[House Report 114-617]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-617
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
PIPELINE SAFETY ACT OF 2016
_______
June 10, 2016.--Ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 5050]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 5050) to amend title 49, United States Code, to
provide enhanced safety in pipeline transportation, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 10
Background and Need for Legislation.............................. 10
Hearings......................................................... 11
Committee Consideration.......................................... 11
Committee Votes.................................................. 12
Committee Oversight Findings..................................... 12
Statement of General Performance Goals and Objectives............ 12
New Budget Authority, Entitlement Authority, and Tax Expenditures 12
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 12
Committee Cost Estimate.......................................... 12
Congressional Budget Office Estimate............................. 12
Federal Mandates Statement....................................... 17
Duplication of Federal Programs.................................. 17
Disclosure of Directed Rule Makings.............................. 18
Advisory Committee Statement..................................... 18
Applicability to Legislative Branch.............................. 18
Section-by-Section Analysis of the Legislation................... 18
Changes in Existing Law Made by the Bill, as Reported............ 21
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety Act
of 2016''.
(b) References to Title 49, United States Code.--Except as otherwise
expressly provided, wherever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Regulatory updates.
Sec. 3. Statutory preference.
Sec. 4. Integrity management review.
Sec. 5. Technical safety standards committees.
Sec. 6. Inspection report information.
Sec. 7. Improving damage prevention technology.
Sec. 8. Direct hire authority for Pipeline and Hazardous Materials
Safety Administration.
Sec. 9. Information-sharing system.
Sec. 10. Nationwide integrated pipeline safety regulatory database.
Sec. 11. Underground gas storage facilities.
Sec. 12. Requirements for certain hazardous liquid pipeline facilities.
Sec. 13. Response plans.
Sec. 14. Unusually sensitive areas.
Sec. 15. Emergency order authority.
Sec. 16. Pipeline safety information grants to communities.
Sec. 17. Transparency in interagency review.
Sec. 18. Corrosion control review.
Sec. 19. Study on propane gas pipeline facilities.
Sec. 20. Standards for liquefied natural gas pipeline facilities.
Sec. 21. Authorization of appropriations.
SEC. 2. REGULATORY UPDATES.
(a) Reports.--
(1) In general.--The Secretary of Transportation shall submit
reports to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of
the House of Representatives regarding the status of a final
rule for each outstanding regulation.
(2) Deadlines.--The Secretary shall submit a report under
this subsection not later than 120 days after the date of
enactment of this Act, and every 90 days thereafter until a
final rule has been issued for each outstanding regulation
described in subsection (c)(2)(A).
(b) Contents.--The Secretary shall include in each report submitted
under subsection (a)--
(1) a description of the work plan for each outstanding
regulation;
(2) an updated rulemaking timeline for each outstanding
regulation;
(3) current staff allocations with respect to each
outstanding regulation;
(4) any resource constraints affecting the rulemaking process
for each outstanding regulation; and
(5) any other details associated with the development of each
outstanding regulation that affect the progress of the
rulemaking process.
(c) Outstanding Regulation Defined.--In this section, the term
``outstanding regulation'' means a regulation relating to pipeline
safety--
(1) for which no final rule, including an interim final rule
or direct final rule, has been issued; and
(2) that--
(A) is required under--
(i) the Pipeline Safety Regulatory Certainty
and Job Creation Act of 2011 (Public Law 112-
90; 125 Stat. 1904); or
(ii) any other law, for which more than 2
years have passed since the statutory deadline
for the regulation; or
(B) is being developed under an authority not
described in subparagraph (A), and is considered to be
a significant regulatory action under Executive Order
12866.
SEC. 3. STATUTORY PREFERENCE.
The Administrator of the Pipeline and Hazardous Materials Safety
Administration shall complete the rulemaking process for each
outstanding regulation described in section 2(c)(2)(A) before beginning
any new rulemaking process after the date of the enactment of this Act,
except that the Administrator may begin such a new rulemaking process
before completing the rulemaking process for each such outstanding
regulation if the Secretary of Transportation determines, in the
Secretary's discretion, that there is a significant need to do so, and
notifies Congress of such determination.
SEC. 4. INTEGRITY MANAGEMENT REVIEW.
(a) Reports.--
(1) Natural gas integrity management report.--Not later than
18 months after the date of publication of a final rule
regarding the safety of gas transmission pipelines, relating to
the advance notice of proposed rulemaking published by the
Administrator of the Pipeline and Hazardous Materials Safety
Administration on August 25, 2011 (76 Fed. Reg. 53086), the
Comptroller General of the United States shall submit to
Congress a report regarding integrity management programs for
natural gas pipeline facilities.
(2) Hazardous liquid integrity management report.--Not later
than 18 months after the date of publication of a final rule
regarding the safety of hazardous liquid pipelines, relating to
the proposed rule published by the Administrator of the
Pipeline and Hazardous Materials Safety Administration on
October 13, 2015 (80 Fed. Reg. 61610), the Comptroller General
of the United States shall submit to Congress a report
regarding integrity management programs for hazardous liquid
pipeline facilities.
(b) Contents.--The Comptroller General shall include--
(1) in the report submitted under subsection (a)(1), an
analysis of the extent to which integrity management programs
for natural gas pipeline facilities required under section
60109(c) of title 49, United States Code, have improved the
safety of natural gas pipeline facilities;
(2) in the report submitted under subsection (a)(2), an
analysis of the extent to which hazardous liquid pipeline
integrity management programs in areas identified pursuant to
section 60109(a) of title 49, United States Code, for operators
of hazardous liquid pipeline facilities, as regulated under
sections 195.450 and 195.452 of title 49, Code of Federal
Regulations, have improved the safety of hazardous liquid
pipeline facilities; and
(3) in each report submitted under subsection (a), with
respect to the applicable pipeline facilities--
(A) an analysis of, and recommendations regarding,
ways to enhance pipeline facility safety, taking into
consideration issues relating to technical,
operational, and economic feasibility, including, in
the case of the report submitted under subsection
(a)(2), an analysis of, and recommendations regarding,
risk factors that may warrant a variance from the
maximum allowable assessment interval;
(B) a description of any challenges affecting Federal
or State regulators in their oversight of integrity
management programs and how those challenges are being
addressed; and
(C) a description of any challenges affecting
operators in complying with the requirements of
integrity management programs, and how those challenges
are being addressed.
SEC. 5. TECHNICAL SAFETY STANDARDS COMMITTEES.
Section 60115(b)(4)(A) is amended by striking ``State commissioners.
The Secretary shall consult with the national organization of State
commissions before selecting those 2 individuals.'' and inserting
``State officials. The Secretary shall consult with national
organizations representing State commissioners or utility regulators
when making a selection under this subparagraph.''.
SEC. 6. INSPECTION REPORT INFORMATION.
Section 60108 is amended by adding at the end the following:
``(e) In General.--Not later than 30 days after the completion of a
pipeline safety inspection, the Secretary or the State authority for
which a certification is in effect under section 60105, as applicable,
shall--
``(1) conduct a post-inspection briefing with the operator of
the pipeline facility, outlining any concerns; and
``(2) to the extent practicable, provide written findings of
the inspection, which may include a final report, notice of
amendment of plans or procedures, safety order, or corrective
action order, or any other applicable report, notice, or
order.''.
SEC. 7. IMPROVING DAMAGE PREVENTION TECHNOLOGY.
(a) Study and Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall conduct a
study on improving the requirements for damage prevention programs for
pipeline facilities, and shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of the House
of Representatives a report on the results of such study.
(b) Contents.--The Secretary shall include in the report submitted
under subsection (a)--
(1) an identification of any methods that could improve
existing damage prevention programs through location and
mapping practices or technologies to reduce unintended releases
caused by excavation;
(2) an analysis of how increased use of global positioning
system digital mapping technologies, predictive analytic tools,
public awareness initiatives (including one-call initiatives),
mobile devices, and other advanced technologies could
supplement existing one-call notification and damage prevention
programs to reduce the frequency and severity of incidents
caused by excavation damage;
(3) an analysis of the feasibility of establishing a national
data repository for pipeline excavation accident data to
improve the storage and sharing of pipeline accident
information;
(4) an identification of opportunities for stakeholder
engagement in preventing excavation damage; and
(5) recommendations, which take into consideration technical,
operational, and economic feasibility, regarding how to
incorporate into existing damage prevention programs
improvements identified or analyzed under paragraphs (1)
through (4).
SEC. 8. DIRECT HIRE AUTHORITY FOR PIPELINE AND HAZARDOUS MATERIALS
SAFETY ADMINISTRATION.
(a) Direct Hire Authority.--
(1) Authority.--The Administrator of the Pipeline and
Hazardous Materials Safety Administration may appoint qualified
candidates to positions described in paragraph (2) without
regard to sections 3309 through 3319 of title 5, United States
Code.
(2) Applicability.--The authority under paragraph (1) applies
with respect to candidates for any position that would likely
allow increased activities relating to pipeline safety, as
determined by the Administrator.
(3) Termination.--The authority to make appointments under
this subsection shall not be available after December 31, 2019.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, and annually thereafter through calendar year 2019, the
Administrator of the Pipeline and Hazardous Materials Safety
Administration shall submit to Congress a report on--
(1) the use of the authority granted under this section; and
(2) efforts of the Administration to hire women, minorities,
and veterans as inspectors.
SEC. 9. INFORMATION-SHARING SYSTEM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Transportation shall convene a
working group to consider the development of a voluntary information-
sharing system to encourage collaborative efforts to improve inspection
information feedback and information sharing with the purpose of
improving natural gas and hazardous liquid pipeline facility risk
assessment and integrity management.
(b) Membership.--The working group convened under subsection (a)
shall include representatives from--
(1) the Pipeline and Hazardous Materials Safety
Administration;
(2) industry stakeholders, including operators of pipeline
facilities, inspection technology, coating, and cathodic
protection vendors, and pipeline inspection organizations;
(3) safety advocacy groups;
(4) research institutions;
(5) State public utility commissions or State officials
responsible for pipeline safety oversight;
(6) State pipeline safety inspectors; and
(7) labor representatives.
(c) Considerations.--The working group convened under subsection (a)
shall consider and provide recommendations, if applicable, to the
Secretary regarding--
(1) the management of proprietary or security-sensitive
information, specific incident response resources, and
information relating to a worst case discharge;
(2) the need for, and the identification of, a system to
ensure that data gathered from field verification of pipeline
integrity are shared with in-line inspection operators;
(3) actions to encourage or facilitate the exchange of
pipeline inspection information and promote the development of
advanced pipeline inspection technologies and risk assessment
methodologies; and
(4) regulatory, funding, and legal barriers to information
sharing.
(d) Publication.--The Secretary shall publish the recommendations
provided under subsection (c) on a publicly available website.
SEC. 10. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY DATABASE.
(a) Report.--Not later than 18 months after the date of the enactment
of this Act, the Secretary of Transportation shall submit a report to
Congress on the feasibility of establishing a national integrated
pipeline safety regulatory inspection database to improve communication
and collaboration between the Pipeline and Hazardous Materials Safety
Administration and State pipeline regulators.
(b) Contents.--The report submitted under subsection (a) shall
include--
(1) a description of any efforts underway to test a secure
information-sharing system for the purpose described in
subsection (a);
(2) a description of any progress in establishing common
standards for maintaining, collecting, and presenting pipeline
safety regulatory inspection data, and a methodology for the
sharing of such data;
(3) a description of any inadequacies or gaps in data
relating to Federal inspections, enforcement actions,
geospatial information, or any other relevant pipeline safety
regulatory information;
(4) a description of the potential safety benefits of a
national integrated pipeline safety regulatory inspection
database; and
(5) recommendations for how to implement a secure
information-sharing system that protects proprietary and
security-sensitive information and data for the purpose
described in subsection (a).
(c) Consultation.--In preparing the report under subsection (a), the
Secretary shall consult with stakeholders, including each State
authority operating under a certification to regulate intrastate
pipelines under section 60105 of title 49, United States Code.
SEC. 11. UNDERGROUND GAS STORAGE FACILITIES.
(a) Defined Term.--Section 60101(a) is amended--
(1) in paragraph (21), by striking the period at the end and
inserting a semicolon;
(2) in paragraph (22), by striking the period at the end and
inserting a semicolon;
(3) in paragraph (24), by striking ``and'' at the end;
(4) in paragraph (25), by striking the period at the end and
inserting ``; and'' ; and
(5) by adding at the end the following:
``(26) `underground gas storage facility' means a gas
pipeline facility that stores gas in an underground facility,
including--
``(A) a depleted hydrocarbon reservoir;
``(B) an aquifer reservoir; or
``(C) a solution-mined salt cavern reservoir.''.
(b) Standards for Underground Gas Storage Facilities.--Chapter 601 is
amended by inserting after section 60103 the following:
``Sec. 60103a. Standards for underground gas storage facilities
``(a) Minimum Safety Standards.--Not later than 2 years after the
date of the enactment of this section, the Secretary of Transportation,
in consultation with the heads of other relevant Federal agencies,
shall issue minimum safety standards, incorporating, to the extent
practicable, consensus standards for the operation and integrity
management of, and environmental protection with respect to,
underground gas storage facilities.
``(b) Considerations.--In developing safety standards under
subsection (a), the Secretary shall--
``(1) consider the economic impacts of the standards on
consumers, including individual gas customers, and minimize
such impacts to the extent practicable; and
``(2) consider existing consensus standards.
``(c) Federal-State Cooperation.--The Secretary may authorize a State
authority (including a municipality) to participate in the oversight of
underground gas storage facilities in the same manner as provided in
sections 60105 and 60106.
``(d) Rules of Construction.--
``(1) In general.--Nothing in this section may be construed
to affect any Federal regulation relating to gas pipeline
facilities that is in effect on the day before the date of
enactment of this section.
``(2) Limitations.--Nothing in this section may be construed
to authorize the Secretary--
``(A) to prescribe the location of an underground gas
storage facility; or
``(B) to require the Secretary's permission to
construct an underground gas storage facility.''.
(c) User Fees.--Section 60301 is amended--
(1) in subsection (b), by inserting ``an underground gas
storage facility,'' before ``or a hazardous liquid pipeline
facility'';
(2) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) related to an underground gas storage facility may be
used only for an activity related to underground gas storage
safety under section 60103a; and''; and
(3) by adding at the end the following:
``(f) Underground Gas Storage Facility Account.--
``(1) Account.--There is established, in the fund established
in the Treasury of the United States pursuant to this section,
an underground gas storage facility safety account.
``(2) Deposit of fees.--A fee collected under subsection (a)
from a person operating an underground gas storage facility
shall be deposited in the account established under paragraph
(1).''.
(d) Clerical Amendment.--The table of sections for chapter 601 is
amended by inserting after the item relating to section 60103 the
following:
``60103a. Standards for underground gas storage facilities.''.
SEC. 12. REQUIREMENTS FOR CERTAIN HAZARDOUS LIQUID PIPELINE FACILITIES.
Section 60109 is amended by adding at the end the following:
``(g) Hazardous Liquid Pipeline Facilities.--
``(1) Integrity assessments.--Notwithstanding any pipeline
integrity management program or integrity assessment schedule
otherwise required by the Secretary, each operator of a
pipeline facility to which this subsection applies shall ensure
that pipeline integrity assessments--
``(A) using internal inspection technology are
completed not less often than once every 12 months; and
``(B) using pipeline route surveys, depth of cover
surveys, pressure tests, external corrosion direct
assessment, or other technology that the operator
demonstrates can further the understanding of the
condition of the pipeline facility are completed on a
schedule based on the risk that the pipeline facility
poses to the high consequence area in which the
pipeline facility is located.
``(2) Application.--This subsection shall apply to any
underwater hazardous liquid pipeline facility located in a high
consequence area--
``(A) that is not an offshore pipeline facility; and
``(B) any portion of which is located at depths
greater than 150 feet under the surface of the water.
``(3) High consequence area defined.--For purposes of this
subsection, the term `high consequence area' has the meaning
given that term in section 195.450 of title 49, Code of Federal
Regulations.
``(4) Inspection and enforcement.--The Secretary shall
conduct inspections under section 60117(c) to determine whether
each operator of a pipeline facility to which this subsection
applies is complying with this section.''.
SEC. 13. RESPONSE PLANS.
The Administrator of the Pipeline and Hazardous Materials Safety
Administration shall require, and each operator of a pipeline facility
shall ensure, that any response plan under part 194 of title 49, Code
of Federal Regulations, includes procedures and a list of resources for
responding, to the extent practicable, to a worst case discharge of oil
and to a substantial threat of such a discharge, including when such
discharge may impact navigable waters or adjoining shorelines that may
be covered in whole or in part by ice.
SEC. 14. UNUSUALLY SENSITIVE AREAS.
Section 60109(b)(2) is amended by striking ``have been identified
as'' and inserting ``are part of the Great Lakes or have been
identified as coastal beaches,''.
SEC. 15. EMERGENCY ORDER AUTHORITY.
