Requires each operator to: (1) analyze the risks to each facility located in a high-density population area or environmentally sensitive area; and (2) adopt a written integrity management program to reduce risks at such facilities.
Requires operators of a gas pipeline or hazardous liquid pipeline facility to educate the public on the use of a one-call notification system before excavation and other damage prevention activities, the possible hazards associated with unintended facility releases, the physical indications that a pipeline release may have occurred, the steps that should be taken for public safety, and how to report such release.
Authorizes the Secretary of Transportation, upon accepting a State's pipeline safety program certification, to make an agreement with the State authority to develop a plan in which it has a role in the oversight of interstate pipeline facilities by participating: (1) in special investigations involving interstate pipeline incidents within its borders; (2) in oversight of new construction of interstate pipelines there; and (3) as an interstate agent by carrying out inspection responsibilities for interstate pipelines within its borders to ensure compliance with Federal pipeline safety standards. (Currently, a State has authority over intrastate pipelines and pipeline facilities provided the program certification is made.)
Increases civil penalties for violations of specified Federal pipeline safety standards. Establishes both civil and criminal penalties for engaging in an excavation activity and subsequently damaging a pipeline facility without reporting it promptly.
Requires pipeline owners and operators to provide information for the National Pipeline Mapping System.
Authorizes the Secretary to study how best to preserve environmental resources in conjunction with maintaining pipeline rights-of-way.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2749 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2749
To amend title 49, United States Code, to improve pipeline safety and
enhance community access to pipeline safety information.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2001
Ms. Dunn of Washington (for herself, Mr. Larsen of Washington, Mr.
Dicks, and Mr. Souder) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to improve pipeline safety and
enhance community access to pipeline safety information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety
Act of 2001''.
(b) Amendment of Title 49, United States Code.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a 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.--
Sec. 1. Short title; amendment of title 49, United States Code; table
of contents.
Sec. 2. Qualifications of pipeline personnel.
Sec. 3. Risk analysis and integrity management programs.
Sec. 4. Research and development.
Sec. 5. Community right-to-know and emergency preparedness.
Sec. 6. State oversight role.
Sec. 7. Penalties.
Sec. 8. Population encroachment.
Sec. 9. Records, reports, and information.
Sec. 10. National pipeline mapping system.
Sec. 11. State pipeline advisory committees.
Sec. 12. Pipeline rights-of-way and the environment.
Sec. 13. Authorization of appropriations.
SEC. 2. QUALIFICATIONS OF PIPELINE PERSONNEL.
(a) In General.--Chapter 601 is amended by adding at the end the
following:
``Sec. 60129. Qualifications of pipeline personnel
``(a) Review of Qualifications Programs.--
``(1) In general.--The Secretary of Transportation or a
State authority responsible for enforcing standards prescribed
under this chapter shall conduct a periodic review of each
operator of a gas pipeline or hazardous liquid pipeline
facility to ensure that the operator has in effect a written
qualification program that ensures that all individuals
performing covered tasks for the facility are qualified to
perform such tasks.
``(2) Context of review.--The Secretary or State authority
may conduct a review under paragraph (1) as an element of its
inspection of an operator.
``(3) Inadequate programs.--If the Secretary or State
authority determines that a qualification program is inadequate
for the safe operation of a pipeline facility, the Secretary or
State authority shall act under section 60108(a)(2) to require
the operator to revise the qualification program.
``(4) Amendments to programs.--In order to facilitate
reviews under this subsection, an operator shall notify the
Secretary or State authority, as appropriate, of any amendment
made to the operator's qualification program not later than 30
days after the date of adoption of the amendment.
``(5) Covered task defined.--In this subsection, the term
`covered task'--
``(A) with respect to a gas pipeline facility, has
the meaning such term has under section 192.801 of
title 49, Code of Federal Regulations, as in effect on
the date of enactment of this section; and
``(B) with respect to a hazardous liquid pipeline
facility, has the meaning such term has under section
195.501 of such title, as in effect on the date of
enactment of this section.
``(b) Certification of Supervisory Control and Data Acquisition
Personnel.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall--
``(A) develop a program consisting of written,
oral, or simulation tests and other requirements for
certifying the qualifications of individuals who
operate computer-based systems for controlling the
operations of pipelines; and
``(B) enter into a cooperative agreement or
contract with a public or private entity to implement
the certification program developed under subparagraph
(A).
