[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 275 Engrossed in Senate (ES)]

112th CONGRESS
  1st Session
                                 S. 275

_______________________________________________________________________

                                 AN ACT


 
 To amend title 49, United States Code, to provide for enhanced safety 
and environmental protection in pipeline transportation, to provide for 
   enhanced reliability in the transportation of the Nation's energy 
             products by pipeline, 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 ``Pipeline 
Transportation Safety Improvement Act of 2011''.
    (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.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49, United States Code; table 
                            of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Offshore gathering pipelines.
Sec. 5. Automatic and remote-controlled shut-off valves.
Sec. 6. Excess flow valves.
Sec. 7. Integrity management.
Sec. 8. Public education and awareness.
Sec. 9. Cast iron gas pipelines.
Sec. 10. Leak detection.
Sec. 11. Incident notification.
Sec. 12. Transportation-related onshore facility response plan 
                            compliance.
Sec. 13. Pipeline infrastructure data collection.
Sec. 14. International cooperation and consultation.
Sec. 15. Gas and hazardous liquid gathering lines.
Sec. 16. Transportation-related oil flow lines.
Sec. 17. Alaska project coordination.
Sec. 18. Cost recovery for design reviews.
Sec. 19. Special permits.
Sec. 20. Biofuel pipelines.
Sec. 21. Carbon dioxide pipelines.
Sec. 22. Study of the transportation of tar sands crude oil.
Sec. 23. Study of non-petroleum hazardous liquids transported by 
                            pipeline.
Sec. 24. Clarifications.
Sec. 25. Additional resources.
Sec. 26. Maintenance of effort.
Sec. 27. Maximum allowable operating pressure.
Sec. 28. Administrative enforcement process.
Sec. 29. Authorization of appropriations.
Sec. 30. PAYGO compliance.

SEC. 2. CIVIL PENALTIES.

    (a) Penalty Considerations; Major Consequence Violations.--Section 
60122 is amended--
            (1) by striking ``the ability to pay,'' in subsection 
        (b)(1)(B);
            (2) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c) Penalties for Major Consequence Violations.--
            ``(1) In general.--A person that the Secretary of 
        Transportation decides, after written notice and an opportunity 
        for a hearing, has committed a major consequence violation of 
        section 60114(b), 60114(d), or 60118(a) of this title or a 
        regulation prescribed or order issued under this chapter is 
        liable to the United States Government for a civil penalty of 
        not more than $250,000 for each violation. A separate violation 
        occurs for each day the violation continues. The maximum civil 
        penalty under this paragraph for a related series of major 
        consequence violations is $2,500,000.
            ``(2) Penalty considerations.--In determining the amount of 
        a civil penalty for a major consequence violation under this 
        subsection, the Secretary shall consider the factors prescribed 
        in subsection (b).
            ``(3) Major consequence violation defined.--In this 
        subsection, the term `major consequence violation' means a 
        violation that contributed to an incident resulting in--
                    ``(A) 1 or more deaths;
                    ``(B) 1 or more injuries or illnesses requiring in-
                patient hospitalization; or
                    ``(C) environmental harm exceeding $250,000 in 
                estimated damage to the environment including property 
                loss other than the value of natural gas or hazardous 
                liquid lost, or damage to pipeline equipment.''.
    (b) Penalty for Obstruction of Inspections and Investigations.--
Section 60118(e) is amended by adding at the end the following: ``The 
Secretary may impose a civil penalty under section 60122 of this title 
on a person who obstructs or prevents the Secretary from carrying out 
inspections or investigations under this chapter.''.
    (c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1) 
is amended by adding at the end the following: ``The maximum amount of 
civil penalties for administrative enforcement actions under section 
60122 of this title shall not apply to enforcement actions under this 
section.''.
    (d) Judicial Review of Administrative Enforcement Orders.--Section 
60119(a) is amended--
            (1) by striking the subsection caption and inserting ``(a) 
        Review of Regulations, Orders, and Other Final Agency 
        Actions.--''; and
            (2) by striking ``about an application for a waiver under 
        section 60118(c) or (d) of'' and inserting ``under''.

SEC. 3. PIPELINE DAMAGE PREVENTION.

