[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 162 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 162

To amend the Natural Gas Pipeline Safety Act of 1968 and the Hazardous 
Liquid Pipeline Safety Act of 1979 to improve natural gas and hazardous 
    liquid pipeline safety, in response to the natural gas pipeline 
        accident in Edison, New Jersey, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 5, 1995

 Mr. Lautenberg (for himself and Mr. Bradley) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Natural Gas Pipeline Safety Act of 1968 and the Hazardous 
Liquid Pipeline Safety Act of 1979 to improve natural gas and hazardous 
    liquid pipeline safety, in response to the natural gas pipeline 
        accident in Edison, New Jersey, 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 ``Pipeline Safety Improvement Act of 
1994''.

SEC. 2. RECOVERY BY SECRETARY OF TRANSPORTATION OF COSTS OF 
              INVESTIGATION OF CERTAIN PIPELINE ACCIDENTS.

    (a) Natural Gas Pipeline Accidents.--Section 14 of the Natural Gas 
Pipeline Safety Act of 1968 (49 U.S.C. App. 1681) is amended by adding 
at the end the following:
    ``(g)(1)(A) Subject to paragraphs (2) and (3), the Secretary may 
recover from any person who engages in the transportation of gas, or 
who owns or operates pipeline facilities, the costs incurred by the 
Secretary--
            ``(i) in investigating an accident with respect to such 
        transportation or facilities; and
            ``(ii) in overseeing the response of the person to the 
        accident.
    ``(B) For the purposes of this paragraph, the costs incurred by the 
Secretary in an investigation of an accident may include the cost of 
hiring additional personnel (including personnel to support monitoring 
activities by the Office of Pipeline Safety), the cost of tests or 
studies, and travel and administrative costs associated with the 
investigation.
    ``(2) The Secretary may not recover costs under this subsection 
with respect to an accident unless the accident--
            ``(A) results in death or personal injury; or
            ``(B) results in property damage (including the cost of any 
        lost natural gas) and environmental damage (including the cost 
        of any environmental remediation) in an amount in excess of 
        $250,000.
    ``(3) The amount that the Secretary may recover under this 
subsection with respect to an accident may not exceed $500,000.
    ``(4)(A) Amounts recovered by the Secretary under this subsection 
shall be available to the Secretary for purposes of the payment of the 
costs of investigating and overseeing responses to accidents under this 
subsection. Such funds shall be available to the Secretary for such 
purposes without fiscal year limitation.
    ``(B) Such amounts shall be used to supplement and not to supplant 
other funds made available to the Secretary for such purposes.''.
    (b) Hazardous Liquid Pipeline Accidents.--Section 211 of the 
Hazardous Liquid Pipeline Safety Act of 1979 (title II of Public Law 
96-129; 49 U.S.C. App. 2010) is amended by adding at the end the 
following:
    ``(g)(1)(A) Subject to paragraphs (2) and (3), the Secretary may 
recover from any person who engages in the transportation of hazardous 
liquids, or who owns or operates pipeline facilities, the costs 
incurred by the Secretary--
            ``(i) in investigating an accident with respect to such 
        transportation or facilities; and
            ``(ii) in overseeing the response of the person to the 
        accident.
    ``(B) For the purposes of this paragraph, the costs incurred by the 
Secretary in an investigation of an accident may include the cost of 
hiring additional personnel (including personnel to support monitoring 
activities by the Office of Pipeline Safety), the cost of tests or 
studies, and travel and administrative costs associated with the 
investigation.
    ``(2) The Secretary may not recover costs under this subsection 
with respect to an accident unless the accident--
            ``(A) results in death or personal injury; or
            ``(B) results in property damage (including the cost of any 
        lost hazardous liquid) and environmental damage (including the 
        cost of any environmental remediation) in an amount in excess 
        of $250,000.
    ``(3) The amount that the Secretary may recover under this 
subsection with respect to an accident may not exceed $500,000.
    ``(4)(A) Amounts recovered by the Secretary under this subsection 
shall be available to the Secretary for purposes of the payment of the 
costs of investigating and overseeing responses to accidents under this 
subsection. Such funds shall be available to the Secretary for such 
purposes without fiscal year limitation.
    ``(B) Such amounts shall be used to supplement and not to supplant 
other funds made available to the Secretary for such purposes.''.

SEC. 3. GRANTS TO STATES AND ONE-CALL NOTIFICATION SYSTEMS TO PROMOTE 
              USE OF SUCH SYSTEMS.