``(2) Implementation of certification program.--
``(A) Pilot program.--Beginning 1 year after the
date of enactment of this section, the Secretary shall
select pipeline facilities to participate in the
certification program developed under paragraph (1)(A)
and require such participation.
``(B) Applicability to all operators.--Not later
than 4 years after the date of enactment of this
section, each operator of a gas pipeline or hazardous
liquid pipeline facility shall ensure that all
employees of the operator who are subject to the
certification program developed under paragraph (1)(A)
are certified under the program by the entity referred
to in paragraph (1)(B).
``(3) Report.--
``(A) In general.--Not later than 5 years after the
date of enactment of this section, the Secretary shall
transmit to Congress a report on the results of the
certification program developed under paragraph (1)(A).
``(B) Contents.--The report shall include--
``(i) a description of the certification
program and implementation of the certification
program;
``(ii) an evaluation of the certification
program, including the effectiveness of
the process for certifying individuals who operate computer-based
systems for controlling the operations of pipelines; and
``(iii) an assessment of the ramifications
of requiring the certification of other
individuals performing safety-sensitive
functions for a pipeline facility.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60129. Qualifications of pipeline personnel.''.
SEC. 3. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.
(a) In General.--Section 60109 is amended by adding at the end the
following:
``(c) Risk Analysis and Integrity Management Programs.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall prescribe
minimum safety standards to require each operator of a gas
transmission or hazardous liquid pipeline facility--
``(A) to evaluate the risks to the operator's
facilities in areas identified under subsection (a)(1);
and
``(B) to adopt and implement, not later than 1 year
after the date of issuance of such minimum standards,
an integrity management program to reduce such risks.
``(2) Elements of integrity management programs.--An
integrity management program adopted by an operator under
paragraph (1) shall provide for, at a minimum, the following:
``(A) A baseline integrity assessment of each of
the operator's facilities in areas identified pursuant
to subsection (a)(1) within 5 years of the date of
adoption of the plan unless the operator has previously
performed such an assessment.
``(B) Periodic inspection of the facility, at
intervals of once every 5 years or at more frequent
intervals as determined under paragraph (3)(C), 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.
``(C) Clearly defined criteria for evaluating the
results of such inspections.
``(D) A description of actions to be taken by the
operator to promptly address any integrity issue raised
by such evaluations.
``(E) 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.
``(F) A description of actions to be taken by the
operator 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.
``(H) A description of the actions to be taken by
the operator to address any safety concerns raised by
the Secretary, including issues raised with the
Secretary by States and local authorities.
``(3) Inspection requirements.--
``(A) Inspections by direct assessment.--Not later
than 1 year after the date of enactment of this
section, the Secretary shall prescribe standards for
inspection of a pipeline facility by direct assessment.
``(B) Inspections by internal inspection devices.--
After reviewing an integrity management program, the
Secretary may require a pipeline facility that is
located in an area identified pursuant to subsection
(a)(1) and that can accommodate an internal inspection
device to be inspected by such a device under section
60108.
``(C) Frequency of inspections.--In adopting an
integrity management program under paragraph (1), an
operator shall determine whether to require inspection
of a facility at more frequent intervals than the
minimum intervals required under paragraph (2)(B) after
consideration of the following factors:
``(i) The potential for development of new
defects in the facility (including the
potential for damage by an outside force).
``(ii) The operational characteristics of
the facility, including age, operating
pressure, block valve location, corrosion
history, spill history, and any known
deficiencies in the method of pipeline
construction or installation.
``(iii) The possible growth of new and
existing defects.
``(D) Minimization of environmental and safety
risks.--The Secretary may require an operator of a
pipeline facility to implement pressure testing and
other integrity management techniques in a manner that
minimizes environmental or safety risks, such as by use
of water for pressure testing.
``(E) Waivers.--The Secretary may waive or modify
inspection requirements under this subsection if the
Secretary determines that--
``(i) there are other technically
appropriate methods of monitoring; or
``(ii)(I) sufficient internal inspection
devices are not available; and
``(II) the waiver or modification is not
inconsistent with pipeline safety.
``(4) Systems to monitor pressure and detect leaks; use of
emergency flow restricting devices.--The Secretary may
prescribe standards requiring an operator of a pipeline
facility to include in an integrity management program under
paragraph (1)--
``(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.
