Amends TCA Title 13 and Title 65, Chapter 31.

This bill establishes a process for notifying developers regarding the location of natural gas pipelines and easements for such pipelines for purposes of breaking ground on residential and nonresidential developments, and provides pipeline operators with notice of such developments. Under this bill, which will apply to counties and municipalities that are governed by a regional planning commission for purposes of approving residential and nonresidential developments, for a new residential or nonresidential development that is located in whole or in part within 1,000 feet of the center point of a natural gas transmission pipeline that was constructed or operated prior to the development, the regional planning commission must notify the operator of the natural gas transmission pipeline of the planned development no later than the time of application for approval of the development, or 180 days prior to commencement of construction, whichever is earlier. This bill also requires the developer of the development to provide on a plat filed with the regional planning commission notice stating that all reasonable means were used to obtain information about natural gas transmission pipeline facilities in the area of the proposed development, that pipeline operators were contacted to verify the location of the pipeline and the pipeline easement, and that the developer has reviewed, or attempted to review, preliminary information about the proposed development with the pipeline operator. This bill requires regional planning commissions to gather raw National Pipeline Mapping System (NPMS) geospatial data about the locations of pipelines from the Pipeline and Hazardous Materials Safety Administration within the United States Department of Transportation and make this data available to developers. This requirement must be met within 60 days of this bill's effective date. Upon receiving notice of a planned development in accordance with this bill, a pipeline operator must locate and mark the natural gas pipeline facilities and provide pipeline facility information to the developer by other means such as marking up design drawings and providing maps. A building permit will not be issued, and a building may not be erected on a lot within the jurisdiction of a regional planning commission unless one of the following three criteria is met: (1) The developer has received written consent from the natural gas pipeline operator and has filed this consent with such regional planning commission; (2) The developer has not received written consent from the natural gas pipeline operator, but has filed with such regional planning commission written correspondence from the pipeline operator demonstrating that discussions and outreach have occurred; or (3) The developer has filed dated and written correspondence with such regional planning commission that demonstrates attempts to contact the natural gas pipeline operator and that no response has been received within 180 days of the filing. This bill states that it does not exempt developers or natural gas pipeline operators from the requirements of the Underground Utility Damage Protection Act. ON APRIL 14, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 271, AS AMENDED. AMENDMENT #1 rewrites this bill to establish a process for notifying developers regarding the location of natural gas pipelines and easements for such pipelines for purposes of breaking ground on residential and nonresidential developments, and provides pipeline operators with notice of such developments. Under this amendment, which will apply to counties and municipalities that are governed by a regional planning commission for purposes of approving residential and nonresidential developments, for a new residential or nonresidential development that is located in whole or in part within 660 feet of the center point of a natural gas transmission pipeline that was constructed or operated prior to the development, the developer must notify the operator of the natural gas transmission pipeline of the planned development no later than 10 days from the date of application for approval of the development, or 90 days prior to commencement of construction, whichever is earlier. This amendment also requires the developer to provide on a final plat filed with the regional planning commission a note on the plat stating that the developer: (1) Used reasonable means to notify the operator of the pipeline to verify the location of the pipeline and the pipeline easement; and (2) Reviewed, or attempted to review, preliminary information about the proposed development with the pipeline operator. This amendment requires regional planning commissions to gather raw National Pipeline Mapping System (NPMS) geospatial data about the locations of pipelines from the Pipeline and Hazardous Materials Safety Administration within the U.S. department of transportation. This requirement must be met within 60 days of this bill's effective date. This amendment extends immunity to a regional planning commission for liability related to the approval or construction of a development when the approval is based upon raw NPMS geospatial data about the locations of pipelines that is obtained from the Pipeline and Hazardous Materials Safety Administration. Upon receiving notice of the filing of a preliminary development plan in accordance with this amendment, a pipeline operator must provide pipeline location information to the developer within 45 days. This amendment requires pipeline operators to file the name of their registered agent with the regional planning commission having jurisdiction by August 15, 2021. This amendment states that it does not exempt developers or natural gas pipeline operators from the requirements of the Underground Utility Damage Protection Act. This amendment prohibits a regional planning commission from giving final approval to a new residential or nonresidential development that is located in whole or in part within 660 feet of the center point of a natural gas transmission pipeline that was constructed or operated prior to the development until the requirements of this amendment are satisfied. This amendment authorizes a regional planning commission to rely solely upon the developer's note on the final plat, the raw NPMS geospatial data, and the filing of a registered agent's name when determining whether the requirements of this amendment have been satisfied for purposes of granting final approval of such development. A regional planning commission is immune from liability related to the approval or construction of such a development when the approval is based upon information described in this paragraph.