IIB 111th CONGRESS 2d Session H. R. 6008 IN THE SENATE OF THE UNITED STATES September 29, 2010 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To ensure telephonic notice of certain incidents involving hazardous liquid and gas pipeline facilities, and for other purposes.

1.

Short title

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

2.

Notification of incidents

(a)

Telephonic notice of certain incidents

(1)

In general

Chapter 601 of title 49, United States Code, is amended by adding at the end the following:

60138.

Telephonic notice of certain incidents

(a)

In general

An owner or operator of a pipeline facility shall provide immediate telephonic notice of— (1)a release of hazardous liquid or another substance regulated under part 195 of title 49, Code of Federal Regulations, resulting in an event for which notice is required under section 195.50 of such title; and (2)a release of gas resulting in an incident, as defined in section 191.3 of such title. (b)

Immediate telephonic notice defined

In subsection (a), the term immediate telephonic notice means telephonic notice, as described in section 191.5 of such title, to the Secretary and the National Response Center at the earliest practicable moment following discovery of a release of gas or hazardous liquid and not later than one hour following the time of such discovery. (c)

References

Any reference to a regulation in this section means the regulation as in effect on the date of enactment of this section.

. (2)

Clerical amendment

The analysis for such chapter is amended by adding at the end the following: 60138. Telephonic notice of certain incidents. . (b)

Guidance

Not later than 60 days after the date of enactment of this Act, the Secretary shall issue guidance to clarify the meaning of the term discovery as used in section 60138(b) of title 49, United States Code, as added by subsection (a) of this section.

3.

Transparency of accidents and incidents

Not later than December 31, 2010, the Secretary of Transportation shall maintain on the Department of Transportation’s Internet Web site a database of all reportable incidents involving gas or hazardous liquid pipelines and allow the public to search the database for incidents by owner or operator of a pipeline facility.

4.

Civil penalties

Section 60122(a)(1) of title 49, United States Code, is amended— (1)in the first sentence— (A)by inserting , or has obstructed or prevented the Secretary from carrying out an inspection or investigation under this chapter, after under this chapter; and (B)by striking $100,000 and inserting $250,000; and (2)in the last sentence by striking $1,000,000 and inserting $2,500,000.

5.

Compliance with Statutory Pay-As-You-Go Act of 2010

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 28, 2010. Lorraine C. Miller, Clerk.