Section 60117 of title 49, United States Code, is amended by adding
at the end the following:
``(o) Emergency Order Authority.--
``(1) In general.--If the Secretary determines that an unsafe
condition or practice, or a combination of unsafe conditions
and practices, constitutes or is causing an imminent hazard,
the Secretary may issue an emergency order described in
paragraph (3) imposing emergency restrictions, prohibitions,
and safety measures on owners and operators of gas or hazardous
liquid pipeline facilities without prior notice or an
opportunity for a hearing, but only to the extent necessary to
abate the imminent hazard.
``(2) Considerations.--Before issuing an emergency order
under paragraph (1), the Secretary shall consider, after
consultation with appropriate Federal agencies, State agencies,
or other entities, the following, as appropriate:
``(A) The impact of the emergency order on public
health and safety.
``(B) The impact, if any, of the emergency order on
the national or regional economy or national security.
``(C) The impact of the emergency order on owners and
operators of pipeline facilities.
``(3) Written order.--An emergency order issued by the
Secretary pursuant to paragraph (1) with respect to an imminent
hazard shall contain a written description of--
``(A) the violation, condition, or practice that
constitutes or is causing the imminent hazard;
``(B) the entities subject to the order;
``(C) the restrictions, prohibitions, or safety
measures imposed;
``(D) the standards and procedures for obtaining
relief from the order;
``(E) how the order is tailored to abate the imminent
hazard and the reasons the authorities under sections
60112 and 60117(l) are insufficient to do so; and
``(F) how the considerations were taken into account
pursuant to paragraph (2).
``(4) Opportunity for review.--Upon receipt of a petition for
review from an entity subject to, and adversely affected by, an
emergency order issued under this subsection, the Secretary
shall provide an opportunity for a review of the order under
section 554 of title 5 to determine whether the order should
remain in effect, be modified, or be terminated.
``(5) Expiration of effectiveness order.--If a petition for
review of an emergency order is filed under paragraph (4) and
an agency decision with respect to the petition is not issued
on or before the last day of the 30-day period beginning on the
date on which the petition is filed, the order shall cease to
be effective on such day, unless the Secretary determines in
writing on or before the last day of such period that the
imminent hazard still exists.
``(6) Judicial review of orders.--After a final agency action
under the review process described in paragraph (4), or the
issuance of a written determination by the Secretary pursuant
to paragraph (5), an entity subject to, and adversely affected
by, an emergency order issued under this subsection may seek
judicial review of the order in a district court of the United
States and shall be given expedited consideration.
``(7) Regulations.--
``(A) Temporary regulations.--Not later than 60 days
after the date of enactment of the Pipeline Safety Act
of 2016, the Secretary shall issue such temporary
regulations as are necessary to carry out this
subsection. The temporary regulations shall expire on
the date of issuance of the final regulations required
under subparagraph (B).
``(B) Final regulations.--Not later than 270 days
after such date of enactment, the Secretary shall issue
such regulations as are necessary to carry out this
subsection. Such regulations shall ensure that the
review process described in paragraph (4) contains the
same procedures as subsections (d) and (g) of section
109.19 of title 49, Code of Federal Regulations, and is
otherwise consistent with the review process developed
under such section to the greatest extent practicable
and not inconsistent with this section.
``(8) Imminent hazard defined.--In this subsection, the term
`imminent hazard' means the existence of a condition relating
to a gas or hazardous liquid pipeline facility that presents a
substantial likelihood that death, serious illness, severe
personal injury, or a substantial endangerment to health,
property, or the environment may occur before the reasonably
foreseeable completion date of a formal proceeding begun to
lessen the risk of such death, illness, injury, or
endangerment.
``(9) Limitation and savings clause.--An emergency order
issued under this subsection may not be construed to--
``(A) alter, amend, or limit the Secretary's
obligations under, or the applicability of, section 553
of title 5; or
``(B) provide the authority to amend the Code of
Federal Regulations.''.
SEC. 16. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.
(a) Audit.--Not later than 1 year after the date of enactment of this
Act, the Inspector General of the Department of Transportation shall
submit to Congress a report containing--
(1) an audit of recipients of a grant under section 60130 of
title 49, United States Code, with respect to such grants; and
(2) a review of compliance with such section by such grant
recipients and the Secretary of Transportation.
(b) Public Participation Limitation.--Section 60130(a)(4) is amended
by inserting ``on technical pipeline safety issues'' after ``public
participation''.
SEC. 17. TRANSPARENCY IN INTERAGENCY REVIEW.
Section 60102(b) is amended by redesignating paragraph (7) as
paragraph (8) and inserting after paragraph (6) the following:
``(7) Transparency in interagency review.--For any standard
that is proposed or issued by rule under this chapter, and
which is reviewed by the Office of Management and Budget and
subsequently noticed in the Federal Register, the Secretary
shall--
``(A) make available to the public the factors
considered under paragraph (2) and the results of the
risk assessment conducted in accordance with paragraph
(3), as applicable;
``(B) identify for the public, in a complete, clear,
and simple manner, the substantive changes between the
draft submitted to the Office of Management and Budget
for review and the proposed or final rule subsequently
noticed; and
``(C) identify for the public the changes described
in subparagraph (B) that were made at the suggestion or
the recommendation of the Office of Management and
Budget.''.
SEC. 18. CORROSION CONTROL REVIEW.
(a) In General.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on corrosion control for gas and hazardous liquid
pipeline facilities.
(b) Requirements.--The Comptroller General shall include in the
report under subsection (a)--
(1) an analysis of corrosion control requirements for gas and
hazardous liquid pipeline facilities;
(2) a review of--
(A) common causes of corrosion, including interior
and exterior moisture buildup and the impacts of
moisture buildup under insulation;
(B) corrosion control techniques;
(C) best practices relating to pipeline facility
design, installation, operation, and maintenance,
including training to recognize or prevent corrosion;
and
(D) the cost and benefits, including safety benefits,
associated with the use of such techniques and best
practices;
(3) an evaluation of the effectiveness of corrosion control
techniques, including pipeline coatings and cathodic
protection; and
(4) recommendations on ways to improve corrosion control and
reduce the incidence of corrosion-related pipeline failures.
SEC. 19. STUDY ON PROPANE GAS PIPELINE FACILITIES.
(a) In General.--The Secretary of Transportation shall enter into an
agreement with the Transportation Research Board of the National
Academy of Sciences under which the Transportation Research Board will
conduct a study examining regulatory requirements, techniques, and best
practices applicable to pipeline facilities that transport or store
only petroleum gas or mixtures of petroleum gas and air to 100 or fewer
customers, in accordance with the requirements of this section.
(b) Requirements.--In conducting the study pursuant to subsection
(a), the Transportation Research Board shall analyze--
(1) Federal, State, and local regulatory requirements
applicable to pipeline facilities described in subsection (a);
(2) techniques and best practices relating to the design,
installation, operation, and maintenance of such pipeline
facilities; and
(3) the costs and benefits associated with such applicable
regulatory requirements and the use of such techniques and best
practices.
(c) Recommendations.--In conducting the study pursuant to subsection
(a), the Transportation Research Board shall identify potentially
inefficient or duplicative regulatory requirements analyzed pursuant to
subsection (b) and develop recommendations to enhance safety, reduce
unnecessary costs, and streamline Federal requirements associated with
pipeline facilities described in subsection (a).
(d) Participation.--In conducting the study pursuant to subsection
(a), the Transportation Research Board shall consult with Federal,
State, and local governments, private sector entities, and consumer and
pipeline safety advocates, as appropriate.
(e) Deadline.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress the results of the
study conducted pursuant to subsection (a).
(f) Definition.--In this section, the term ``petroleum gas'' has the
meaning given that term in section 192.3 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this Act.
SEC. 20. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES.
Section 60103 is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (6), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (6) the following:
``(7) national security.''; and
(2) in subsection (d)--
(A) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (6), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (6) the following:
``(7) cybersecurity measures.''.
SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) is amended--
(1) in paragraph (1), by striking ``there is authorized to be
appropriated to the Department of Transportation for each of
fiscal years 2012 through 2015, from fees collected under
section 60301, $90,679,000, of which $4,746,000 is for carrying
out such section 12 and $36,194,000 is for making grants.'' and
inserting the following: ``there are authorized to be
appropriated to the Department of Transportation from fees
collected under section 60301--
``(A) $128,000,000 for fiscal year 2017, of which
$9,000,000 shall be expended for carrying out such
section 12 and $41,885,000 shall be expended for making
grants;
``(B) $131,000,000 for fiscal year 2018, of which
$9,000,000 shall be expended for carrying out such
section 12 and $44,885,000 shall be expended for making
grants;
``(C) $134,000,000 for fiscal year 2019, of which
$9,000,000 shall be expended for carrying out such
section 12 and $47,885,000 shall be expended for making
grants;
``(D) $137,325,000 for fiscal year 2020, of which
$9,000,000 shall be expended for carrying out such
section 12 and $51,100,000 shall be expended for making
grants; and
``(E) $140,733,000 for fiscal year 2021, of which
$9,000,000 shall be expended for carrying out such
section 12 and $54,550,000 shall be expended for making
grants.''; and
(2) in paragraph (2), by striking ``there is authorized to be
appropriated for each of fiscal years 2012 through 2015 from
the Oil Spill Liability Trust Fund to carry out the provisions
of this chapter related to hazardous liquid and section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355), $18,573,000, of which $2,174,000 is
for carrying out such section 12 and $4,558,000 is for making
grants.'' and inserting the following: ``there are authorized
to be appropriated from the Oil Spill Liability Trust Fund to
carry out the provisions of this chapter related to hazardous
liquid and section 12 of the Pipeline Safety Improvement Act of
2002 (49 U.S.C. 60101 note; Public Law 107-355)--
``(A) $22,123,000 for fiscal year 2017, of which
$3,000,000 shall be expended for carrying out such
section 12 and $8,067,000 shall be expended for making
grants;
``(B) $23,000,000 for fiscal year 2018, of which
$3,000,000 shall be expended for carrying out such
section 12 and $8,067,000 shall be expended for making
grants;
``(C) $23,000,000 for fiscal year 2019, of which
$3,000,000 shall be expended for carrying out such
section 12 and $8,067,000 shall be expended for making
grants;
``(D) $23,300,000 for fiscal year 2020, of which
$3,000,000 shall be expended for carrying out such
section 12 and $8,067,000 shall be expended for making
grants; and
``(E) $23,600,000 for fiscal year 2021, of which
$3,000,000 shall be expended for carrying out such
section 12 and $8,067,000 shall be expended for making
grants.''.
(b) Operational Expenses.--There are authorized to be appropriated to
the Secretary for the necessary operational expenses of the Pipeline
and Hazardous Materials Safety Administration the following amounts:
(1) $22,000,000 for fiscal year 2017.
(2) $22,000,000 for fiscal year 2018.
(3) $23,000,000 for fiscal year 2019.
(4) $23,000,000 for fiscal year 2020.
(5) $24,000,000 for fiscal year 2021.
(c) One-Call Notification Programs.--
(1) In general.--Section 6107 is amended to read as follows:
``Sec. 6107. Funding
``Of the amounts provided under section 60125(a)(1), $1,058,000 shall
be expended in each of fiscal years 2017 through 2021 to provide grants
to States under section 6106.''.
(2) Clerical amendment.--The analysis for chapter 61 is
amended by striking the item relating to section 6107 and
inserting the following:
``6107. Funding.''.
(d) Pipeline Safety Information Grants to Communities.--Section
60130(c) is amended to read as follows:
``(c) Funding.--Of the amounts made available under section 21(b) of
the Pipeline Safety Act of 2016, $1,500,000 shall be expended in each
of fiscal years 2017 through 2021 to carry out this section. Such
amounts shall not be derived from user fees collected under section
60301.''.
(e) Pipeline Integrity Program.--Section 12(f) of the Pipeline Safety
Improvement Act of 2002 (49 U.S.C. 60101 note) is amended by striking
``2012 through 2015'' and inserting ``2017 through 2021''.
Purpose and Summary
H.R. 5050, the ``Pipeline Safety Act of 2016,'' was
introduced by Chairman Fred Upton, Ranking Member Frank
Pallone, Subcommittee Chairman Ed Whitfield, and Subcommittee
Ranking Member Bobby Rush on April 26, 2016. The legislation
reauthorizes the Pipeline and Hazardous Materials Safety
Administration's (PHMSA) pipeline safety program through fiscal
year 2021 and contains targeted legislative mandates to
increase transparency and accountability, complete overdue
regulations, and improve safety.
Background and Need for Legislation
More than 2.6 million miles of pipelines transport gas and
hazardous liquids across the United States. The Pipeline and
Hazardous Materials Safety Administration of the U.S.
Department of Transportation (DOT) is the lead federal agency
charged with developing and enforcing regulations to ensure the
safe, reliable, and environmentally sound operation of
pipelines. PHMSA's statutory authority is derived from Title
49, Chapter 601 of the United States Code.
While pipelines are considered by many to be a safe and
efficient way to transport and deliver gas and hazardous
liquids to end users, the incidence of pipeline failures
remains a cause for concern. Recent accidents, including a
massive natural gas leak from a well within Aliso Canyon's
underground storage facility in California, and PHMSA's failure
to meet deadlines for legislatively-directed safety standards,
demonstrate the continuing need for Congress to examine,
update, and strengthen Federal pipeline safety laws and
regulations.
The most recent pipeline safety law passed by Congress, the
``Pipeline Safety, Regulatory Certainty, and Job Creation Act
of 2011'' (P.L. 112-90, Pipeline Safety Act of 2011), contained
pipeline safety program spending authorizations that expired in
2015. The Pipeline Safety Act of 2011 also imposed 42 mandates
on PHMSA, including studies, new regulations, updated maps, and
other elements to update the Federal pipeline safety program.
While PHMSA has fulfilled some of these legislative mandates,
and recently proposed new regulations to respond to others, 16
mandates remain incomplete, well beyond the statutorily imposed
deadlines. Some examples of overdue safety regulations that
could significantly improve pipeline safety include:
regulations related to leak detection and emergency shutoff
valves, integrity management for natural gas pipelines, public
education and awareness efforts, and accident and incident
notification.
H.R. 5050 addresses many of the statutory and regulatory
shortcomings that have been exposed through the Committee's
oversight. The legislation contains targeted mandates of PHMSA
to increase public transparency and accountability, which will
facilitate the completion of overdue regulations. The
legislation also strengthens safety standards for certain types
of facilities, such as underground gas storage reservoirs and
oil pipelines that cross under deep freshwater bodies. H.R.
5050 also requires a number studies to inform Congress of
emerging issues relating to pipeline integrity management,
damage prevention, and corrosion control.
Hearings
The Subcommittee on Energy and Power held a hearing on a
discussion draft of H.R. 5050 on March 1, 2016. The Hearing was
entitled, ``Legislative Hearing to Examine Pipeline Safety
Reauthorization'' and witnesses included the following:
The Honorable Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation;
Donald Santa, President and CEO, Interstate
Natural Gas Association of America;
Ron Bradley, Vice President of Gas
Operations, PECO Energy, (on behalf of the American Gas
Association);
Andrew Black, President and CEO, Association
of Oil Pipe Lines;
Norman J. Saari, Commissioner, Michigan
Public Service Commission, (on behalf of the National
Association of Regulatory Utility Commissioners); and,
Carl Weimer, Executive Director, Pipeline
Safety Trust.
Committee Consideration
On March 16, 2016, the Subcommittee on Energy and Power met
in open markup session and ordered a Discussion Draft of H.R.
_, the Pipeline Safety Act of 2016, favorably reported to the
full Committee, without amendment, by a voice vote. On April
26, 27, and 28, 2016, the Committee on Energy and Commerce met
in open markup session and ordered H.R. 5050 favorably reported
to the House, as amended, by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 5050 reported.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held hearings and made
findings that are reflected in this report.
Statement of General Performance Goals and Objectives
H.R. 5050 provides for enhanced safety and environmental
protection in pipeline transportation.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5050 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 5050 contains no earmarks, limited tax
benefits, or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 3, 2016.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5050, the Pipeline
Safety Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
H.R. 5050--Pipeline Safety Act of 2016
Summary: The Pipeline and Hazardous Materials Safety
Administration (PHMSA) oversees the safety of pipelines that
transport natural gas or hazardous liquids and provides grants
to states for programs to ensure pipeline safety. H.R. 5050
would require PHMSA to pursue a variety of regulatory and
administrative activities related to such programs and would
authorize appropriations for those purposes. The bill also
would authorize PHMSA to establish safety standards for certain
underground storage facilities for natural gas, assess fees on
entities that operate such facilities, and spend such fees--
subject to authority provided in advance in appropriation
acts--to ensure that such facilities meet those standards.
CBO estimates that implementing H.R. 5050 would result in
gross appropriations totaling $900 million over the 2017-2021
period. CBO also estimates that those appropriations would be
offset by $696 million in fees paid by pipeline owners, which
are considered offsets to discretionary spending. Assuming
appropriation actions consistent with the specified and
estimated amounts, CBO estimates that the resulting net outlays
would total $83 million over the 2017-2021 period.