``(5) Opportunity for local input on integrity
management.--Not later than 18 months after the date of
enactment of this subsection, the Secretary shall, by
regulation, establish a process for raising and addressing
local safety concerns about pipeline integrity and the
operator's pipeline integrity program. The process shall
include--
``(A) a requirement that an operator of a gas
transmission pipeline or hazardous liquid pipeline
facility make available upon request to State and local
officials in a State in which the facility is located
information about the risk analysis and integrity
management program required under paragraph (1)
(including a copy of the operator's integrity
management program) and the results of inspections
conducted under the operator's integrity management
program;
``(B) a description of the local officials required
to be informed, the information that is to be provided
to them, and the manner, which may include traditional
or electronic means, in which it is provided;
``(C) the means for receiving input from the local
officials that may include a public forum sponsored by
the Secretary or by the State, or the submission of
written comments through traditional or electronic
means;
``(D) the extent to which an operator of a pipeline
facility must participate in a public forum sponsored
by the Secretary or in another means for receiving
input from the local officials or in the evaluation of
that input; and
``(E) the manner in which the Secretary will notify
the local officials about how their concerns are being
addressed.
``(6) Review of integrity management programs.--
``(A) Review of programs.--
``(i) In general.--The Secretary shall
periodically 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 is inadequate for
the safe operation of a pipeline facility, the
Secretary shall act under section 60108(a)(2)
to require the operator to revise the risk
analysis or integrity management program.
``(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.
``(7) 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 written program for integrity management pursuant
to paragraph (6), 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 carefully consider the State's proposals and
work in consultation with the States and operators to address
safety concerns.
``(8) Application of standards.--Section 60104(b) shall not
apply to this section.
``(9) Reports to congress.--If the Secretary does not
prescribe minimum safety standards for risk analysis and
integrity management programs under paragraph (1) by the date
specified in paragraph (1), the Secretary shall transmit, until
the standards have been prescribed, an annual report to the
Committee on Energy and Commerce and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. The annual report shall contain
the following information:
``(A) An explanation for the delay in prescribing
the standards.
``(B) A list of any remaining steps and outstanding
issues to be resolved before the standards can be
prescribed.
``(C) An estimate of the time needed for completion
of the standards.''.
(b) Assessment and Evaluation.--Section 60109 is further amended by
adding at the end the following:
``(d) Assessment and Evaluation.--Not later than 3 years after the
date of enactment of this subsection, the Secretary shall complete an
assessment and evaluation of the effects on public safety and the
environment of the implementation of integrity management programs
under subsection (c).''.
(c) Conforming Amendments.--Section 60118(a) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) conduct a risk analysis, and adopt and implement an
integrity management program, for pipeline facilities as
required under section 60109(c).''.
SEC. 4. RESEARCH AND DEVELOPMENT.
(a) In General.--Chapter 601 is further amended by adding at the
end the following:
``Sec. 60130. Research and development
``(a) Innovative Technology Development.--
``(1) In general.--As part of the Department of
Transportation's research and development program, the
Secretary of Transportation shall direct research attention to
the development of alternative technologies--
``(A) to expand the capabilities of internal
inspection devices to identify and accurately measure
defects and anomalies;
``(B) to inspect pipelines that cannot accommodate
internal inspection devices available on the date of
enactment of this section;
``(C) to develop innovative techniques measuring
the structural integrity of pipelines;
``(D) to improve the capability, reliability, and
practicality of external leak and rupture detection
devices; and
``(E) to develop and improve alternative
technologies to identify and monitor outside force
damage to pipelines.
``(2) Cooperative.--The Secretary may participate in
additional technological development through cooperative
agreements with trade associations, academic institutions, or
other qualified organizations.
``(b) Pipeline Safety and Reliability Research and Development.--
``(1) In general.--The Secretary of Transportation, in
coordination with the Secretary of Energy, shall develop and
implement an accelerated cooperative program of research and
development to ensure the integrity of natural gas and
hazardous liquid pipelines. This research and development
program--
``(A) may include materials inspection techniques,
risk assessment methodology, and information systems
surety; and
``(B) shall complement, and not replace, the
research program of the Department of Energy addressing
natural gas pipeline issues existing on the date of
enactment of this section.
