Pipeline Safety Improvement Act of 2019
This bill addresses pipeline safety with respect to natural gas and hazardous liquid pipelines.
Among other provisions, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5175 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5175
To amend title 49, United States Code, to provide enhanced safety in
pipeline transportation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2019
Mr. Crawford (for himself, Mr. Graves of Missouri, Mr. Bost, Mr. Weber
of Texas, Mrs. Miller, Mr. Gibbs, Mr. Pence, Mr. Young, Mr. Babin, Mr.
Perry, Mr. Rodney Davis of Illinois, Mr. Stauber, Mr. Balderson, Mr.
LaMalfa, Mr. Spano, Mr. Meadows, Mr. Woodall, Mr. Katko, and Miss
Gonzalez-Colon of Puerto Rico) 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 provide enhanced safety in
pipeline transportation, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety
Improvement Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Strengthening operator qualification programs.
Sec. 4. Safety-related condition reports.
Sec. 5. Property damage threshold.
Sec. 6. Pipeline facility security.
Sec. 7. Access to oil spill response plans.
Sec. 8. National pipeline mapping system.
Sec. 9. Depth of cover for inland bodies of water.
Sec. 10. Pipeline operating status.
Sec. 11. Advancement of new pipeline safety technologies and
approaches.
Sec. 12. Pipeline safety voluntary information-sharing system.
Sec. 13. User fees.
Sec. 14. User fees for underground natural gas storage facilities.
Sec. 15. Liquefied natural gas facility safety.
Sec. 16. Unusually sensitive areas.
Sec. 17. Workforce.
Sec. 18. Nationwide integrated pipeline safety regulatory database.
Sec. 19. Regulatory updates.
Sec. 20. Construction project approvals.
Sec. 21. Report on emissions.
Sec. 22. Changes in class location.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) of title 49, United
States Code, is amended to read as follows:
``(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 are authorized to be
appropriated to the Secretary from fees collected under section
60301--
``(A) $150,000,000 for fiscal year 2020, of which
$9,000,000 shall be expended for carrying out such
section 12 and $60,000,000 shall be expended for making
grants;
``(B) $154,000,000 for fiscal year 2021, of which
$9,000,000 shall be expended for carrying out such
section 12 and $63,000,000 shall be expended for making
grants;
``(C) $158,000,000 for fiscal year 2022, of which
$9,000,000 shall be expended for carrying out such
section 12 and $66,000,000 shall be expended for making
grants; and
``(D) $162,000,000 for fiscal year 2023, of which
$9,000,000 shall be expended for carrying out such
section 12 and $69,000,000 shall be expended for making
grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated from the Oil Spill Liability
Trust Fund described in section 9509(a) of the Internal Revenue
Code of 1986 (26 U.S.C. 9509(a)) to carry out the provisions of
this chapter relating 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) $25,000,000 for fiscal year 2020, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of such Act; and
``(ii) $10,000,000 shall be used for making
grants;
``(B) $26,000,000 for fiscal year 2021, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of such Act; and
``(ii) $11,000,000 shall be used for making
grants;
``(C) $27,000,000 for fiscal year 2022, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of such Act; and
``(ii) $12,000,000 shall be used for making
grants; and
``(D) $28,000,000 for fiscal year 2023, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of such Act; and
``(ii) $13,000,000 shall be used for making
grants.
``(3) Underground natural gas storage facility safety
account.--To carry out section 60141, there is authorized to be
appropriated to the Secretary $8,000,000 from fees collected
under section 60302 for each of fiscal years 2020 through
2023.''.
(b) Operational Expenses.--Section 2(b) of the PIPES Act of 2016
(Public Law 114-183; 130 Stat. 515) is amended by striking paragraphs
(1) through (4) and inserting the following:
``(1) $25,000,000 for fiscal year 2020.
``(2) $26,000,000 for fiscal year 2021.
``(3) $27,000,000 for fiscal year 2022.
``(4) $28,000,000 for fiscal year 2023.''.
(c) Emergency Response Grants.--Section 60125(b) of title 49,
United States Code, is amended to read as follows:
``(b) Emergency Response Grants.--
``(1) In general.--The Secretary may establish a program to
make grants to State, county, local, and tribal governments and
nonprofit organizations providing pipeline emergency response
training, for--
``(A) emergency response management;
``(B) training; and
``(C) technical assistance.
``(2) Training requirements.--To the extent that a grant is
used to train emergency responders, any training shall ensure
that emergency responders can 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.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $12,000,000 for
each of fiscal years 2020 through 2023.''.
(d) One-Call Notification Programs.--Section 6107 of title 49,
United States Code, is amended by striking ``2016 through 2019'' and
inserting ``2020 through 2023''.
(e) Pipeline Safety Information Grants to Communities.--Section
60130(c) of title 49, United States Code, is amended to read as
follows:
``(c) Funding.--
``(1) In general.--Of the amounts made available under
section 2(b) of the PIPES Act of 2016, the Secretary shall use
$1,500,000 for each of fiscal years 2020 through 2023 to carry
out this section.
``(2) Limitation.--Any amounts used to carry out this
section may not be derived from user fees collected under
section 60301.''.
(f) Damage Prevention Programs.--Section 60134(i) of title 49,
United States Code, is amended in the first sentence by striking ``2012
through 2015'' and inserting ``2020 through 2023''.
