CLEAN Act

Corporate Liability and Emergency Accident Notification Act or CLEAN Act - Requires an owner or operator of a pipeline facility to provide immediate telephonic notice to the Secretary of Transportation (DOT) and the National Response Center within one hour following the discovery of a release of a hazardous liquid (or another substance) and gas. Requires the Secretary to issue guidance to clarify the meaning of the term "discovery."

Requires the Secretary to: (1) maintain on the DOT website a database of all reportable releases involving gas or hazardous liquid pipelines; and (2) allow the public to search the database for incidents by pipeline facility owner or operator.

Subjects to a civil penalty any person who has obstructed or prevented the Secretary from carrying out an inspection or investigation with respect to a gas or liquid pipeline accident.

Increases the maximum civil penalty: (1) from $100,000 to $250,000 for each violation of a federal pipeline safety requirement or order (including one-call notification and related requirements); and (2) from $1 million to $2.5 million for a related series of violations.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6008 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6008

 To amend title 49, United States Code, to ensure telephonic notice of 
               certain incidents, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

Mr. Schauer (for himself, Ms. Corrine Brown of Florida, Mr. Ehlers, Mr. 
  Walz, Mr. Upton, Mr. Peters, Mrs. Miller of Michigan, Mr. Smith of 
 Washington, Mr. Kildee, Mr. Conyers, Ms. Kaptur, Mrs. Halvorson, and 
Mr. Lipinski) 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 ensure telephonic notice of 
               certain incidents, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corporate Liability and Emergency 
Accident Notification Act'' or ``CLEAN Act''.

SEC. 2. NOTIFICATION OF INCIDENTS.

    (a) Telephonic Notice of Certain Incidents.--
            (1) In general.--Chapter 601 of title 49, United States 
        Code, is amended by adding at the end the following:
``Sec. 60138. Telephonic notice of certain incidents
    ``(a) In General.--An owner or operator of a pipeline facility 
shall provide immediate telephonic notice of--
            ``(1) a release of hazardous liquid or another substance 
        regulated under part 195 of title 49, Code of Federal 
        Regulations, resulting in an event for which notice is required 
        under section 195.50 of such title; or
            ``(2) a release of gas resulting in an incident, as defined 
        in section 191.3 of such title.
    ``(b) Immediate Telephonic Notice Defined.--In subsection (a), the 
term `immediate telephonic notice' means telephonic notice, as 
described in section 191.5 of such title, to the Secretary and the 
National Response Center at the earliest practicable moment following 
discovery of a release of gas or hazardous liquid and not later than 
one hour following the time of such discovery.
    ``(c) References.--Any reference to a regulation in this section 
means the regulation as in effect on the date of enactment of this 
section.''.
            (2) Clerical amendment.--The analysis for such chapter is 
        amended by adding at the end the following:

``60138. Telephonic notice of certain incidents.''.
    (b) Civil Penalties.--Section 60122(a)(1) of such title is 
amended--
            (1) in the first sentence--
                    (A) by striking ``, or 60118(a)'' and inserting 
                ``60118(a), or 60138'';
                    (B) by inserting ``, or has obstructed or prevented 
                the Secretary from carrying out an inspection or 
                investigation under this chapter,'' after ``under this 
                chapter''; and
                    (C) by striking ``$100,000'' and inserting 
                ``$250,000''; and
            (2) in the last sentence by striking ``$1,000,000'' and 
        inserting ``$2,500,000''.
    (c) Transparency of Accidents and Incidents.--Not later than 
October 1, 2010, the Secretary of Transportation shall maintain on the 
Department of Transportation's Internet Web site a database of all 
reportable incidents involving gas or hazardous liquid pipelines and 
allow the public to search the database for incidents by owner or 
operator of a pipeline facility.
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