    (a) Minimum Standards for State One-call Notification Programs.--
Section 6103(a) is amended to read as follows:
    ``(a) Minimum Standards.--
            ``(1) In general.--In order to qualify for a grant under 
        section 6106, a State one-call notification program shall, at a 
        minimum, provide for--
                    ``(A) appropriate participation by all underground 
                facility operators, including all government operators;
                    ``(B) appropriate participation by all excavators, 
                including all government and contract excavators; and
                    ``(C) flexible and effective enforcement under 
                State law with respect to participation in, and use of, 
                one-call notification systems.
            ``(2) Exemptions prohibited.--A State one-call notification 
        program may not exempt municipalities, State agencies, or their 
        contractors from its one-call notification system 
        requirements.''.
    (b) State Damage Prevention Programs.--Section 60134(a) is 
amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (1);
            (2) by striking ``(b).'' in paragraph (2) and inserting 
        ``(b); and''; and
            (3) by adding at the end the following:
            ``(3) does not provide any exemptions to municipalities, 
        State agencies, or their contractors from its one-call 
        notification system requirements.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of enactment of this Act.

SEC. 4. OFFSHORE GATHERING PIPELINES.

    Section 60102(k)(1) is amended by striking the last sentence and 
inserting ``Not later than 1 year after the date of enactment of the 
Pipeline Transportation Safety Improvement Act of 2011, the Secretary 
shall issue regulations, after notice and an opportunity for a hearing, 
subjecting offshore hazardous liquid gathering pipelines and hazardous 
liquid gathering pipelines located within the inlets of the Gulf of 
Mexico to the same standards and regulations as other hazardous liquid 
gathering pipelines. The regulations issued under this paragraph shall 
not apply to low-stress distribution pipelines.''.

SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

    Section 60102 is amended by adding at the end the following:
    ``(n) Automatic and Remote-controlled Shut-off Valves.--Not later 
than 2 years after the date of enactment of the Pipeline Transportation 
Safety Improvement Act of 2011, the Secretary shall by regulation, 
after notice and an opportunity for a hearing, require the use of 
automatic or remote-controlled shut-off valves, or equivalent 
technology, where economically, technically, and operationally feasible 
on transmission pipelines constructed or entirely replaced after the 
date on which the Secretary issues a final rule.''.

SEC. 6. EXCESS FLOW VALVES.

    Section 60109(e)(3) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Distribution branch services, multi-family 
                facilities, and small commercial facilities.--Not later 
                than 2 years after the date of enactment of the 
                Pipeline Transportation Safety Improvement Act of 2011, 
                the Secretary shall prescribe regulations, after notice 
                and an opportunity for hearing, to require the use of 
                excess flow valves, where economically and technically 
                feasible, on new or entirely replaced distribution 
                branch services, multi-family facilities, and small 
                commercial facilities.''.

SEC. 7. INTEGRITY MANAGEMENT.

    (a) Evaluation.--Within 1 year after the date of enactment of this 
Act, the Secretary of Transportation shall evaluate--
            (1) whether integrity management system requirements, or 
        elements thereof, should be expanded beyond high consequence 
        areas (as defined under section 60109(a) of title 49, United 
        States Code);
            (2) with respect to gas pipeline facilities, whether 
        applying the integrity management program requirements to 
        additional areas would mitigate the need for class location 
        requirements, with an emphasis on class 3 and 4 facilities; and
            (3) whether data collected outside high consequence areas 
        as part of gas transmission pipeline integrity management 
        programs should be included as part of the records required to 
        be maintained by operators.
    (b) Standards.--Not later than 1 year after completion of the 
evaluation, the Secretary shall prescribe such regulations, as 
appropriate, after notice and an opportunity for a hearing.
    (c) Data Reporting.--The Secretary shall collect any relevant data 
necessary to complete the evaluation required by subsection (a) and may 
collect such additional data pursuant to regulations promulgated under 
subsection (b) as may be necessary.
    (d) Seismicity.--In identifying high consequence areas under 
section 60109, the Secretary shall consider the seismicity of the area.