(g) Pipeline Integrity Program.--Section 12(f) of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107-
355) is amended by striking ``2016 through 2019'' and inserting ``2020
through 2023''.
SEC. 3. STRENGTHENING OPERATOR QUALIFICATION PROGRAMS.
(a) Qualifications of Pipeline Operators.--Section 60102(a)(3) of
title 49, United States Code, is amended--
(1) by striking ``operates and maintains'' and inserting
``operates and maintains, or constructs,'';
(2) by inserting ``, a gas gathering line, or a hazardous
liquid gathering line'' before ``shall address'';
(3) by striking ``operator of a pipeline facility'' and
inserting ``operator of a pipeline facility, a gas gathering
line, or a hazardous liquid gathering line'';
(4) by striking ``operate and maintain'' and inserting
``operate and maintain, or construct'' each place it appears;
and
(5) by inserting ``, gas gathering lines, or hazardous
liquid gathering lines'' before the period at the end.
(b) Verification of Pipeline Qualification Programs.--Section 60131
of title 49, United States Code, is amended--
(1) in subsection (d) by adding at the end the following:
``(5) A management of change program that will communicate
changes that affect covered tasks to individuals performing
those covered tasks.''; and
(2) by striking subsection (g) and inserting the following:
``(g) Definitions.--In this section:
``(1) Covered task.--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, including any
subsequent modifications; and
``(B) with respect to a hazardous liquid pipeline
facility, has the meaning such term has under section
195.501 of such title, including any subsequent
modifications;
``(C) includes, with respect to a gas pipeline
facility or a hazardous liquid pipeline facility
described in subparagraphs (A) and (B), a construction
task.
``(2) Pipeline facility.--The term `pipeline facility'
includes regulated gas gathering lines and regulated hazardous
liquid gathering lines.''.
(c) Operator Qualification Program Effectiveness.--
(1) Rulemaking required.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Transportation
shall issue such regulations as are necessary to require
pipeline facility operator qualification programs to include a
written process to measure the effectiveness of the program at
minimizing human error during the performance of a covered
task.
(2) Considerations.--In issuing the regulations required
under paragraph (1), the Secretary shall consider the elements
of program effectiveness contained in the notice of proposed
rulemaking issued on July 10, 2015 titled ``Pipeline Safety:
Operator Qualification, Cost Recovery, Accident and Incident
Notification, and Other Pipeline Safety 3 Proposed Changes''
(80 Fed. Reg. 39916).
(3) Covered task defined.--In this subsection, the term
``covered task'' has the meaning given the term in section
60131(g) of title 49, United States Code.
SEC. 4. SAFETY-RELATED CONDITION REPORTS.
Section 60102(h) of title 49, United States Code, is amended--
(1) in paragraph (2) by striking ``Notice of the condition
shall be given concurrently to appropriate State
authorities.''; and
(2) by adding at the end the following:
``(3)(A) Notice of the condition of an intrastate or
interstate pipeline facility shall be given concurrently to
appropriate State authorities, as defined by the Secretary.
``(B) The Secretary shall require that when a State agency
receives a report on a safety-related condition, the State
agency shall provide the report to any State emergency response
commission, tribal emergency response commission, tribal
emergency planning committee, local emergency planning
committee, local government, or public agency responsible for
emergency response that requests the report, including any
updates to the report received by the State agency.''.
SEC. 5. PROPERTY DAMAGE THRESHOLD.
Section 60123(d)(2)(A) of title 49, United States Code, is amended
by striking ``$50,000'' and inserting ``$200,000''.
SEC. 6. PIPELINE FACILITY SECURITY.
Section 60123 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Penalty for Altering Physical Infrastructure.--
``(1) Definition of altering a pipeline facility.--In this
subsection, the term `altering a pipeline facility' means--
``(A) the unauthorized turning or manipulation of
any valve of a pipeline facility described in
subsection (b);
``(B) the puncturing of--
``(i) an existing pipeline that is in use
for a facility described in subsection (b); or
``(ii) a pipeline pipe, pump, or valve
intended to be used by a facility described in
subsection (b); or
``(C) causing a defect that would affect the
integrity of safe operations for--
``(i) an existing pipeline that is in use
for a facility described in subsection (b); or
``(ii) a pipeline pipe, pump, or valve
intended to be used by a facility described in
subsection (b).
``(2) Penalty.--A person knowingly and willfully altering a
pipeline facility shall be fined or imprisoned in accordance
with subsection (a).
``(3) Rule of construction.--Nothing in this subsection
abridges the exercise of rights guaranteed under the First
Amendment to the Constitution of the United States.''.
SEC. 7. ACCESS TO OIL SPILL RESPONSE PLANS.
Section 60138 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``and'';
(B) in paragraph (2)(D) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) provide to a Member of Congress, upon written request
from such Member, access to view a copy of the plan, the
contents of which the Secretary may not redact, but may note as
the Secretary determines appropriate--
``(A) proprietary information; and
``(B) security-sensitive information, including
information described in section 1520.5(a) of title 49,
Code of Federal Regulations.'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by adding at the end the following:
``(c) Limitations on Information Provided to Congress.--The
following requirements shall apply to any activities carried out under
subsection (a)(3):
``(1) To review an oil spill response plan, the
Administrator shall provide the Member access to a full and
unredacted paper copies of the plans for the Congressional
district of such Member in a secure reading room for purposes
of review only.
