[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2438 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2438

  To provide for enhanced safety, public awareness, and environmental 
     protection in pipeline transportation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2000

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

_______________________________________________________________________

                                 A BILL


 
  To provide for enhanced safety, public awareness, and environmental 
     protection 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; AMENDMENT OF TITLE 49, UNITED STATES CODE; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``King and Tsiorvas 
Pipeline Safety Improvement Act of 2000''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.

SEC. 2. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.

    (a) In General.--The Secretary shall implement the safety 
improvement recommendations provided for in the Department of 
Transportation Inspector General's Report (RT-2000-069).
    (b) Reports by the Secretary.--Not later than 90 days after the 
date of enactment of this Act, and every 90 days thereafter until each 
of the recommendations referred to in subsection (a) has been 
implemented, the Secretary shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the specific actions taken to implement such recommendations.
    (c) Reports by the Inspector General.--The Inspector General shall 
periodically transmit to the Committees referred to in subsection (b) a 
report assessing the Secretary's progress in implementing the 
recommendations referred to in subsection (a) and identifying options 
for the Secretary to consider in accelerating recommendation 
implementation.

SEC. 3. NTSB SAFETY RECOMMENDATIONS.

    (a) In General.--The Secretary of Transportation, the Administrator 
of Research and Special Program Administration, and the Director of the 
Office of Pipeline Safety shall fully comply with section 1135 of title 
49, United States Code, to ensure timely responsiveness to National 
Transportation Safety Board recommendations about pipeline safety.
    (b) Public Availability.--The Secretary, Administrator, or 
Director, respectively, shall make a copy of each recommendation on 
pipeline safety and response, as described in sections 1135 (a) and (b) 
of title 49, United States Code, available to the public at reasonable 
cost.
    (d) Reports to Congress.--The Secretary, Administrator, or 
Director, respectively, shall submit to the Congress by January 1 of 
each year a report containing each recommendation on pipeline safety 
made by the Board during the prior year and a copy of the response to 
each such recommendation.

SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

    (a) Training Plan.--Each pipeline operator shall submit to the 
Secretary of Transportation a training plan that is designed to enhance 
training for pipeline personnel and to reduce the likelihood of 
accidents and injuries. The plan shall be submitted not more than 6 
months after the date of enactment of this Act.
    (b) Requirements.--The enhanced training plan shall include, at a 
minimum, criteria to demonstrate the ability of an individual to safely 
and properly perform assigned tasks. The plan shall also provide for 
periodic retraining and reexamination of pipeline employee 
qualifications as appropriate. The Secretary is authorized to review 
the submitted plans to determine if they are sufficient to provide a 
safe operating environment and shall periodically review the plans to 
ensure the continuation of a safe operation. The Secretary may 
establish minimum standards for operators to include in the training 
plans.

SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

    Not later than 12 months after the date of enactment of this Act, 
the Secretary shall issue regulations requiring pipeline operators to 
periodically determine the adequacy of pipelines to operate safely in 
unusually sensitive areas and high-density population areas. Such 
regulations shall, at a minimum, require operators to perform periodic 
inspections or tests capable of identifying corrosion, mechanical 
damage or other structural or operational defects that could be 
detrimental to safety and the environment.

SEC. 6. SHUTDOWN AUTHORITY.

    Section 60112 is amended by adding at the end thereof the 
following:
    ``(f) Shutdown Authority.--
            ``(1) In general.--If the Secretary determines that 
        allowing the continued operation of a hazardous liquid or 
        natural gas pipeline creates an imminent hazard (as defined in 
        section 5102(5)), the Secretary shall take such action as may 
        be necessary to prevent the operator of that system from 
        operating that pipeline for 30 days.
            ``(2) Subsequent extension after notice and hearing.--After 
        taking action under paragraph (1), the Secretary may extend the 
        period that action is in effect for an additional period of up 
        to 30 days if the Secretary determines, after notice and an 
        opportunity for a hearing, that allowing the operator to resume 
        operation of the pipeline would create an imminent hazard (as 
        defined in section 5102).''.

SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS, AND COMMUNITY RIGHT 
              TO KNOW.

    (a) Section 60116 is amended to read as follows:
``Sec.  60116. Public education, emergency preparedness, and community 
              right to know
    ``(a) Public Education Programs.--
            ``(1) Each owner or operator of a gas or hazardous liquid 
        pipeline facility shall carry out a continuing program to 
        educate the public on the use of a one-call notification system 
        prior to excavation and other damage prevention activities, the 
        possible hazards associated with unintended releases from the 
        pipeline facility, the physical indications that such a release 
        may have occurred, what steps should be taken for public safety 
        in the event of a pipeline release, and how to report such an 
        event.
            ``(2) Within 12 months after the date of enactment of the 
        King and Tsiorvas Pipeline Safety Improvement Act of 2000, each 
        owner or operator of a gas or hazardous liquid pipeline 
        facility shall review its existing public education program for 
        effectiveness and modify the program as necessary. The 
        completed plan shall include activities to advise 
        municipalities, school districts, businesses, and residents of 
        pipeline facility locations. The completed plans shall be 
        submitted to the Secretary and shall be periodically reviewed 
        by the Secretary.
            ``(3) The Secretary may issue standards prescribing the 
        elements of an effective public education program. The 
        Secretary may also develop material for use in the program.
    ``(b) Emergency Preparedness.--Within 12 months after the date of 
enactment of the King and Tsiorvas Pipeline Safety Improvement Act of 
2000, an operator of a gas transmission or hazardous liquid pipeline 
facility shall initiate and maintain liaison with the State emergency 
response commissions, and local emergency planning committees in the 
areas of pipeline right-of-way, established under section 301 of the 
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11001) in each State in which it operates. An operator shall, when 
requested, make available to the State emergency response commissions 
and local emergency planning committees the information described in 
section 60102(d), any program for integrity management, and information 
about implementation of that program. The information about the 
facility within the public official's area shall also include, at a 
minimum--
            ``(1) the business name, address, telephone number of the 
        operator, including a 24-hour emergency contact number;
            ``(2) a description of the facility including pipe 
        diameter, the product or products carried, and the operating 
        pressure;
            ``(3) maps showing the location of the facility and any 
        high consequence areas which the pipeline facility traverses or 
        adjoins and abuts;
            ``(4) a summary description of the integrity measures the 
        operator uses to assure safety and protection for the 
        environment; and
            ``(5) a point of contact to respond to questions from 
        emergency response representative.
In a community without a local emergency planning committee, the 
operator shall maintain liaison with the local fire, police, and other 
emergency response agencies.
    ``(c) Community Right To Know.--Not later than 12 months after the 
date of enactment of the King and Tsiorvas Pipeline Safety Improvement 
Act of 2000, and annually thereafter, the owner or operator of each gas 
or hazardous liquid pipeline facility shall provide to the governing 
body of each municipality in which the pipeline facility is located, a 
map identifying the location of such facility. The Secretary may 
provide technical assistance to the pipeline industry on developing 
public safety and public education program content and best practices 
for program delivery, and on evaluating the effectiveness of the 
programs. The Secretary may also provide technical assistance to State 
and local officials in applying practices developed in these programs 
to their activities.
    ``(d) Public Availability of Reports.--The Secretary shall make 
available to the public a safety-related condition report filed by an 
operator under section 60102 (h) and a report of a pipeline incident 
filed by an operator under this chapter.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 601 is 
amended by striking the item relating to section 60116 and inserting 
the following:

``60116. Public education, emergency preparedness, community right to 
                            know.''.

SEC. 8. PENALTIES.

    Subsection 60122(a)(1) is amended--
            (1) by striking ``$25,000'' and inserting ``$100,000''; and
            (2) by striking ``$100,000'' and inserting ``$1,000,000''.

SEC. 9. ENHANCED STATE OVERSIGHT.

