[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2276 Engrossed in Senate (ES)]

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114th CONGRESS
  2d Session
                                S. 2276

_______________________________________________________________________

                                 AN ACT


 
 To amend title 49, United States Code, to provide enhanced safety 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; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Securing America's 
Future Energy: Protecting our Infrastructure of Pipelines and Enhancing 
Safety Act'' or the ``SAFE PIPES Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Authorization of appropriations.
Sec. 3. Regulatory updates.
Sec. 4. Hazardous materials identification numbers.
Sec. 5. Statutory preference.
Sec. 6. Natural gas integrity management review.
Sec. 7. Hazardous liquid integrity management review.
Sec. 8. Technical safety standards committees.
Sec. 9. Inspection report information.
Sec. 10. Pipeline odorization study.
Sec. 11. Improving damage prevention technology.
Sec. 12. Workforce of Pipeline and Hazardous Materials Safety 
                            Administration.
Sec. 13. Research and development.
Sec. 14. Information sharing system.
Sec. 15. Nationwide integrated pipeline safety regulatory database.
Sec. 16. Underground natural gas storage facilities.
Sec. 17. Joint inspection and oversight.
Sec. 18. Response plans.
Sec. 19. High consequence areas.
Sec. 20. Surface transportation security review.
Sec. 21. Small scale liquefied natural gas facilities.
Sec. 22. Report on natural gas leak reporting.
Sec. 23. Comptroller General review of State policies relating to 
                            natural gas leaks.
Sec. 24. Provision of response plans to appropriate committees of 
                            Congress.
Sec. 25. Consultation with FERC as part of pre-filing procedures and 
                            permitting process for new natural gas 
                            pipeline infrastructure.
Sec. 26. Maintenance of effort.
Sec. 27. Aliso Canyon natural gas leak task force.
    (c) References to Title 49, United States Code.--Except as 
otherwise expressly provided, wherever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or 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. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended--
            (1) in paragraph (1), by striking ``there is authorized to 
        be appropriated to the Department of Transportation for each of 
        fiscal years 2012 through 2015, from fees collected under 
        section 60301, $90,679,000, of which $4,746,000 is for carrying 
        out such section 12 and $ 36,194,000 is for making grants.'' 
        and inserting the following: ``there are authorized to be 
        appropriated to the Department of Transportation from fees 
        collected under section 60301--
                    ``(A) $127,060,000 for fiscal year 2016, of which 
                $9,325,000 shall be expended for carrying out such 
                section 12 and $42,515,000 shall be expended for making 
                grants;
                    ``(B) $129,671,000 for fiscal year 2017, of which 
                $9,418,000 shall be expended for carrying out such 
                section 12 and $42,941,000 shall be expended for making 
                grants;
                    ``(C) $132,334,000 for fiscal year 2018, of which 
                $9,512,000 shall be expended for carrying out such 
                section 12 and $43,371,000 shall be expended for making 
                grants; and
                    ``(D) $135,051,000 for fiscal year 2019, of which 
                $9,607,000 shall be expended for carrying out such 
                section 12 and $43,805,000 shall be expended for making 
                grants.''; and
            (2) in paragraph (2), by striking ``there is authorized to 
        be appropriated for each of fiscal years 2012 through 2015 from 
        the Oil Spill Liability Trust Fund to carry out the provisions 
        of this chapter related to hazardous liquid and section 12 of 
        the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
        note; Public Law 107-355), $18,573,000, of which $2,174,000 is 
        for carrying out such section 12 and $4,558,000 is for making 
        grants.'' and inserting the following: ``there are authorized 
        to be appropriated from the Oil Spill Liability Trust Fund to 
        carry out the provisions of this chapter related to hazardous 
        liquid and section 12 of the Pipeline Safety Improvement Act of 
        2002 (49 U.S.C. 60101 note; Public Law 107-355)--''
                    ``(A) $19,890,000 for fiscal year 2016, of which 
                $3,108,000 shall be expended for carrying out such 
                section 12 and $8,708,000 shall be expended for making 
                grants;
                    ``(B) $20,288,000 for fiscal year 2017, of which 
                $3,139,000 shall be expended for carrying out such 
                section 12 and $8,795,000 shall be expended for making 
                grants;
                    ``(C) $20,694,000 for fiscal year 2018, of which 
                $3,171,000 shall be expended for carrying out such 
                section 12 and $8,883,000 shall be expended for making 
                grants; and
                    ``(D) $21,108,000 for fiscal year 2019, of which 
                $3,203,000 shall be expended for carrying out such 
                section 12 and $8,972,000 shall be expended for making 
                grants.''.
    (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2012 through 2015'' and inserting ``2016 through 2019''.
    (c) One-call Notification Programs.--Section 6107 is amended--
            (1) in subsection (a), by striking ``$1,000,000 for each of 
        fiscal years 2012 through 2015'' and inserting ``$1,060,000 for 
        each of the fiscal years 2016 through 2019''; and
            (2) in subsection (b), by striking ``2012 through 2015'' 
        and inserting ``2016 through 2019''.
    (d) State Damage Prevention Programs.--Section 60134(i) is amended 
by striking ``2012 through 2015'' and inserting ``2016 through 2019''.
    (e) Community Pipeline Safety Information Grants.--Section 60130(c) 
is amended by striking ``2012 through 2015'' and inserting ``2016 
through 2019''.
    (f) Pipeline Integrity Program.--Section 12(f) of the Pipeline 
Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is amended by 
striking ``2012 through 2015'' and inserting ``2016 through 2019''.