``(2) Congressional review of full and unredacted copies of
oil spill response plans carried out under such subsection
shall be the exclusive authority for congressional review of
such plans.
``(3) Information identified under subparagraph (A) and (B)
of subsection (a)(3) may not be distributed in any form,
including verbal, electronic or written communication, or
transmittal of copied image.
``(4) All information described in paragraph (3) shall
remain confidential and any unauthorized disclosure of such
information is subject to a fine of $10,000.
``(5) The provision of access to information described in
paragraph (3) shall not be construed to waive or amend the
obligations or authorities of the Administrator to protect
information from disclosure pursuant to section 552(b) of title
5, section 60138, or any other applicable laws.''.
SEC. 8. NATIONAL PIPELINE MAPPING SYSTEM.
(a) In General.--Section 60132 of title 49, United States Code, is
amended by striking subsection (f) and inserting the following:
``(f) Public Disclosure Limited.--Data and information submitted to
the Secretary under this section may not be disclosed to the public
pursuant to section 552(b)(3)(B) of title 5.''.
(b) Evaluation of Information.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue regulations on
the evaluation of the information required under paragraphs (1) through
(4) of section 60132(a) of title 49, United States Code, with respect
to gathering lines.
SEC. 9. DEPTH OF COVER FOR INLAND BODIES OF WATER.
Section 60140 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Data Set for Pipelines Crossing Certain Water Bodies.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall collect and
maintain geospatial data capable of identifying hazardous
liquid pipelines crossing inland bodies of water with a width
of at least 100 feet from high-water mark to high-water mark
and where the pipeline segment is within, or could affect, a
high consequence area (as defined in sections 192.903 and
195.450 of title 49, Code of Federal Regulations).
``(2) Public information.--The Secretary shall make the
data set collected and maintained under paragraph (1) available
on the publicly available website of the Department of
Transportation.
``(3) National pipeline mapping system.--The Secretary
shall include such data set in the National Pipeline Mapping
System for purposes of meeting the requirement under paragraph
(2).''.
SEC. 10. PIPELINE OPERATING STATUS.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 60142. Idled pipelines
``(a) Definition of Idled.--In this section, the term `idled', with
respect to a pipeline, means that the pipeline--
``(1)(A) has ceased normal operations;
``(B) will not resume service for a period of not less than
180 days;
``(2) has been isolated from all sources of hazardous
liquid, natural gas, or other gas;
``(3) has been purged of combustibles and hazardous
materials;
``(4) if a blanket of inert, nonflammable gas is placed in
the line, such gas must be at low pressure and odorized; and
``(5) has received approval from the Secretary to be
removed as an active pipeline.
``(b) Approval.--Before an operator may place a natural or other
gas pipeline facility or hazardous liquid pipeline facility into idled
status, the operator must request an approval, in writing, from the
Secretary.
``(c) Extension.--The Secretary may allow idled natural or other
gas pipeline facilities and hazardous liquid pipeline facilities to
remain in idled status for a period longer than described in paragraph
(a), provided that such request be made in writing and not exceed a
period of 5 years for each requested extension.
``(d) Rulemaking.--
``(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall promulgate
regulations prescribing the applicability of the pipeline
safety requirements to idled natural or other gas pipeline
facilities and hazardous liquid pipeline facilities.
``(2) Requirements.--The regulations promulgated under
paragraph (1) shall contain the following requirements:
``(A) In general.--The applicability of the
regulations under paragraph (1) shall be based on the
risk that idled natural or other gas pipeline
facilities and hazardous liquid pipeline facilities
pose to the public, property, and the environment, and
shall include requirements to resume operation.
``(B) Notification and approval.--The Secretary
shall establish procedures, including a requirement for
notification to the public, for requesting an approval,
described in subsection (b), and an extension,
described in subsection (c), before an operator changes
the operating status of a natural or other gas pipeline
facility or hazardous liquid pipeline facility.
``(C) Inspection.--The Secretary or an appropriate
State agency shall inspect each idled natural or other
gas pipeline facility or hazardous liquid pipeline
facility and verify that the pipeline has been purged
of combustibles and hazardous materials.
``(D) Requirements for reinspection.--The Secretary
shall determine the requirements for periodic
reinspection of idled natural or other gas pipeline
facilities and hazardous liquid pipeline facilities.
``(E) Inventory.--The Secretary shall require
operators to report to the Secretary information on
idled natural or other gas pipeline facilities and
hazardous liquid pipeline facilities in their system,
including the location of a pipeline, whether the
pipeline has been purged of combustibles and hazardous
materials, whether a blanket of inert gas remains in
the line, the date on which the operator idled the
pipeline, and a written description for why the
operator chose to place each pipeline into idle status.
``(e) Availability of Data.--
``(1) In general.--The Secretary shall make available to
the public the inventory required under subsection (d)(E), and
publish annually on a website accessible to the public a list
indicating pipeline operating status changes. The list shall
include--
``(A) the name of the operator;
``(B) the operating status change of the pipeline;
and
``(C) the approximate location, including beginning
and end point for the pipeline that is subject to the
change in operating status.''.