SEC. 8. PUBLIC EDUCATION AND AWARENESS.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60138. Public education and awareness
    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Pipeline Transportation Safety Improvement Act of 
2011, the Secretary shall--
            ``(1) maintain a monthly updated summary of all completed 
        and final natural gas and hazardous liquid pipeline inspections 
        conducted by or reported to the Pipeline and Hazardous 
        Materials Safety Administration that includes--
                    ``(A) identification of the operator inspected;
                    ``(B) the type of inspection;
                    ``(C) the results of the inspection, including any 
                deficiencies identified; and
                    ``(D) any corrective actions required to be taken 
                by the operator to remediate such deficiencies;
            ``(2) maintain--
                    ``(A) a status indication of the review and 
                approval of each gas emergency response plan pursuant 
                to section 60102(d)(5) of this title and of each 
                hazardous liquid pipeline operator's response plan 
                pursuant to part 194 of title 49, Code of Federal 
                Regulations;
                    ``(B) a comprehensive description of the 
                requirements for such plans; and
                    ``(C) a detailed summary of each approved plan 
                written by the operator that includes the key elements 
                of the plan, but which may exclude--
                            ``(i) proprietary information;
                            ``(ii) security-sensitive information, 
                        including as referenced in section 1520.5(a) of 
                        title 49, code of Federal Regulations;
                            ``(iii) specific response resources and 
                        tactical resource deployment plans; and
                            ``(iv) the specific amount and location of 
                        worst-case discharges, including the process by 
                        which an operator determines the worst 
                        discharge.
            ``(3) excluding any proprietary or security-sensitive 
        information, as part of the National Pipeline Mapping System 
        maintain a map of all currently designated high consequence 
        areas in which pipelines are required to meet integrity 
        management safety regulations and update the map annually; and
            ``(4) maintain a copy or, at a minimum, a detailed summary 
        of any industry-developed or professional organization pipeline 
        safety standards that have been incorporated by reference into 
        regulations, to the extent consistent with fair use.
    ``(b) Public Availability.--The requirements of subsection (a) 
shall be considered to have been met if the information required to be 
made public is made available on the Pipeline and Hazardous Materials 
Safety Administration's public Web site.
    ``(c) Relationship to FOIA.--Nothing in this section shall be 
construed to require disclosure of information or records that are 
exempt from disclosure under section 552 of title 5.''.
    (b) Clerical Amendment.--The table of contents for chapter 601 is 
amended by inserting after the item relating to section 60137 the 
following new item:

``60138. Public education and awareness''.

SEC. 9. CAST IRON GAS PIPELINES.

    (a) Survey Update.--Not later than one year after the enactment of 
this Act, the Secretary of Transportation shall conduct a follow-on 
survey to the survey conducted under section 60108(d) to determine--
            (1) the extent to which each operator has adopted a plan 
        for the safe management and replacement of cast iron pipelines;
            (2) the elements of the plan, including the anticipated 
        rate of replacement; and
            (3) the progress that has been made.
    (b) Survey Frequency.--Section 60108(d) is amended by adding at the 
end the following new paragraph:
    ``(4) The secretary shall conduct a follow-up survey to measure 
progress of plan implementation biannually.''.

SEC. 10. LEAK DETECTION.

    (a) Leak Detection Study Update.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transportation shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committees on Transportation and Infrastructure and on 
Energy and Commerce of the House of Representatives an updated report 
on leak detection systems utilized by operators of hazardous liquid 
pipelines and transportation-related flow lines. The report shall 
include an analysis of the technical limitations of current leak 
detection systems, including the systems' ability to detect ruptures 
and small leaks that are ongoing or intermittent, and what can be done 
to foster development of better technologies.
    (b) Leak Detection Standards.--Not later than 1 year after 
completion of the report, the Secretary shall, as appropriate, based on 
the study in subsection (a), prescribe regulations, after notice and an 
opportunity for a hearing, requiring an operator of a hazardous liquid 
pipeline to use leak detection technologies, particularly in high 
consequence areas.

SEC. 11. INCIDENT NOTIFICATION.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary of Transportation shall--
            (1) prescribe regulations, after notice and an opportunity 
        for a hearing, that establish time limits for accident and 
        incident telephonic or electronic notification by pipeline 
        operators to State and local government officials and emergency 
        responders when a spill or rupture occurs; and
            (2) review procedures for pipeline operators and the 
        National Response Center to provide thorough and coordinated 
        notification to all relevant emergency response officials and 
        revise such procedures as appropriate.

SEC. 12. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN 
              COMPLIANCE.