SEC. 3. REGULATORY UPDATES.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, and every 90 days thereafter until a final rule 
has been issued for each of the requirements described under paragraphs 
(1), (2), and (3), the Secretary of Transportation shall publish an 
update on a public website regarding the status of a final rule for--
            (1) regulations required under the Pipeline Safety 
        Regulatory Certainty and Job Creation Act of 2011 (Public Law 
        112-90; 125 Stat. 1904) for which no interim final rule or 
        direct final rule has been issued;
            (2) any regulation relating to pipeline safety required by 
        law, other than a regulation described under paragraph (1), for 
        which for more than 2 years after the date of the enacting 
        statute or statutory deadline no interim final rule or direct 
        final rule has been issued; and
            (3) any other pipeline safety rulemaking categorized as 
        significant.
    (b) Contents.--Each report under subsection (a) shall include--
            (1) a description of the work plan for the outstanding 
        regulation;
            (2) an updated rulemaking timeline for the outstanding 
        regulation;
            (3) current staff allocations;
            (4) any other information collection request with 
        substantial changes;
            (5) current data collection or research relating to the 
        development of the rulemaking;
            (6) current collaborative efforts with safety experts and 
        other stakeholders;
            (7) any resource constraints impacting the rulemaking 
        process for the outstanding regulation; and
            (8) any other details associated with the development of 
        the rulemaking that impact the progress of the rulemaking.

SEC. 4. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.

    The Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall--
            (1) rescind the implementation of the June 26, 2015 PHMSA 
        interpretative letter (#14-0178); and
            (2) reinstate paragraphs (4) and (5) of section 172.336(c) 
        of title 49, Code of Federal Regulations, without the reference 
        to ``gasohol'', as was originally intended in the March 7, 2013 
        final rule (PHMSA-2011-0142).

SEC. 5. STATUTORY PREFERENCE.

    The Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall prioritize the use of Office of Pipeline Safety 
resources for the development of each outstanding pipeline safety 
statutory requirement, including requirements for rulemakings and 
information collection requests, for a rulemaking described in a report 
under section 3 before beginning any new rulemaking required after the 
date of the enactment of this Act unless the Secretary of 
Transportation certifies to Congress that there is a significant need 
to move forward with a new rulemaking.

SEC. 6. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.

    (a) Report.--Not later than 18 months after the publication of a 
final rule regarding the safety of gas transmission pipelines (76 Fed. 
Reg. 53086), the Comptroller General of the United States shall submit 
a report to Congress regarding the natural gas integrity management 
program.
    (b) Contents.--The report under subsection (a) shall include--
            (1) an analysis of the extent to which the natural gas 
        integrity management program under section 60109(c) of title 
        49, United States Code, has improved the safety of natural gas 
        transmission pipelines;
            (2) an analysis or recommendations, including consideration 
        of technical, operational, and economic feasibility, regarding 
        changes to the program that would prevent inadvertent releases 
        from pipelines and mitigate any adverse consequences of an 
        inadvertent release, including changes to the current 
        definition of high consequence area, or would expand integrity 
        management beyond high consequence areas;
            (3) a review of the cost effectiveness of the legacy class 
        location regulations;
            (4) an analysis of and recommendations regarding what 
        impact pipeline features and conditions, including the age, 
        condition, materials, and construction of a pipeline, should 
        have on risk analysis of a particular pipeline;
            (5) a description of any challenges affecting Federal or 
        State regulators in their oversight of the program and how the 
        challenges are being addressed; and
            (6) a description of any challenges affecting the natural 
        gas industry in complying with the program, and how the 
        challenges are being addressed.
    (c) Definition of High Consequence Area.--In this section and in 
section 7, the term ``high consequence area'' means an area described 
in section 60109(a) of title 49, United States Code.