(b) Clerical Amendment.--The table of sections for chapter 601 of
title 49, United States Code, is amended by adding at the end the
following new item:
``60142. Idled pipelines.''.
SEC. 11. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND
APPROACHES.
(a) In General.--Chapter 601 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 60143. Pipeline safety technology testing programs
``(a) In General.--The Secretary may establish and carry out
limited safety-enhancing testing programs to evaluate innovative
technologies and operational practices testing the safe operation of--
``(1) a natural gas pipeline facility; or
``(2) a hazardous liquid pipeline facility.
``(b) Limitations.--
``(1) High population areas.--Any program established under
subsection (a) shall not be located in a high population area
(as defined in section 195.450 of title 49, Code of Federal
Regulations).
``(c) Duration.--The term of a testing program established under
subsection (a) shall be not more than a period of 4 years beginning on
the date of approval of the program.
``(d) Safety Standards.--
``(1) In general.--The Secretary shall require, as a
condition of approval of a testing program under subsection
(a), that the safety measures in the testing program are
designed to achieve a level of safety that is greater than, or
equivalent to, the level of safety required by this chapter.
``(2) Determination.--
``(A) In general.--The Secretary may issue an order
under subparagraph (A) of section 60118(c)(1) to
accomplish the purpose of a testing program for a term
not to exceed the time period described in subsection
(c) if the condition described in paragraph (1) is met,
as determined by the Secretary.
``(B) Limitation.--An order under subparagraph (A)
of such section shall pertain only to those regulations
that would otherwise prevent the use of the safety
technology to be tested under the testing program.
``(e) Considerations.--In establishing a testing program under
subsection (a), the Secretary shall consider--
``(1) whether the owners or operators participating in the
program have a safety management system in place;
``(2) whether the proposed safety technology has been
tested through a research and development program carried out
by--
``(A) the Secretary;
``(B) collaborative research development
organizations; or
``(C) other institutions; and
``(3) whether the pipeline segments tested by the program
are outside of a high population area (as defined in section
195.450 of title 49, Code of Federal Regulations).
``(f) Data and Findings.--As a participant in a testing program
established under subsection (a), an operator shall submit to the
Secretary detailed findings and a summary of data collected as a result
of participation in the testing program.
``(g) Authority To Revoke Participation.--The Secretary shall
immediately revoke participation in a testing program under subsection
(a) if--
``(1) the participant fails to comply with the terms and
conditions of the testing program; or
``(2) in the determination of the Secretary, continued
participation in the testing program by the participant would
be unsafe or would not be consistent with the goals and
objectives of this chapter.
``(h) Authority To Terminate Program.--The Secretary shall
immediately terminate a testing program under subsection (a) if
continuation of the testing program would not be consistent with the
goals and objectives of this chapter.
``(i) State Rights.--
``(1) Exemption.--Except as provided in paragraph (2), if a
State submits to the Secretary notice that the State requests
an exemption from any testing program considered for
establishment under this section, the State shall be exempt.
``(2) Limitations.--
``(A) In general.--The Secretary shall not grant a
requested exemption under paragraph (1) after a testing
program is established.
``(B) Late notice.--The Secretary shall not grant a
requested exemption under paragraph (1) if the notice
submitted under that paragraph is submitted to the
Secretary more than 10 days after the date on which the
Secretary issues an order providing an effective date
for the testing program.
``(3) Effect.--If a State has not submitted a notice
requesting an exemption under paragraph (1), the State shall
not enforce any law (including regulations) that is
inconsistent with a testing program in effect in the State
under this section.
``(j) Program Review Process and Public Notice.--
``(1) In general.--The Secretary shall publish in the
Federal Register a notice of each testing program under
subsection (a), including the order to be considered, and
provide an opportunity for public comment for not less than 60
days.
``(2) Response from secretary.--Not later than the date on
which the Secretary issues an order providing an effective date
of a testing program noticed under paragraph (1), the Secretary
shall respond to each comment submitted under that paragraph.
``(k) Report.--At the conclusion of each testing program, the
Secretary shall make publicly available on the website of the
Department of Transportation a report containing--
``(1) the findings and conclusions of the Secretary with
respect to the testing program; and
``(2) any recommendations of the Secretary with respect to
the testing program, including any recommendations for
amendments to laws (including regulations) and the
establishment of standards, that--
``(A) would enhance the safe operation of
interstate gas or hazardous liquid pipeline facilities;
and
``(B) are technically, operationally, and
economically feasible.
``(l) Standards.--If a report under subsection (k) indicates that
it is practicable to establish technically, operationally, and
economically feasible standards for the use of a safety-enhancing
technology and any corresponding operational practices tested by the
testing program described in the report, the Secretary, as soon as
practicable after submission of the report, may promulgate regulations
consistent with chapter 5 of title 5 (commonly known as the
`Administrative Procedures Act') that--
``(1) allow operators of interstate gas or hazardous liquid
pipeline facilities to use the relevant technology or practice
to the extent practicable; and
``(2) establish technically, operationally, and
economically feasible standards for the capability and
deployment of the technology or practice.''.
(b) Clerical Amendment.--The table of sections for chapter 601 of
title 49, United States Code, is further amended by adding at the end
the following:
``60143. Pipeline safety technology testing programs.''.