``(2) Purpose.--The purpose of the cooperative research
program shall be to promote pipeline safety research and
development to--
``(A) ensure long-term safety, reliability, and
service life for existing pipelines;
``(B) expand capabilities of internal inspection
devices to identify and accurately measure defects and
anomalies;
``(C) develop inspection techniques for pipelines
that cannot accommodate the internal inspection devices
available on the date of enactment of this section;
``(D) develop innovative techniques to measure the
structural integrity of pipelines to prevent pipeline
failures;
``(E) develop improved materials and coatings for
use in pipelines;
``(F) improve the capability, reliability, and
practicality of external leak and rupture detection
devices;
``(G) identify underground environments that might
lead to shortened service life;
``(H) enhance safety in pipeline siting and land
use;
``(I) minimize the environmental impact of
pipelines;
``(J) demonstrate technologies that improve
pipeline safety, reliability, and integrity;
``(K) provide risk assessment tools for optimizing
risk mitigation strategies; and
``(L) provide highly secure information systems for
controlling the operation of pipelines.
``(3) Areas.--In carrying out this subsection, the
Secretary of Transportation, in coordination with the Secretary
of Energy, may consider research and development on natural
gas, crude oil, and petroleum product pipelines for--
``(A) early crack, defect, and damage detection,
including real-time damage monitoring;
``(B) automated internal pipeline inspection sensor
systems;
``(C) land use guidance and set back management
along pipeline rights-of-way for communities;
``(D) internal corrosion control;
``(E) corrosion-resistant coatings;
``(F) improved cathodic protection;
``(G) inspection techniques where internal
inspection is not feasible, including measurement of
structural integrity;
``(H) external leak and rupture detection,
including portable real-time video imaging technology,
and the advancement of computerized control center leak
and rupture detection systems utilizing real-time
remote field data input;
``(I) longer life, high strength, non-corrosive
pipeline materials;
``(J) assessing the remaining strength of existing
pipes;
``(K) risk and reliability analysis models, to be
used to identify safety improvements that could be
realized in the near term resulting from analysis of
data obtained from a pipeline performance tracking
initiative;
``(L) identification, monitoring, and prevention of
outside force damage, including satellite surveillance;
and
``(M) any other areas necessary to ensuring the
public safety and protecting the environment.
``(4) Points of contact.--
``(A) In general.--To coordinate and implement the
research and development programs and activities
authorized under this subsection--
``(i) the Secretary of Transportation shall
designate, as the point of contact for the
Department of Transportation, an officer of the
Department of Transportation who has been
appointed by the President and confirmed by the Senate; and
``(ii) the Secretary of Energy shall
designate, as the point of contact for the
Department of Energy, an officer of the
Department of Energy who has been appointed by
the President and confirmed by the Senate.
``(B) Duties.--
``(i) DOT point of contact.--The point of
contact for the Department of Transportation
shall have the primary responsibility for
coordinating and overseeing the implementation
of the research, development, and demonstration
program plan under paragraphs (5) and (6).
``(ii) Joint responsibilities.--The points
of contact shall jointly assist in arranging
cooperative agreements for research,
development, and demonstration involving their
respective Departments, national laboratories,
universities, and industry research
organizations.
``(5) Research and development program plan.--Not later
than 1 year after the date of enactment of this section, the
Secretary of Transportation, in coordination with the Secretary
of Energy, shall prepare and submit to Congress a 5-year
program plan to guide activities under this subsection. In
preparing the program plan, the Secretary shall consult with
appropriate representatives of the natural gas, crude oil, and
petroleum product pipeline industries to select and prioritize
appropriate project proposals. The Secretary may also seek the
advice of utilities, manufacturers, institutions of higher
learning, Federal agencies, pipeline research institutions,
national laboratories, State pipeline safety officials,
environmental organizations, pipeline safety advocates, and
professional and technical societies.
``(6) Implementation.--The Secretary of Transportation
shall have primary responsibility for ensuring the 5-year plan
provided for in paragraph (5) is implemented as intended. In
carrying out the research, development, and demonstration
activities under this paragraph, the Secretary of
Transportation and the Secretary of Energy may use, to the
extent authorized under applicable provisions of law,
contracts, cooperative agreements, cooperative research and
development agreements under the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.), grants, joint
ventures, other transactions, and any other form of agreement
available to the Secretary.
``(7) Reports to congress.--The Secretary of Transportation
shall report to the Congress annually as to the status and
results to date of the implementation of the research and
development program plan. The report shall include the
activities of the Departments of Transportation and Energy,
national laboratories, universities, and any other research
organizations, including industry research organizations.''.
(b) Conforming amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60130. Research and development.''.
SEC. 5. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS.