In addition, CBO estimates that enacting H.R. 5050 would
increase net revenues from assessments on entities that operate
certain underground natural gas storage facilities by $17
million over the 2017-2026 period. Pay-as-you-go procedures
apply because enacting the legislation would affect revenues.
Enacting H.R. 5050 would not affect direct spending.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
H.R. 5050 would impose intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
by establishing new safety standards for natural gas storage
facilities and pipelines and by imposing new fees. Based on
information from PHMSA and industry sources, CBO estimates that
the cost of the mandates on public entities would fall below
the annual threshold established in UMRA for intergovernmental
mandates ($77 million, adjusted annually for inflation).
Primarily because one of the mandates on private entities would
depend on future actions by the Secretary of Transportation,
CBO cannot determine whether the aggregate cost of the mandates
on private entities would exceed the annual threshold
established in UMRA for private-sector mandates ($154 million
in 2016, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 5050 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
INCREASES OR DECREASES (-) IN SPENDING SUBJECT TO APPROPRIATION
Spending for Pipeline Safety and Related Activities:
Estimated Authorization Level....................... 150 154 157 160 165 786
Estimated Outlays................................... 74 131 149 158 162 674
Offsetting Collections from User Fees:
Estimated Authorization Level....................... -134 -138 -138 -141 -145 -696
Estimated Outlays................................... -134 -138 -138 -141 -145 -696
PHMSA Operational Expenses:
Authorization Level................................. 22 22 23 23 24 114
Estimated Outlays................................... 15 20 23 23 24 105
Total Net Changes:
Estimated Authorization Level................... 38 38 42 42 44 204
Estimated Outlays............................... -45 13 34 40 41 83
INCREASES IN REVENUESa
Assessments for Underground Natural Gas Storage 0 0 2 2 2 7
Facilities.............................................
----------------------------------------------------------------------------------------------------------------
Notes: PHMSA = Pipeline and Hazardous Materials Safety Administration; Components may not sum to totals because
of rounding.
aCBO estimates that enacting H.R. 5050 would increase net revenues by $17 million over the 2019-2026 period.
Basis of estimate: For this estimate, CBO assumes that H.R.
5050 will be enacted near the start of fiscal year 2017 and the
amounts authorized and estimated to be necessary over the 2017-
2021 period will be appropriated each year. Estimates of
outlays are based on historical spending patterns for pipeline
safety programs.
Spending subject to appropriation
H.R. 5050 would reauthorize the laws that govern PHMSA's
role in pipeline safety and authorize appropriations for those
activities as well as for the agency's general operating
expenses. The bill would specify new administrative
requirements and authorize the agency to establish and enforce
safety standards for certain underground storage facilities for
natural gas. The bill also would require the Government
Accountability Office (GAO) and other agencies to conduct a
variety of studies and reports related to pipeline safety and
other activities.
The bill would authorize appropriations for PHMSA totaling
$172 million in 2017 and $900 million over the 2017-2021
period; additional amounts would be necessary for agencies
other than PHMSA to complete required reports. (In addition,
the bill would authorize appropriations totaling $168 million
in 2016, the same amount that has already been provided for
that year.) The authorized and estimated amounts include:
$786 million specifically authorized for
PHMSA's pipeline safety programs;
$114 million specifically authorized for
operating expenses of support organizations within
PHMSA; and
Less than $500,000 estimated to be necessary
for GAO and other agencies to carry out various
reporting and administrative requirements.
Assuming appropriation of the authorized and estimated
amounts, CBO estimates that resulting discretionary outlays
would total $779 million over the 2017-2021 period and $121
million in later years. CBO also estimates that those outlays
would be offset by $696 million in fees paid by entities that
operate pipelines and related facilities regulated by PHMSA.
Under current law, such annual fees are based on appropriations
provided for pipeline safety and related activities and are
recorded as discretionary offsetting collections.
Revenues
H.R. 5050 would authorize PHMSA to regulate the safety of
certain underground natural gas storage facilities. To cover
the cost of regulating such facilities, the bill would direct
the Secretary of Transportation to impose fees on entities that
operate such facilities. In CBO's view, such regulatory fees
should be recorded as revenues because of their compulsory
nature. Under the bill, PHMSA's authority to spend those fees
would be subject to appropriation.
Based on information from PHMSA and the natural gas
industry about the anticipated costs to establish and implement
the proposed safety standards, CBO estimates gross revenues
from such fees would total about $3 million annually starting
in 2019 (the year when CBO expects PHMSA would issue
regulations as required by the bill) and $24 million through
2026. Because excise taxes and other indirect business taxes
(such as the proposed assessment under H.R. 5050) reduce the
base used for calculating income and payroll taxes, higher
amounts of those indirect business taxes would lead to
reductions in revenues from income and payroll taxes. As a
result, gross assessments would be partially offset by a loss
of receipts of about 25 percent each year. Thus, CBO estimates
that enacting H.R. 5050 would increase net revenues by $17
million over the 2019-2026 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in revenues that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5050, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON ENERGY AND COMMERCE ON APRIL 27, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016-2021 2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET DECREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact............... 0 0 0 -2 -2 -2 -2 -2 -2 -2 -2 -7 -17
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
Increase in long term direct spending and deficits: CBO
estimates that enacting H.R. 5050 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: H.R. 5050
would impose intergovernmental and private-sector mandates as
defined in UMRA by establishing new safety standards for
storage facilities for natural gas and pipelines and by
imposing new fees. Based on information from PHMSA and industry
sources, CBO estimates that the cost of the mandates on public
entities would fall below the annual threshold established in
UMRA for intergovernmental mandates ($77 million, adjusted
annually for inflation). Primarily because one of the mandates
on private entities would depend on future actions by the
Secretary of Transportation, CBO cannot determine whether the
aggregate cost of the mandates on private entities would exceed
the annual threshold established in UMRA for private-sector
mandates ($154 million in 2016, adjusted annually for
inflation).
Mandates that apply to both public and private entities
Standards and Fees for Underground Natural Gas Storage
Facilities. The bill would impose a mandate on operators of
underground storage facilities for natural gas by establishing
new safety standards for those facilities. According to the
Department of Energy, there are about 400 such facilities in
the United States, and the majority of the facilities are
operated by private entities. Organizations representing gas
pipeline companies recently adopted voluntary standards for
ensuring the safety and integrity of storage facilities for
natural gas. CBO estimates that the incremental cost of the
mandate would be minimal for facilities that are currently
working to comply with those industry standards. However, based
on information from industry sources, CBO estimates that the
aggregate cost of the mandate on all facilities could total
tens of millions of dollars annually.
The bill also would impose a mandate on operators of
underground storage facilities for natural gas by requiring
those operators to pay fees to the Secretary of Transportation.
The fees would be used to offset the cost of establishing and
implementing the safety standards for those facilities. CBO
estimates that those fees would total $3 million annually
beginning in 2019.
Emergency Orders. The bill would authorize the Secretary of
Transportation to issue emergency orders to address imminent
hazards at gas and hazardous liquid pipeline facilities. Those
orders would require owners and operators of those facilities
to comply with emergency restrictions, prohibitions, and safety
measures. The cost of the mandate would depend on the nature
and scope of emergency orders issued by the Secretary of
Transportation. While there is uncertainty surrounding the
potential scope and frequency of such orders, the Secretary of
Transportation has issued few emergency orders in recent years
tied to the transport of hazardous materials. We expect
emergency orders resulting from the bill's provisions to be
similarly restrained, but they could result in significant
costs to private entities, depending on the nature of the event
and the resulting order. Because few pipelines are owned by
public entities, CBO expects that the potential costs on state,
local, or tribal entities of complying with future emergency
orders would be small.
Oil Spill Response Plans. The bill would require operators
of pipelines that contain hazardous liquids to consider the
effects of oil discharges into navigable waters that contain
ice and areas adjoining those waters when they prepare response
plans for oil spills. The bill would impose a mandate if
operators need to amend current plans to address discharges
onto ice. The bill also would impose a mandate by requiring
pipeline operators that contract for oil spill response
resources to provide a list of those resources in their
response plans. Operators of oil pipelines must prepare and
periodically update response plans pursuant to current law, and
CBO anticipates that pipeline operators could amend plans at
the next scheduled update. Consequently, CBO estimates that the
incremental cost of the mandates would not be significant.
Mandate that applies to private entities only
The bill would require certain onshore pipelines that cross
water to increase the frequency of pipeline integrity
assessments. Based on information from industry sources, CBO
expects that the mandate would apply to one pipeline and
estimates that the cost of conducting additional inspections
would not exceed $1 million over the first five years that the
mandate is in effect.
Previous CBO estimate: CBO has issued two other cost
estimates for legislation that would reauthorize PHMSA's
activities related to pipeline safety:
On February 23, 2016, CBO transmitted a cost
estimate for S. 2276, the SAFE PIPES Act, as ordered
reported by the Senate Committee on Commerce, Science,
and Transportation on December 9, 2015; and
On May 27, 2016, CBO transmitted a cost
estimate for H.R. 4937, the PIPES Act of 2016, as
ordered reported by the House Committee on
Transportation and Infrastructure on April 20, 2016.
Our estimate of spending subject to appropriation under
H.R. 5050 is larger than our estimates of such spending under
S. 2276 and H.R. 4937 primarily because H.R. 5050 would
authorize funding through 2021 while the other bills would
authorize appropriations only through 2019.
In addition, all three bills would authorize PHMSA to
regulate certain underground natural gas storage facilities and
assess fees for that purpose. Our estimate of increased net
revenues from such fees is the same under each bill.
H.R. 5050 contains most of the mandates identified by CBO
in H.R. 4937, including a requirement to comply with emergency
orders, and all of the mandates identified by CBO in S. 2276.
The threshold determinations for H.R. 5050 and H.R. 4937 are
the same. The threshold determination for private-sector
mandates is different for S. 2276 because S. 2276 does not
contain the mandate that would require private entities to
comply with emergency orders issued by the Secretary of
Transportation.
Estimate prepared by: Federal Costs and Revenues: Megan
Carroll; Impact on State, Local, and Tribal Governments: Jon
Sperl; Impact on the Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of H.R. 5050 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 5050
specifically directs to be completed no rule makings within the
meaning of 5 U.S.C. 551.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title; References; Table of contents
Section 1 provides the short title of ``Pipeline Safety Act
of 2016.''
Section 2. Regulatory updates
Section 2 requires the Secretary of Transportation to
report to Congress on outstanding regulations for which no
interim or final rule has been issued. The contents of the
report shall include, for each outstanding regulation, a
description of the work plan, timeline, current staff
allocations, resource constraints, and any other details that
affect the progress of the rulemaking process.
Section 3. Statutory preference
Section 3 requires the Administrator of PHMSA to complete
the rulemaking process for regulations required by the Pipeline
Safety Act of 2011 or any other law for which more than two
years have passed since the statutory deadline before beginning
any new rulemaking process. The Committee intends for the
limitation on new rulemakings to apply only to pipeline safety-
related rulemakings. This section provides an exception to
allow the Administrator to begin a new rulemaking if the
Secretary of Transportation determines that there is a
significant need and notifies Congress.
Section 4. Integrity management review
Section 4 requires the Comptroller General to report to
Congress on integrity management programs for natural gas and
liquid pipeline facilities. The contents of the report shall
include an analysis of the extent to which integrity management
programs have improved safety; an analysis and recommendations
on ways to enhance pipeline safety; and a description of any
challenges affecting regulators in their oversight of and
operators in complying with the requirements of the integrity
management programs.
Section 5. Technical safety standards committees
Section 5 requires the Secretary to consult with ``utility
regulators,'' in addition to a national organization
representing State commissioners, when choosing participants
for technical safety standards committees.
Section 6. Inspection report information
Section 6 requires the Secretary of Transportation, no
later than thirty days after the completion of a pipeline
inspection, to conduct a post-inspection briefing with the
operator outlining any concerns and, to the extent practicable,
provide written findings of the inspection. The written
findings may include a final report, notice of amendment of
plans or procedures, safety order, corrective action order, or
any other applicable report, notice, or order.
Section 7. Improving damage prevention technology
Section 7 requires the Secretary of Transportation to
conduct a study and report to Congress on methods to improve
damage prevention programs for pipeline facilities.
Section 8. Direct hire authority for pipeline and hazardous materials
safety administration
Section 8 authorizes the Administrator of PHMSA to appoint
qualified candidates to pipeline safety-related positions
without regard to sections 3309 through 3318 of title 5, United
States Code in order to fill vacancies to meet a critical
hiring need. This section also requires a report to Congress on
the use of the authority and PHMSA's efforts to hire women,
minorities, and veterans as inspectors.
Section 9. Information-sharing system
Section 9 requires the Secretary of Transportation to
convene a working group to consider the development of a
voluntary information-sharing system to encourage collaborative
efforts to improve inspection information feedback and
information sharing. The working group shall include
representatives from PHMSA, industry stakeholders, safety
advocates, research institutions, State pipeline safety
inspectors, and labor representatives.
Section 10. Nationwide integrated pipeline safety regulatory database
Section 10 requires the Secretary of Transportation to
report to Congress on the feasibility of establishing a
nationwide integrated pipeline safety regulatory inspection
database to improve communication and collaboration between
PHMSA and State pipeline regulators.
Section 11. Underground gas storage facilities
Section 11 requires the Secretary of Transportation to
issue minimum safety standards for the operation and integrity
management of underground gas storage facilities no later than
two years after the date of enactment. This section authorizes
the Secretary to collect a fee from underground gas storage
facility operators to cover the cost of establishing and
implementing safety standards for underground gas storage
facilities. The fees are to be deposited into the underground
gas storage facility safety account established in the Treasury
pursuant to this section.
Section 12. Requirements for certain hazardous liquid pipeline
facilities
Section 12 requires operators of onshore, underwater
pipeline facilities located at depths greater than 150 feet
below the surface to conduct internal inspections annually, and
other types of integrity assessments on a risk-based schedule.
Section 13. Response plans
Section 13 requires PHMSA and the pipeline operator to
ensure that emergency response plans include procedures and a
list of resources for responding to a worst case discharge of
oil, including when it may impact navigable waters or adjoining
shorelines that may be covered in whole or in part by ice.
Section 14. Unusually sensitive areas
Section 14 adds the Great Lakes and coastal beaches to the
list of areas that the Secretary is required to consider when
describing areas that are unusually sensitive to environmental
damage if there is a hazardous liquid pipeline accident.
Section 15. Emergency operation controls
Section 15 provides PHMSA with emergency authority to order
emergency restrictions, prohibitions, and safety measures to
abate an imminent hazard that presents a substantial likelihood
of death, serious illness, severe personal injury or a
substantial danger to health, property, or the environment.
Before issuing an order, PHMSA is required to consider its
impact on public health and safety, the economy, and pipeline
owners and operators. In issuing the written order, PHMSA is
required to define the emergency necessitating the action and
the entities subject to it, and demonstrate how it is tailored
to abate the imminent hazard. Under this section, PHMSA must
also describe how its authorities under sections 60112 and
60117(1) are insufficient to abate the imminent hazard.
While an emergency order can be issued without prior notice
or opportunity for a hearing, the Committee intends for PHMSA
to provide adequate and timely opportunity for review to
determine whether the order should remain in effect, be
modified, or be terminated. Under this section, if the review
is not completed by the end of a 30-day period, the order will
cease to be effective. Additionally, this section allows for
expedited judicial review in a U.S. District Court.
Section 15 requires the Secretary to issue temporary
regulations to carry out the authorities provided not later
than 60 days, and final regulations not later than 270 days,
after such date of enactment. The Committee intends for PHMSA
to issue the final regulations expeditiously. The Committee
does not intend for emergency authority to be used in place of
a formal rulemaking proceeding, and this section contains a
savings clause to clarify that an emergency order issued under
this section may not be used to amend the Code of Federal
Regulations.
Section 16. Pipeline safety information grants to communities
Section 16 requires the Inspector General of the Department
of Transportation to conduct an audit of the Technical
Assistance Grant program to review compliance by PHMSA and
grant recipients. This section also amends the statute to
clarify the definition of technical assistance.
Section 17. Transparency in interagency review
Section 17 requires PHMSA to make the cost-benefit analyses
of its rulemakings public and identify the substantive changes
between a draft rulemaking submitted to the Office of
Management and Budget (OMB) for review and the final version
posted in the Federal Register. This section also requires
PHMSA to identify those changes made at the suggestion or
recommendation of OMB. This section responds to the Committee's
concerns that PHMSA has been unable to complete a number of
legislative mandates by the statutorily imposed deadlines and
that PHMSA's disagreements with OMB during interagency review
may have contributed to these delays.
Section 18. Study on corrosion control and prevention for gas and
hazardous liquid pipelines
Section 18 requires the Comptroller General to conduct a
study on construction materials and technologies for corrosion
control and prevention for gas and hazardous liquid pipelines.