SEC. 12. PIPELINE SAFETY VOLUNTARY INFORMATION-SHARING SYSTEM.
(a) In General.--Chapter 601 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 60144. Voluntary information-sharing system
``(a) Establishment.--
``(1) In general.--Subject to the availability of funds,
the Secretary may establish a confidential and nonpunitive
voluntary information-sharing system (referred to in this
section as the `System') to encourage collaborative efforts to
improve inspection information feedback and information
sharing, with the purpose of improving natural gas transmission
and hazardous liquid pipeline safety.
``(2) Components.--The System--
``(A) shall include pipeline integrity risk
analysis information; and
``(B) may include other information relating to
reducing pipeline incidents, such as--
``(i) lessons learned from accidents and
near misses;
``(ii) process improvements;
``(iii) technology deployments; and
``(iv) other voluntary information-sharing
systems.
``(3) Requirement.--The System shall protect proprietary
information while encouraging the exchange of data, including
in-line inspection and dig verification data, among operators,
tool vendors, and the representatives of the Secretary to
facilitate the development of--
``(A) advanced pipeline-inspection technologies;
and
``(B) enhanced risk analysis.
``(4) Consultation.--If appropriate, the Secretary may
involve other public and private stakeholders in establishing
and maintaining the System.
``(b) Data Manager.--In carrying out this section, the Secretary
may engage a partner agency or nongovernmental entity to receive,
store, manage, and provide for the use of--
``(1) system data; and
``(2) information submitted to the System.
``(c) Limitation on Disclosure.--
``(1) Applicability of foia.--Any part of any record
(including, but not limited to an analysis by a pipeline
operator of the safety risks of the pipeline operator and a
statement of the mitigation measures identified by the pipeline
operator to address those risks) provided to the Secretary and
retained in the System is exempt from the requirements of
section 552 of title 5, and specifically exempt from release
under subsection (b)(3) of that section, if the record is--
``(A) supplied to the Secretary for purposes of the
System; or
``(B) made available for inspection and copying by
an officer, employee, or agent of the Secretary for
purposes of the System.
``(2) Exception.--Notwithstanding paragraph (1), the
Secretary in consultation with the information owner, may
disclose deidentified material or any part of any record
comprised of facts otherwise available to the public if, in the
sole discretion of the Secretary, the Secretary determines that
disclosure would be consistent with the confidentiality needed
for the System and improve pipeline safety.
``(d) Excluded Evidence.--Except as provided in subsection (f), any
data or information submitted to or stored, managed, analyzed, or
produced by the System shall not be used--
``(1) as evidence for any purpose in any Federal, State,
local, Tribal, or private litigation, including any action or
proceeding; or
``(2) to support any corrective action relating to a
probable violation under this chapter (including any regulation
promulgated or order issued under this chapter).
``(e) Exclusion From Discovery.--Except as provided in subsection
(f), any data or information submitted to or stored, managed, analyzed,
or produced by the System shall not be subject to discovery in any
Federal, State, local, Tribal, or private litigation or other
proceeding.
``(f) Limitations on Exclusion.--The exclusions described in
subsections (d) and (e) shall not apply to--
``(1) evidence of a knowing and willful violation;
``(2) a reportable release under sections 191.7 or 195.50
of title 49, Code of Federal Regulations (or a successor
regulation);
``(3) a safety-related condition under sections 191.7 or
195.55 of title 49, Code of Federal Regulations (or a successor
regulation); or
``(4) data or information obtained by the Secretary
independently of the System.
``(g) Governing Board.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a governing
board co-chaired by the Administrator and a representative of the
pipeline industry to--
``(1) govern the System through consensus of the board and
co-chairs;
``(2) develop governance documents and oversee their
enforcement; and
``(3) establish and appoint members of issue analysis
teams;
``(h) Confidentiality.--No person, including any System governing
board member, program manager, third-party data manager, issue analysis
team member, nor any Federal, State, local or tribal agency, having or
obtaining access to any data or information submitted to, stored,
managed, analyzed or produced by the System, shall release or
communicate that information to any person outside the System, with the
sole exception being the publication of reports by the System based on
analysis of de-identified information and safety related findings that
the System governing board in its sole discretion determines to publish
or authorize the Administration to publish.
``(i) Voluntary Participation.--No person may be compelled to
participate in or submit data or information to the System.
``(j) Sustainable Funding.--The Secretary shall explore sustainable
funding sources for the System, including public-private partnerships.
``(k) Effect.--Nothing in this section affects any Federal or State
pipeline safety law.
``(l) Limitation on Funding.--The Secretary may expend not more
than $1,000,000 for each of the fiscal years 2020 through 2024 to
establish the System.
``(m) Savings Clause.--Notwithstanding the protections provided
under this section, no pipeline operator may use the submission of
information to the System as protection against enforcement actions or
corrective orders that are based on information or evidence obtained
outside of the System.''.
(b) Clerical Amendment.--The table of sections for chapter 601 of
title 49, United States Code, is further amended by adding at the end
the following:
``60144.Voluntary information-sharing system.''.
SEC. 13. USER FEES.
Section 60301(d)(1) of title 49, United States Code, is amended--
(1) in subparagraph (A) by striking ``and'' at the end; and
(2) by adding at the end the following:
``(C) related to a liquefied natural gas pipeline
facility may be used only for an activity related to
liquefied natural gas pipeline facility under this
chapter; and''.