    (a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of 
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each 
amended by striking ``Administrator or'' and inserting ``Administrator, 
the Secretary of Transportation, or''.
    (b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by 
striking ``operating or'' and inserting ``operating, the Secretary of 
Transportation, or''.

SEC. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.

    (a) In General.--Section 60132(a) is amended--
            (1) by striking ``and gathering lines''; and
            (2) by adding at the end the following:
            ``(4) Any other geospatial, technical, or other related 
        pipeline data, including design and material specifications, 
        that the Secretary determines is necessary to carry out the 
        purposes of this section. The Secretary shall give reasonable 
        notice to operators that the data are being requested.''.
    (b) Disclosure Limited to FOIA Requirements.--Section 60132 is 
amended by adding at the end the following:
    ``(d) Public Disclosure Limited.--The Secretary may not disclose 
information collected pursuant to subsection (a) except to the extent 
permitted by section 552 of title 5.''.

SEC. 14. INTERNATIONAL COOPERATION AND CONSULTATION.

    Section 60117 is amended by adding at the end the following:
    ``(o) International Cooperation and Consultation.--
            ``(1) Information exchange and technical assistance.--If 
        the Secretary determines that it would benefit the United 
        States, subject to guidance from the Secretary of State, the 
        Secretary may engage in activities supporting cooperative 
        international efforts to share information about the risks to 
        the public and the environment from pipelines and means of 
        protecting against those risks. Such cooperation may include 
        the exchange of information with domestic and appropriate 
        international organizations to facilitate efforts to develop 
        and improve safety standards and requirements for pipeline 
        transportation in or affecting interstate or foreign commerce.
            ``(2) Consultation.--To the extent practicable, subject to 
        guidance from the Secretary of State, the Secretary may consult 
        with interested authorities in Canada, Mexico, and other 
        interested authorities, as needed, to ensure that the 
        respective pipeline safety standards and requirements 
        prescribed by the Secretary and those prescribed by such 
        authorities are consistent with the safe and reliable operation 
        of cross-border pipelines.
            ``(3) Differences in international standards and 
        requirements.--Nothing in this section requires that a standard 
        or requirement prescribed by the Secretary under this chapter 
        be identical to a standard or requirement adopted by an 
        international authority.''.

SEC. 15. GAS AND HAZARDOUS LIQUID GATHERING LINES.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of Transportation shall complete a review of all exemptions 
for gas and hazardous liquid gathering lines. Based on this review the 
Secretary shall submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committees on Transportation 
and Infrastructure and on Energy and Commerce of the House of 
Representatives containing the Secretary's recommendations with respect 
to the modification or revocation of existing exemptions.

SEC. 16. TRANSPORTATION-RELATED OIL FLOW LINES.

    Section 60102, as amended by section 5, is further amended by 
adding at the end the following:
    ``(o) Transportation-related Oil Flow Lines.--
            ``(1) Data collection.--The Secretary may collect 
        geospatial, technical, or other pipeline data on 
        transportation-related oil flow lines, including unregulated 
        transportation-related oil flow lines.
            ``(2) Transportation-related oil flow line defined.--In 
        this subsection, the term `transportation-related oil flow 
        line' means a pipeline transporting oil off of the grounds of 
        the well where it originated across areas not owned by the 
        producer regardless of the extent to which the oil has been 
        processed, if at all.
            ``(3) Limitation.--Nothing in this subsection authorizes 
        the Secretary to prescribe standards for the movement of oil 
        through production, refining, or manufacturing facilities, or 
        through oil production flow lines located on the grounds of 
        wells.''.

SEC. 17. ALASKA PROJECT COORDINATION.

    (a) In General.--Chapter 601, as amended by section 8 of this Act, 
is further amended by adding at the end the following:
``Sec. 60139. Alaska project coordination
    ``The Secretary may provide technical assistance to the State of 
Alaska for the purpose of achieving coordinated and effective oversight 
of the construction, expansion, or operation of pipeline systems in 
Alaska. The assistance may include--
            ``(1) conducting coordinated inspections of pipeline 
        systems subject to the respective authorities of the Department 
        of Transportation and the State of Alaska;
            ``(2) consulting on the development and implementation of 
        programs designed to manage the integrity risks associated with 
        operating pipeline systems in the unique conditions of Alaska;
            ``(3) training inspection and enforcement personnel and 
        consulting on the development and implementation of inspection 
        protocols and training programs; and
            ``(4) entering into cooperative agreements, grants, or 
        other transactions with the State of Alaska, the Joint Pipeline 
        Office, other Federal agencies, and other public and private 
        agencies to carry out the objectives of this section.''.
    (b) Clerical Amendment.--The table of contents for chapter 601, as 
amended by section 8 of this Act, is further amended by inserting after 
the item relating to section 60138 the following new item:

``60139. Alaska project coordination''.

