[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 22 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                 H. R. 22

 To amend title 49, United States Code, to enhance pipeline safety, to 
provide communities with access to improved information concerning the 
    equipment and operations of pipeline facilities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

Ms. Speier (for herself, Mrs. Napolitano, Mr. Stark, Mr. Honda, Ms. Lee 
     of California, Mr. Thompson of California, and Mr. Garamendi) 
 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 enhance pipeline safety, to 
provide communities with access to improved information concerning the 
    equipment and operations of pipeline facilities, 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 
and Community Empowerment Act of 2011''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. References to title 49, United States Code.
Sec. 3. Notice to property owners and residents.
Sec. 4. Facility operation information standards.
Sec. 5. Required periodic inspection of pipelines by instrumented 
                            internal inspection devices.
Sec. 6. Automatic or remote shut off valves.
Sec. 7. Availability of industry standards and procedures adopted in 
                            regulations by reference.
Sec. 8. Leak detection.
Sec. 9. Considerations for identification of high consequence areas.
Sec. 10. Public education programs.

SEC. 2. REFERENCES TO 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. 3. NOTICE TO PROPERTY OWNERS AND RESIDENTS.

    Section 60102(c)(4) is amended by adding at the end the following:
            ``(C) Notice to property owners and residents.--
                    ``(i) In general.--Not later than one year after 
                the date of enactment of this subparagraph, the 
                Secretary shall prescribe minimum standards to require 
                the owner or operator of a pipeline facility to notify 
                all owners and residents of property located within 
                2,000 feet of a transmission line of the facility of--
                            ``(I) the proximity of the property to the 
                        transmission line; and
                            ``(II) in the case of a transmission line 
                        located on private residential property, the 
                        specific location of the line on the property.
                    ``(ii) Required information.--The notice under 
                clause (i) shall include, at a minimum--
                            ``(I) a method for electronic access to the 
                        information described in clause (i) through an 
                        Internet Web site and toll free telephone 
                        number;
                            ``(II) information on how to obtain a map 
                        of the pipeline system through the National 
                        Pipeline Mapping System; and
                            ``(III) such other information as the 
                        Secretary considers appropriate.
                    ``(iii) Deadlines.--The notice under clause (i) 
                shall be provided not later than 2 years after the date 
                of enactment of this subparagraph and at least once 
                every 3 years thereafter.''.

SEC. 4. FACILITY OPERATION INFORMATION STANDARDS.

    Section 60102(d) is amended by striking the first sentence and 
inserting the following: ``Not later than one year after the date of 
enactment of the Pipeline Safety and Community Empowerment Act of 2011, 
the Secretary shall prescribe minimum standards under this section 
requiring an operator of a pipeline facility subject to this chapter to 
maintain information related to operating the facility as required by 
the standards prescribed under this chapter and to provide that 
information, including any updates and changes, to the Secretary, State 
regulatory officials, State and local emergency responders, and such 
other entities as the Secretary considers appropriate (except that in 
the case of a local emergency responder the Secretary shall provide the 
information described in paragraphs (1), (2), (5), and (6) only to the 
extent applicable to the local district). The Secretary shall keep on 
file the information submitted to the Secretary under the preceding 
sentence.''.

SEC. 5. REQUIRED PERIODIC INSPECTION OF PIPELINES BY INSTRUMENTED 
              INTERNAL INSPECTION DEVICES.

    Section 60102(f)(2) is amended to read as follows:
            ``(2) Periodic inspections.--
                    ``(A) In general.--Not later than 270 days after 
                the date of enactment of the Pipeline Safety and 
                Community Empowerment Act of 2011, the Secretary shall 
                prescribe additional standards requiring the periodic 
                inspection of each pipeline the operator of the 
                pipeline identifies under section 60109.
                    ``(B) Inspection with internal inspection device.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the standards prescribed under 
                        subparagraph (A) shall require that an 
                        inspection be conducted at least once every 5 
                        years with an instrumented internal inspection 
                        device.
                            ``(ii) Exception for segments where devices 
                        cannot be used.--If a device described in 
                        clause (i) cannot be used in a segment of a 
                        pipeline, the standards prescribed in 
                        subparagraph (A) shall require use of an 
                        inspection method that the Secretary certifies 
                        to be at least as effective as using the device 
                        in--
                                    ``(I) detecting corrosion;
                                    ``(II) detecting pipe stress; and
                                    ``(III) otherwise providing for the 
                                safety of the pipeline.
                    ``(C) Operation under high pressure.--The Secretary 
                shall prohibit a pipeline segment from operating under 
                high pressure if the pipeline segment cannot be 
                inspected--
                            ``(i) with a device described in 
                        subparagraph (B)(i) in accordance with the 
                        standards prescribed pursuant to such 
                        subparagraph; or
                            ``(ii) using an inspection method described 
                        in subparagraph (B)(ii) in accordance with the 
                        standards prescribed pursuant to such 
                        subparagraph.''.

SEC. 6. AUTOMATIC OR REMOTE SHUT OFF VALVES.