SEC. 14. USER FEES FOR UNDERGROUND NATURAL GAS STORAGE FACILITIES.
Section 60302 of title 49, United States Code, is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A) by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) may only be used to the extent provided in
advance in an appropriations Act.'';
(2) by striking paragraph (3) of subsection (c); and
(3) by adding at the end the following:
``(d) Limitations.--Fees imposed under subsection (a) shall be
sufficient to pay for the costs of activities described in subsection
(c), except that 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 activities to be financed by fees.''.
SEC. 15. LIQUEFIED NATURAL GAS FACILITY SAFETY.
(a) Liquefied Natural Gas Facility Standards Update.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall--
(A) review the minimum operating and maintenance
standards for liquefied natural gas facilities,
including small scale liquefied natural gas facilities,
peak shaving facilities, and large-scale liquefied
natural gas facilities, prescribed under section
60103(d) of title 49, United States Code; and
(B) based on the review under subparagraph (A),
update the safety standards described in that paragraph
applicable to liquefied natural gas facilities to
provide for a risk-based regulatory approach.
(2) Considerations.--In updating the minimum standards
under paragraph (1)(B), the Secretary shall consider the report
prepared under subsection (d)(5).
(3) Requirements.--The updates to the standards required
under this section shall, at a minimum, require operators,
consistent with recognized and generally accepted good
engineering practices--
(A) to develop and maintain written safety
information identifying hazards associated with--
(i) the processes of liquefied natural gas
conversion, storage, and transport;
(ii) equipment used in the processes; and
(iii) technology used in the processes;
(B) to conduct a hazard assessment, including the
identification of potential sources of accidental
releases, along with reassessments periodically;
(C) to establish a system to respond to the
findings of a hazard assessment conducted under
subparagraph (B) that addresses prevention, mitigation,
and emergency response; and
(D) to train employees in operating procedures with
an emphasis on addressing hazards, using safe
practices, and carrying out emergency response
activities.
(b) Liquefied Natural Gas Staffing and Expertise.--
(1) Liquefied natural gas expertise.--Not later than 60
days after the date of enactment of this Act, the Secretary
shall establish a division within the Office of Pipeline Safety
to ensure the safety and oversight of liquefied natural gas
facilities under section 60103 and 60111 of title 49, United
States Code, including small-scale liquefied natural gas
facilities, peak shaving facilities, and import or export
facilities.
(2) Functions.--The Liquefied Natural Gas division shall be
responsible for--
(A) developing regulations and guidance materials
for liquefied natural gas facilities;
(B) conducting compliance reviews and inspections
of liquefied natural gas facilities under section 60103
of title 49, United States Code;
(C) participate in liquefied natural gas facility
incident investigations;
(D) participate in enforcing applicable Federal
statutes and regulations for the safety of liquefied
natural gas facilities;
(E) conduct education, training, and outreach
regarding liquefied natural gas facility safety;
(F) manage the agency's research and development
activities for liquefied natural gas facilities; and
(G) perform other functions consistent with section
60103 and 60111 of such title.
(3) Staffing.--The Secretary shall employ personnel
necessary for carrying out the functions of the Liquefied
Natural Gas division set forth in paragraph (2) including--
(A) a deputy associate administrator; and
(B) adequate staffing and support staff positions,
including subject matter experts in liquefied natural
gas facilities who shall be dedicated to rulemaking
activities, subject matter experts in liquefied natural
gas facilities who shall perform inspection and
enforcement activities, and other necessary personnel
to support these activities.
(4) LNG subject matter experts.--To satisfy the
requirements of paragraph (3), the Secretary may appoint
personnel who have such expertise or may train personnel to
develop such expertise through use of the Center of Excellence
for Liquefied Natural Gas Safety and Training.
(5) Report.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until the
division is sufficiently staffed with LNG subject matter
experts, the Secretary shall report to the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate on the progress to
staff the division and any impediments to staffing.
(c) Center of Excellence for Liquefied Natural Gas Safety and
Training.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall establish a Center
of Excellence for Liquefied Natural Gas Safety and Training (in
this subsection referred to as the ``Center'').
(2) Functions.--The Center shall--
(A) promote, facilitate, and conduct--
(i) education;
(ii) training; and
(iii) research and technological
development;
(B) be a repository of information on best
practices relating to, and expertise on, liquefied
natural gas facility operations;
(C) foster collaboration among regulators,
industry, and other stakeholders;
(D) promote process safety advancements for
liquefied natural gas export facilities and the
incorporation of risk-based principles into the
operation, management, and regulatory oversight of LNG
facilities; and
(E) other functions deemed appropriate by the
Secretary.
(3) Bridge period.--Until the Center is operational and
able to meet the mission in paragraph (2), the Secretary may
enter into an agreement with an institution of higher education
or the LNG industry to provide education and training on the
safe operations of liquefied natural gas facilities, provided
that such period does not exceed 3 years.
(4) Consultation.--When establishing the Center, the agency
may consult with--
(A) Federal regulatory agencies of jurisdiction,
including--
(i) the Pipeline and Hazardous Materials
Safety Administration;
(ii) the Federal Energy Regulatory
Commission;
(iii) the Department of Energy;
(iv) the U.S. Coast Guard; and
(v) the Maritime Administration;
(B) States and units of local government;
(C) liquefied natural gas facility operators; and
(D) other interested parties.