Section 60116 is amended to read as follows:
``Sec. 60116. Community right-to-know and emergency preparedness
``(a) Public Education Programs.--
``(1) In general.--Each operator of a gas pipeline or
hazardous liquid pipeline facility shall carry out a continuing
program to educate the public on--
``(A) the use of a one-call notification system
prior to excavation and other damage prevention
activities;
``(B) the possible hazards associated with
unintended releases from the pipeline facility;
``(C) the physical indications that such a release
may have occurred;
``(D) what steps should be taken for public safety
in the event of a pipeline release; and
``(E) how to report such an event.
``(2) Review of existing programs.--Not later than 1 year
after the date of enactment of this paragraph, each operator of
a gas pipeline or hazardous liquid pipeline facility shall
review its existing public education program for effectiveness
and modify the program as necessary. The completed program
shall be reviewed by the Secretary of Transportation as an
element of Departmental inspections.
``(3) Standards.--The Secretary may issue standards
prescribing the details of a public education program and
providing for periodic review of the program's effectiveness
and modification as needed. The Secretary may also develop
material for use in the program.
``(4) Technical assistance.--The Secretary may provide
technical assistance on public safety and public education
programming regarding pipeline safety as follows:
``(A) To pipeline industry.--To the pipeline
industry, technical assistance on--
``(i) developing public safety and public
education program content; and
``(ii) using best practices for program
delivery and on evaluating the effectiveness of
the programs.
``(B) To state and local officials.--To State and
local officials, technical assistance on applying
practices developed in the public safety and public
education programs to their activities to promote
pipeline safety.
``(b) Public Availability of Reports.--The Secretary shall make
available to the public a safety-related condition report filed by an
operator under section 60102(h) and a report of a pipeline incident
filed by an operator under this chapter.
``(c) Emergency Preparedness.--
``(1) Operator liaison.--Not later than 1 year after the
date of enactment of this section, each operator of a gas
pipeline or hazardous liquid pipeline facility shall initiate
and maintain liaison with the State emergency response
commissions, and local emergency planning committees in the
areas of pipeline right-of-way, established under section 301
of the Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11001) in each State in which it operates.
``(2) Emergency response plans.--The Secretary shall
prescribe standards to require each operator of a gas pipeline
or hazardous liquid pipeline facility--
``(A) to develop an emergency response plan for
responding to incidents involving the facility; and
``(B) to make the plan available upon request to
State and local officials.
``(3) Cooperation with local officials.--Each operator of a
gas pipeline or hazardous liquid pipeline facility shall work
in cooperation with State and local officials in the
development of State and local emergency response plans for
responding to incidents involving the facility.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended
by striking the item relating to section 60116 and inserting the
following:
``60116. Community right-to-know and emergency preparedness.''.
SEC. 6. STATE OVERSIGHT ROLE.
(a) State Agreements With Certification.--Section 60106 is
amended--
(1) in the heading for subsection (a) by striking ``General
Authority'' and inserting ``Agreements Without Certification'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Agreements With Certification.--
``(1) In general.--If the Secretary accepts a certification
under section 60105 from a State authority and makes the
determination required under paragraph (2), the Secretary may
make an agreement with the State authority to develop a plan by
which the State authority has a role in the oversight of
interstate pipelines--
``(A) by participating in special investigations
involving interstate pipeline incidents within the
boundaries of the State;
``(B) by participating in oversight of new
construction of interstate pipelines within such
boundaries;
``(C) by participating as an interstate agent by
carrying out inspection responsibilities for interstate
pipelines within such boundaries to ensure compliance
with Federal pipeline safety standards;
``(D) by providing written comments and
recommendations on interstate pipeline risk analysis
and integrity management programs for interstate
pipelines within such boundaries pursuant to section
60109(c)(7); and
``(E) by participating in any other activities
relating to pipeline safety permissible under this
chapter on the day before the date of enactment of this
subparagraph.
``(2) Determinations required.--The Secretary may not enter
into an agreement under this subsection unless the Secretary
determines that--
``(A) the agreement is consistent with the
Secretary's program for inspection and with the safety
policies and provisions of this chapter;
``(B) the agreement would not adversely affect the
oversight responsibilities of intrastate pipeline
transportation by the State authority;
``(C) the State is carrying out a program
demonstrated to promote preparedness and risk
prevention activities that enhance the safety of
communities from the risks of pipelines;
``(D) the State meets the minimum standards for
State one-call notification set forth in chapter 61;
and
``(E) the actions planned under the agreement would
not adversely affect interstate commerce or public
safety.
