[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2276 Introduced in Senate (IS)]
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114th CONGRESS
1st Session
S. 2276
To amend title 49, United States Code, to provide enhanced safety in
pipeline transportation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 10, 2015
Mrs. Fischer (for herself, Mr. Booker, Mr. Daines, and Mr. Peters)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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; 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) 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 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 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 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) current data collection or research relating to the
development of the rulemaking;
(5) current collaborative efforts with safety experts and
other stakeholders;
(6) any resource constraints impacting the rulemaking
process for the outstanding regulation; and
(7) any other details associated with the development of
the rulemaking that impact the progress of the rulemaking.
SEC. 4. STATUTORY PREFERENCE.
The Administrator of the Pipeline and Hazardous Materials Safety
Administration shall prioritize the use of Pipeline and Hazardous
Materials Safety Administration resources for the completion of each
outstanding statutory requirement 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. 5. 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 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 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 the age 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 6, the term ``high consequence area'' means an area described
in section 60109(a) of title 49, United States Code.
SEC. 6. 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 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. 7. 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. 8. 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 head of the agency
leading the inspection, 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.
(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. 9. IMPROVING LOCATION MAPPING TECHNOLOGY.
(a) Study.--The Secretary of Transportation, in consultation with
stakeholders, shall conduct a study on improving damage prevention
through technological improvements in location and communications
practices to prevent accidental excavation damage to a pipe or its
coating, including considerations of technical, operational, and
economic feasibility.
(b) Contents.--The study under subsection (a) shall include--
(1) an identification of any methods that could improve
damage prevention through location and mapping data 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 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
(4) 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
technological improvements and practices that may help prevent
accidental excavation damage.
SEC. 10. 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 Materials 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, as applicable.
(3) Terminations of effectiveness.--The direct hire
authority provided under paragraph (2) shall terminate on
September 30, 2019.
SEC. 11. 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 Materials 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. 12. 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 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. 13. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY DATABASE.
(a) Report.--Not later than 18 months after the date of the
enactment of this Act and subject to subsection (c), 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 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. 14. UNDERGROUND NATURAL GAS STORAGE FACILITIES.
(a) Definition of Underground Natural Gas Storage Facility.--In
this section, the term ``underground natural gas storage facility''
means a gas pipeline facility (as defined in section 60101 of title 49,
United States Code) that stores gas in an underground facility,
including--
(1) a depleted hydrocarbon reservoir;
(2) an aquifer reservoir; or
(3) a solution mined salt cavern reservoir.
(b) Minimum Uniform Safety Standards.--Not later than 2 years after
the date of the enactment of this 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.
(c) Considerations.--In developing the uniform safety standards
under subsection (b), 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; and
(3) consider existing consensus standards.
(d) Certifications.--The Secretary may authorize an intrastate
underground natural gas storage safety program by a State authority
that annually submits a certification to the Secretary in the same
manner as provided under subsections (b) and (c) of section 60105 of
title 49, United States Code.
(e) Agreements.--
(1) In general.--The Secretary may make an agreement, in
the same manner as provided in section 60106 of title 49,
United States Code, with a State authority authorizing the
State authority to take necessary action to provide or
participate in the oversight of interstate underground natural
gas storage facilities.
(2) Rule of construction.--Notwithstanding the limitation
under section 60104(b) of title 49, United States Code, to the
extent a State has oversight of the wellbore piping and hole
drilled to connect the surface wellhead with the underground
reservoir, the standards adopted under subsection (b) may be
enforced by the State.
(f) Grants.--If a State authority with responsibility for
regulating gas pipelines in that State under a certification under
section 60105 of title 49, United States Code, an agreement under
section 60106 of that title, or both, files an application in such form
and manner as prescribed by the Secretary not later than September 30
of a calendar year, the Secretary shall pay not more than 80 percent of
the cost of the personnel, equipment, and activities the authority
reasonably requires during the next calendar year--
(1) to carry out an intrastate underground natural gas
storage safety program under a certification under subsection
(d); or
(2) to act as an agent of the Secretary on interstate
underground natural gas storage facilities under an agreement
under subsection (e).
(g) 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 of
title 49, United States Code, 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.
(h) Rules of Construction.--
(1) In general.--Nothing in this section may be construed
to affect any regulation relating to gas pipeline facilities
that is in effect on the day before the date of enactment of
this Act.
(2) Limitations.--Nothing in this section may be construed
to authorize the Secretary to prescribe the location of an
underground natural gas storage facility or to require the
Secretary's permission to construct such a facility.
SEC. 15. RESPONSE PLANS.
(a) In General.--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 consider, to the maximum extent practicable, the
impact of a worst-case discharge of hazardous liquid, 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.
(b) Definitions.--In this section, any applicable definitions set
forth in section 194.5 of title 49, Code of Federal Regulations (as in
effect on the day before the date of enactment of this Act), shall
apply.
SEC. 16. 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 U.S.A. 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. 17. SURFACE TRANSPORTATION SECURITY REVIEW.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General 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.
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