The report is required to be submitted to Congress no more than
18 months after the date of the enactment of this act.
Section 19. Study on propane gas pipeline facilities
Section 19 requires the Secretary of Transportation to
enter into an agreement with the Transportation Research Board
(TRB) of the National Academy of Sciences to conduct a study on
propane gas facilities that serve 100 or fewer customers. The
purpose of the study is to provide Congress with
recommendations on ways to enhance safety and streamline
Federal regulation of such facilities.
Section 20. Standards for liquefied natural gas pipeline facilities
Section 20 requires PHMSA to consider national security
when prescribing minimum safety standards for deciding on the
location of a new liquefied natural gas pipeline facility. This
section also requires PHMSA to consider cybersecurity measures
when prescribing minimum operating and maintenance standards
for such facilities.
Section 21. Authorization of appropriations
Section 19 reauthorizes PHMSA's gas and hazardous liquid
programs, operational expenses, One-Call notification program,
pipeline safety information grants to communities, and pipeline
integrity program from fiscal years 2017 through 2021.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
* * * * * * *
CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS
Sec.
6101. Purposes.
* * * * * * *
[6107. Authorization of appropriations.]
6107. Funding.
* * * * * * *
[Sec. 6107. Authorization of appropriations
[(a) For Grants to States.--There are authorized to be
appropriated to the Secretary to provide grants to States under
section 6106 $1,000,000 for each of fiscal years 2012 through
2015.
[(b) For Administration.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to
carry out sections 6103, 6104, and 6105 for fiscal years 2012
through 2015.]
Sec. 6107. Funding
Of the amounts provided under section 60125(a)(1), $1,058,000
shall be expended in each of fiscal years 2017 through 2021 to
provide grants to States under section 6106.
* * * * * * *
SUBTITLE VIII--PIPELINES
* * * * * * *
CHAPTER 601--SAFETY
Sec.
60101. Definitions.
* * * * * * *
60103a. Standards for underground gas storage facilities.
* * * * * * *
Sec. 60101. Definitions
(a) General.--In this chapter--
(1) ``existing liquefied natural gas facility''--
(A) means a liquefied natural gas facility
for which an application to approve the site,
construction, or operation of the facility was
filed before March 1, 1978, with--
(i) the Federal Energy Regulatory
Commission (or any predecessor); or
(ii) the appropriate State or local
authority, if the facility is not
subject to the jurisdiction of the
Commission under the Natural Gas Act
(15 U.S.C. 717 et seq.); but
(B) does not include a facility on which
construction is begun after November 29, 1979,
without the approval;
(2) ``gas'' means natural gas, flammable gas, or
toxic or corrosive gas;
(3) ``gas pipeline facility'' includes a pipeline, a
right of way, a facility, a building, or equipment used
in transporting gas or treating gas during its
transportation;
(4) ``hazardous liquid'' means--
(A) petroleum or a petroleum product;
(B) nonpetroleum fuel, including biofuel,
that is flammable, toxic, or corrosive or would
be harmful to the environment if released in
significant quantities; and
(C) a substance the Secretary of
Transportation decides may pose an unreasonable
risk to life or property when transported by a
hazardous liquid pipeline facility in a liquid
state (except for liquefied natural gas);
(5) ``hazardous liquid pipeline facility'' includes a
pipeline, a right of way, a facility, a building, or
equipment used or intended to be used in transporting
hazardous liquid;
(6) ``interstate gas pipeline facility'' means a gas
pipeline facility--
(A) used to transport gas; and
(B) subject to the jurisdiction of the
Commission under the Natural Gas Act (15 U.S.C.
717 et seq.);
(7) ``interstate hazardous liquid pipeline facility''
means a hazardous liquid pipeline facility used to
transport hazardous liquid in interstate or foreign
commerce;
(8) ``interstate or foreign commerce''--
(A) related to gas, means commerce--
(i) between a place in a State and a
place outside that State; or
(ii) that affects any commerce
described in subclause (A)(i) of this
clause; and
(B) related to hazardous liquid, means
commerce between--
(i) a place in a State and a place
outside that State; or
(ii) places in the same State through
a place outside the State;
(9) ``intrastate gas pipeline facility'' means a gas
pipeline facility and transportation of gas within a
State not subject to the jurisdiction of the Commission
under the Natural Gas Act (15 U.S.C. 717 et seq.);
(10) ``intrastate hazardous liquid pipeline
facility'' means a hazardous liquid pipeline facility
that is not an interstate hazardous liquid pipeline
facility;
(11) ``liquefied natural gas'' means natural gas in a
liquid or semisolid state;
(12) ``liquefied natural gas accident'' means a
release, burning, or explosion of liquefied natural gas
from any cause, except a release, burning, or explosion
that, under regulations prescribed by the Secretary,
does not pose a threat to public health or safety,
property, or the environment;
(13) ``liquefied natural gas conversion'' means
conversion of natural gas into liquefied natural gas or
conversion of liquefied natural gas into natural gas;
(14) ``liquefied natural gas pipeline facility''--
(A) means a gas pipeline facility used for
transporting or storing liquefied natural gas,
or for liquefied natural gas conversion, in
interstate or foreign commerce; but
(B) does not include any part of a structure
or equipment located in navigable waters (as
defined in section 3 of the Federal Power Act
(16 U.S.C. 796));
(15) ``municipality'' means a political subdivision
of a State;
(16) ``new liquefied natural gas pipeline facility''
means a liquefied natural gas pipeline facility except
an existing liquefied natural gas pipeline facility;
(17) ``person'', in addition to its meaning under
section 1 of title 1 (except as to societies), includes
a State, a municipality, and a trustee, receiver,
assignee, or personal representative of a person;
(18) ``pipeline facility'' means a gas pipeline
facility and a hazardous liquid pipeline facility;
(19) ``pipeline transportation'' means transporting
gas and transporting hazardous liquid;
(20) ``State'' means a State of the United States,
the District of Columbia, and Puerto Rico;
(21) ``transporting gas''--
(A) means--
(i) the gathering, transmission, or
distribution of gas by pipeline, or the
storage of gas, in interstate or
foreign commerce; and
(ii) the movement of gas through
regulated gathering lines; but (B) does
not include gathering gas (except
through regulated gathering lines) in a
rural area outside a populated area
designated by the Secretary as a
nonrural area[.];
(22) ``transporting hazardous liquid''--
(A) means--
(i) the movement of hazardous liquid
by pipeline, or the storage of
hazardous liquid incidental to the
movement of hazardous liquid by
pipeline, in or affecting interstate or
foreign commerce; and
(ii) the movement of hazardous liquid
through regulated gathering lines; but
(B) does not include moving hazardous liquid
through--
(i) gathering lines (except regulated
gathering lines) in a rural area;
(ii) onshore production, refining, or
manufacturing facilities; or
(iii) storage or in-plant piping
systems associated with onshore
production, refining, or manufacturing
facilities[.];
(23) ``risk management'' means the systematic
application, by the owner or operator of a pipeline
facility, of management policies, procedures, finite
resources, and practices to the tasks of identifying,
analyzing, assessing, reducing, and controlling risk in
order to protect employees, the general public, the
environment, and pipeline facilities;
(24) ``risk management plan'' means a management plan
utilized by a gas or hazardous liquid pipeline facility
owner or operator that encompasses risk management;
[and]
(25) ``Secretary'' means the Secretary of
Transportation[.]; and
(26) ``underground gas storage facility'' means a gas
pipeline facility that stores gas in an underground
facility, including--
(A) a depleted hydrocarbon reservoir;
(B) an aquifer reservoir; or
(C) a solution-mined salt cavern reservoir.
(b) Gathering Lines.--(1)(A) Not later than October 24, 1994,
the Secretary shall prescribe standards defining the term
``gathering line''.
(B) In defining ``gathering line'' for gas, the Secretary--
(i) shall consider functional and operational
characteristics of the lines to be included in the
definition; and
(ii) is not bound by a classification the Commission
establishes under the Natural Gas Act (15 U.S.C. 717 et
seq.).
(2)(A) Not later than October 24, 1995, the Secretary, if
appropriate, shall prescribe standards defining the term
``regulated gathering line''. In defining the term, the
Secretary shall consider factors such as location, length of
line from the well site, operating pressure, throughput, and
the composition of the transported gas or hazardous liquid, as
appropriate, in deciding on the types of lines that
functionally are gathering but should be regulated under this
chapter because of specific physical characteristics.
(B)(i) The Secretary also shall consider diameter when
defining ``regulated gathering line'' for hazardous liquid.
(ii) The definition of ``regulated gathering line'' for
hazardous liquid may not include a crude oil gathering line
that has a nominal diameter of not more than 6 inches, is
operated at low pressure, and is located in a rural area that
is not unusually sensitive to environmental damage.
Sec. 60102. Purpose and general authority
(a) Purpose and Minimum Safety Standards.--
(1) Purpose.--The purpose of this chapter is to
provide adequate protection against risks to life and
property posed by pipeline transportation and pipeline
facilities by improving the regulatory and enforcement
authority of the Secretary of Transportation.
(2) Minimum safety standards.--The Secretary shall
prescribe minimum safety standards for pipeline
transportation and for pipeline facilities. The
standards--
(A) apply to any or all of the owners or
operators of pipeline facilities;
(B) may apply to the design, installation,
inspection, emergency plans and procedures,
testing, construction, extension, operation,
replacement, and maintenance of pipeline
facilities; and
(C) shall include a requirement that all
individuals who operate and maintain pipeline
facilities shall be qualified to operate and
maintain the pipeline facilities.
(3) Qualifications of pipeline operators.--The
qualifications applicable to an individual who operates
and maintains a pipeline facility shall address the
ability to recognize and react appropriately to
abnormal operating conditions that may indicate a
dangerous situation or a condition exceeding design
limits. The operator of a pipeline facility shall
ensure that employees who operate and maintain the
facility are qualified to operate and maintain the
pipeline facilities.
(b) Practicability and Safety Needs Standards.--
(1) In general.--A standard prescribed under
subsection (a) shall be--
(A) practicable; and
(B) designed to meet the need for--
(i) gas pipeline safety, or safely
transporting hazardous liquids, as
appropriate; and
(ii) protecting the environment.
(2) Factors for consideration.--When prescribing any
standard under this section or section 60101(b), 60103,
60108, 60109, 60110, or 60113, the Secretary shall
consider--
(A) relevant available--
(i) gas pipeline safety information;
(ii) hazardous liquid pipeline safety
information; and
(iii) environmental information;
(B) the appropriateness of the standard for
the particular type of pipeline transportation
or facility;
(C) the reasonableness of the standard;
(D) based on a risk assessment, the
reasonably identifiable or estimated benefits
expected to result from implementation or
compliance with the standard;
(E) based on a risk assessment, the
reasonably identifiable or estimated costs
expected to result from implementation or
compliance with the standard;
(F) comments and information received from
the public; and
(G) the comments and recommendations of the
Technical Pipeline Safety Standards Committee,
the Technical Hazardous Liquid Pipeline Safety
Standards Committee, or both, as appropriate.
(3) Risk assessment.--In conducting a risk assessment
referred to in subparagraphs (D) and (E) of paragraph
(2), the Secretary shall--
(A) identify the regulatory and nonregulatory
options that the Secretary considered in
prescribing a proposed standard;
(B) identify the costs and benefits
associated with the proposed standard;
(C) include--
(i) an explanation of the reasons for
the selection of the proposed standard
in lieu of the other options
identified; and
(ii) with respect to each of those
other options, a brief explanation of
the reasons that the Secretary did not
select the option; and
(D) identify technical data or other
information upon which the risk assessment
information and proposed standard is based.
(4) Review.--
(A) In general.--The Secretary shall--
(i) submit any risk assessment
information prepared under paragraph
(3) of this subsection to the Technical
Pipeline Safety Standards Committee,
the Technical Hazardous Liquid Pipeline
Safety Standards Committee, or both, as
appropriate; and
(ii) make that risk assessment
information available to the general
public.
(B) Peer review panels.--The committees
referred to in subparagraph (A) shall serve as
peer review panels to review risk assessment
information prepared under this section. Not
later than 90 days after receiving risk
assessment information for review pursuant to
subparagraph (A), each committee that receives
that risk assessment information shall prepare
and submit to the Secretary a report that
includes--
(i) an evaluation of the merit of the
data and methods used; and
(ii) any recommended options relating
to that risk assessment information and
the associated standard that the
committee determines to be appropriate.
(C) Review by Secretary.--Not later than 90
days after receiving a report submitted by a
committee under subparagraph (B), the
Secretary--
(i) shall review the report;
(ii) shall provide a written response
to the committee that is the author of
the report concerning all significant
peer review comments and recommended
alternatives contained in the report;
and
(iii) may revise the risk assessment
and the proposed standard before
promulgating the final standard.
(5) Secretarial decisionmaking.--Except where
otherwise required by statute, the Secretary shall
propose or issue a standard under this Chapter only
upon a reasoned determination that the benefits of the
intended standard justify its costs.
(6) Exceptions from application.--The requirements of
subparagraphs (D) and (E) of paragraph (2) do not apply
when--
(A) the standard is the product of a
negotiated rulemaking, or other rulemaking
including the adoption of industry standards
that receives no significant adverse comment
within 60 days of notice in the Federal
Register;
(B) based on a recommendation (in which
three-fourths of the members voting concur) by
the Technical Pipeline Safety Standards
Committee, the Technical Hazardous Liquid
Pipeline Safety Standards Committee, or both,
as applicable, the Secretary waives the
requirements; or
(C) the Secretary finds, pursuant to section
553(b)(3)(B) of title 5, United States Code,
that notice and public procedure are not
required.
(7) Transparency in interagency review.--For any
standard that is proposed or issued by rule under this
chapter, and which is reviewed by the Office of
Management and Budget and subsequently noticed in the
Federal Register, the Secretary shall--
(A) make available to the public the factors
considered under paragraph (2) and the results
of the risk assessment conducted in accordance
with paragraph (3), as applicable;
(B) identify for the public, in a complete,
clear, and simple manner, the substantive
changes between the draft submitted to the
Office of Management and Budget for review and
the proposed or final rule subsequently
noticed; and
(C) identify for the public the changes
described in subparagraph (B) that were made at
the suggestion or the recommendation of the
Office of Management and Budget.
[(7)] (8) Report.--Not later than March 31, 2000, the
Secretary shall transmit to the Congress a report
that--
(A) describes the implementation of the risk
assessment requirements of this section,
including the extent to which those
requirements have affected regulatory
decisionmaking and pipeline safety; and
(B) includes any recommendations that the
Secretary determines would make the risk
assessment process conducted pursuant to the
requirements under this chapter a more
effective means of assessing the benefits and
costs associated with alternative regulatory
and nonregulatory options in prescribing
standards under the Federal pipeline safety
regulatory program under this chapter.
(c) Public Safety Program Requirements.--(1) The Secretary
shall include in the standards prescribed under subsection (a)
of this section a requirement that an operator of a gas
pipeline facility participate in a public safety program that--
(A) notifies an operator of proposed demolition,
excavation, tunneling, or construction near or
affecting the facility;
(B) requires an operator to identify a pipeline
facility that may be affected by the proposed
demolition, excavation, tunneling, or construction, to
prevent damaging the facility; and
(C) the Secretary decides will protect a facility
adequately against a hazard caused by demolition,
excavation, tunneling, or construction.
(2) To the extent a public safety program referred to in
paragraph (1) of this subsection is not available, the
Secretary shall prescribe standards requiring an operator to
take action the Secretary prescribes to provide services
comparable to services that would be available under a public
safety program.
(3) The Secretary may include in the standards prescribed
under subsection (a) of this section a requirement that an
operator of a hazardous liquid pipeline facility participate in
a public safety program meeting the requirements of paragraph
(1) of this subsection or maintain and carry out a damage
prevention program that provides services comparable to
services that would be available under a public safety program.
(4) Promoting public awareness.--
(A) Not later than one year after the date of
enactment of the Accountable Pipeline Safety and
Accountability Act of 1996, and annually thereafter,
the owner or operator of each interstate gas pipeline
facility shall provide to the governing body of each
municipality in which the interstate gas pipeline
facility is located, a map identifying the location of
such facility.
(B)(i) Not later than June 1, 1998, the Secretary
shall survey and assess the public education programs
under section 60116 and the public safety programs
under section 60102(c) and determine their
effectiveness and applicability as components of a
model program. In particular, the survey shall include
the methods by which operators notify residents of the
location of the facility and its right of way, public
information regarding existing One-Call programs, and
appropriate procedures to be followed by residents of
affected municipalities in the event of accidents
involving interstate gas pipeline facilities.
(ii) Not later than one year after the survey and
assessment are completed, the Secretary shall institute
a rulemaking to determine the most effective public
safety and education program components and promulgate
if appropriate, standards implementing those components
on a nationwide basis. In the event that the Secretary
finds that promulgation of such standards are not
appropriate, the Secretary shall report to Congress the
reasons for that finding.