(d) Liquefied Natural Gas Federal Advisory Committee.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish, in
accordance with the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.), a Liquefied Natural Gas Federal
Advisory Committee (in this subsection referred to as the
``Committee'').
(2) Duties.--The Committee shall--
(A) facilitate communication between liquefied
natural gas facility operators, public safety experts,
and Federal agencies on practices to ensure the safe
operation and maintenance of liquefied natural gas
facilities;
(B) provide the Secretary with timely information
about new liquefied natural gas facility technology and
safety practices and methodologies;
(C) provide a forum for the Secretary to provide
information on and to discuss the activities of the
Department of Transportation relating to liquefied
natural gas facility safety, and the policies
underlying such activities;
(D) advise the Secretary on how to promote,
facilitate, and conduct education, training, and
research on the industry best practices, industry
consensus standards, and expertise in liquefied natural
gas operations;
(E) advise the Secretary on how to recruit and
retain qualified personnel;
(F) advise the Secretary regarding the regulations
prescribed under section 60103 of title 49, United
States Code, and when updates to such regulations are
recommended; and
(G) advise the Secretary on other matters affecting
LNG safety, as the Secretary considers appropriate.
(3) Meetings.--The Committee shall hold regular meetings,
not less than biannually, to discuss issues related to
liquefied natural gas pipeline facility safety.
(4) Membership.--The Committee shall be composed of the
following members:
(A) Four individuals appointed by the Secretary to
represent the public, such as public safety experts
with knowledge of liquefied natural gas pipeline
facility safety, academics, or other qualified
individuals.
(B) Four individuals appointed by the Secretary to
represent States and units of local governments.
(C) Four individuals appointed by the Secretary to
represent the liquefied natural gas industry, two of
whom shall represent large-scale liquefied natural gas
facilities, one from a small-scale facility, and one
with peak shaving operations.
(D) Not less than one representative of the
following Federal regulatory agencies of jurisdiction:
(i) The Pipeline and Hazardous Materials
Safety Administration.
(ii) The Maritime Administration.
(iii) The Federal Energy Regulatory
Commission.
(iv) The Coast Guard.
(5) Report to the secretary.--Not later than 2 years after
the date of enactment of this Act, the Committee shall--
(A) review regulations issued pursuant to section
60103(d) of title 49, United States Code for conformity
with industry standards that apply risk-based
principles for process safety practices; and
(B) provide a report and recommendation to the
Secretary on how to best align regulations with
industry standards that apply risk-based principles for
process safety practices.
(6) Report to congress.--Not later than 90 days after the
date of enactment of this Act, and not less frequently than
every 30 days thereafter until the date on which all members of
the Committee have been appointed, the Secretary shall submit a
report to the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate to update
Congress on the status of the Committee, the progress of
appointing members to the Committee, and the identities of
individuals appointed to the Committee.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Transportation such sums as may be
necessary to carry out this section.
SEC. 16. UNUSUALLY SENSITIVE AREAS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall complete the
revision required under section 19(b) of the PIPES Act of 2016 (49
U.S.C. 60109 note).
(b) Further Requirement.--In completing the revision described in
subsection (a), the Secretary of Transportation shall use the following
definitions:
(1) Marine coastal water.--The term ``marine coastal
water'' means the territorial sea of the United States, the
Great Lakes and their connecting waters, the marine and
estuarine waters of the United States up to the head of tidal
influence, and the Exclusive Economic Zone as established by
Presidential Proclamation Number 5030, dated March 10, 1983.
(2) Coastal beach.--The term ``coastal beach'' means land
between high and low water marks in a marine coastal water.
SEC. 17. WORKFORCE.
(a) Staffing.--
(1) In general.--Not later than 1 year after the date of
enactment, the Secretary shall increase the number of full-time
equivalent employees (as compared to the number of positions on
the date of enactment of this Act) by--
(A) at least 8 full-time employees with subject
matter expertise in pipeline safety, pipeline
facilities, and pipeline systems to finalize
outstanding pipeline safety rulemakings and fulfill
mandates for the Office of Pipeline Safety of the
Pipeline and Hazardous Materials Safety Administration;
and
(B) at least 3 full-time attorneys with pipeline
industry of safety expertise in the Office of Chief
Counsel of the Pipeline Hazardous Materials Safety
Administration.
(2) Pipeline inspection and enforcement personnel.--The
Secretary shall ensure that the number of positions for
pipeline inspection and enforcement personnel in the Office of
Pipeline Safety of the Pipeline and Hazardous Materials Safety
Administration does not fall below the following:
(A) 222 for fiscal year 2020.
(B) 233 for fiscal year 2021.
(C) 245 for fiscal year 2022.
(D) 258 for fiscal year 2023.
(E) 272 for fiscal year 2024.