SEC. 7. HAZARDOUS LIQUID INTEGRITY MANAGEMENT REVIEW.

    (a) Safety Study.--Not later than 18 months after the publication 
of a final rule regarding the safety of hazardous liquid pipelines (80 
Fed. Reg. 61610), the Comptroller General of the United States shall 
submit a report to Congress regarding the hazardous liquid integrity 
management program.
    (b) Contents.--The report under subsection (a) shall include--
            (1) an analysis of the extent to which liquid pipeline 
        integrity management in high consequence areas for operators of 
        certain hazardous liquid pipeline facilities, as regulated 
        under sections 195.450 and 195.452 of title 49, Code of Federal 
        Regulations, has improved the safety of hazardous liquid 
        pipelines;
            (2) recommendations, including consideration of technical, 
        operational, and economic feasibility, regarding changes to the 
        program that could prevent inadvertent releases from pipelines 
        and mitigate any adverse consequences of an inadvertent 
        release, including changes to the current definition of high 
        consequence area;
            (3) an analysis of how surveying, assessment, mitigation, 
        and monitoring activities, including real-time hazardous liquid 
        pipeline monitoring during significant flood events and 
        information sharing with other Federal agencies, are being used 
        to address risks associated with the dynamic and unique nature 
        of rivers, flood plains, and lakes;
            (4) an analysis of and recommendations regarding what 
        impact pipeline features and conditions, including the age, 
        condition, materials, and construction of a pipeline, should 
        have on risk analysis of a particular pipeline and what changes 
        to the definition of high consequence area could be made to 
        improve pipeline safety; and
            (5) a description of any challenges affecting Federal or 
        State regulators in their oversight of the program and how the 
        challenges are being addressed.

SEC. 8. TECHNICAL SAFETY STANDARDS COMMITTEES.

    Section 60115(b)(4)(A) is amended by striking ``State 
commissioners. The Secretary shall consult with the national 
organization of State commissions before selecting those 2 
individuals.'' and inserting ``State officials. The Secretary shall 
consult with national organizations representing State commissioners or 
governors when making a selection under this subparagraph.''

SEC. 9. INSPECTION REPORT INFORMATION.

    (a) In General.--Not later than 30 days after the completion of a 
pipeline safety inspection, the Administrator of the Pipeline and 
Hazardous Materials Safety Administration, or the State authority 
certified under section 60105 of title 49, United States Code, shall--
            (1) conduct a post-inspection briefing with the operator 
        outlining concerns, and to the extent practicable, provide 
        written preliminary findings of the inspection; or
            (2) issue to the operator a final report, notice of 
        amendment of plans or procedures, safety order, or corrective 
        action order, or such other applicable report, notice, or 
        order.
    (b) Report.--
            (1) In general.--The Administrator shall submit an annual 
        report to Congress regarding--
                    (A) the actions that the Pipeline and Hazardous 
                Materials Safety Administration has taken to ensure 
                that inspections by State authorities provide effective 
                and timely oversight; and
                    (B) statistics relating to the timeliness of the 
                actions described in paragraphs (1) and (2) of 
                subsection (a).
            (2) Cessation of effectiveness.--Paragraph (1) shall cease 
        to be effective on September 30, 2019.

SEC. 10. PIPELINE ODORIZATION STUDY.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit a report 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives that assesses--
            (1) the feasibility of odorizing all combustible gas in 
        transportation;
            (2) the impacts of the odorization of all combustible gas 
        in transportation on manufacturers, agriculture, and other end 
        users; and
            (3) the relative benefits and costs associated with 
        odorizing all combustible gas in transportation, including 
        impacts on health and safety, compared to using other methods 
        to mitigate pipeline leaks.

SEC. 11. IMPROVING DAMAGE PREVENTION TECHNOLOGY.