(d) Facility Operation Information Standards.--The Secretary
shall prescribe minimum standards requiring an operator of a
pipeline facility subject to this chapter to maintain, to the
extent practicable, information related to operating the
facility as required by the standards prescribed under this
chapter and, when requested, to make the information available
to the Secretary and an appropriate State official as
determined by the Secretary. The information shall include--
(1) the business name, address, and telephone number,
including an operations emergency telephone number, of
the operator;
(2) accurate maps and a supplementary geographic
description, including an identification of areas
described in regulations prescribed under section 60109
of this title, that show the location in the State of--
(A) major gas pipeline facilities of the
operator, including transmission lines and
significant distribution lines; and
(B) major hazardous liquid pipeline
facilities of the operator;
(3) a description of--
(A) the characteristics of the operator's
pipelines in the State; and
(B) products transported through the
operator's pipelines in the State;
(4) the manual that governs operating and maintaining
pipeline facilities in the State;
(5) an emergency response plan describing the
operator's procedures for responding to and containing
releases, including--
(A) identifying specific action the operator
will take on discovering a release;
(B) liaison procedures with State and local
authorities for emergency response; and
(C) communication and alert procedures for
immediately notifying State and local officials
at the time of a release; and
(6) other information the Secretary considers useful
to inform a State of the presence of pipeline
facilities and operations in the State.
(e) Pipe Inventory Standards.--The Secretary shall prescribe
minimum standards requiring an operator of a pipeline facility
subject to this chapter to maintain for the Secretary, to the
extent practicable, an inventory with appropriate information
about the types of pipe used for the transportation of gas or
hazardous liquid, as appropriate, in the operator's system and
additional information, including the material's history and
the leak history of the pipe. The inventory--
(1) for a gas pipeline facility, shall include an
identification of each facility passing through an area
described in regulations prescribed under section 60109
of this title but shall exclude equipment used with the
compression of gas; and
(2) for a hazardous liquid pipeline facility, shall
include an identification of each facility and
gathering line passing through an area described in
regulations prescribed under section 60109 of this
title, whether the facility or gathering line otherwise
is subject to this chapter, but shall exclude equipment
associated only with the pipeline pumps or storage
facilities.
(f) Standards as Accommodating ``Smart Pigs''.--
(1) Minimum safety standards.--The Secretary shall
prescribe minimum safety standards requiring that--
(A) the design and construction of new
natural gas transmission pipeline or hazardous
liquid pipeline facilities, and
(B) when the replacement of existing natural
gas transmission pipeline or hazardous liquid
pipeline facilities or equipment is required,
the replacement of such existing facilities be
carried out, to the extent practicable, in a
manner so as to accommodate the passage through
such natural gas transmission pipeline or
hazardous liquid pipeline facilities of
instrumented internal inspection devices
(commonly referred to as ``smart pigs''). The
Secretary may extend such standards to require
existing natural gas transmission pipeline or
hazardous liquid pipeline facilities, whose
basic construction would accommodate an
instrumented internal inspection device to be
modified to permit the inspection of such
facilities with instrumented internal
inspection devices.
(2) Periodic inspections.--Not later than October 24,
1995, the Secretary shall prescribe, if necessary,
additional standards requiring the periodic inspection
of each pipeline the operator of the pipeline
identifies under section 60109 of this title. The
standards shall include any circumstances under which
an inspection shall be conducted with an instrumented
internal inspection device and, if the device is not
required, use of an inspection method that is at least
as effective as using the device in providing for the
safety of the pipeline.
(g) Effective Dates.--A standard prescribed under this
section and section 60110 of this title is effective on the
30th day after the Secretary prescribes the standard. However,
the Secretary for good cause may prescribe a different
effective date when required because of the time reasonably
necessary to comply with the standard. The different date must
be specified in the regulation prescribing the standard.
(h) Safety Condition Reports.--(1) The Secretary shall
prescribe regulations requiring each operator of a pipeline
facility (except a master meter) to submit to the Secretary a
written report on any--
(A) condition that is a hazard to life, property, or
the environment; and
(B) safety-related condition that causes or has
caused a significant change or restriction in the
operation of a pipeline facility.
(2) The Secretary must receive the report not later than 5
working days after a representative of a person to which this
section applies first establishes that the condition exists.
Notice of the condition shall be given concurrently to
appropriate State authorities.
(i) Carbon Dioxide Regulation.--
(1) Transportation in liquid state.--The Secretary
shall regulate carbon dioxide transported by a
hazardous liquid pipeline facility. The Secretary shall
prescribe standards related to hazardous liquid to
ensure the safe transportation of carbon dioxide by
such a facility.
(2) Transportation in gaseous state.--
(A) Minimum safety standards.--The Secretary
shall prescribe minimum safety standards for
the transportation of carbon dioxide by
pipeline in a gaseous state.
(B) Considerations.--In establishing the
standards, the Secretary shall consider whether
applying the minimum safety standards in part
195 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of this
paragraph, for the transportation of carbon
dioxide in a liquid state to the transportation
of carbon dioxide in a gaseous state would
ensure safety.
(3) Limitation on statutory construction.--Nothing in
this subsection authorizes the Secretary to regulate
piping or equipment used in the production, extraction,
recovery, lifting, stabilization, separation, or
treatment of carbon dioxide or the preparation of
carbon dioxide for transportation by pipeline at
production, refining, or manufacturing facilities.
(j) Emergency Flow Restricting Devices.--(1) Not later than
October 24, 1994, the Secretary shall survey and assess the
effectiveness of emergency flow restricting devices (including
remotely controlled valves and check valves) and other
procedures, systems, and equipment used to detect and locate
hazardous liquid pipeline ruptures and minimize product
releases from hazardous liquid pipeline facilities.
(2) Not later than 2 years after the survey and assessment
are completed, the Secretary shall prescribe standards on the
circumstances under which an operator of a hazardous liquid
pipeline facility must use an emergency flow restricting device
or other procedure, system, or equipment described in paragraph
(1) of this subsection on the facility.
(k) Low-Stress Hazardous Liquid Pipelines.--
(1) Minimum standards.--Not later than December 31,
2007, the Secretary shall issue regulations subjecting
low-stress hazardous liquid pipelines to the same
standards and regulations as other hazardous liquid
pipelines, except as provided in paragraph (3). The
implementation of the applicable standards and
regulatory requirements may be phased in. The
regulations issued under this paragraph shall not apply
to gathering lines.
(2) General prohibition against low internal stress
exception.--Except as provided in paragraph (3), the
Secretary may not provide an exception to the
requirements of this chapter for a hazardous liquid
pipeline because the pipeline operates at low internal
stress.
(3) Limited exceptions.--The Secretary shall provide
or continue in force exceptions to this subsection for
low-stress hazardous liquid pipelines that--
(A) are subject to safety regulations of the
United States Coast Guard; or
(B) serve refining, manufacturing, or truck,
rail, or vessel terminal facilities if the
pipeline is less than 1 mile long (measured
outside the facility grounds) and does not
cross an offshore area or a waterway currently
used for commercial navigation,
until regulations issued under paragraph (1) become
effective.
After such regulations become effective, the Secretary
may retain or remove those exceptions as appropriate.
(4) Relationship to other laws.--Nothing in this
subsection shall be construed to prohibit or otherwise
affect the applicability of any other statutory or
regulatory exemption to any hazardous liquid pipeline.
(5) Definition.--For purposes of this subsection, the
term ``low-stress hazardous liquid pipeline'' means a
hazardous liquid pipeline that is operated in its
entirety at a stress level of 20 percent or less of the
specified minimum yield strength of the line pipe.
(6) Effective date.--The requirements of this
subsection shall not take effect as to low-stress
hazardous liquid pipeline operators before the
effective date of the rules promulgated by the
Secretary under this subsection.
(l) Updating Standards.--The Secretary shall, to the extent
appropriate and practicable, update incorporated industry
standards that have been adopted as part of the Federal
pipeline safety regulatory program under this chapter.
(m) Inspections by Direct Assessment.--Not later than 1 year
after the date of the enactment of this subsection, the
Secretary shall issue regulations prescribing standards for
inspection of a pipeline facility by direct assessment.
(n) Automatic and Remote-Controlled Shut-off Valves for New
Transmission Pipelines.--
(1) In general.--Not later than 2 years after the
date of enactment of this subsection, and after
considering the factors specified in subsection (b)(2),
the Secretary, if appropriate, shall require by
regulation the use of automatic or remote-controlled
shut-off valves, or equivalent technology, where
economically, technically, and operationally feasible
on transmission pipeline facilities constructed or
entirely replaced after the date on which the Secretary
issues the final rule containing such requirement.
(2) High-consequence area study.--
(A) Study.--The Comptroller General of the
United States shall conduct a study on the
ability of transmission pipeline facility
operators to respond to a hazardous liquid or
gas release from a pipeline segment located in
a high-consequence area.
(B) Considerations.--In conducting the study,
the Comptroller General shall consider the
swiftness of leak detection and pipeline
shutdown capabilities, the location of the
nearest response personnel, and the costs,
risks, and benefits of installing automatic and
remote-controlled shut-off valves.
(C) Report.--Not later than 1 year after the
date of enactment of this subsection, the
Comptroller General shall submit to the
Committee on Transportation and Infrastructure
and the Committee on Energy and Commerce of the
House of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report on the results of the study.
(o) Transportation-Related Oil Flow Lines.--
(1) Data collection.--The Secretary may collect
geospatial or technical data on transportation-related
oil flow lines, including unregulated transportation-
related oil flow lines.
(2) Transportation-related oil flow line defined.--In
this subsection, the term ``transportation-related oil
flow line'' means a pipeline transporting oil off of
the grounds of the well where it originated and across
areas not owned by the producer, regardless of the
extent to which the oil has been processed, if at all.
(3) Limitation.--Nothing in this subsection
authorizes the Secretary to prescribe standards for the
movement of oil through production, refining, or
manufacturing facilities or through oil production flow
lines located on the grounds of wells.
(p) Limitation on Incorporation of Documents by Reference.--
Beginning 3 years after the date of enactment of this
subsection, the Secretary may not issue a regulation pursuant
to this chapter that incorporates by reference any documents or
portions thereof unless the documents or portions thereof are
made available to the public, free of charge.
Sec. 60103. Standards for liquefied natural gas pipeline facilities
(a) Location Standards.--The Secretary of Transportation
shall prescribe minimum safety standards for deciding on the
location of a new liquefied natural gas pipeline facility. In
prescribing a standard, the Secretary shall consider the--
(1) kind and use of the facility;
(2) existing and projected population and demographic
characteristics of the location;
(3) existing and proposed land use near the location;
(4) natural physical aspects of the location;
(5) medical, law enforcement, and fire prevention
capabilities near the location that can cope with a
risk caused by the facility[; and];
(6) need to encourage remote siting[.]; and
(7) national security.
(b) Design, Installation, Construction, Inspection, and
Testing Standards.--The Secretary of Transportation shall
prescribe minimum safety standards for designing, installing,
constructing, initially inspecting, and initially testing a new
liquefied natural gas pipeline facility. When prescribing a
standard, the Secretary shall consider--
(1) the characteristics of material to be used in
constructing the facility and of alternative material;
(2) design factors;
(3) the characteristics of the liquefied natural gas
to be stored or converted at, or transported by, the
facility; and
(4) the public safety factors of the design and of
alternative designs, particularly the ability to
prevent and contain a liquefied natural gas spill.
(c) Nonapplication.--(1) Except as provided in paragraph (2)
of this subsection, a design, location, installation,
construction, initial inspection, or initial testing standard
prescribed under this chapter after March 1, 1978, does not
apply to an existing liquefied natural gas pipeline facility if
the standard is to be applied because of authority given--
(A) under this chapter; or
(B) under another law, and the standard is not
prescribed at the time the authority is applied.
(2)(A) Any design, installation, construction, initial
inspection, or initial testing standard prescribed under this
chapter after March 1, 1978, may provide that the standard
applies to any part of a replacement component of a liquefied
natural gas pipeline facility if the component or part is
placed in service after the standard is prescribed and
application of the standard--
(i) does not make the component or part incompatible
with other components or parts; or
(ii) is not impracticable otherwise.
(B) Any location standard prescribed under this chapter after
March 1, 1978, does not apply to any part of a replacement
component of an existing liquefied natural gas pipeline
facility.
(3) A design, installation, construction, initial inspection,
or initial testing standard does not apply to a liquefied
natural gas pipeline facility existing when the standard is
adopted.
(d) Operation and Maintenance Standards.--The Secretary of
Transportation shall prescribe minimum operating and
maintenance standards for a liquefied natural gas pipeline
facility. In prescribing a standard, the Secretary shall
consider--
(1) the conditions, features, and type of equipment
and structures that make up or are used in connection
with the facility;
(2) the fire prevention and containment equipment at
the facility;
(3) security measures to prevent an intentional act
that could cause a liquefied natural gas accident;
(4) maintenance procedures and equipment;
(5) the training of personnel in matters specified by
this subsection[; and];
(6) other factors and conditions related to the safe
handling of liquefied natural gas[.]; and
(7) cybersecurity measures.
(e) Effective Dates.--A standard prescribed under this
section is effective on the 30th day after the Secretary of
Transportation prescribes the standard. However, the Secretary
for good cause may prescribe a different effective date when
required because of the time reasonably necessary to comply
with the standard. The different date must be specified in the
regulation prescribing the standard.
(f) Contingency Plans.--A new liquefied natural gas pipeline
facility may be operated only after the operator submits an
adequate contingency plan that states the action to be taken if
a liquefied natural gas accident occurs. The Secretary of
Energy or appropriate State or local authority shall decide if
the plan is adequate.
(g) Effect on Other Standards.--This section does not
preclude applying a standard prescribed under section 60102 of
this title to a gas pipeline facility (except a liquefied
natural gas pipeline facility) associated with a liquefied
natural gas pipeline facility.
Sec. 60103a. Standards for underground gas storage facilities
(a) Minimum Safety Standards.--Not later than 2 years after
the date of the enactment of this section, the Secretary of
Transportation, in consultation with the heads of other
relevant Federal agencies, shall issue minimum safety
standards, incorporating, to the extent practicable, consensus
standards for the operation and integrity management of, and
environmental protection with respect to, underground gas
storage facilities.
(b) Considerations.--In developing safety standards under
subsection (a), the Secretary shall--
(1) consider the economic impacts of the standards on
consumers, including individual gas customers, and
minimize such impacts to the extent practicable; and
(2) consider existing consensus standards.
(c) Federal-State Cooperation.--The Secretary may authorize a
State authority (including a municipality) to participate in
the oversight of underground gas storage facilities in the same
manner as provided in sections 60105 and 60106.
(d) Rules of Construction.--
(1) In general.--Nothing in this section may be
construed to affect any Federal regulation relating to
gas pipeline facilities that is in effect on the day
before the date of enactment of this section.
(2) Limitations.--Nothing in this section may be
construed to authorize the Secretary--
(A) to prescribe the location of an
underground gas storage facility; or
(B) to require the Secretary's permission to
construct an underground gas storage facility.
* * * * * * *
Sec. 60108. Inspection and maintenance
(a) Plans.--(1) Each person owning or operating a gas
pipeline facility or hazardous liquid pipeline facility shall
carry out a current written plan (including any changes) for
inspection and maintenance of each facility used in the
transportation and owned or operated by the person. A copy of
the plan shall be kept at any office of the person the
Secretary of Transportation considers appropriate. The
Secretary also may require a person owning or operating a
pipeline facility subject to this chapter to file a plan for
inspection and maintenance for approval.
(2) If the Secretary or a State authority responsible for
enforcing standards prescribed under this chapter decides that
a plan required under paragraph (1) of this subsection is
inadequate for safe operation, the Secretary or authority shall
require the person to revise the plan. Revision may be required
only after giving notice and an opportunity for a hearing. A
plan required under paragraph (1) must be practicable and
designed to meet the need for pipeline safety and must include
terms designed to enhance the ability to discover safety-
related conditions described in section 60102(h)(1) of this
title. In deciding on the adequacy of a plan, the Secretary or
authority shall consider--
(A) relevant available pipeline safety information;
(B) the appropriateness of the plan for the
particular kind of pipeline transportation or facility;
(C) the reasonableness of the plan; and
(D) the extent to which the plan will contribute to
public safety and the protection of the environment.
(3) A plan required under this subsection shall be made
available to the Secretary or State authority on request under
section 60117 of this title.
(b) Inspection and Testing.--(1) The Secretary shall inspect
and require appropriate testing of a pipeline facility subject
to this chapter that is not covered by a certification under
section 60105 of this title or an agreement under section 60106
of this title. The Secretary shall decide on the frequency and
type of inspection and testing under this subsection on a case-
by-case basis after considering the following:
(A) the location of the pipeline facility.
(B) the type, size, age, manufacturer, method of
construction, and condition of the pipeline facility.
(C) the nature and volume of material transported
through the pipeline facility.