    (a) Grants to States.--Subsection (c) of section 20 of the Natural 
Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1687) is amended by 
adding at the end the following: ``The Secretary may make a grant to a 
State for development and establishment of a one-call notification 
system only if the State ensures that the cost of establishing and 
operating the system are shared equitably by persons owning or 
operating underground facilities.''.
    (b) Grants to Systems.--Such subsection is further amended--
            (1) by striking ``Grants to States.--'' and inserting 
        ``Grants to States and Systems.--(1)''; and
            (2) by adding at the end the following:
    ``(2)(A) The Secretary may also make grants to one-call 
notification systems for activities relating to the promotion of the 
utilization of such systems.
    ``(B) The Secretary shall ensure that the Federal share of the cost 
of the activities referred to in subparagraph (A) under any grant made 
under this paragraph does not exceed 50 percent of the cost of such 
activities.''.
    (c) Sanctions.--Subsection (b)(9) of such section is amended by 
inserting ``, or that would provide for effective civil or criminal 
penalty sanctions or equitable relief appropriate to the nature of the 
offense'' after ``12 of this Act''.
    (d) Conforming Amendment.--Subsection (f) of such section is 
amended by striking out ``subsection (c)'' and inserting in lieu 
thereof ``subsection (c)(1)''.

SEC. 4. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.

    (a) Natural Gas Pipeline Facilities.--Section 14(a) of the Natural 
Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1681(a)) is amended by 
inserting after ``and training activities'' the following: ``and 
promotional activities relating to prevention of damage to pipeline 
facilities''.
    (b) Hazardous Liquid Pipeline Facilities.--Section 211(a) of the 
Hazardous Liquid Pipeline Safety Act of 1979 (title II of Public Law 
96-129; 49 U.S.C. App. 2010(a)) is amended by inserting after ``and 
training activities'' the following: ``and promotional activities 
relating to prevention of damage to pipeline facilities''.

SEC. 5. ELECTRONIC DATA ON PIPELINE FACILITIES FOR RISK ASSESSMENT AND 
              SAFETY PLANNING.

    (a) Authority To Develop.--The Secretary of Transportation may 
develop an electronic data base containing uniform information on the 
nature, extent, and geographic location of pipeline facilities. The 
purpose of the data base shall be to provide information on such 
facilities to the Secretary, owners of pipeline facilities, as persons 
engaged in transporting gas or hazardous liquids through pipeline 
facilities, and for secured use by State agencies concerned with land 
use planning, environmental regulation, and pipeline regulatory 
oversight, in order to facilitate risk assessment and safety planning 
with respect to such facilities.
    (b) Contract and Grant Authority.--(1) Subject to paragraph (2), 
the Secretary may develop the data base described under subsection (a) 
by entering into contracts or cooperative agreements with any entity 
that the Secretary determines appropriate for that purpose and by 
making grants to States or institutions of higher education for that 
purpose.
    (2) The Secretary shall ensure that the Federal share of the cost 
of any activities carried out under a grant or cooperative agreement 
made under this subsection does not exceed 50 percent of the cost of 
such activities.
    (c) Use of Geographic Information System Technology.--In developing 
the data base described in subsection (a), the Secretary shall, to the 
maximum extent practicable, develop a data base that--
            (1) utilizes Geographic Information System technology or 
        any similar technology providing data of an equivalent quality 
        and usefulness; and
            (2) permits ready incorporation of data and information 
        from a variety of sources.
    (d) Definition.--For purposes of this section, the term ``pipeline 
facility'' has the meaning given such term in section 20(e) of the 
Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1687(e)).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Natural Gas Pipeline Safety Act of 1968.--(1) Section 17(a) of 
the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1684(a)) is 
amended--
            (A) in paragraph (12), by striking ``and'';
            (B) by striking paragraph (13); and
            (C) by adding after paragraph (12) the following new 
        paragraphs:
            ``(13) $20,000,000 for the fiscal year ending September 30, 
        1995;
            ``(14) $30,000,000 for the fiscal year ending September 30, 
        1996; and
            ``(15) $35,000,000 for the fiscal year ending September 30, 
        1997.''.
    (2) Section 17(c) of the Natural Gas Pipeline Safety Act of 1968 
(49 U.S.C. App. 1684(c)) is amended by striking ``and $10,000,000 for 
the fiscal year ending September 30, 1995'' and inserting in lieu 
thereof ``$16,500,000 for the fiscal year ending September 30, 1995, 
$19,000,000 for the fiscal year ending September 30, 1996, and 
$21,500,000 for the fiscal year ending September 30, 1997''.
    (b) Hazardous Liquid Pipeline Safety Act of 1979.--Section 214(a) 
of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 
2013(a)) is amended--
            (1) in paragraph (12), by striking ``and'';
            (2) by striking paragraph (13); and
            (3) by adding after paragraph (12) the following new 
        paragraphs:
            ``(13) $7,000,000 for the fiscal year ending September 30, 
        1995;
            ``(14) $10,000,000 for the fiscal year ending September 30, 
        1996; and
            ``(15) $11,000,000 for the fiscal year ending September 30, 
        1997.''.