    (a) Study.--The Secretary of Transportation, in consultation with 
stakeholders, shall conduct a study on improving existing damage 
prevention programs through technological improvements in location, 
mapping, excavation, and communications practices to prevent accidental 
excavation damage to a pipe or its coating, including considerations of 
technical, operational, and economic feasibility and existing damage 
prevention programs.
    (b) Contents.--The study under subsection (a) shall include--
            (1) an identification of any methods that could improve 
        existing damage prevention programs through location and 
        mapping practices or technologies in an effort to reduce 
        unintended releases caused by excavation;
            (2) an analysis of how increased use of GPS digital mapping 
        technologies, predictive analytic tools, public awareness 
        initiatives including one-call initiatives, the use of mobile 
        devices, and other advanced technologies could supplement 
        existing one-call notification and damage prevention programs 
        to reduce the frequency and severity of incidents caused by 
        excavation damage;
            (3) an identification of any methods that could improve 
        excavation practices or technologies in an effort to reduce 
        pipeline damages;
            (4) an analysis of the feasibility of a national data 
        repository for pipeline excavation accident data that creates 
        standardized data models for storing and sharing pipeline 
        accident information; and
            (5) an identification of opportunities for stakeholder 
        engagement in preventing excavation damage.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Transportation shall submit a report to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives regarding the study under this section, including 
recommendations, that include the consideration of technical, 
operational, and economic feasibility, on how to incorporate, into 
existing damage prevention programs, technological improvements and 
practices that may help prevent accidental excavation damage.

SEC. 12. WORKFORCE OF PIPELINE AND HAZARDOUS MATERIALS SAFETY 
              ADMINISTRATION.

    (a) Review.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator of the Pipeline and Hazardous Materials 
Safety Administration shall submit to Congress a review of Pipeline and 
Hazardous Materials Safety Administration staff resource management, 
including geographic allocation plans, hiring challenges, and expected 
retirement rates and strategies. The review shall include 
recommendations to address hiring challenges, training needs, and any 
other identified staff resource challenges.
    (b) Critical Hiring Needs.--
            (1) In general.--Beginning on the date on which the review 
        is submitted under subsection (a), the Administrator may 
        certify to Congress, not less frequently than annually, that a 
        severe shortage of qualified candidates or a critical hiring 
        need exists for a position or group of positions in the 
        Pipeline and Hazardous Material Safety Administration.
            (2) Direct hire authority.--Notwithstanding sections 3309 
        through 3318 of title 5, United States Code, the Administrator, 
        after making a certification under paragraph (1), may hire a 
        candidate for the position or candidates for the group of 
        positions indicated in the certification, as applicable.
            (3) Terminations of effectiveness.--The direct hire 
        authority provided under paragraph (2) shall terminate on 
        September 30, 2019.

SEC. 13. RESEARCH AND DEVELOPMENT.

    (a) In General.--In developing a research and development program 
plan under paragraph (3) of section 12(d) of the Pipeline Safety 
Improvement Act of 2002 (49 U.S.C. 60101 note), the Administrator of 
the Pipeline and Hazardous Material Safety Administration, in 
consultation with the Assistant Secretary for Research and Technology, 
shall--
            (1) detail compliance with the consultation requirement 
        under paragraph (2) of such section;
            (2) provide opportunities for joint research ventures with 
        non-Federal entities, whenever practicable and appropriate, to 
        leverage limited Federal research resources; and
            (3) permit collaborative research and development projects 
        with appropriate non-Federal organizations.
    (b) Collaborative Safety Research Report.--Section 60124(a)(6) is 
amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) research activities in collaboration with 
                non-Federal entities, including the intended 
                improvements to safety technology, inspection 
                technology, operator response time, and emergency 
                responder incident response time.''.

SEC. 14. INFORMATION SHARING SYSTEM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Transportation shall convene a 
working group to consider the development of a voluntary no-fault 
information sharing system to encourage collaborative efforts to 
improve inspection information feedback and information sharing with 
the purpose of improving natural gas transmission and hazardous liquid 
pipeline integrity risk analysis.
    (b) Membership.--The working group described in subsection (a) 
shall include representatives from--
            (1) the Pipeline and Hazardous Materials Safety 
        Administration;
            (2) industry stakeholders, including operators of pipeline 
        facilities, inspection technology vendors, and pipeline 
        inspection organizations;
            (3) safety advocacy groups;
            (4) research institutions;
            (5) State public utility commissions or State officials 
        responsible for pipeline safety oversight;
            (6) State pipeline safety inspectors; and
            (7) labor representatives.
    (c) Considerations.--The working group described in subsection (a) 
shall consider and provide recommendations, if applicable, to the 
Secretary on--
            (1) the need for and the identification of a system to 
        ensure that dig verification data is shared with inline 
        inspection operators to the extent consistent with the need to 
        maintain proprietary and security sensitive data in a 
        confidential manner to improve pipeline safety and inspection 
        technology;
            (2) ways to encourage the exchange of pipeline inspection 
        information and the development of advanced pipeline inspection 
        technologies and enhanced risk analysis;
            (3) opportunities to share data, including dig verification 
        data between operators of pipeline facilities and in-line 
        inspector vendors to expand knowledge of the advantages and 
        disadvantages of the different types of in-line inspection 
        technology and methodologies;
            (4) options to create a secure system that protects 
        proprietary data while encouraging the exchange of pipeline 
        inspection information and the development of advanced pipeline 
        inspection technologies and enhanced risk analysis; and
            (5) regulatory, funding, and legal barriers to sharing the 
        information described in paragraphs (1) through (4).
    (d) FACA.--The working group shall not be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.).
    (e) Publication.--The Secretary shall publish the recommendations 
provided under subsection (c) on a publicly available website.

