a development described

under subsection (3) of this section until the requirements of this section have been

satisfied. A planning commission may rely solely upon the note submitted under

subsection (5) of this section, the geospatial data gathered under subsection (6) of

this section, and the recordation required under subsection (7) of this section when

determining whether the requirements of this section have been satisfied for

purposes of granting final approval of such a development. A planning commission

shall not be subject to liability related to the approval or construction of such a

development when the approval is based upon information as provided in this

subsection.

(9) This section shall n ot exempt developers or operators from the requirements of the

Underground Facility Damage Prevention Act of 1994, KRS 367.4901 to 367.4917.

(10) Nothing contained in this section shall be interpreted or construed to alter or amend

the full application of KRS 65.2001 to 65.2006 to local governments as defined in

KRS 65.200.