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

<DOC>






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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