SEC. 7. SITING OF INTERSTATE TRANSMISSION FACILITIES.

    (a) Siting Guidelines.--Within 2 years after the date of enactment 
of this Act, the Federal Energy Regulatory Commission shall review its 
practices and guidelines for siting natural gas interstate transmission 
facilities in urban areas to determine whether changes are needed in 
the areas of--
            (1) selecting routes for pipelines; and
            (2) determining the appropriate width of rights-of-way.
    (b) Educational Information for Local Jurisdictions.--(1)(A) Within 
2 years after the date of enactment of this Act, the Secretary, in 
consultation with the Federal Energy Regulatory Commission, shall make 
educational information available, regarding natural gas interstate 
transmission facilities permits and rights-of-way and issues with 
respect to development in the vicinity of such interstate transmission 
facilities, for distribution to appropriate agencies of local 
governments with jurisdiction over the lands through which natural gas 
interstate transmission facilities pass.
    (B) For purposes of this section, the term ``interstate 
transmission facilities'' has the meaning given such term in section 
2(8) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 
1671(8)).
    (2)(A) Within 2 years after the date of enactment of this Act, the 
Secretary shall make educational information available, regarding 
hazardous liquid interstate pipeline facilities rights-of-way and 
issues with respect to development in the vicinity of such interstate 
pipeline facilities, for distribution to appropriate agencies of local 
governments with jurisdiction over the lands through which hazardous 
liquid interstate pipeline facilities pass.
    (B) For purposes of this paragraph, the term ``interstate pipeline 
facilities'' has the meaning given such term in section 202(5) of the 
Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001(5)).
    (3) There are authorized to be appropriated to the Secretary of 
Energy for carrying out this subsection, $2,000,000, to remain 
available until expended.

SEC. 8. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

    (a) Natural Gas Pipeline Safety Act of 1968.--
            (1) Amendment.--The Natural Gas Pipeline Safety Act of 1968 
        (49 U.S.C. App. 1671 et seq.) is amended by adding at the end 
        the following new section:

``SEC. 22. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

    ``(a) Prohibition.--No person shall excavate within the right-of-
way of a natural gas interstate transmission facility, or any other 
limited area in the vicinity of such interstate transmission facility 
established by the Secretary, and dispose solid waste therein.
    ``(b) Definition.--For purposes of this section, the term `solid 
waste' has the meaning given such term in section 1004(27) of the Solid 
Waste Disposal Act (42 U.S.C. 6903(27)).''.
            (2) Conforming amendment.--Section 11(a)(1) of the Natural 
        Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1679a(a)(1)) is 
        amended by striking ``or section 20(h)'' and inserting in lieu 
        thereof ``, section 20(h), or section 22(a)''.
    (b) Hazardous Liquid Pipeline Safety Act of 1979.--
            (1) Amendment.--The Hazardous Liquid Pipeline Safety Act of 
        1979 (49 U.S.C. App. 2001 et seq.) is amended by adding at the 
        end the following new section:

``SEC. 221. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

    ``(a) Prohibition.--No person shall excavate within the right-of-
way of a hazardous liquid interstate pipeline facility, or any other 
limited area in the vicinity of such interstate pipeline facility 
established by the Secretary, and dispose solid waste therein.
    ``(b) Definition.--For purposes of this section, the term `solid 
waste' has the meaning given such term in section 1004(27) of the Solid 
Waste Disposal Act (42 U.S.C. 6903(27)).''.
            (2) Conforming amendment.--Section 208(a)(1) of the 
        Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 
        2007(a)(1)) is amended by inserting ``or section 221(a)'' after 
        ``section 207(a)''.

SEC. 9. PERIODIC INSPECTION BY INSTRUMENTED INTERNAL INSPECTION 
              DEVICES.

