fbpx

Nebraska Lawmakers Introduce Five Pipeline Bills

By Beacon Staff

LINCOLN, Neb. – Nebraska officials would have the power to divert major oil pipelines, ban developers from laying them in ecologically sensitive areas and require a $500 million bond for spill cleanup under measures slated for hearings next week.

Lawmakers introduced the last of five pipeline bills Thursday during their special session aimed at the Keystone XL. The proposed line would carry Canadian crude oil through six states, including Nebraska, on its way to Gulf Coast refineries.

The lawmakers introduced two new measures Thursday. One proposal by state Sen. Ken Haar of Malcolm would create an “exclusion zone” where pipelines larger than 8 inches in diameter could not run unless the state Public Service Commission granted permission. It also would keep pipelines out of cold water areas where trout can breed and areas like the Nebraska Sandhills.

Haar said the bill is intended to protect the Nebraska Sandhills, a natural area of rolling terrain, and the aquifer beneath.

A second bill by state Sen. Bill Avery of Lincoln would require companies such as TransCanada, the Keystone XL developer, to post a $500 million bond that would be made available to landowners and counties to restore any damages to land, infrastructure or natural resources.

Gov. Dave Heineman called the special session to enact new legislation for oil pipelines amid concerns over the project’s route through the Sandhills and the Ogallala aquifer, a vast underground water source. But the outcome of the special session remains unclear because of legal questions about the state’s power, and uncertain support in the one-house Legislature.

TransCanada has threatened to file court challenges if Nebraska tries to intervene, saying the decision is a federal issue. It says the project would create U.S. construction jobs, help lower gas prices and reduce dependence on Middle East oil. The company also says it would lose at least $1 million a day if opponents delay or derail the project.

Sen. Chris Langemeier of Schuyler submitted a measure this week that would let governors certify routes within 30 days of a panel recommendation to approve or deny a pipeline permit. The panel would have 60 days to send its recommendation to the governor once a company applies.

The panel would include governor-appointed members from the Department of Environmental Quality, the Department of Natural Resources, the Game & Parks Commission and the Public Service Commission, plus one county board member and one resident landowner from each congressional district. The lieutenant governor would serve as chairman, and panel members would hold at least one public hearing.

The measure would give Heineman the authority to act right away — before federal officials rule on a permit for the Keystone XL. On Tuesday, President Barack Obama told Omaha television station KETV that he would decide on the pipeline instead of delegating it to the U.S. State Department. The pipeline requires State Department approval because it crosses an international boundary.

Another measure put forth by Avery would require a permit before pipeline developers could take land through eminent domain. Some landowners opposed to the pipeline have said the company pressured them with legal threats to sign right-of-way agreements along the proposed route. TransCanada officials have denied the allegation and said they are legally required to notify landowners that they can use eminent domain.

On Tuesday, state Sen. Annette Dubas of Fullerton introduced a measure that would give oversight to the state’s Public Service Commission.

Heineman called lawmakers to Lincoln to enact oil pipeline regulations amid concerns about the Keystone XL through Nebraska, but he has not introduced a bill of his own.