SEC. 18. COST RECOVERY FOR DESIGN REVIEWS.

    Section 60117(n) is amended to read as follows:
    ``(n) Cost Recovery for Design Reviews.--
            ``(1) In general.--
                    ``(A) Review costs.--For any project described in 
                subparagraph (B), if the Secretary conducts facility 
                design safety reviews in connection with a proposal to 
                construct, expand, or operate a new gas or hazardous 
                liquid pipeline or liquefied natural gas pipeline 
                facility, including construction inspections and 
                oversight, the Secretary may require the person or 
                entity proposing the project to pay the costs incurred 
                by the Secretary relating to such reviews. If the 
                Secretary exercises the cost recovery authority 
                described in this section, the Secretary shall 
                prescribe a fee structure and assessment methodology 
                that is based on the costs of providing these reviews 
                and shall prescribe procedures to collect fees under 
                this section. This authority is in addition to the 
                authority provided in section 60301 of this title, but 
                the Secretary may not collect fees under this section 
                and section 60301 for the same design safety review.
                    ``(B) Projects to which applicable.--Subparagraph 
                (A) applies to any project that--
                            ``(i) has design and construction costs 
                        totaling at least $3,400,000,000; or
                            ``(ii) uses new or novel technologies or 
                        designs.
            ``(2) Notification.--For any new pipeline construction 
        project in which the Secretary will conduct design reviews, the 
        person or entity proposing the project shall notify the 
        Secretary and provide the design specifications, construction 
        plans and procedures, and related materials at least 120 days 
        prior to the commencement of construction.
            ``(3) Deposit and use.--There is established a Pipeline 
        Safety Design Review Fund in the Treasury of the United States. 
        The Secretary shall deposit funds paid under this subsection 
        into the Fund. Funds deposited under this section are 
        authorized to be appropriated for the purposes set forth in 
        this chapter. Fees authorized under this section shall be 
        collected and available for obligation only to the extent and 
        in the amount provided in advance in appropriations Acts.
            ``(4) No additional permitting authority.--Nothing in this 
        subsection shall be construed as authorizing the Secretary to 
        require a person to obtain a permit before beginning design and 
        construction in connection with a project described in 
        paragraph (1)(B).''.

SEC. 19. SPECIAL PERMITS.

    Section 60118(c)(1) is amended to read as follows:
            ``(1) Issuance of waivers.--
                    ``(A) In general.--On application of an owner or 
                operator of a pipeline facility, the Secretary by order 
                may waive compliance with any part of an applicable 
                standard prescribed under this chapter with respect to 
                the facility on terms the Secretary considers 
                appropriate, if the Secretary determines that the 
                waiver is not inconsistent with pipeline safety.
                    ``(B) Considerations.--In determining whether to 
                grant a waiver, the Secretary shall consider--
                            ``(i) the fitness of the applicant to 
                        conduct the activity authorized by the waiver 
                        in a manner that is consistent with pipeline 
                        safety;
                            ``(ii) the applicant's compliance history;
                            ``(iii) the applicant's accident history; 
                        and
                            ``(iv) any other information or data the 
                        Secretary considers relevant to making the 
                        determination.
                    ``(C) Effective period.--A waiver of one or more 
                pipeline operating requirements shall be reviewed by 
                the Secretary 5 years after its effective date. In 
                reviewing a waiver, the Secretary shall consider any 
                change in ownership or control of the pipeline, any 
                change in the conditions around the pipeline, and other 
                factors as appropriate. The Secretary may modify, 
                suspend, or revoke a waiver after such review under 
                subparagraph (E).
                    ``(D) Public notice and hearing.--The Secretary may 
                act on a waiver under this section only after public 
                notice and an opportunity for a hearing, which may 
                consist of publication of notice in the Federal 
                Register that an application for a waiver has been 
                filed and providing the public with the opportunity to 
                review and comment on the application. If a waiver is 
                granted, the Secretary shall state in the order and 
                associated analysis the reasons for granting it.
                    ``(E) Noncompliance and modification, suspension, 
                or revocation.--After notice to a holder of a waiver 
                and opportunity to show cause, the Secretary may 
                modify, suspend, or revoke a waiver issued under this 
                section for failure to comply with its terms or 
                conditions, intervening changes in Federal law, a 
                material change in circumstances affecting safety, 
                including erroneous information in the application, or 
                any other reason. If necessary to avoid a significant 
                risk of harm to persons, property, or the environment, 
                the Secretary may waive the show cause procedure and 
                make the action immediately effective.''.