``(3) Existing agreements.--Except as provided in
subsection (e), an agreement between the Secretary and a State
authority that is in effect on the date of enactment of this
paragraph shall remain in effect until the Secretary determines
that the State meets the requirements for a determination under
paragraph (2).
``(4) Citizen participation.--The Secretary or the State
authority may provide for citizen participation with respect to
entry into and implementation of an agreement under this
subsection.''.
(b) Secretary's Response to State Notices of Violations.--
Subsection (c) of section 60106 (as redesignated by subsection (a)(2)
of this section) is amended--
(1) by striking ``Each agreement'' and inserting the
following:
``(1) In general.--Each agreement'';
(2) by adding at the end the following:
``(2) Response by secretary.--If a State authority notifies
the Secretary under paragraph (1) of a violation or probable
violation of an applicable safety standard, the Secretary, not
later than 60 days after the date of receipt of the
notification, shall--
``(A) issue an order under section 60118(b) or take
other appropriate enforcement actions to ensure
compliance with this chapter; or
``(B) provide the State authority with a written
explanation as to why the Secretary has determined not
to take such actions.''; and
(3) by aligning the text of paragraph (1) (as designated by
this subsection) with paragraph (2) (as added by this
subsection).
(c) Ending Agreements.--Subsection (e) of section 60106 (as
redesignated by subsection (a)(2) of this section) is amended to read
as follows:
``(e) Ending Agreements.--
``(1) Permissive termination.--The Secretary may end an
agreement under this section if the Secretary finds that the
State authority has not complied with a provision of the
agreement.
``(2) Mandatory termination of agreement.--Subject to
paragraph (3), the Secretary shall end an agreement for the
oversight of interstate pipeline transportation if the
Secretary finds that--
``(A) implementation of the agreement has adversely
affected the oversight responsibilities of intrastate
pipeline transportation by the State authority;
``(B) the State actions under the agreement have
failed to meet the requirements of subsection (b); or
``(C) continued participation by the State
authority in the oversight of interstate pipeline
transportation is not enhancing pipeline safety.
``(3) Procedural requirements.--
``(A) Notice and opportunity for hearing.--The
Secretary shall provide a State authority with notice
and an opportunity for a hearing before ending an
agreement with the State authority under this section.
``(B) Publication of finding and decision in
federal register.--A finding and decision of the
Secretary to end an agreement with a State authority
under this section shall be published in the Federal
Register and may not become effective for at least 15
days after the date of such publication unless the
Secretary finds that continuation of the agreement
poses an imminent hazard to human health or the
environment.''.
SEC. 7. PENALTIES.
(a) Civil Penalties.--Section 60122(a)(1) is amended--
(1) by striking ``$25,000'' and inserting ``$500,000'';
(2) by striking ``$500,000'' and inserting ``$1,000,000'';
and
(3) by adding at the end the following: ``The preceding
sentence does not apply to a judicial enforcement action under
section 60120 or 60121.''.
(b) Penalty Considerations.--Section 60122(b) is amended to read as
follows:
``(b) Penalty Considerations.--
``(1) Mandatory considerations.--In determining the amount
of a civil penalty under this section, the Secretary shall
consider--
``(A) the nature, circumstances, and gravity of the
violation, including adverse impact on the environment;
``(B) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, any effect on ability to continue doing
business; and
``(C) good faith in attempting to comply.
``(2) Discretionary considerations.--In determining the
amount of a civil penalty under this section, the Secretary may
consider--
``(A) the economic benefit gained from the
violation without any discount because of subsequent
damages; and
``(B) other matters that justice requires.''.
(c) Excavator Damage.--Section 60123(d) is amended--
(1) in the matter preceding paragraph (1) by striking
``knowingly and willfully'';
(2) in paragraph (1) by inserting ``knowingly and
willfully'' before ``engages''; and
(3) by striking paragraph (2)(B) and inserting the
following:
``(B) a pipeline facility, is aware of damage, and
does not report the damage promptly to the operator of
the pipeline facility and to other appropriate
authorities; or''.
(d) Civil Actions.--Section 60120(a) is amended--
(1) by striking ``(a) Civil Actions.--(1)'' and all that
follows through ``(2) At the request'' and inserting the
following:
``(a) Civil Actions.--
``(1) Civil actions to enforce this chapter.--At the
request of the Secretary of Transportation, the Attorney
General may bring a civil action in an appropriate district
court of the United States to enforce this chapter, including
section 60112, or a regulation prescribed or order issued under
this chapter. The court may award appropriate relief, including
a temporary or permanent injunction, punitive damages, and
assessment of civil penalties considering the same factors as
prescribed for the Secretary in an administrative case under
section 60122.