    (a) Section 60106(a) is amended by inserting ``(1)'' before the 
current text of the subsection, redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), and adding at the end the following:
    ``(2) If the Secretary accepts a certification under section 60105 
of this title, the Secretary may make an agreement with a State 
authority authorizing it to participate in the oversight of interstate 
pipeline transportation. An agreement shall include a plan for the 
State authority to participate in special investigations involving new 
construction or incidents.
    ``(3) An agreement under paragraph (2) may also include a program 
allowing for participation by the State authority in other activities 
overseeing interstate pipeline transportation that supplement the 
Secretary's program and address issues of local concern, provided that 
the Secretary determines that--
            ``(A) there are no significant gaps in the regulatory 
        jurisdiction of the State authority over intrastate pipeline 
        transportation;
            ``(B) implementation of the agreement will not adversely 
        affect the oversight of intrastate pipeline transportation by 
        the State authority;
            ``(C) the program allowing participation of the State 
        authority is consistent with the Secretary's program for 
        inspection;
            ``(D) the State promotes preparedness and prevention 
        activities that enable communities to live safely with 
        pipelines; and
            ``(E) the state meets the minimum standards for State one-
        call notification set forth in chapter 61.''.
    (b) Section 60106(d) is amended by inserting after the first 
sentence the following: ``In addition, the Secretary may end an 
agreement for the oversight of interstate pipeline transportation when 
the Secretary finds that there are significant gaps in the regulatory 
authority of the State authority over intrastate pipeline 
transportation, or that continued participation by the State authority 
in the oversight of interstate pipeline transportation is not 
consistent with the Secretary's program or would adversely affect 
oversight of intrastate pipeline transportation, or that the State is 
not promoting activities that enable communities to live safely with 
pipelines.''.

SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

    Within 12 months after the date of enactment of this Act, the 
Secretary shall develop and implement a comprehensive plan for the 
collection and use of gas and hazardous liquid pipeline data to revise 
the causal categories on the accident report forms to eliminate 
overlapping and confusing categories and include subcategories. The 
plan shall include components to provide the capability to perform 
sound accident trend analysis and evaluations of pipeline operator 
performance using normalized accident data.

SEC. 11. SUPPORT FOR INNOVATIVE TECHNOLOGY DEVELOPMENT.

    As part of the Department's research and development program, the 
Secretary of Transportation shall direct research attention to the 
development of alternative technologies--
            ``(1) to expand the defect detection capabilities of 
        internal inspection devices;
            ``(2) to inspect pipelines that cannot accommodate internal 
        inspection devices available on the date of enactment; and
            ``(3) to develop innovative techniques measuring the 
        structural integrity of pipelines.''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) Section 60125(a) is amended to read as follows:
    ``(a) Gas and Hazardous Liquid.--To carry out this chapter and 
other pipeline-related damage prevention activities of this title 
(except for section 60107), there are authorized to be appropriated to 
the Department of Transportation
            ``(1) $26,000,000 for fiscal year 2001, of which 
        $20,000,000 is to be derived from user fees for fiscal year 
        2001 collected under section 60301 of this title; and
            ``(2) $30,000,000 for each of the fiscal years 2002 and 
        2003 of which $23,000,000 is to be derived from user fees for 
        fiscal year 2002 and fiscal year 2003 collected under section 
        60301 of this title.''.
    (b) Section 60125(c) is amended to read as follows:
    ``(c) State Grants.--Not more than the following amounts may be 
appropriated to the Secretary to carry out section 60107--
            ``(1) $17,000,000 for fiscal year 2001, of which 
        $15,000,000 is to be derived from user fees for fiscal year 
        2002 collected under section 60301 of this title; and
            ``(2) $20,000,000 for the fiscal years 2002 and 2003 of 
        which $18,000,000 is to be derived from user fees for fiscal 
        year 2002 and fiscal year 2003 collected under section 60301 of 
        this title.''.
    (c) Sections 60525 is amended by redesignating subsections (d), 
(e), and (f) as subsections (e), (f), (g) and inserting after 
subsection (c) the following:
    ``(d) Oil Spill Liability Trust Fund.--Of the amounts available in 
the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to 
carry out programs authorized in this Act for fiscal year 2001, fiscal 
year 2002, and fiscal year 2003.''.
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