SEC. 20. BIOFUEL PIPELINES.

    Section 60101(a)(4) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (A);
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) non-petroleum fuels, including biofuels that 
                are flammable, toxic, or corrosive or would be harmful 
                to the environment if released in significant 
                quantities; and''.

SEC. 21. CARBON DIOXIDE PIPELINES.

    Section 60102(i) is amended to read as follows:
    ``(i) Pipelines Transporting Carbon Dioxide.--The Secretary shall 
prescribe minimum safety standards for the transportation of carbon 
dioxide by pipeline in either a liquid or gaseous state.''.

SEC. 22. STUDY OF THE TRANSPORTATION OF TAR SANDS CRUDE OIL.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary of Transportation shall complete a comprehensive review 
of hazardous liquid pipeline regulations to determine whether these 
regulations are sufficient to regulate pipelines used for the 
transportation of tar sands crude oil. In conducting this review, the 
Secretary shall conduct an analysis of whether any increase in risk of 
release exists for pipelines transporting tar sands crude oil. The 
Secretary shall report the results of this review to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committees 
on Transportation and Infrastructure and on Energy and Commerce of the 
House of Representatives.

SEC. 23. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY 
              PIPELINE.

    The Secretary of Transportation may conduct an analysis of the 
transportation of non-petroleum hazardous liquids by pipeline for the 
purpose of identifying the extent to which pipelines are currently 
being used to transport non-petroleum hazardous liquids, such as 
chlorine, from chemical production facilities across land areas not 
owned by the producer that are accessible to the public. The analysis 
should identify the extent to which the safety of the lines is 
unregulated by the States and evaluate whether the transportation of 
such chemicals by pipeline across areas accessible to the public would 
present significant risks to public safety, property, or the 
environment in the absence of regulation. The results of the analysis 
shall be made available to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committees on Transportation and 
Infrastructure and on Energy and Commerce of the House of 
Representatives.

SEC. 24. CLARIFICATIONS.

    (a) Amendment of Procedures Clarification.--Section 60108(a)(1) is 
amended by striking ``an intrastate'' and inserting ``a''.
    (b) Owner and Operator Clarification.--Section 60102(a)(2)(A) is 
amended by striking ``owners and operators'' and inserting ``any or all 
of the owners or operators''.
    (c) One-call Enforcement Clarification.--Section 60114(f) is 
amended by adding at the end the following: ``This subsection does not 
apply to proceedings against persons who are pipeline operators.''.

SEC. 25. ADDITIONAL RESOURCES.

    (a) In General.--To the extent funds are appropriated, the 
Secretary of Transportation shall increase the personnel of the 
Pipeline and Hazardous Materials Safety Administration by a total of 39 
full-time employees to carry out the pipeline safety program and the 
administration of that program, of which at least--
            (1) 9 employees shall be added in fiscal year 2012;
            (2) 10 employees shall be added in fiscal year 2013;
            (3) 10 employees shall be added in fiscal year 2014; and
            (4) 10 employees shall be added in fiscal year 2015.
    (b) Functions.--In increasing the number of employees under 
subsection (a), the Secretary shall focus on hiring employees--
            (1) to conduct data collection, analysis, and reporting;
            (2) to develop, implement, and update information 
        technology;
            (3) to conduct inspections of pipeline facilities to 
        determine compliance with applicable regulations and standards;
            (4) to provide administrative, legal, and other support for 
        pipeline enforcement activities; and
            (5) to support the overall pipeline safety mission of the 
        Pipeline and Hazardous Materials Safety Administration, 
        including training of pipeline enforcement personnel.