(b) Recruitment and Retention Authorities.--Not later than 30 days
after the date of enactment of this Act, the Secretary shall request
authority from the Office of Personnel Management to use incentives, as
necessary, to recruit and retain a qualified workforce, including--
(1) for inspection and enforcement personnel and subject
matter experts dedicated to rulemaking activities in the Office
of Pipeline Safety, including the Liquefied Natural Gas
division of the Pipeline Hazardous Materials Safety
Administration, as established under section 16(b)--
(A) special pay rates permitted under section 5305
of title 5, United States Code; and
(B) repayment of student loans accompanied by a
continued service agreement, permitted under section
5379 of title 5, United States Code; and
(2) for the Deputy Associate Administrator of the Liquefied
Natural Gas division in the Office of Pipeline Safety, as
established under section 16(b), critical position pay
permitted under section 5377 of title 5, United States Code.
(c) Report to Congress.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall transmit to the
Committees 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 that contains--
(A) the number of full-time personnel the agency
has hired to meet the requirements of subsection (a),
as well as the total number of personnel employed by
the Administrator;
(B) a description of the agency's efforts to comply
with subsection (b);
(C) a description of the personnel of the Liquefied
Natural Gas division in the Office of Pipeline Safety,
any impediments to hiring, and any personnel
constraints affecting the ability of the agency to
fulfill the authorities of such division; and
(D) any other details associated with the agency's
progress toward fulfilling the staffing levels and
pursuing the financial incentives as directed by this
section.
(2) Updates to report.--Not later than 90 days after the
date on which the report is transmitted under paragraph (1) and
not later than every 90 days thereafter until all statutory
mandates under this section are met, the Administrator shall
transmit an updated report that describes the actions taken
since the previous report.
SEC. 18. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY DATABASE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall submit to
the Committee on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate a report describing the
resources necessary for the Pipeline and Hazardous Materials Safety
Administration to establish the national integrated pipeline safety
regulatory inspection database described in the report required under
section 11(a) of the PIPES Act of 2016 (49 U.S.C. 60108 note).
(b) Contents.--The report required to be submitted under subsection
(a) shall include--
(1) a description of the steps necessary for the Pipeline
and Hazardous Materials Safety Administration and State
pipeline regulators to establish such database; and
(2) a timeline for the completion of such database.
SEC. 19. REGULATORY UPDATES.
(a) Office of Management and Budget Review of Regulations.--Not
later than 5 days after the date on which an outstanding regulation has
been under review by the Office of Management and Budget for more than
90 days, and every 15 days thereafter until the regulation is published
in the Federal Register, the Secretary of Transportation shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate that the outstanding regulation remains
under review by the Office of Management and Budget.
(b) Definition.--In this section, the term ``outstanding
regulation'' means a regulation regarding pipeline facilities required
under this Act or an Act enacted prior to the date of enactment of this
Act for which a final rule has not been published in the Federal
Register.
SEC. 20. CONSTRUCTION PROJECT APPROVALS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue such regulations as are
necessary to require that before a distribution pipeline construction
project begins, the plans for such project shall be approved by a
professional engineer, a subject matter expert, or other qualified
professional who possesses the necessary knowledge, experience, and
skills regarding natural gas distribution systems, as determined by the
Secretary.
(b) Access to Records.--In issuing the regulations under subsection
(a), the Secretary shall ensure that the any individuals approving
projects under subsection (a) are provided access to all relevant
records and prior work plans needed to approve the safety of the
construction project.
(c) Application.--Section 60118(c)(1) of title 49, United States
Code, shall not apply to a regulation issued under subsection (a).
SEC. 21. REPORT ON EMISSIONS.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall enter into
an agreement with the National Academy of Sciences to conduct a study
on technologies and measures that reduce the amount of natural gas
released during venting and blowdowns of natural gas distribution
systems and transmission pipelines.
(b) Consultation.--In carrying out the study, the National Academy
of Sciences may consult entities with expertise in the causes and
effects of natural gas releases and the use of technologies or measures
that prevent or mitigate releases of natural gas during venting and
blowdowns of natural gas distribution systems and transmission
pipelines.
(c) Report.--
(1) In general.--Not later than 18 months after the date on
which the National Academy of Sciences initiates the study, the
National Academy of Sciences shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives, 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
technologies and measures described in subsection (a).
(2) Contents.--The report required under paragraph (1)
shall include--
(A) an analysis of the amount of natural gas
released during venting and blowdowns of natural gas
distribution systems and transmission pipelines;
(B) an analysis of the environmental and health
impacts of releases of natural gas during such venting
and blowdowns; and
(C) an evaluation of pipeline technologies or
measures capable of safely and effectively reducing the
amount of natural gas released, including--
(i) an analysis of the environmental and
health benefits resulting from lower natural
gas releases as a result of using such
technologies or measures;
(ii) an analysis of the economic value of
the natural gas that is prevented from being
released as a result of the technologies or
measures;
(iii) an analysis of the cost of using such
technologies or measures, including the cost to
operators and any impacts on pipeline safety
and reliability;
(iv) an analysis of factors that affect the
feasibility and effectiveness of using such
technologies and measures; and
(v) a determination of whether the benefits
described in clauses (i) and (ii) outweigh the
costs described in clause (iii).
SEC. 22. CHANGES IN CLASS LOCATION.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Transportation shall issue final regulations that
permit the use of integrity management program requirements, or
elements thereof, to manage the safety of gas transmission pipeline
segments that experience a change in class location. Such regulations
shall be an alternative to the requirements of section 192.611 of title
49, Code of Federal Regulations, as in effect on the date of enactment
of this Act.
<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 Energy.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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