(a) A petroleum pipeline company shall not exercise the power of eminent domain granted in Code Section 22-3-81 for the purpose of constructing a new petroleum pipeline or for an extension unless and until a certificate of public convenience and necessity is issued by the commissioner of transportation as provided in Code Section 22-3-83 and a permit is issued by the director of the Environmental Protection Division of the Department of Natural Resources as provided in Chapter 17 of Title 12.
(b) No certificate of public convenience and necessity or permit as provided in Code Section 22-3-83 shall be required of a petroleum pipeline company that is:
(1) Not exercising the power of eminent domain to acquire property; or
(2) Exercising the power of eminent domain for the purpose of maintenance or expansion.