SEC. 26. MAINTENANCE OF EFFORT.

    Section 60107(b) is amended to read as follows:
    ``(b) Payments.--After notifying and consulting with a State 
authority, the Secretary may withhold any part of a payment when the 
Secretary decides that the authority is not carrying out satisfactorily 
a safety program or not acting satisfactorily as an agent. The 
Secretary may pay an authority under this section only when the 
authority ensures the Secretary that it will provide the remaining 
costs of a safety program and that the total State amount spent for a 
safety program (excluding grants of the United States Government) will 
at least equal the average amount spent for gas and hazardous liquid 
safety programs for fiscal years 2004 through 2006, except when the 
Secretary waives the requirements of this subsection. The Secretary 
shall grant such a waiver if a State can demonstrate an inability to 
maintain or increase the required funding share of its pipeline safety 
program at or above the level required by this subsection due to 
economic hardship in that State.''.

SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.

    (a) Establishment of Records.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        require pipeline operators to conduct a verification of records 
        for all interstate and intrastate gas transmission lines in 
        class 3 and class 4 locations and class 1 and class 2 high 
        consequence areas that accurately reflect the pipeline's 
        physical and operational characteristics and confirm the 
        established maximum allowable operating pressure of those 
        pipelines.
            (2) Elements.--Verification of each record under paragraph 
        (1) shall include such elements as the Secretary considers 
        appropriate.
    (b) Reporting.--
            (1) Documentation of certain pipelines.--Not later than 18 
        months after the date of enactment of this Act, pipeline 
        operators shall submit to the Secretary documentation of all 
        interstate and intrastate gas transmission pipelines in class 3 
        and class 4 locations and class 1 and class 2 high consequence 
        areas where the records required under subsection (a) are not 
        sufficient to confirm the established maximum allowable 
        operating pressure of those pipeline segments.
            (2) Exceedances of maximum allowable operating pressure.--
        All pipeline operators shall report any exceedance of the 
        maximum allowable operating pressure for gas transmission 
        pipelines that exceed the build-up allowed for operation of 
        pressure-limiting or control devices to the Secretary not later 
        than 5 working days after the exceedance occurs. Notice of 
        exceedance by gas transmission pipelines shall be provided 
        concurrently to appropriate State authorities.
    (c) Determination of Maximum Allowable Operating Pressure.--
            (1) In general.--For any transmission line reported in 
        subsection (b), the Secretary shall require the operator of the 
        transmission line to reconfirm a maximum allowable operational 
        pressure as expeditiously as economically feasible.
            (2) Interim actions.--For cases described in paragraph (1), 
        the Secretary will determine what actions are appropriate for a 
        pipeline operator to take to maintain safety until a maximum 
        allowable operating pressure is confirmed. In determining what 
        actions an operator should take, the Secretary shall take into 
        account consequences to public safety and the environment, 
        impacts on pipeline system reliability and deliverability, and 
        other factors, as appropriate.
    (d) Testing Regulations.--The Secretary shall, not later than 18 
months after the date of the enactment of this Act, prescribe 
regulations for conducting tests to confirm the material strength of 
previously untested natural gas transmission pipelines located in areas 
identified pursuant to section 60109(a) of title 49, United States 
Code, and operating at a pressure greater than 30 percent of specified 
minimum yield strength. The Secretary shall consider safety testing 
methodologies including, at a minimum, pressure testing or other 
alternative methods, including in-line inspections, determined by the 
Secretary to be of equal or greater effectiveness. The Secretary, in 
consultation with the Chairman of the Federal Energy Regulatory 
Commission and State regulators, as appropriate, shall establish 
timeframes for the completion of such testing that take into account 
consequences to public safety and the environment and that minimize 
costs and service disruptions.

SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS.