    (a) Natural Gas Pipeline Safety Act of 1968.--Section 3(g)(2) of 
the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672(g)(2)) 
is amended--
            (1) by striking ``Not later than 3 years after the date of 
        the enactment of this paragraph'' and inserting in lieu thereof 
        ``Not later than 1 year after the date of the enactment of the 
        Natural Gas Pipeline Safety Improvement Act of 1994''; and
            (2) in the first sentence, by inserting ``and shall 
        prescribe a schedule or schedules for such inspections'' after 
        ``operator of the pipeline''.
    (b) Hazardous Liquid Pipeline Safety Act of 1979.--Section 
203(k)(2) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 
U.S.C. App. 2002(k)(2)) is amended--
            (1) by striking ``Not later than 3 years after the date of 
        the enactment of this paragraph'' and inserting in lieu thereof 
        ``Not later than 1 year after the date of the enactment of the 
        Natural Gas Pipeline Safety Improvement Act of 1994''; and
            (2) in the first sentence, by inserting ``and shall 
        prescribe a schedule or schedules for such inspections'' after 
        ``operator of the pipeline''.

SEC. 10. PROMOTING PUBLIC AWARENESS FOR NEIGHBORS OF PIPELINES.

    (a) Natural Gas Pipeline Safety Act of 1968.--Section 18 of the 
Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1685) is 
amended by adding at the end the following new subsections:
    ``(c) Promoting Public Awareness for Neighbors of Pipelines.--Not 
later than 1 year after the date of enactment of this subsection, and 
annually thereafter, the owner or operator of each interstate 
transmission facility shall notify all residents within 1000 yards, or 
such other distance as the Secretary determines appropriate, of such 
interstate transmission facility of--
            ``(1) the general location of the interstate transmission 
        facility;
            ``(2) a request for reporting of any instances of 
        excavation or dumping on or near the interstate transmission 
        facility;
            ``(3) a phone number to use to make such reports; and
            ``(4) appropriate procedures for such residents to follow 
        in response to accidents concerning interstate transmission 
        facilities.
    ``(d) Public Education.--The Secretary shall develop, in 
conjunction with appropriate representatives of the natural gas 
pipeline industry, public service announcements to be broadcast or 
published to educate the public about pipeline safety.''.
    (b) Hazardous Liquid Pipeline Safety Act of 1979.--Section 212 of 
the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2011) 
is amended by adding at the end the following new subsections:
    ``(e) Promoting Public Awareness for Neighbors of Pipelines.--Not 
later than 1 year after the date of enactment of this subsection, and 
annually thereafter, the owner or operator of each interstate pipeline 
facility shall notify all residents within 1000 yards, or such other 
distance as the Secretary determines appropriate, of such interstate 
pipeline facility of--
            ``(1) the general location of the interstate pipeline 
        facility;
            ``(2) a request for reporting of any instances of 
        excavation or dumping on or near the interstate pipeline 
        facility;
            ``(3) a phone number to use to make such reports; and
            ``(4) appropriate procedures for such residents to follow 
        in response to accidents concerning interstate pipeline 
        facilities.
    ``(f) Public Education.--The Secretary shall develop, in 
conjunction with appropriate representatives of the hazardous liquid 
pipeline industry, public service announcements to be broadcast or 
published to educate the public about pipeline safety.''.

SEC. 11. REMOTELY OR AUTOMATICALLY CONTROLLED VALVES.

    Section 3 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 
App. 1672) is amended by adding at the end the following new 
subsection:
    ``(l) Remotely or Automatically Controlled Valves.--Not later than 
18 months after the date of enactment of this subsection, the Secretary 
shall issue regulations requiring the installation and use, wherever 
technically and economically feasible, of remotely or automatically 
controlled valves that are reliable and capable of shutting off the 
flow of gas in the event of an accident, including accidents in which 
there is a loss of the primary power source. In developing proposed 
regulations, the Secretary shall consult with, and give special 
consideration to recommendations of, appropriate groups from the gas 
pipeline industry, such as the Gas Research Institute.''.

SEC. 12. BASELINE INFORMATION.

    (a) Natural Gas Pipeline Safety Act of 1968.--Section 3(g) of the 
Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672(g)) is 
amended by adding at the end the following new paragraph:
            ``(3) Baseline information.--Before transporting natural 
        gas through a pipeline which, because of its design, 
        construction, or replacement, is required by regulations issued 
        under paragraph (1) to accommodate the passage of instrumented 
        internal inspection devices, the owner or operator of such 
        pipeline shall, using such a device, obtain baseline 
        information with respect to the safety of the pipeline.''.
    (b) Hazardous Liquid Pipeline Safety Act of 1979.--Section 203(k) 
of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 
2002(k)) is amended by adding at the end the following new paragraph:
            ``(3) Baseline information.--Before transporting hazardous 
        liquids through a pipeline which, because of its design, 
        construction, or replacement, is required by regulations issued 
        under paragraph (1) to accommodate the passage of instrumented 
        internal inspection devices, the owner or operator of such 
        pipeline shall, using such a device, obtain baseline 
        information with respect to the safety of the pipeline.''.
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