SEC. 15. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY DATABASE.

    (a) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Transportation shall submit a 
report to Congress on the feasibility of a national integrated pipeline 
safety regulatory inspection database to improve communication and 
collaboration between the Pipeline and Hazardous Materials Safety 
Administration and State pipeline regulators.
    (b) Contents.--The report under subsection (a) shall include--
            (1) a description of any efforts currently underway to test 
        a secure information-sharing system for the purpose described 
        in subsection (a);
            (2) a description of any progress in establishing common 
        standards for maintaining, collecting, and presenting pipeline 
        safety regulatory inspection data, and a methodology for the 
        sharing of the data;
            (3) a description of any existing inadequacies or gaps in 
        State and Federal inspection, enforcement, geospatial, or other 
        pipeline safety regulatory inspection data;
            (4) a description of the potential safety benefits of a 
        national integrated pipeline database; and
            (5) recommendations for how to implement a secure 
        information-sharing system that protects proprietary and 
        security sensitive information and data for the purpose 
        described in subsection (a).
    (c) Consultation.--In preparing the report under subsection (a), 
the Secretary shall consult with stakeholders, including each State 
authority operating under a certification to regulate intrastate 
pipelines under section 60105 of title 49, United States Code.

SEC. 16. UNDERGROUND NATURAL GAS STORAGE FACILITIES.

    (a) Defined Term.--Section 60101(a) is amended--
            (1) in paragraph (21)(B), by striking the period at the end 
        and inserting a semicolon;
            (2) in paragraph (24), by striking ``and'' at the end;
            (3) in paragraph (25), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(27) `underground natural gas storage facility' means a 
        gas pipeline facility that stores gas in an underground 
        facility, including--
                    ``(A) a depleted hydrocarbon reservoir;
                    ``(B) an aquifer reservoir; or
                    ``(C) a solution mined salt cavern reservoir.''.
    (b) Standards for Underground Natural Gas Storage Facilities.--
Chapter 601 is amended by inserting after section 60103 the following:
``Sec. 60103A. Standards for underground natural gas storage facilities
    ``(a) Minimum Uniform Safety Standards.--Not later than 2 years 
after the date of the enactment of the SAFE PIPES Act, the Secretary of 
Transportation, in consultation with the heads of other relevant 
Federal agencies, shall issue minimum uniform safety standards, 
incorporating, to the extent practicable, consensus standards for the 
operation, environmental protection, and integrity management of 
underground natural gas storage facilities.
    ``(b) Considerations.--In developing uniform safety standards under 
subsection (a), the Secretary shall--
            ``(1) consider the economic impacts of the regulations on 
        individual gas customers to the extent practicable;
            ``(2) ensure that the regulations do not have a significant 
        economic impact on end users to the extent practicable;
            ``(3) consider existing consensus standards; and
            ``(4) consider the recommendations of the Aliso Canyon Task 
        Force under section 27 of the Securing America's Future Energy: 
        Protecting our Infrastructure of Pipelines and Enhancing Safety 
        Act.
    ``(c) User Fees.--
            ``(1) In general.--A fee shall be imposed on an entity 
        operating an underground natural gas storage facility to which 
        this section applies. Any such fee imposed shall be collected 
        before the end of the fiscal year to which it applies.
            ``(2) Means of collection.--The Secretary shall prescribe 
        procedures to collect fees under this subsection. The Secretary 
        may use a department, agency, or instrumentality of the United 
        States Government or of a State or local government to collect 
        the fee and may reimburse the department, agency, or 
        instrumentality a reasonable amount for its services.
            ``(3) Use of fees.--
                    ``(A) Account.--There is established an underground 
                natural gas storage facility safety account in the 
                Pipeline Safety Fund established under section 60301, 
                in the Treasury of the United States.
                    ``(B) Use of fees.--A fee collected under this 
                subsection--
                            ``(i) shall be deposited in the underground 
                        natural gas storage facility safety account; 
                        and
                            ``(ii) if the fee is related to an 
                        underground natural gas storage facility, may 
                        be used only for an activity related to 
                        underground natural gas storage safety under 
                        this section.
                    ``(C) Limitation.--Amounts collected under this 
                subsection shall be made available only to the extent 
                provided in advance in an appropriation law for an 
                activity related to underground natural gas storage 
                safety.
    ``(d) Rules of Construction.--
            ``(1) In general.--Nothing in this section may be construed 
        to affect any Federal regulation relating to gas pipeline 
        facilities that is in effect on the day before the date of 
        enactment of the SAFE PIPES Act.
            ``(2) Limitations.--Nothing in this section may be 
        construed to authorize the Secretary--
                    ``(A) to prescribe the location of an underground 
                natural gas storage facility; or
                    ``(B) to require the Secretary's permission to 
                construct a facility referred to in subparagraph 
                (A).''.
    (c) Clerical Amendment.--The table of sections for chapter 601 is 
amended by inserting after the item relating to section 60103 the 
following:

``60103A. Standards for underground natural gas storage facilities.''.

SEC. 17. JOINT INSPECTION AND OVERSIGHT.

    To ensure the safety of pipeline transportation, the Secretary of 
Transportation shall coordinate with States to ensure safety through 
the following:
            (1) At the request of a State authority, the Secretary 
        shall allow for a certified state authority under section 60105 
        of title 49, United States Code, to participate in the 
        inspection of an interstate pipeline facility.
            (2) Where appropriate, may provide temporary authority for 
        a certified State authority under that section to participate 
        in oversight of interstate pipeline safety transportation to 
        ensure proper safety oversight and prevent an adverse impact on 
        public safety.

SEC. 18. RESPONSE PLANS.

    In preparing or reviewing a response plan under part 194 of title 
49, Code of Federal Regulations, the Administrator of the Pipeline and 
Hazardous Materials Safety Administration and an operator shall each 
address, to the maximum extent practicable, the impact of a worse case 
discharge of oil, or the substantial threat of such a discharge, into 
or on any navigable waters or adjoining shorelines that may be covered 
in whole or in part by ice.

SEC. 19. HIGH CONSEQUENCE AREAS.

    The Secretary of Transportation shall revise section 195.6(b) of 
title 49, Code of Federal Regulations to explicitly state that the 
Great Lakes are a USA ecological resource (as defined in section 
195.6(b) of that title) for purposes of determining whether a pipeline 
is in a high consequence area (as defined in section 195.450 of that 
title).

SEC. 20. SURFACE TRANSPORTATION SECURITY REVIEW.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit a report to 
Congress on the staffing, resource allocation, oversight strategy, and 
management of the Transportation Security Administration's pipeline 
security program and other surface transportation programs. The report 
shall include information on the coordination between the 
Transportation Security Administration, other Federal stakeholders, and 
industry.

SEC. 21. SMALL SCALE LIQUEFIED NATURAL GAS FACILITIES.

    (a) Defined Term.--Section 60101(a), as amended by section 16, is 
further amended by inserting after paragraph (25) the following:
            ``(26) `small scale liquefied natural gas facility' means a 
        permanent intrastate liquefied natural gas facility (other than 
        a peak shaving facility) that produces liquefied natural gas 
        for--
                    ``(A) use as a fuel in the United States; or
                    ``(B) transportation in the United States by a 
                means other than a pipeline facility; and''.
    (b) Siting Standards for Permanent Small Scale Liquefied Natural 
Gas Facilities.--Section 60103(a) is amended to read as follows:
    ``(a) Location Standards.--
            ``(1) In general.--The Secretary of Transportation shall 
        prescribe minimum safety standards for deciding on the 
        permanent location of a new liquefied natural gas pipeline 
        facility or small scale liquefied natural gas facility.
            ``(2) Liquefied natural gas facilities.--In prescribing a 
        minimum safety standard for deciding on the permanent location 
        of a new liquefied natural gas facility, the Secretary of 
        Transportation shall consider--
                    ``(A) the kind and use of the facility;
                    ``(B) the existing and projected population and 
                demographic characteristics of the location;
                    ``(C) the existing and proposed land uses near the 
                location;
                    ``(D) the natural physical aspects of the location;
                    ``(E) medical, law enforcement, and fire prevention 
                capabilities near the location that can cope with a 
                risk caused by the facility; and
                    ``(F) the need to encourage remote siting.
            ``(3) Small scale liquefied natural gas facilities.--
                    ``(A) In general.--Not later than 18 months after 
                the date of the enactment of the SAFE PIPES Act, the 
                Secretary of Transportation shall prescribe minimum 
                safety standards for permanent small scale liquefied 
                natural gas facilities.
                    ``(B) Considerations.--In prescribing minimum 
                safety standards under this paragraph, the Secretary 
                shall consider--
                            ``(i) the value of establishing risk-based 
                        approaches;
                            ``(ii) the benefit of incorporating 
                        industry standards and best practices;
                            ``(iii) the need to encourage the use of 
                        best available technology; and
                            ``(iv) the factors prescribed in paragraph 
                        (2), as appropriate.''.

