Leonel Rondon Pipeline Safety Act
This bill addresses natural gas pipeline safety.
Among other things, the bill directs the Department of Transportation to require
The bill increases civil penalties for violations of natural gas pipeline safety standards.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2139 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2139
To amend title 49, United States Code, to improve pipeline safety, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2019
Mrs. Trahan (for herself, Mr. Moulton, and Mr. Kennedy) 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
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 ``Leonel Rondon Pipeline Safety Act''.
SEC. 2. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.
(a) In General.--Section 60109(e) of title 49, United States Code,
is amended by adding at the end the following:
``(7) In general.--
``(A) Evaluation of risk.--Not later than 1 year
after the date of enactment of this paragraph, the
Secretary shall promulgate regulations that ensure that
each distribution integrity management plan developed
by an operator of a distribution pipeline includes an
evaluation of--
``(i) the risks resulting from the presence
of cast iron pipes and mains in the
distribution system; and
``(ii) the risks that could lead to or
result from the operation of a distribution
pipeline above the maximum allowable operating
pressure (as described in section 192.619 of
title 49, Code of Federal Regulations (or
successor regulations)).
``(B) Consideration.--In the evaluations required
in a plan under subparagraph (A), the regulations
promulgated by the Secretary shall ensure that the
distribution integrity management plan evaluates future
potential threats in a manner that considers factors
other than past observed abnormal operating conditions
(as defined in section 192.803 of title 49, Code of
Federal Regulations (or successor regulations)) in
ranking risks and identifying measures to mitigate
those risks under that subparagraph, so that operators
avoid using a risk rating of zero for low probability
events unless otherwise supported by engineering
analysis.
``(C) Deadlines.--
``(i) In general.--Not later than 180 days
after the date of enactment of this paragraph,
each operator of a distribution pipeline shall
submit to the Secretary or to the relevant
certified State authority, if applicable, a
copy of--
``(I) the distribution integrity
management plan of the operator;
``(II) the emergency response plan
under section 192.615 of title 49, Code
of Federal Regulations (or successor
regulations); and
``(III) the procedural manual for
operations, maintenance, and
emergencies under section 192.605 of
title 49, Code of Federal Regulations
(or successor regulations).
``(ii) Updates.--Each operator of a
distribution pipeline shall submit to the
Secretary an updated plan or manual described
in clause (i) by not later than 60 days after
the date of the update.''.
(b) Monitoring.--Section 60105(e) of title 49, United States Code,
is amended--
(1) in the second sentence, by striking ``A State'' and
inserting the following:
``(2) Cooperation.--A State'';
(2) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(3) by adding at the end the following:
``(3) Audit program.--Not later than 1 year after the date
of enactment of this paragraph, the Secretary shall promulgate
regulations to update the annual State Program Evaluations to--
``(A) ensure that a State authority has the
capability to sufficiently review and evaluate the
adequacy of the plans and manuals described in section
60109(e)(7)(C)(i); and
``(B) require that a State authority has a
sufficient number of inspectors to ensure safe
operations, as determined by a formula that takes into
account factors including but not limited to--
``(i) the number of miles of cast iron pipe
in the State;
``(ii) the number of customers in the
State;
``(iii) population density in areas with
gas distribution pipeline;
``(iv) the age of the gas distribution
system in the State; and
``(v) environmental factors, including
relevant geological issues.''.
SEC. 3. EMERGENCY RESPONSE PLANS.
Section 60102 of title 49, United States Code, is amended by adding
at the end the following:
``(q) Emergency Response Plans.--Not later than 1 year after the
date of the enactment of this subsection, the Secretary shall
promulgate regulations to ensure that each emergency response plan
under section 192.615 of title 49, Code of Federal Regulations (or
successor regulations), developed by an operator of a distribution
pipeline includes written procedures for--
``(1) establishing communication with fire, police, and
other relevant public officials as soon as practicable, but not
later than 30 minutes, after a gas pipeline emergency that--
``(A) includes fires, explosions, or one or more
fatalities; or
``(B) results in the shutdown of gas service to
more than 100 customers;
``(2) establishing public communication as soon as
practicable and in consultation with fire, police, and other
public officials after a gas pipeline emergency that--
``(A) includes fires, explosions, or one or more
fatalities; or
``(B) results in the shutdown of gas service to
more than 100 customers; and
``(3) the development and implementation of a voluntary,
opt-in system that would allow operators of distribution
pipelines to rapidly communicate with customers in the event of
an emergency.''.
SEC. 4. OPERATIONS AND MAINTENANCE MANUALS.
Section 60102 of title 49, United States Code (as amended by
section 3), is amended by adding at the end the following:
``(r) Operations and Maintenance Manuals.--Not later than 1 year
after the date of enactment of this subsection, the Secretary shall
promulgate regulations to ensure that each procedural manual for
operations, maintenance, and emergencies under section 192.605 of title
49, Code of Federal Regulations (or successor regulations), developed
by an operator of a distribution pipeline includes written procedures
for--
``(1) responding to overpressurization alarms, including a
clear timeline and order of operations for shutting down
portions of the gas distribution system, if necessary; and
``(2) a detailed procedure for a management of change
process, which shall be applied to all changes to the
distribution system, and which shall ensure that relevant
employees of an operator of a distribution pipeline, as
determined through the regulations, review construction
documents for accuracy, completeness, and correctness.''.