(D) the pressure at which that material is
transported.
(E) climatic, geologic, and seismic characteristics
(including soil characteristics) and conditions of the
area in which the pipeline facility is located.
(F) existing and projected population and demographic
characteristics of the area in which the pipeline
facility is located.
(G) for a hazardous liquid pipeline facility, the
proximity of the area in which the facility is located
to an area that is unusually sensitive to environmental
damage.
(H) the frequency of leaks.
(I) other factors the Secretary decides are relevant
to the safety of pipeline facilities.
(2) To the extent and in amounts provided in advance in an
appropriation law, the Secretary shall decide on the frequency
of inspection under paragraph (1) of this subsection. The
Secretary may reduce the frequency of an inspection of a master
meter system.
(3) Testing under this subsection shall use the most
appropriate technology practicable.
(c) Pipeline Facilities Offshore and in Other Waters.--(1) In
this subsection--
(A) ``abandoned'' means permanently removed from
service.
(B) ``pipeline facility'' includes an underwater
abandoned pipeline facility.
(C) if a pipeline facility has no operator, the most
recent operator of the facility is deemed to be the
operator of the facility.
(2)(A) Not later than May 16, 1993, on the basis of
experience with the inspections under section 3(h)(1)(A) of the
Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A)
of the Hazardous Liquid Pipeline Safety Act of 1979, as
appropriate, and any other information available to the
Secretary, the Secretary shall establish a mandatory,
systematic, and, where appropriate, periodic inspection program
of--
(i) all offshore pipeline facilities; and
(ii) any other pipeline facility crossing under,
over, or through waters where a substantial likelihood
of commercial navigation exists, if the Secretary
decides that the location of the facility in those
waters could pose a hazard to navigation or public
safety.
(B) In prescribing standards to carry out subparagraph (A) of
this paragraph--
(i) the Secretary shall identify what is a hazard to
navigation with respect to an underwater abandoned
pipeline facility; and
(ii) for an underwater pipeline facility abandoned
after October 24, 1992, the Secretary shall include
requirements that will lessen the potential that the
facility will pose a hazard to navigation and shall
consider the relationship between water depth and
navigational safety and factors relevant to the local
marine environment.
(3)(A) The Secretary shall establish by regulation a program
requiring an operator of a pipeline facility described in
paragraph (2) of this subsection to report a potential or
existing navigational hazard involving that pipeline facility
to the Secretary through the appropriate Coast Guard office.
(B) The operator of a pipeline facility described in
paragraph (2) of this subsection that discovers any part of the
pipeline facility that is a hazard to navigation shall mark the
location of the hazardous part with a Coast-Guard-approved
marine buoy or marker and immediately shall notify the
Secretary as provided by the Secretary under subparagraph (A)
of this paragraph. A marine buoy or marker used under this
subparagraph is deemed a pipeline sign or right-of-way marker
under section 60123(c) of this title.
(4)(A) The Secretary shall establish a standard that each
pipeline facility described in paragraph (2) of this subsection
that is a hazard to navigation is buried not later than 6
months after the date the condition of the facility is reported
to the Secretary. The Secretary may extend that 6-month period
for a reasonable period to ensure compliance with this
paragraph.
(B) In prescribing standards for subparagraph (A) of this
paragraph for an underwater pipeline facility abandoned after
October 24, 1992, the Secretary shall include requirements that
will lessen the potential that the facility will pose a hazard
to navigation and shall consider the relationship between water
depth and navigational safety and factors relevant to the local
marine environment.
(5)(A) Not later than October 24, 1994, the Secretary shall
establish standards on what is an exposed offshore pipeline
facility and what is a hazard to navigation under this
subsection.
(B) Not later than 6 months after the Secretary establishes
standards under subparagraph (A) of this paragraph, or October
24, 1995, whichever occurs first, the operator of each offshore
pipeline facility not described in section 3(h)(1)(A) of the
Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A)
of the Hazardous Liquid Pipeline Safety Act of 1979, as
appropriate, shall inspect the facility and report to the
Secretary on any part of the facility that is exposed or is a
hazard to navigation. This subparagraph applies only to a
facility that is between the high water mark and the point at
which the subsurface is under 15 feet of water, as measured
from mean low water. An inspection that occurred after October
3, 1989, may be used for compliance with this subparagraph if
the inspection conforms to the requirements of this
subparagraph.
(C) The Secretary may extend the time period specified in
subparagraph (B) of this paragraph for not more than 6 months
if the operator of a facility satisfies the Secretary that the
operator has made a good faith effort, with reasonable
diligence, but has been unable to comply by the end of that
period.
(6)(A) The operator of a pipeline facility abandoned after
October 24, 1992, shall report the abandonment to the Secretary
in a way that specifies whether the facility has been abandoned
properly according to applicable United States Government and
State requirements.
(B) Not later than October 24, 1995, the operator of a
pipeline facility abandoned before October 24, 1992, shall
report to the Secretary reasonably available information
related to the facility, including information that a third
party possesses. The information shall include the location,
size, date, and method of abandonment, whether the facility has
been abandoned properly under applicable law, and other
relevant information the Secretary may require. Not later than
April 24, 1994, the Secretary shall specify how the information
shall be reported. The Secretary shall ensure that the
Government maintains the information in a way accessible to
appropriate Government agencies and State authorities.
(C) The Secretary shall request that a State authority having
information on a collision between a vessel and an underwater
pipeline facility report the information to the Secretary in a
timely way and make a reasonable effort to specify the
location, date, and severity of the collision. Chapter 35 of
title 44 does not apply to this subparagraph.
(7) The Secretary may not exempt from this chapter an
offshore hazardous liquid pipeline facility only because the
pipeline facility transfers hazardous liquid in an underwater
pipeline between a vessel and an onshore facility.
(8) If, after reviewing existing Federal and State
regulations for hazardous liquid gathering lines located
offshore in the United States, including within the inlets of
the Gulf of Mexico, the Secretary determines it is appropriate,
the Secretary shall issue regulations, after notice and an
opportunity for a hearing, subjecting offshore hazardous liquid
gathering lines and hazardous liquid gathering lines located
within the inlets of the Gulf of Mexico to the same standards
and regulations as other hazardous liquid gathering lines. The
regulations issued under this paragraph shall not apply to
production pipelines or flow lines.
(d) Replacing Cast Iron Gas Pipelines.--(1) The Secretary
shall publish a notice on the availability of industry
guidelines, developed by the Gas Piping Technology Committee,
for replacing cast iron pipelines. Not later than 2 years after
the guidelines become available, the Secretary shall conduct a
survey of gas pipeline operators with cast iron pipe in their
systems to establish--
(A) the extent to which each operator has adopted a
plan for the safe management and replacement of cast
iron;
(B) the elements of the plan, including the
anticipated rate of replacement; and
(C) the progress that has been made.
(2) Chapter 35 of title 44 does not apply to the conduct of
the survey.
(3) This subsection does not prevent the Secretary from
developing Government guidelines or standards for cast iron gas
pipelines as the Secretary considers appropriate.
(4) Not later than December 31, 2012, and every 2 years
thereafter, the Secretary shall conduct a follow-up survey to
measure the progress that owners and operators of pipeline
facilities have made in adopting and implementing their plans
for the safe management and replacement of cast iron gas
pipelines.
(e) In General.--Not later than 30 days after the completion
of a pipeline safety inspection, the Secretary or the State
authority for which a certification is in effect under section
60105, as applicable, shall--
(1) conduct a post-inspection briefing with the
operator of the pipeline facility, outlining any
concerns; and
(2) to the extent practicable, provide written
findings of the inspection, which may include a final
report, notice of amendment of plans or procedures,
safety order, or corrective action order, or any other
applicable report, notice, or order.
Sec. 60109. High-density population areas and environmentally sensitive
areas
(a) Identification Requirements.--Not later than October 24,
1994, the Secretary of Transportation shall prescribe standards
that--
(1) establish criteria for identifying--
(A) by operators of gas pipeline facilities,
each gas pipeline facility (except a natural
gas distribution line) located in a high-
density population area; and
(B) by operators of hazardous liquid pipeline
facilities and gathering lines--
(i) each hazardous liquid pipeline
facility, whether otherwise subject to
this chapter, that crosses waters where
a substantial likelihood of commercial
navigation exists or that is located in
an area described in the criteria as a
high-density population area; and
(ii) each hazardous liquid pipeline
facility and gathering line, whether
otherwise subject to this chapter,
located in an area that the Secretary,
in consultation with the Administrator
of the Environmental Protection Agency,
describes as unusually sensitive to
environmental damage if there is a
hazardous liquid pipeline accident; and
(2) provide that the identification be carried out
through the inventory required under section 60102(e)
of this title.
(b) Areas To Be Included as Unusually Sensitive.--When
describing areas that are unusually sensitive to environmental
damage if there is a hazardous liquid pipeline accident, the
Secretary shall consider areas where a pipeline rupture would
likely cause permanent or long-term environmental damage,
including--
(1) locations near pipeline rights-of-way that are
critical to drinking water, including intake locations
for community water systems and critical sole source
aquifer protection areas; and
(2) locations near pipeline rights-of-way that [have
been identified as] are part of the Great Lakes or have
been identified as coastal beaches, critical wetlands,
riverine or estuarine systems, national parks,
wilderness areas, wildlife preservation areas or
refuges, wild and scenic rivers, or critical habitat
areas for threatened and endangered species.
(c) Risk Analysis and Integrity Management Programs.--
(1) Requirement.--Each operator of a gas pipeline
facility shall conduct an analysis of the risks to each
facility of the operator located in an area identified
pursuant to subsection (a)(1) and defined in chapter
192 of title 49, Code of Federal Regulations, including
any subsequent modifications, and shall adopt and
implement a written integrity management program for
such facility to reduce the risks.
(2) Regulations.--
(A) In general.--Not later than 12 months
after the date of enactment of this subsection,
the Secretary shall issue regulations
prescribing standards to direct an operator's
conduct of a risk analysis and adoption and
implementation of an integrity management
program under this subsection. The regulations
shall require an operator to conduct a risk
analysis and adopt an integrity management
program within a time period prescribed by the
Secretary, ending not later than 24 months
after such date of enactment. Not later than 18
months after such date of enactment, each
operator of a gas pipeline facility shall begin
a baseline integrity assessment described in
paragraph (3).
(B) Authority to issue regulations.--The
Secretary may satisfy the requirements of this
paragraph through the issuance of regulations
under this paragraph or under other authority
of law.
(3) Minimum requirements of integrity management
programs.--An integrity management program required
under paragraph (1) shall include, at a minimum, the
following requirements:
(A) A baseline integrity assessment of each
of the operator's facilities in areas
identified pursuant to subsection (a)(1) and
defined in chapter 192 of title 49, Code of
Federal Regulations, including any subsequent
modifications, by internal inspection device,
pressure testing, direct assessment, or an
alternative method that the Secretary
determines would provide an equal or greater
level of safety. The operator shall complete
such assessment not later than 10 years after
the date of enactment of this subsection. At
least 50 percent of such facilities shall be
assessed not later than 5 years after such date
of enactment. The operator shall prioritize
such facilities for assessment based on all
risk factors, including any previously
discovered defects or anomalies and any history
of leaks, repairs, or failures. The operator
shall ensure that assessments of facilities
with the highest risks are given priority for
completion and that such assessments will be
completed not later than 5 years after such
date of enactment.
(B) Subject to paragraph (5), periodic
reassessments of the facility, at a minimum of
once every 7 calendar years, using methods
described in subparagraph (A). The Secretary
may extend such deadline for an additional 6
months if the operator submits written notice
to the Secretary with sufficient justification
of the need for the extension.
(C) Clearly defined criteria for evaluating
the results of assessments conducted under
subparagraphs (A) and (B) and for taking
actions based on such results.
(D) A method for conducting an analysis on a
continuing basis that integrates all available
information about the integrity of the facility
and the consequences of releases from the
facility.
(E) A description of actions to be taken by
the operator to promptly address any integrity
issue raised by an evaluation conducted under
subparagraph (C) or the analysis conducted
under subparagraph (D).
(F) A description of measures to prevent and
mitigate the consequences of releases from the
facility.
(G) A method for monitoring cathodic
protection systems throughout the pipeline
system of the operator to the extent not
addressed by other regulations.
(H) If the Secretary raises a safety concern
relating to the facility, a description of the
actions to be taken by the operator to address
the safety concern, including issues raised
with the Secretary by States and local
authorities under an agreement entered into
under section 60106.
(4) Treatment of baseline integrity assessments.--In
the case of a baseline integrity assessment conducted
by an operator in the period beginning on the date of
enactment of this subsection and ending on the date of
issuance of regulations under this subsection, the
Secretary shall accept the assessment as complete, and
shall not require the operator to repeat any portion of
the assessment, if the Secretary determines that the
assessment was conducted in accordance with the
requirements of this subsection.
(5) Waivers and modifications.--In accordance with
section 60118(c), the Secretary may waive or modify any
requirement for reassessment of a facility under
paragraph (3)(B) for reasons that may include the need
to maintain local product supply or the lack of
internal inspection devices if the Secretary determines
that such waiver is not inconsistent with pipeline
safety.
(6) Standards.--The standards prescribed by the
Secretary under paragraph (2) shall address each of the
following factors:
(A) The minimum requirements described in
paragraph (3).
(B) The type or frequency of inspections or
testing of pipeline facilities, in addition to
the minimum requirements of paragraph (3)(B).
(C) The manner in which the inspections or
testing are conducted.
(D) The criteria used in analyzing results of
the inspections or testing.
(E) The types of information sources that
must be integrated in assessing the integrity
of a pipeline facility as well as the manner of
integration.
(F) The nature and timing of actions selected
to address the integrity of a pipeline
facility.
(G) Such other factors as the Secretary
determines appropriate to ensure that the
integrity of a pipeline facility is addressed
and that appropriate mitigative measures are
adopted to protect areas identified under
subsection (a)(1).
In prescribing those standards, the Secretary shall
ensure that all inspections required are conducted in a
manner that minimizes environmental and safety risks,
and shall take into account the applicable level of
protection established by national consensus standards
organizations.
(7) Additional optional standards.--The Secretary may
also prescribe standards requiring an operator of a
pipeline facility to include in an integrity management
program under this subsection--
(A) changes to valves or the establishment or
modification of systems that monitor pressure
and detect leaks based on the operator's risk
analysis; and
(B) the use of emergency flow restricting
devices.
(8) Lack of regulations.--In the absence of
regulations addressing the elements of an integrity
management program described in this subsection, the
operator of a pipeline facility shall conduct a risk
analysis and adopt and implement an integrity
management program described in this subsection not
later than 24 months after the date of enactment of
this subsection and shall complete the baseline
integrity assessment described in this subsection not
later than 10 years after such date of enactment. At
least 50 percent of such facilities shall be assessed
not later than 5 years after such date of enactment.
The operator shall prioritize such facilities for
assessment based on all risk factors, including any
previously discovered defects or anomalies and any
history of leaks, repairs, or failures. The operator
shall ensure that assessments of facilities with the
highest risks are given priority for completion and
that such assessments will be completed not later than
5 years after such date of enactment.
(9) Review of integrity management programs.--
(A) Review of programs.--
(i) In general.--The Secretary shall
review a risk analysis and integrity
management program under paragraph (1)
and record the results of that review
for use in the next review of an
operator's program.
(ii) Context of review.--The
Secretary may conduct a review under
clause (i) as an element of the
Secretary's inspection of an operator.
(iii) Inadequate programs.--If the
Secretary determines that a risk
analysis or integrity management
program does not comply with the
requirements of this subsection or
regulations issued as described in
paragraph (2), has not been adequately
implemented, or is inadequate for the
safe operation of a pipeline facility,
the Secretary may conduct proceedings
under this chapter.
(B) Amendments to programs.--In order to
facilitate reviews under this paragraph, an
operator of a pipeline facility shall notify
the Secretary of any amendment made to the
operator's integrity management program not
later than 30 days after the date of adoption
of the amendment. The Secretary shall review
any such amendment in accordance with this
paragraph.
(C) Transmittal of programs to State
authorities.--The Secretary shall provide a
copy of each risk analysis and integrity
management program reviewed by the Secretary
under this paragraph to any appropriate State
authority with which the Secretary has entered
into an agreement under section 60106.
(10) State review of integrity management plans.--A
State authority that enters into an agreement pursuant
to section 60106, permitting the State authority to
review the risk analysis and integrity management
program pursuant to paragraph (9), may provide the
Secretary with a written assessment of the risk
analysis and integrity management program, make
recommendations, as appropriate, to address safety
concerns not adequately addressed by the operator's
risk analysis or integrity management program, and
submit documentation explaining the State-proposed
revisions. The Secretary shall consider carefully the
State's proposals and work in consultation with the
States and operators to address safety concerns.
(11) Application of standards.--Section 60104(b)
shall not apply to this section.