    (a) Issuance of Regulations.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Secretary shall prescribe 
        regulations--
                    (A) requiring hearings under sections 60112, 60117, 
                60118, and 60122 to be convened before a presiding 
                official;
                    (B) providing the opportunity for any person 
                requesting a hearing under sections 60112, 60117, 
                60118, and 60122 to arrange for a transcript of that 
                hearing, at the expense of the requesting person; and
                    (C) ensuring expedited review of any order issued 
                pursuant to section 60112(e).
            (2) Presiding official.--The regulations prescribed under 
        this subsection shall--
                    (A) define the term ``presiding official'' to mean 
                the person who conducts any hearing relating to civil 
                penalty assessments, compliance orders, safety orders, 
                or corrective action orders; and
                    (B) require that the presiding official must be an 
                attorney on the staff of the Deputy Chief Counsel that 
                is not engaged in investigative or prosecutorial 
                functions, including the preparation of notices of 
                probable violations, orders relating to civil penalty 
                assessments, compliance orders, or corrective action 
                orders.
    (b) Standards of Judicial Review.--Section 60119(a) is amended by 
adding at the end the following new paragraph:
    ``(3) All judicial review of agency action under this section shall 
apply the standards of review established in section 706 of title 5.''.

SEC. 29. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--
            (1) Section 60125(a)(1) is amended by striking 
        subparagraphs (A) through (D) and inserting the following:
                    ``(A) for fiscal year 2012, $92,206,000, of which 
                $9,200,000 is for carrying out such section 12 and 
                $36,958,000 is for making grants;
                    ``(B) for fiscal year 2013, $96,144,000, of which 
                $9,600,000 for carrying out such section 12 and 
                $39,611,000 is for making grants;
                    ``(C) for fiscal year 2014, $99,876,000, of which 
                $9,900,000 is for carrying out such section 12 and 
                $41,148,000 is for making grants; and
                    ``(D) for fiscal year 2015, $102,807,000, of which 
                $10,200,000 is for carrying out such section 12 and 
                $42,356,000 is for making grants.''.
            (2) Section 60125(a)(2) is amended by striking 
        subparagraphs (A) through (D) and inserting the following:
                    ``(A) for fiscal year 2012, $18,905,000, of which 
                $7,562,000 is for carrying out such section 12 and 
                $7,864,000 is for making grants;
                    ``(B) for fiscal year 2013, $19,661,000, of which 
                $7,864,000 is for carrying out such section 12 and 
                $7,864,000 is for making grants;
                    ``(C) for fiscal year 2014, $20,000,000, of which 
                $8,000,000 is for carrying out such section 12 and 
                $8,000,000 is for making grants; and
                    ``(D) for fiscal year 2015, $20,000,000, of which 
                $8,000,000 is for carrying out such section 12 and 
                $8,000,000 is for making grants.''.
    (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
    (c) One-call Notification Programs.--Section 6107 is amended--
            (1) by striking ``2007 through 2010.'' in subsection (a) 
        and inserting ``2012 through 2015.'';
            (2) by striking ``2007 through 2010.'' in subsection (b) 
        and inserting ``2012 through 2015.''; and
            (3) by striking subsection (c).
    (d) State Damage Prevention Programs.--Section 60134 is amended by 
adding at the end the following:
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to provide grants under this section 
$2,000,000 for each of fiscal years 2012 through 2015. The funds shall 
remain available until expended.''.
    (e) Community Pipeline Safety Information Grants.--Section 60130 is 
amended--
            (1) by striking ``$50,000'' in subsection (a)(1) and 
        inserting ``$100,000''; and
            (2) by striking ``2003 through 2010.'' in subsection (d) 
        and inserting ``2012 through 2015.''.
    (f) Pipeline Transportation Research and Development.--Section 12 
of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) 
is amended--
            (1) by adding at the end of subsection (d) the following:
            ``(3) Ongoing pipeline transportation research and 
        development.--After the initial 5-year program plan has been 
        carried out by the participating agencies, the Secretary of 
        Transportation shall prepare a research and development program 
        plan every 5 years thereafter and shall transmit a report to 
        Congress on the status and results-to-date of implementation of 
        the program each year that funds are appropriated for carrying 
        out the plan.''; and
            (2) by striking ``2003 through 2006.'' in subsection (f) 
        and inserting ``2012 through 2015.''.

SEC. 30. PAYGO COMPLIANCE.

    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 Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the Senate October 17, 2011.

            Attest:

                                                             Secretary.
112th CONGRESS

  1st Session

                                 S. 275

_______________________________________________________________________

                                 AN ACT

 To amend title 49, United States Code, to provide for enhanced safety 
and environmental protection in pipeline transportation, to provide for 
   enhanced reliability in the transportation of the Nation's energy 
             products by pipeline, and for other purposes.