    Section 60102(j) is amended by adding at the end the following:
    ``(4) Automatic or Remote Shut Off Valves.--
            ``(A) Minimum standards.--Not later than one year after the 
        date of enactment of this paragraph, the Secretary shall 
        prescribe minimum standards to require an owner or operator of 
        a covered pipeline facility to install and use automatic or 
        remote shut off valves to reduce risks in the event of a 
        rupture.
            ``(B) Applicability of minimum standards.--
                    ``(i) New facilities.--The minimum standards shall 
                apply to a covered pipeline facility that is newly 
                constructed or entirely replaced after the date of 
                issuance of the standards.
                    ``(ii) Existing facilities.--
                            ``(I) Facilities located near earthquake 
                        faults.--The minimum standards shall apply to a 
                        covered pipeline facility that exists as of the 
                        date of issuance of the standards and is 
                        located within 10 miles of a significant 
                        earthquake fault beginning on the earliest date 
                        that the Secretary determines is technically 
                        feasible and not later than 2 years after the 
                        date of issuance of the standards.
                            ``(II) Other facilities.--The minimum 
                        standards shall apply to a covered pipeline 
                        facility that exists as of the date of issuance 
                        of the standards (other than a facility 
                        described in subclause (I)) not later than 5 
                        years after the date of issuance of the 
                        standards.
            ``(C) Definitions.--In this paragraph, the following 
        definitions apply:
                    ``(i) Covered pipeline facility.--The term `covered 
                pipeline facility' means a pipeline facility that is 
                located in a Class 3 or 4 location, as described in 
                section 192.5 of title 49, Code of Federal Regulations, 
                as in effect on the date of enactment of the Pipeline 
                Safety and Community Empowerment Act of 2011.
                    ``(ii) Significant earthquake fault.--The term 
                `significant earthquake fault' means an earthquake 
                fault for which there is a 1 in 10 chance or greater of 
                a magnitude 6.7 or greater earthquake in the next 50 
                years, as determined by the Secretary based on 
                information compiled by the United States Geological 
                Survey.''.

SEC. 7. AVAILABILITY OF INDUSTRY STANDARDS AND PROCEDURES ADOPTED IN 
              REGULATIONS BY REFERENCE.

    Section 60102 is amended by adding at the end the following:
    ``(n) Availability of Industry Standards and Procedures Adopted in 
Regulations by Reference.--The Secretary shall ensure that industry 
standards and procedures adopted by reference as part of the Federal 
pipeline safety regulatory program under this chapter are easily 
available to the public free of charge. This subsection shall apply to 
regulations issued before, on, or after the date of enactment of this 
subsection.''.

SEC. 8. LEAK DETECTION.

    Section 60102 (as amended by section 7 of this Act) is further 
amended by adding at the end the following:
    ``(o) Leak Detection.--
            ``(1) In general.--An owner or operator of a pipeline 
        facility shall ensure that the facility is equipped with a leak 
        detection system capable of promptly detecting a leak.
            ``(2) Performance standards.--Not later than 18 months 
        after the date of enactment of this subsection, the Secretary 
        shall issue a final rule establishing performance standards for 
        such leak detection systems. In establishing the performance 
        standards, the Secretary shall consider, at a minimum, 
        requiring--
                    ``(A) hazardous liquid pipeline facilities to have 
                the continuous capability to detect a daily discharge 
                equal to not more than one percent of daily throughput;
                    ``(B) natural gas transmission pipeline facilities 
                to provide for flow verification through an accounting 
                method such as volume balance and rate of pressure at 
                least once every 24 hours;
                    ``(C) in the case of a remote pipeline, increased 
                aerial surveillance of the pipeline; and
                    ``(D) owners and operators of pipeline facilities 
                to meet other requirements as the Secretary determines 
                necessary and practicable to enhance the ability of 
                such owners and operators to promptly detect a leak.''.

SEC. 9. CONSIDERATIONS FOR IDENTIFICATION OF HIGH CONSEQUENCE AREAS.

    Section 60109 is amended by adding at the end the following:
    ``(g) Considerations for Identification of High Consequence 
Areas.--In identifying high consequence areas under this section, the 
Secretary shall consider--
            ``(1) the seismicity of the area;
            ``(2) the age of the pipe; and
            ``(3) whether the pipe at issue can be inspected using the 
        most modern instrumented internal inspection devices.''.

SEC. 10. PUBLIC EDUCATION PROGRAMS.

    Section 60116 is amended by adding at the end the following:
    ``(d) Approval Process.--
            ``(1) In general.--The Secretary shall approve or 
        disapprove a public education program submitted to the 
        Secretary by the owner or operator of a pipeline facility under 
        subsection (b).
            ``(2) Context of review.--The Secretary may conduct the 
        approval process under paragraph (1) as an element of the 
        Secretary's inspection of an owner or operator.
            ``(3) Inadequate programs.--If the Secretary determines 
        that a public education program does not comply with the 
        requirements of this section or regulations issued under this 
        section or has not been adequately implemented, the Secretary 
        may conduct proceedings under this chapter.
    ``(e) Effectiveness of Public Education Programs.--
            ``(1) Assessment.--The Comptroller General shall conduct an 
        assessment of the effectiveness of the public education 
        programs carried out under this section.
            ``(2) Report to congress.--Not later than one year after 
        the date of enactment of this subsection, the Comptroller 
        General shall submit to Congress a report on the results of the 
        assessment.''.
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