SEC. 22. REPORT ON NATURAL GAS LEAK REPORTING.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall submit to Congress a report on 
the metrics provided to the Pipeline and Hazardous Materials Safety 
Administration and other Federal and State agencies related to lost and 
unaccounted for natural gas from distribution pipelines and systems.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) An examination of different reporting requirements or 
        standards for lost and unaccounted for natural gas to different 
        agencies, the reasons for any such discrepancies, and 
        recommendations for harmonizing and improving the accuracy of 
        reporting.
            (2) An analysis of whether separate or alternative 
        reporting could better measure the amounts and identify the 
        location of lost and unaccounted for natural gas from natural 
        gas distribution systems.
            (3) A description of potential safety issues associated 
        with natural gas that is lost and unaccounted for from natural 
        gas distribution systems.
            (4) An assessment of whether alternate reporting and 
        measures will resolve any safety issues identified under 
        paragraph (3), including an analysis of the potential impact, 
        including potential savings, on rate payers and end users of 
        natural gas products of such reporting and measures.
    (c) Consideration of Recommendations.--If the Administrator 
determines that alternate reporting structures or recommendations 
included in the report required under subsection (a) would 
significantly improve the reporting and measurement of lost and 
unaccounted for gas or safety of systems, the Administrator shall, not 
later than 180 days after making such determination, issue regulations, 
as the Administrator determines appropriate, to implement the 
recommendations.

SEC. 23. COMPTROLLER GENERAL REVIEW OF STATE POLICIES RELATING TO 
              NATURAL GAS LEAKS.

    (a) Review.--The Comptroller General of the United States shall 
conduct a State-by-State review of State-level policies that--
            (1) encourage the repair and replacement of leaking natural 
        gas distribution pipelines or systems that pose a safety 
        threat, such as timelines to repair leaks and limits on cost 
        recovery from ratepayers; and
            (2) that may create barriers for entities to conduct work 
        to repair and replace leaking natural gas pipelines or 
        distribution systems.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress and the 
Pipeline and Hazardous Materials Safety Administration a report 
summarizing the findings of the review conducted under subsection (a) 
and making recommendations on Federal or State policies or best 
practices that may improve safety by accelerating the repair and 
replacement of natural gas pipelines or systems that are leaking or 
releasing natural gas, including policies within the jurisdiction of 
the Pipeline and Hazardous Materials Safety Administration. The report 
shall consider the potential impact, including potential savings, of 
the implementation of its recommendations on ratepayers or end users of 
the natural gas pipeline system.
    (c) Consideration of Recommendations.--If the Comptroller General 
makes recommendations in the report submitted under subsection (a) on 
Federal or State policies or best practices within the jurisdiction of 
the Pipeline and Hazardous Materials Safety Administration, the 
Administrator shall, not later than 90 days after such submission, 
review such recommendations and report to Congress on the feasibility 
of implementing such recommendations. If the Administrator determines 
that the recommendations would significantly improve pipeline safety, 
the Administrator shall, not later than 180 days after making such 
determination and in coordination with the heads of other relevant 
agencies as appropriate, issue regulations, as the Administrator 
determines appropriate, to implement the recommendations.

SEC. 24. PROVISION OF RESPONSE PLANS TO APPROPRIATE COMMITTEES OF 
              CONGRESS.

    (a) Provision of Plans.--
            (1) In general.--Notwithstanding subsection (a)(2) of 
        section 60138 of title 49, United States Code, and subject to 
        paragraph (2), upon the request of the Chairperson or Ranking 
        Member of an appropriate committee of Congress, the 
        Administrator of the Pipeline and Hazardous Materials Safety 
        Administration shall provide the Chairperson or Ranking Member, 
        as applicable, a uniquely identifiable, unredacted copy of an 
        oil response plan under that section.
            (2) Protection of information.--Any information subject to 
        exclusion under section 60138(a)(2) of title 49, United States 
        Code, that is provided under paragraph (1) shall be afforded 
        appropriate protection against unauthorized public disclosure, 
        consistent with the rules and practices related to the 
        protection of confidential information received by Congress.
    (b) Rule of Construction.--Nothing in this section shall be 
construed as affecting the provision of any other report, data, or 
other information to Congress, or its handling thereof.