SEC. 5. PIPELINE SAFETY MANAGEMENT SYSTEMS.
Section 60102 of title 49, United States Code (as amended by
section 4), is amended by adding at the end the following:
``(s) Pipeline Safety Management Systems.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall promulgate
regulations directing each operator of a distribution pipeline
to develop and implement a pipeline safety management systems
framework in accordance with Recommended Practice 1173 of the
American Petroleum Institute (API RP 1173).
``(2) Updates.--The Secretary may periodically revise such
regulations to adopt new best industry practices for promoting
safety management systems, as appropriate.
``(3) Submission.--Each operator of a distribution pipeline
shall submit to the Secretary or the relevant State authority,
as certified under section 60105 of title 49, United States
Code--
``(A) a copy of the pipeline safety management
systems framework developed under paragraph (1) by not
later than 2 years after the date of enactment of this
subsection; and
``(B) any updates to the framework described in
subparagraph (A) by not later than 3 years after the
date of enactment of this subsection after the update.
``(4) Evaluation and certification.--Under a timeline
established by the Secretary through regulation, the Secretary
or the relevant State authority, as certified under section
60105 of title 49, United States Code, shall--
``(A) evaluate pipeline safety management systems
frameworks developed under paragraph (1), including by
using independent third-party evaluators if necessary;
and
``(B) certify that--
``(i) those frameworks are effective and
complete; and
``(ii) operators of distribution pipelines
are in compliance with those frameworks.''.
SEC. 6. PIPELINE SAFETY PRACTICES.
Section 60102 of title 49, United States Code (as amended by
section 5), is amended by adding at the end the following:
``(t) Other Pipeline Safety Practices.--
``(1) Records.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall promulgate
regulations to require an operator of a distribution pipeline--
``(A) to develop and maintain traceable, reliable,
complete, and up-to-date records of the gas
distribution system in each region of operation that
depict high-, medium-, and low-gas pressure systems,
including maps and other drawings; and
``(B) to ensure that the records described in
subparagraph (A) are accessible to all employees of the
operator and provided to the Secretary or the relevant
State authority.
``(2) Approval of certain activities.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall promulgate regulations to require that, before
carrying out any covered task (as defined in section
192.801(b) of title 49, Code of Federal Regulations (or
successor regulations)), the covered task is approved
by a professional engineer licensed to practice in the
State in which it is to be carried out.
``(B) Inclusion.--In promulgating regulations under
subparagraph (A), the Secretary shall ensure that
professional engineers are provided access to all
relevant records and prior work plans needed to certify
the safety of the covered task.
``(C) Application.--The following provisions shall
not apply to a standard promulgated under subparagraph
(A):
``(i) Subsections (c) and (d) of section
60118.
``(ii) Section 60131(e)(5).
``(3) Presence of qualified employees.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the Secretary
shall promulgate regulations to require that not less
than 1 employee of an operator of a distribution
pipeline who is qualified to perform relevant covered
tasks (as defined in section 192.801(b) of title 49,
Code of Federal Regulations (or successor
regulations)), shall monitor gas pressure and have the
capability to shut down the flow of gas at a district
regulator station during any construction project that
has the potential to cause a hazardous over-
pressurization at that station, including tie-ins and
abandonment of distribution lines and mains, based on
an evaluation of threats that could result in unsafe
operation conducted by the operator.
``(B) Exclusion.--In promulgating regulations under
subparagraph (A), the Secretary shall ensure that those
regulations do not apply to a district regulating
station that has a monitoring system and the capability
for remote or automatic shutoff.
``(4) District regulator stations.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall promulgate regulations to require that each
operator of a distribution pipeline assesses and
upgrades, as appropriate, each district regulator
station of the operator to ensure that--
``(i) there is no possibility for a common
mode of failure in the regulator technology of
the station that could lead to an operating
pressure that is greater than the maximum
allowable operating pressure (as described in
section 192.619 of title 49, Code of Federal
Regulations (or successor regulations));
``(ii) the station has monitoring
technology that provides constant awareness of
gas pressure at the station; and
``(iii) the station has additional
pressure-relieving safety technology, such as a
relief valve or automatic shutoff valve, as
appropriate for the configuration and siting of
the station.
``(5) Minimum staffing requirements.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall promulgate regulations to promote sufficient
staffing for monitoring and regulating gas pressure
levels by each operator of a distribution pipeline.
``(B) Inclusions.--Regulations promulgated under
subparagraph (A) shall consider--
``(i) the total miles of gas main and
service pipeline within the service area of the
operator of the distribution pipeline;
``(ii) the age and material of the pipes
within the service area of the operator of the
distribution pipeline; and
``(iii) the number and density of customers
within the service area of the operator of the
distribution pipeline.''.
SEC. 7. CIVIL PENALTIES.
Section 60122(a)(1) of title 49, United States Code, is amended--
(1) in the first sentence, by striking ``$200,000'' and
inserting ``$20,000,000'';
(2) in the third sentence, by striking ``$2,000,000'' and
inserting ``$200,000,000''; and
(3) by adding at the end the following: ``The Secretary
shall annually adjust the penalties under this paragraph for
inflation.''.
<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 Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Energy.
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