``(2) Civil actions to require compliance with subpoenas or
allow for inspections.--At the request''; and
(2) by aligning the remainder of the text of paragraph (2)
with the text of paragraph (1).
SEC. 8. POPULATION ENCROACHMENT.
Section 60127 is amended to read as follows:
``Sec. 60127. Population encroachment
``(a) Study.--The Secretary of Transportation, in consultation with
appropriate Federal agencies and State and local governments, shall
undertake a study of land use practices and zoning ordinances with
regard to pipeline rights-of-way.
``(b) Purpose of Study.--The purpose of the study shall be to
gather information on land use practices and zoning ordinances--
``(1) to determine effective practices to limit
encroachment on existing pipeline rights-of-way;
``(2) to address and prevent the hazards and risks to the
public and the environment associated with encroachment on
pipeline rights-of-way; and
``(3) to raise the awareness of the risks and hazards of
encroachment on pipeline rights-of-way.
``(c) Considerations.--In conducting the study, the Secretary shall
consider, at a minimum, the following:
``(1) The legal authority of Federal agencies and State and
local governments in controlling land use and the limitations
on such authority.
``(2) The current practices of Federal agencies and State
and local governments in addressing land use issues involving a
pipeline easement.
``(3) The most effective way to encourage Federal agencies
and State and local governments to monitor and reduce
encroachment upon pipeline rights-of-way.
``(d) Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall publish a
report identifying practices, laws, and ordinances that are
most successful in addressing issues of encroachment on
pipeline rights-of-way so as to more effectively protect public
safety and the environment.
``(2) Distribution of report.--The Secretary shall provide
a copy of the report to appropriate Federal agencies and to
States for further distribution to appropriate local
authorities.
``(3) Adoption of practices, laws, and ordinances.--The
Secretary shall encourage Federal agencies and State and local
governments to adopt and implement appropriate practices, laws,
and ordinances, as identified in the report, to address the
risks and hazards associated with encroachment upon pipeline
rights-of-way.''.
SEC. 9. RECORDS, REPORTS, AND INFORMATION.
Section 60117(b) is amended to read as follows:
``(b) Records, Reports, and Information.--
``(1) In general.--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--
``(A) maintain records, make reports, and provide
information the Secretary requires; and
``(B) make the records, reports, and information
available when the Secretary requests.
``(2) Releases exceeding 5 gallons.--
``(A) Report required.--A person owning or
operating a hazardous liquid pipeline facility subject
to the requirements of this chapter shall submit to the
Secretary a report on each release to the environment
greater than 5 gallons of the hazardous liquid or
carbon dioxide transported.
``(B) Contents.--A report submitted to the
Secretary under subparagraph (A) shall include a
description of--
``(i) the location of the release;
``(ii) any fatalities or personal injuries
resulting from the release;
``(iii) the type of product released;
``(iv) the amount of product released;
``(v) the cause or causes of the release,
``(vi) the extent of damage to property and
the environment; and
``(vii) the response undertaken to clean up
the release.
``(3) Availability of information during incident
investigations.--During the course of an incident
investigation, a person owning or operating a pipeline facility
shall make records, reports, and information required under
subsection (a) (and other reasonably described records,
reports, and information relevant to the incident
investigation) available to the Secretary within the time
limits prescribed in a written request.
``(4) Gathering lines.--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.''.
SEC. 10. NATIONAL PIPELINE MAPPING SYSTEM.
(a) In General.--Chapter 601 is further amended by adding at the
end the following:
``Sec. 60131. National pipeline mapping system
``(a) Information To Be Provided.--Not later than 6 months after
the date of enactment of this section, a person owning or operating a
natural gas transmission pipeline or a hazardous liquid pipeline
facility shall provide to the Secretary the following information with
respect to each pipeline it owns or operates:
``(1) Geospatial data appropriate for use in the National
Pipeline Mapping System.
``(2) The name and address of the person with primary
operational control to be identified as its operator for
purposes of this chapter.
``(3) A means for a member of the public to contact the
operator for additional information about the pipeline
facilities it operates.
``(b) Updates.--A person providing information under subsection (a)
shall provide to the Secretary updates of the information to reflect
changes in the pipeline facility owned or operated by the person and as
otherwise required by the Secretary.