SEC. 25. CONSULTATION WITH FERC AS PART OF PRE-FILING PROCEDURES AND 
              PERMITTING PROCESS FOR NEW NATURAL GAS PIPELINE 
              INFRASTRUCTURE.

    Where appropriate, the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall consult with the Federal Energy 
Regulatory Commission during its pre-filing procedures and permitting 
process for new natural gas pipeline infrastructure to ensure the 
protection of people and the environment from the potential risks of 
hazardous materials transportation by pipeline.

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, except when the Secretary waives this 
requirement.''.

SEC. 27. ALISO CANYON NATURAL GAS LEAK TASK FORCE.

    (a) Establishment of Task Force.--Not later than 15 days after the 
date of enactment of this Act, the Secretary of Energy shall lead and 
establish an Aliso Canyon Task Force (referred to in this section as 
the ``task force'').
    (b) Membership of Task Force.--In addition to the Secretary, the 
task force shall be composed of--
            (1) 1 representative from the Pipeline and Hazardous 
        Materials Safety Administration;
            (2) 1 representative from the Department of Health and 
        Human Services;
            (3) 1 representative from the Environmental Protection 
        Agency;
            (4) 1 representative from the Department of the Interior;
            (5) 1 representative from the Department of Commerce; and
            (6) 1 representative from the Federal Energy Regulatory 
        Commission.
    (c) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the task force shall submit a final 
        report that contains the information described in paragraph (2) 
        to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate;
                    (B) the Committee on Natural Resources of the House 
                of Representatives;
                    (C) the Committee on Environment and Public Works 
                of the Senate;
                    (D) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    (E) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (F) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (G) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (H) the Committee on Education and the Workforce of 
                the House of Representatives;
                    (I) the President; and
                    (J) relevant Federal and State agencies.
            (2) Information included.--The report submitted under 
        paragraph (1) shall include, at a minimum--
                    (A) an analysis and conclusion of the cause and 
                contributing factors of the Aliso Canyon natural gas 
                leak;
                    (B) an analysis of measures taken to stop the 
                natural gas leak, with an immediate focus on other, 
                more effective measures that could be taken;
                    (C) an assessment of the impact of the natural gas 
                leak on health, safety, the environment, and the 
                economy of the residents and property surrounding Aliso 
                Canyon, on wholesale and retail electricity prices, and 
                on the reliability of the bulk-power system;
                    (D) an analysis of how Federal, State, and local 
                agencies responded to the natural gas leak;
                    (E) in order to lessen the negative impacts of 
                natural gas leaks from underground storage facilities, 
                recommendations on how to improve--
                            (i) the response to a future leak; and
                            (ii) coordination between all appropriate 
                        Federal, State, and local agencies in the 
                        response to the Aliso Canyon natural gas leak 
                        and future natural gas leaks;
                    (F) an analysis of the potential for a similar 
                natural gas leak to occur at other underground natural 
                gas storage facilities in the United States;
                    (G) recommendations on how to prevent any future 
                natural gas leaks;
                    (H) recommendations on whether to continue 
                operations at Aliso Canyon and other underground 
                storage facilities in close proximity to residential 
                populations based on an assessment of the risk of a 
                future natural gas leak; and
                    (I) a recommendation on information that is not 
                currently collected but that would be in the public 
                interest to collect and distribute to agencies and 
                institutions for the continued study and monitoring of 
                natural gas storage infrastructure in the United 
                States.
            (3) Publication.--The final report under paragraph (1) 
        shall be made available to the public in an electronically 
        accessible format.
            (4) Findings.--If, before the final report is submitted 
        under paragraph (1), the task force finds methods to solve the 
        natural gas leak at Aliso Canyon, finds methods to better 
        protect the affected communities, or finds methods to help 
        prevent other leaks, the task force shall immediately submit 
        such findings to the entities described in subparagraphs (A) 
        through (J) of paragraph (1).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

            Passed the Senate March 3, 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 2276

_______________________________________________________________________

                                 AN ACT

 To amend title 49, United States Code, to provide enhanced safety in 
            pipeline transportation, and for other purposes.