(d) Evaluation of Integrity Management Regulations.--Not
later than 4 years after the date of enactment of this
subsection, the Comptroller General shall complete an
assessment and evaluation of the effects on public safety and
the environment of the requirements for the implementation of
integrity management programs contained in the standards
prescribed as described in subsection (c)(2).
(e) Distribution Integrity Management Programs.--
(1) Minimum standards.--Not later than December 31,
2007, the Secretary shall prescribe minimum standards
for integrity management programs for distribution
pipelines.
(2) Additional authority of Secretary.--In carrying
out this subsection, the Secretary may require
operators of distribution pipelines to continually
identify and assess risks on their distribution lines,
to remediate conditions that present a potential threat
to line integrity, and to monitor program
effectiveness.
(3) Excess flow valves.--
(A) In general.--The minimum standards shall
include a requirement for an operator of a
natural gas distribution system to install an
excess flow valve on each single family
residence service line connected to such system
if--
(i) the service line is installed or
entirely replaced after June 1, 2008;
(ii) the service line operates
continuously throughout the year at a
pressure not less than 10 pounds per
square inch gauge;
(iii) the service line is not
connected to a gas stream with respect
to which the operator has had prior
experience with contaminants the
presence of which could interfere with
the operation of an excess flow valve;
(iv) the installation of an excess
flow valve on the service line is not
likely to cause loss of service to the
residence or interfere with necessary
operation or maintenance activities,
such as purging liquids from the
service line; and
(v) an excess flow valve meeting
performance standards developed under
section 60110(e) of title 49, United
States Code, is commercially available
to the operator, as determined by the
Secretary.
(B) Distribution branch services, multifamily
facilities, and small commercial facilities.--
Not later than 2 years after the date of
enactment of the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011, and
after issuing a final report on the evaluation
of the National Transportation Safety Board's
recommendation on excess flow valves in
applications other than service lines serving
one single family residence, the Secretary, if
appropriate, shall by regulation require the
use of excess flow valves, or equivalent
technology, where economically, technically,
and operationally feasible on new or entirely
replaced distribution branch services,
multifamily facilities, and small commercial
facilities.
(C) Reports.--Operators of natural gas
distribution systems shall report annually to
the Secretary on the number of excess flow
valves installed on their systems under
subparagraph (A).
(4) Applicability.--The Secretary shall determine
which distribution pipelines will be subject to the
minimum standards.
(5) Development and implementation.--Each operator of
a distribution pipeline that the Secretary determines
is subject to the minimum standards prescribed by the
Secretary under this subsection shall develop and
implement an integrity management program in accordance
with those standards.
(6) Savings clause.--Subject to section 60104(c), a
State authority having a current certification under
section 60105 may adopt or continue in force additional
integrity management requirements, including additional
requirements for installation of excess flow valves,
for gas distribution pipelines within the boundaries of
that State.
(f) Certification of Pipeline Integrity Management Program
Performance.--The Secretary shall establish procedures
requiring certification of annual and semiannual pipeline
integrity management program performance reports by a senior
executive officer of the company operating a pipeline subject
to this chapter. The procedures shall require a signed
statement, which may be effected electronically in accordance
with the provisions of the Electronic Signatures in Global and
National Commerce Act (15 U.S.C. 7001 et seq.), certifying
that--
(1) the signing officer has reviewed the report; and
(2) to the best of such officer's knowledge and
belief, the report is true and complete.
(g) Hazardous Liquid Pipeline Facilities.--
(1) Integrity assessments.--Notwithstanding any
pipeline integrity management program or integrity
assessment schedule otherwise required by the
Secretary, each operator of a pipeline facility to
which this subsection applies shall ensure that
pipeline integrity assessments--
(A) using internal inspection technology are
completed not less often than once every 12
months; and
(B) using pipeline route surveys, depth of
cover surveys, pressure tests, external
corrosion direct assessment, or other
technology that the operator demonstrates can
further the understanding of the condition of
the pipeline facility are completed on a
schedule based on the risk that the pipeline
facility poses to the high consequence area in
which the pipeline facility is located.
(2) Application.--This subsection shall apply to any
underwater hazardous liquid pipeline facility located
in a high consequence area--
(A) that is not an offshore pipeline
facility; and
(B) any portion of which is located at depths
greater than 150 feet under the surface of the
water.
(3) High consequence area defined.--For purposes of
this subsection, the term ``high consequence area'' has
the meaning given that term in section 195.450 of title
49, Code of Federal Regulations.
(4) Inspection and enforcement.--The Secretary shall
conduct inspections under section 60117(c) to determine
whether each operator of a pipeline facility to which
this subsection applies is complying with this section.
* * * * * * *
Sec. 60115. Technical safety standards committees
(a) Organization.--The Technical Pipeline Safety Standards
Committee and the Technical Hazardous Liquid Pipeline Safety
Standards Committee are committees in the Department of
Transportation. The committees referred to in the preceding
sentence shall serve as peer review committees for carrying out
this chapter. Peer reviews conducted by the committees shall be
treated for purposes of all Federal laws relating to risk
assessment and peer review (including laws that take effect
after the date of the enactment of the Accountable Pipeline
Safety and Partnership Act of 1996) as meeting any peer review
requirements of such laws.
(b) Composition and Appointment.--(1) The Technical Pipeline
Safety Standards Committee is composed of 15 members appointed
by the Secretary of Transportation after consulting with public
and private agencies concerned with the technical aspect of
transporting gas or operating a gas pipeline facility. Each
member must be experienced in the safety regulation of
transporting gas and of gas pipeline facilities or technically
qualified, by training, experience, or knowledge in at least
one field of engineering applicable to transporting gas or
operating a gas pipeline facility, to evaluate gas pipeline
safety standards or risk management principles.
(2) The Technical Hazardous Liquid Pipeline Safety Standards
Committee is composed of 15 members appointed by the Secretary
after consulting with public and private agencies concerned
with the technical aspect of transporting hazardous liquid or
operating a hazardous liquid pipeline facility. Each member
must be experienced in the safety regulation of transporting
hazardous liquid and of hazardous liquid pipeline facilities or
technically qualified, by training, experience, or knowledge in
at least one field of engineering applicable to transporting
hazardous liquid or operating a hazardous liquid pipeline
facility, to evaluate hazardous liquid pipeline safety
standards or risk management principles.
(3) The members of each committee are appointed as follows:
(A) 5 individuals selected from departments,
agencies, and instrumentalities of the United States
Government and of the States.
(B) 5 individuals selected from the natural gas or
hazardous liquid industry, as appropriate, after
consulting with industry representatives.
(C) 5 individuals selected from the general public.
(4)(A) Two of the individuals selected for each committee
under paragraph (3)(A) of this subsection must be [State
commissioners. The Secretary shall consult with the national
organization of State commissions before selecting those 2
individuals.] State officials. The Secretary shall consult with
national organizations representing State commissioners or
utility regulators when making a selection under this
subparagraph.
(B) At least 3 of the individuals selected for each committee
under paragraph (3)(B) of this subsection must be currently in
the active operation of natural gas pipelines or hazardous
liquid pipeline facilities, as appropriate. At least 1 of the
individuals selected for each committee under paragraph (3)(B)
shall have education, background, or experience in risk
assessment and cost-benefit analysis. The Secretary shall
consult with the national organizations representing the owners
and operators of pipeline facilities before selecting
individuals under paragraph (3)(B).
(C) Two of the individuals selected for each committee under
paragraph (3)(C) of this subsection must have education,
background, or experience in environmental protection or public
safety. At least 1 of the individuals selected for each
committee under paragraph (3)(C) shall have education,
background, or experience in risk assessment and cost-benefit
analysis. At least one individual selected for each committee
under paragraph (3)(C) may not have a financial interest in the
pipeline, petroleum, or natural gas industries.
(D) None of the individuals selected for a committee under
paragraph (3)(C) may have a significant financial interest in
the pipeline, petroleum, or gas industry.
(c) Committee Reports on Proposed Standards.--(1) The
Secretary shall give to--
(A) the Technical Pipeline Safety Standards Committee
each standard proposed under this chapter for
transporting gas and for gas pipeline facilities
including the risk assessment information and other
analyses supporting each proposed standard; and
(B) the Technical Hazardous Liquid Pipeline Safety
Standards Committee each standard proposed under this
chapter for transporting hazardous liquid and for
hazardous liquid pipeline facilities including the risk
assessment information and other analyses supporting
each proposed standard.
(2) Not later than 90 days after receiving the proposed
standard and supporting analyses, the appropriate committee
shall prepare and submit to the Secretary a report on the
technical feasibility, reasonableness, cost-effectiveness, and
practicability of the proposed standard and include in the
report recommended actions. The Secretary shall publish each
report, including any recommended actions and minority views.
The report if timely made is part of the proceeding for
prescribing the standard. The Secretary is not bound by the
conclusions of the committee. However, if the Secretary rejects
the conclusions of the committee, the Secretary shall publish
the reasons.
(3) The Secretary may prescribe a standard after the end of
the 90-day period.
(d) Proposed Committee Standards and Policy Development
Recommendations.--(1) The Technical Pipeline Safety Standards
Committee may propose to the Secretary a safety standard for
transporting gas and for gas pipeline facilities. The Technical
Hazardous Liquid Pipeline Safety Standards Committee may
propose to the Secretary a safety standard for transporting
hazardous liquid and for hazardous liquid pipeline facilities.
(2) If requested by the Secretary, a committee shall make
policy development recommendations to the Secretary.
(e) Meetings.--Each committee shall meet with the Secretary
at least up to 4 times annually. Each committee proceeding
shall be recorded. The record of the proceeding shall be
available to the public.
(f) Expenses.--A member of a committee under this section is
entitled to expenses under section 5703 of title 5. A payment
under this subsection does not make a member an officer or
employee of the Government. This subsection does not apply to
members regularly employed by the Government.
* * * * * * *
Sec. 60117. Administrative
(a) General Authority.--To carry out this chapter, the
Secretary of Transportation may conduct investigations, make
reports, issue subpenas, conduct hearings, require the
production of records, take depositions, and conduct research,
testing, development, demonstration, and training activities
and promotional activities relating to prevention of damage to
pipeline facilities. The Secretary may not charge a tuition-
type fee for training State or local government personnel in
the enforcement of regulations prescribed under this chapter.
(b) Records, Reports, and Information.--To enable the
Secretary to decide whether a person owning or operating a
pipeline facility is complying with this chapter and standards
prescribed or orders issued under this chapter, the person
shall--
(1) maintain records, make reports, and provide
information the Secretary requires; and
(2) make the records, reports, and information
available when the Secretary requests.
The Secretary may require owners and operators of gathering
lines to provide the Secretary information pertinent to the
Secretary's ability to make a determination as to whether and
to what extent to regulate gathering lines.
(c) Entry and Inspection.--An officer, employee, or agent of
the Department of Transportation designated by the Secretary,
on display of proper credentials to the individual in charge,
may enter premises to inspect the records and property of a
person at a reasonable time and in a reasonable way to decide
whether a person is complying with this chapter and standards
prescribed or orders issued under this chapter.
(d) Confidentiality of Information.--Information related to a
confidential matter referred to in section 1905 of title 18
that is obtained by the Secretary or an officer, employee, or
agent in carrying out this section may be disclosed only to
another officer or employee concerned with carrying out this
chapter or in a proceeding under this chapter.
(e) Use of Accident Reports.--(1) Each accident report made
by an officer, employee, or agent of the Department may be used
in a judicial proceeding resulting from the accident. The
officer, employee, or agent may be required to testify in the
proceeding about the facts developed in investigating the
accident. The report shall be made available to the public in a
way that does not identify an individual.
(2) Each report related to research and demonstration
projects and related activities is public information.
(f) Testing Facilities Involved in Accidents.--The Secretary
may require testing of a part of a pipeline facility subject to
this chapter that has been involved in or affected by an
accident only after--
(1) notifying the appropriate State official in the
State in which the facility is located; and
(2) attempting to negotiate a mutually acceptable
plan for testing with the owner of the facility and,
when the Secretary considers appropriate, the National
Transportation Safety Board.
(g) Providing Safety Information.--On request, the Secretary
shall provide the Federal Energy Regulatory Commission or
appropriate State authority with information the Secretary has
on the safety of material, operations, devices, or processes
related to pipeline transportation or operating a pipeline
facility.
(h) Cooperation.--The Secretary may--
(1) advise, assist, and cooperate with other
departments, agencies, and instrumentalities of the
United States Government, the States, and public and
private agencies and persons in planning and developing
safety standards and ways to inspect and test to decide
whether those standards have been complied with;
(2) consult with and make recommendations to other
departments, agencies, and instrumentalities of the
Government, State and local governments, and public and
private agencies and persons to develop and encourage
activities, including the enactment of legislation,
that will assist in carrying out this chapter and
improve State and local pipeline safety programs; and
(3) participate in a proceeding involving safety
requirements related to a liquefied natural gas
facility before the Commission or a State authority.
(i) Promoting Coordination.--(1) After consulting with
appropriate State officials, the Secretary shall establish
procedures to promote more effective coordination between
departments, agencies, and instrumentalities of the Government
and State authorities with regulatory authority over pipeline
facilities about responses to a pipeline accident.
(2) In consultation with the Occupational Safety and Health
Administration, the Secretary shall establish procedures to
notify the Administration of any pipeline accident in which an
excavator that has caused damage to a pipeline may have
violated a regulation of the Administration.
(j) Withholding Information From Congress.--This section does
not authorize information to be withheld from a committee of
Congress authorized to have the information.
(k) Authority for Cooperative Agreements.--To carry out this
chapter, the Secretary may enter into grants, cooperative
agreements, and other transactions with any person, agency, or
instrumentality of the United States, any unit of State or
local government, any educational institution, or any other
entity to further the objectives of this chapter. The
objectives of this chapter include the development,
improvement, and promotion of one-call damage prevention
programs, research, risk assessment, and mapping.
(l) Safety Orders.--
(1) In general.--Not later than December 31, 2007,
the Secretary shall issue regulations providing that,
after notice and opportunity for a hearing, if the
Secretary determines that a pipeline facility has a
condition that poses a pipeline integrity risk to
public safety, property, or the environment, the
Secretary may order the operator of the facility to
take necessary corrective action, including physical
inspection, testing, repair, or other appropriate
action, to remedy that condition.
(2) Considerations.--In making a determination under
paragraph (1), the Secretary, if relevant and pursuant
to the regulations issued under paragraph (1), shall
consider--
(A) the considerations specified in
paragraphs (1) through (6) of section 60112(b);
(B) the likelihood that the condition will
impair the serviceability of a pipeline;
(C) the likelihood that the condition will
worsen over time; and
(D) the likelihood that the condition is
present or could develop on other areas of the
pipeline.
(m) Restoration of Operations.--
(1) In general.--The Secretary may advise, assist,
and cooperate with the heads of other departments,
agencies, and instrumentalities of the United States
Government, the States, and public and private agencies
and persons to facilitate the restoration of pipeline
operations that have been or are anticipated to become
disrupted by manmade or natural disasters.
(2) Savings clause.--Nothing in this section alters
or amends the authorities and responsibilities of any
department, agency, or instrumentality of the United
States Government, other than the Department of
Transportation.
(n) Cost Recovery for Design Reviews.--
(1) In general.--
(A) Review costs.--For any project described
in subparagraph (B), if the Secretary conducts
facility design safety reviews in connection
with a proposal to construct, expand, or
operate a gas or hazardous liquid pipeline
facility or liquefied natural gas pipeline
facility, including construction inspections
and oversight, the Secretary may require the
person proposing the project to pay the costs
incurred by the Secretary relating to such
reviews. If the Secretary exercises the cost
recovery authority described in this paragraph,
the Secretary shall prescribe a fee structure
and assessment methodology that is based on the
costs of providing these reviews and shall
prescribe procedures to collect fees under this
paragraph. The Secretary may not collect design
safety review fees under this paragraph and
section 60301 for the same design safety
review.
(B) Projects to which applicable.--
Subparagraph (A) applies to any project that--
(i) has design and construction costs
totaling at least $2,500,000,000, as
periodically adjusted by the Secretary
to take into account increases in the
Consumer Price Index for all-urban
consumers published by the Department
of Labor, based on--
(I) the cost estimate
provided to the Federal Energy
Regulatory Commission in an
application for a certificate
of public convenience and
necessity for a gas pipeline
facility or an application for
authorization for a liquefied
natural gas pipeline facility;
or
(II) a good faith estimate
developed by the person
proposing a hazardous liquid
pipeline facility and submitted
to the Secretary; or
(ii) uses new or novel technologies
or design, as determined by the
Secretary.
(2) Notification.--For any new pipeline facility
construction project in which the Secretary will
conduct design reviews, the person proposing the
project shall notify the Secretary and provide the
design specifications, construction plans and
procedures, and related materials at least 120 days
prior to the commencement of construction. To the
maximum extent practicable, not later than 90 days
after receiving such design specifications,
construction plans and procedures, and related
materials, the Secretary shall provide written
comments, feedback, and guidance on the project.