``(c) Technical Assistance To Improve Local Response
Capabilities.--The Secretary may provide technical assistance to State
and local officials to improve local response capabilities for pipeline
emergencies by adapting information available through the National
Pipeline Mapping System to software used in first responder vehicles
responding to pipeline emergencies.
``(d) Availability of Maps.--
``(1) In general.--A person owning or operating a natural
gas transmission pipeline or hazardous liquid pipeline facility
shall--
``(A) make maps of the facility available for
public inspection; and
``(B) provide to a State or local official,
emergency response agency, or advisory committee
established by the Governor of a State upon request a
map of the facility (in paper form) in the area
represented by the person requesting the map.
``(2) Updates.--A person providing a map under paragraph
(1)(B) shall provide upon request to the person requesting the
map updates of the map to reflect changes in the pipeline
facility depicted on the map.''.
(b) Conforming amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60131. National pipeline mapping system.''.
SEC. 11. STATE PIPELINE SAFETY ADVISORY COMMITTEES.
(a) In General.--Chapter 601 is further amended by adding at the
end the following:
``Sec. 60132. State pipeline safety advisory committees
``Not later than 90 days after receiving recommendations for
improvements to pipeline safety from an advisory committee appointed by
the Governor of any State, the Secretary shall respond in writing to
the committee setting forth what action, if any, the Secretary will
take on those recommendations and the Secretary's reasons for acting or
not acting upon any of the recommendations.''.
(b) Conforming amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60132. State pipeline safety advisory committees.''.
SEC. 12. PIPELINE RIGHTS-OF-WAY AND THE ENVIRONMENT.
(a) In General.--Chapter 601 is further amended by adding at the
end the following:
``Sec. 60133. Pipeline rights-of-way and the environment
``(a) Study.--The Secretary of Transportation may conduct a study
on how best to preserve environmental resources in conjunction with
maintaining pipeline rights-of-way.
``(b) Required Consideration.--Any study conducted under this
section shall recognize pipeline operators' regulatory obligations to
maintain rights-of-way and to protect public safety.''.
(b) Conforming amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60133. Pipeline rights-of-way and the environment.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read
as follows:
``(a) Gas and Hazardous Liquid.--
``(1) Authorization of appropriations.--To carry out this
chapter (except for sections 60107 and 60114(b)) related to gas
and hazardous liquid, the following amounts are authorized to
be appropriated to the Department of Transportation:
``(A) $41,500,000 for fiscal year 2002.
``(B) $44,500,000 for fiscal year 2003.
``(C) $45,800,000 for fiscal year 2004.
``(D) $46,300,000 for fiscal year 2005.
``(E) $46,300,000 for fiscal year 2006.
``(2) Allocations for research.--Of the amounts
appropriated pursuant to paragraph (1) for a fiscal year, not
less than the following amounts shall be used for research of
pipeline safety technologies described in section 60130:
``(A) $4,000,000 for fiscal year 2002.
``(B) $5,500,000 for fiscal year 2003.
``(C) $6,000,000 for fiscal year 2004.
``(D) $6,500,000 for fiscal year 2005.
``(E) $6,500,000 for fiscal year 2006.''.
(b) State Grants.--Section 60125 is amended--
(1) by striking subsections (b) and (d) and redesignating
subsections (c), (e), and (f) as subsections (b), (d), and (e),
respectively; and
(2) in subsection (b)(1) (as so redesignated) by striking
subparagraphs (A) through (H) and inserting the following:
``(A) $18,500,000 for fiscal year 2002.
``(B) $20,500,000 for fiscal year 2003.
``(C) $21,500,000 for fiscal year 2004.
``(D) $21,500,000 for fiscal year 2005.
``(E) $21,500,000 for fiscal year 2006.''.
(c) Oil Spills.--Section 60125 is amended by inserting after
subsection (b) (as redesignated by subsection (b)(1) of this section)
the following:
``(c) Oil Spill Liability Trust Fund.--Of the amounts available in
the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to
the Secretary of Transportation in each of fiscal years 2002 through
2006, as provided in appropriation Acts, to carry out programs
authorized in this Act.''.
(d) Conforming Amendment.--Section 60125(d) (as redesignated by
subsection (b)(1) of this section) is amended by striking ``or (b) of
this section''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Energy and Air Quality, for a period to be subsequently determined by the Chairman.
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