(3) Pipeline Safety Design Review Fund.--
(A) Establishment.--There is established a
Pipeline Safety Design Review Fund in the
Treasury of the United States.
(B) Deposits.--The Secretary shall deposit
funds paid under this subsection into the Fund.
(C) Use.--Amounts in the Fund shall be
available to the Secretary, in amounts
specified in appropriations Acts, to offset the
costs of conducting facility design safety
reviews under this subsection.
(4) No additional permitting authority.--Nothing in
this subsection may be construed as authorizing the
Secretary to require a person to obtain a permit before
beginning design and construction in connection with a
project described in paragraph (1)(B).
(o) Emergency Order Authority.--
(1) In general.--If the Secretary determines that an
unsafe condition or practice, or a combination of
unsafe conditions and practices, constitutes or is
causing an imminent hazard, the Secretary may issue an
emergency order described in paragraph (3) imposing
emergency restrictions, prohibitions, and safety
measures on owners and operators of gas or hazardous
liquid pipeline facilities without prior notice or an
opportunity for a hearing, but only to the extent
necessary to abate the imminent hazard.
(2) Considerations.--Before issuing an emergency
order under paragraph (1), the Secretary shall
consider, after consultation with appropriate Federal
agencies, State agencies, or other entities, the
following, as appropriate:
(A) The impact of the emergency order on
public health and safety.
(B) The impact, if any, of the emergency
order on the national or regional economy or
national security.
(C) The impact of the emergency order on
owners and operators of pipeline facilities.
(3) Written order.--An emergency order issued by the
Secretary pursuant to paragraph (1) with respect to an
imminent hazard shall contain a written description
of--
(A) the violation, condition, or practice
that constitutes or is causing the imminent
hazard;
(B) the entities subject to the order;
(C) the restrictions, prohibitions, or safety
measures imposed;
(D) the standards and procedures for
obtaining relief from the order;
(E) how the order is tailored to abate the
imminent hazard and the reasons the authorities
under sections 60112 and 60117(l) are
insufficient to do so; and
(F) how the considerations were taken into
account pursuant to paragraph (2).
(4) Opportunity for review.--Upon receipt of a
petition for review from an entity subject to, and
adversely affected by, an emergency order issued under
this subsection, the Secretary shall provide an
opportunity for a review of the order under section 554
of title 5 to determine whether the order should remain
in effect, be modified, or be terminated.
(5) Expiration of effectiveness order.--If a petition
for review of an emergency order is filed under
paragraph (4) and an agency decision with respect to
the petition is not issued on or before the last day of
the 30-day period beginning on the date on which the
petition is filed, the order shall cease to be
effective on such day, unless the Secretary determines
in writing on or before the last day of such period
that the imminent hazard still exists.
(6) Judicial review of orders.--After a final agency
action under the review process described in paragraph
(4), or the issuance of a written determination by the
Secretary pursuant to paragraph (5), an entity subject
to, and adversely affected by, an emergency order
issued under this subsection may seek judicial review
of the order in a district court of the United States
and shall be given expedited consideration.
(7) Regulations.--
(A) Temporary regulations.--Not later than 60
days after the date of enactment of the
Pipeline Safety Act of 2016, the Secretary
shall issue such temporary regulations as are
necessary to carry out this subsection. The
temporary regulations shall expire on the date
of issuance of the final regulations required
under subparagraph (B).
(B) Final regulations.--Not later than 270
days after such date of enactment, the
Secretary shall issue such regulations as are
necessary to carry out this subsection. Such
regulations shall ensure that the review
process described in paragraph (4) contains the
same procedures as subsections (d) and (g) of
section 109.19 of title 49, Code of Federal
Regulations, and is otherwise consistent with
the review process developed under such section
to the greatest extent practicable and not
inconsistent with this section.
(8) Imminent hazard defined.--In this subsection, the
term ``imminent hazard'' means the existence of a
condition relating to a gas or hazardous liquid
pipeline facility that presents a substantial
likelihood that death, serious illness, severe personal
injury, or a substantial endangerment to health,
property, or the environment may occur before the
reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of such death,
illness, injury, or endangerment.
(9) Limitation and savings clause.--An emergency
order issued under this subsection may not be construed
to--
(A) alter, amend, or limit the Secretary's
obligations under, or the applicability of,
section 553 of title 5; or
(B) provide the authority to amend the Code
of Federal Regulations.
* * * * * * *
Sec. 60125. Authorization of appropriations
(a) Gas and Hazardous Liquid.--
(1) In general.--To carry out the provisions of this
chapter related to gas and hazardous liquid and section
12 of the Pipeline Safety Improvement Act of 2002 (49
U.S.C. 60101 note; Public Law 107-355), [there is
authorized to be appropriated to the Department of
Transportation for each of fiscal years 2012 through
2015, from fees collected under section 60301,
$90,679,000, of which $4,746,000 is for carrying out
such section 12 and $36,194,000 is for making grants.]
there are authorized to be appropriated to the
Department of Transportation from fees collected under
section 60301--
(A) $128,000,000 for fiscal year 2017, of
which $9,000,000 shall be expended for carrying
out such section 12 and $41,885,000 shall be
expended for making grants;
(B) $131,000,000 for fiscal year 2018, of
which $9,000,000 shall be expended for carrying
out such section 12 and $44,885,000 shall be
expended for making grants;
(C) $134,000,000 for fiscal year 2019, of
which $9,000,000 shall be expended for carrying
out such section 12 and $47,885,000 shall be
expended for making grants;
(D) $137,325,000 for fiscal year 2020, of
which $9,000,000 shall be expended for carrying
out such section 12 and $51,100,000 shall be
expended for making grants; and
(E) $140,733,000 for fiscal year 2021, of
which $9,000,000 shall be expended for carrying
out such section 12 and $54,550,000 shall be
expended for making grants.
(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated by paragraph (1), [there
is authorized to be appropriated for each of fiscal
years 2012 through 2015 from the Oil Spill Liability
Trust Fund to carry out the provisions of this chapter
related to hazardous liquid and section 12 of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C.
60101 note; Public Law 107-355), $18,573,000, of which
$2,174,000 is for carrying out such section 12 and
$4,558,000 is for making grants.] there are authorized
to be appropriated from the Oil Spill Liability Trust
Fund to carry out the provisions of this chapter
related to hazardous liquid and section 12 of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C.
60101 note; Public Law 107-355)--
(A) $22,123,000 for fiscal year 2017, of
which $3,000,000 shall be expended for carrying
out such section 12 and $8,067,000 shall be
expended for making grants;
(B) $23,000,000 for fiscal year 2018, of
which $3,000,000 shall be expended for carrying
out such section 12 and $8,067,000 shall be
expended for making grants;
(C) $23,000,000 for fiscal year 2019, of
which $3,000,000 shall be expended for carrying
out such section 12 and $8,067,000 shall be
expended for making grants;
(D) $23,300,000 for fiscal year 2020, of
which $3,000,000 shall be expended for carrying
out such section 12 and $8,067,000 shall be
expended for making grants; and
(E) $23,600,000 for fiscal year 2021, of
which $3,000,000 shall be expended for carrying
out such section 12 and $8,067,000 shall be
expended for making grants.
(b) Emergency Response Grants.--
(1) In general.--The Secretary may establish a
program for making grants to State, county, and local
governments in high consequence areas, as defined by
the Secretary, for emergency response management,
training, and technical assistance. To the extent that
such grants are used to train emergency responders,
such training shall ensure that emergency responders
have the ability to protect nearby persons, property,
and the environment from the effects of accidents or
incidents involving gas or hazardous liquid pipelines,
in accordance with existing regulations.
(2) Authorization of appropriations.--There is
authorized to be appropriated $10,000,000 for each of
fiscal years 2012 through 2015 to carry out this
subsection.
(c) Crediting Appropriations for Expenditures for Training.--
The Secretary may credit to an appropriation authorized under
subsection (a) amounts received from sources other than the
Government for reimbursement for expenses incurred by the
Secretary in providing training.
* * * * * * *
Sec. 60130. Pipeline safety information grants to communities
(a) Grant Authority.--
(1) In general.--The Secretary of Transportation may
make grants for technical assistance to local
communities and groups of individuals (not including
for-profit entities) relating to the safety of pipeline
facilities in local communities, other than facilities
regulated under Public Law 93-153 (43 U.S.C. 1651 et
seq.). No grants may be awarded under section 60114(g)
until the Secretary has established competitive
procedures for awarding grants under this section and
criteria for selecting grant recipients. The amount of
any grant under this section may not exceed $100,000
for a single grant recipient. The Secretary shall
establish appropriate procedures to ensure the proper
use of funds provided under this section.
(2) Demonstration grants.--At least the first 3
grants awarded under this section shall be
demonstration grants for the purpose of demonstrating
and evaluating the utility of grants under this
section. Each such demonstration grant shall not exceed
$25,000.
(3) Dissemination of technical findings.--Each
recipient of a grant under this section shall ensure
that--
(A) the technical findings made possible by
the grants are made available to the relevant
operators; and
(B) open communication between the grant
recipients, local operators, local communities,
and other interested parties is encouraged.
(4) Technical assistance defined.--In this
subsection, the term ``technical assistance'' means
engineering and other scientific analysis of pipeline
safety issues, including the promotion of public
participation on technical pipeline safety issues in
official proceedings conducted under this chapter.
(b) Prohibited Uses.--Funds provided under this section to
grant recipients and their contractors may not be used for
lobbying, for direct advocacy for or against a pipeline
construction or expansion project, or in direct support of
litigation.
[(c) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of Transportation for carrying
out this section $1,500,000 for each of fiscal years 2012
through 2015. Such amounts shall not be derived from user fees
collected under section 60301.]
(c) Funding.--Of the amounts made available under section
21(b) of the Pipeline Safety Act of 2016, $1,500,000 shall be
expended in each of fiscal years 2017 through 2021 to carry out
this section. Such amounts shall not be derived from user fees
collected under section 60301.
* * * * * * *
CHAPTER 603--USER FEES
Sec. 60301. User fees
(a) Schedule of Fees.--The Secretary of Transportation shall
prescribe a schedule of fees for all natural gas and hazardous
liquids transported by pipelines subject to chapter 601 of this
title. The fees shall be based on usage (in reasonable
relationship to volume-miles, miles, revenues, or a combination
of volume-miles, miles, and revenues) of the pipelines. The
Secretary shall consider the allocation of resources of the
Department of Transportation when establishing the schedule.
(b) Imposition and Time of Collection.--A fee shall be
imposed on each person operating a gas pipeline transmission
facility, a liquefied natural gas pipeline facility, an
underground gas storage facility, or a hazardous liquid
pipeline facility to which chapter 601 of this title applies.
The fee shall be collected before the end of the fiscal year to
which it applies.
(c) Means of Collection.--The Secretary shall prescribe
procedures to collect fees under this section. The Secretary
may use a department, agency, or instrumentality of the United
States Government or of a State or local government to collect
the fee and may reimburse the department, agency, or
instrumentality a reasonable amount for its services.
(d) Use of Fees.--A fee collected under this section--
(1)(A) related to a gas pipeline facility may be used
only for an activity related to gas under chapter 601
of this title[; and];
(B) related to a hazardous liquid pipeline facility
may be used only for an activity related to hazardous
liquid under chapter 601 of this title; and
(C) related to an underground gas storage facility
may be used only for an activity related to underground
gas storage safety under section 60103a; and
(2) may be used only to the extent provided in
advance in an appropriation law.
(e) Limitations.--Fees prescribed under subsection (a) of
this section shall be sufficient to pay for the costs of
activities described in subsection (d) of this section.
However, the total amount collected for a fiscal year may not
be more than 105 percent of the total amount of the
appropriations made for the fiscal year for activities to be
financed by the fees.
(f) Underground Gas Storage Facility Account.--
(1) Account.--There is established, in the fund
established in the Treasury of the United States
pursuant to this section, an underground gas storage
facility safety account.
(2) Deposit of fees.--A fee collected under
subsection (a) from a person operating an underground
gas storage facility shall be deposited in the account
established under paragraph (1).
* * * * * * *
----------
PIPELINE SAFETY IMPROVEMENT ACT OF 2002
* * * * * * *
SEC. 12. PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND
DEVELOPMENT.
(a) In General.--The heads of the participating agencies
shall carry out a program of research, development,
demonstration, and standardization to ensure the integrity of
pipeline facilities.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 120 days after the
date of enactment of this Act, the heads of the
participating agencies shall enter into a memorandum of
understanding detailing their respective
responsibilities in the program authorized by
subsection (a).
(2) Areas of expertise.--Under the memorandum of
understanding, each of the participating agencies shall
have the primary responsibility for ensuring that the
elements of the program within its expertise are
implemented in accordance with this section. The
Department of Transportation's responsibilities shall
reflect its lead role in pipeline safety and expertise
in pipeline inspection, integrity management, and
damage prevention. The Department of Energy's
responsibilities shall reflect its expertise in system
reliability, low-volume gas leak detection, and
surveillance technologies. The National Institute of
Standards and Technology's responsibilities shall
reflect its expertise in materials research and
assisting in the development of consensus technical
standards, as that term is used in section 12(d)(4) of
Public Law 104-13 (15 U.S.C. 272 note).
(c) Program Elements.--The program authorized by subsection
(a) shall include research, development, demonstration, and
standardization activities related to--
(1) materials inspection;
(2) stress and fracture analysis, detection of
cracks, abrasion, and other abnormalities inside
pipelines that lead to pipeline failure, and
development of new equipment or technologies that are
inserted into pipelines to detect anomalies;
(3) internal inspection and leak detection
technologies, including detection of leaks at very low
volumes;
(4) methods of analyzing content of pipeline
throughput;
(5) pipeline security, including improving the real-
time surveillance of pipeline rights-of-way, developing
tools for evaluating and enhancing pipeline security
and infrastructure, reducing natural, technological,
and terrorist threats, and protecting first response
units and persons near an incident;
(6) risk assessment methodology, including
vulnerability assessment and reduction of third-party
damage;
(7) communication, control, and information systems
surety;
(8) fire safety of pipelines;
(9) improved excavation, construction, and repair
technologies;
(10) corrosion detection and improving methods, best
practices, and technologies for identifying, detecting,
preventing, and managing internal and external
corrosion and other safety risks; and
(11) other appropriate elements.
The results of activities carried out under paragraph (10)
shall be used by the participating agencies to support
development and improvement of national consensus standards.
(d) Program Plan.--
(1) In general.--Not later than 1 year after the date
of enactment of this section, the Secretary of
Transportation, in coordination with the Secretary of
Energy and the Director of the National Institute of
Standards and Technology, shall prepare and transmit to
Congress a 5-year program plan to guide activities
under this section. Such program plan shall be
submitted to the Technical Pipeline Safety Standards
Committee and the Technical Hazardous Liquid Pipeline
Safety Standards Committee for review, and the report
to Congress shall include the comments of the
committees. The 5-year program plan shall be based on
the memorandum of understanding under subsection (b)
and take into account related activities of other
Federal agencies.
(2) Consultation.--In preparing the program plan and
selecting and prioritizing appropriate project
proposals, the Secretary of Transportation shall
consult with or seek the advice of appropriate
representatives of the natural gas, crude oil, and
petroleum product pipeline industries, utilities,
manufacturers, institutions of higher learning, Federal
agencies, pipeline research institutions, national
laboratories, State pipeline safety officials, labor
organizations, environmental organizations, pipeline
safety advocates, and professional and technical
societies.
(3) Ongoing pipeline transportation research and
development.--
(A) In general.--After the initial 5-year
program plan has been carried out by the
participating agencies, the Secretary of
Transportation, in coordination with the
Director of the National Institute of Standards
and Technology, as appropriate, shall prepare a
research and development program plan every 5
years thereafter and shall transmit a report to
Congress on the status and results-to-date of
implementation of the program every 2 years.
The biennial report shall include a summary of
updated research needs and priorities
identified through the consultation
requirements of paragraph (2).
(B) Consultation.--The Secretary shall comply
with the consultation requirements of paragraph
(2) when preparing the program plan and in the
selection and prioritization of research and
development projects.
(C) Funding from non-federal sources.--The
Secretary shall ensure at least 30 percent of
the costs of program-wide research and
development activities are carried out using
non-Federal sources.
(e) Reports to Congress.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the
heads of the participating agencies shall transmit jointly to
Congress a report on the status and results to date of the
implementation of the program plan prepared under subsection
(d).
(f) Pipeline Integrity Program.--Of the amounts available in
the Oil Spill Liability Trust Fund established by section 9509
of the Internal Revenue Code of 1986 (26 U.S.C. 9509),
$3,000,000 shall be transferred to the Secretary of
Transportation, as provided in appropriation Acts, to carry out
programs for detection, prevention, and mitigation of oil
spills for each of the fiscal years [2012 through 2015] 2017
through 2021.
(g) Participating Agencies Defined.--In this section, the
term ``participating agencies'' means the Department of
Transportation, the Department of Energy, and the National
Institute of Standards and Technology.
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