[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2276 Reported in Senate (RS)]
<DOC>
Calendar No. 370
114th CONGRESS
2d Session
S. 2276
[Report No. 114-209]
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, Mr. Peters, and Mrs.
Boxer) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
February 24, 2016
Reported by Mr. Thune, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; REFERENCES.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 2. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) Gas and Hazardous Liquid.--Section 60125(a) is
amended--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (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)--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Emergency Response Grants.--Section 60125(b)(2) is
amended by striking ``2012 through 2015'' and inserting ``2016 through
2019''.</DELETED>
<DELETED> (c) One-Call Notification Programs.--Section 6107 is
amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in subsection (b), by striking ``2012 through
2015'' and inserting ``2016 through 2019''.</DELETED>
<DELETED> (d) State Damage Prevention Programs.--Section 60134(i) is
amended by striking ``2012 through 2015'' and inserting ``2016 through
2019''.</DELETED>
<DELETED> (e) Community Pipeline Safety Information Grants.--Section
60130(c) is amended by striking ``2012 through 2015'' and inserting
``2016 through 2019''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 3. REGULATORY UPDATES.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) any other rulemaking categorized as
significant.</DELETED>
<DELETED> (b) Contents.--Each report under subsection (a) shall
include--</DELETED>
<DELETED> (1) a description of the work plan for the
outstanding regulation;</DELETED>
<DELETED> (2) an updated rulemaking timeline for the
outstanding regulation;</DELETED>
<DELETED> (3) current staff allocations;</DELETED>
<DELETED> (4) current data collection or research relating
to the development of the rulemaking;</DELETED>
<DELETED> (5) current collaborative efforts with safety
experts and other stakeholders;</DELETED>
<DELETED> (6) any resource constraints impacting the
rulemaking process for the outstanding regulation;
and</DELETED>
<DELETED> (7) any other details associated with the
development of the rulemaking that impact the progress of the
rulemaking.</DELETED>
<DELETED>SEC. 4. STATUTORY PREFERENCE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 5. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Contents.--The report under subsection (a) shall
include--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) a review of the cost effectiveness of the
legacy class location regulations;</DELETED>
<DELETED> (4) an analysis of and recommendations regarding
what impact the age of a pipeline should have on risk analysis
of a particular pipeline;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (6) a description of any challenges affecting the
natural gas industry in complying with the program, and how the
challenges are being addressed.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. HAZARDOUS LIQUID INTEGRITY MANAGEMENT
REVIEW.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Contents.--The report under subsection (a) shall
include--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) a description of any challenges affecting
Federal or State regulators in their oversight of the program
and how the challenges are being addressed.</DELETED>
<DELETED>SEC. 7. TECHNICAL SAFETY STANDARDS COMMITTEES.</DELETED>
<DELETED> 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.''.</DELETED>
<DELETED>SEC. 8. INSPECTION REPORT INFORMATION.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) conduct a post-inspection briefing with the
operator outlining concerns, and to the extent practicable,
provide written preliminary findings of the inspection;
or</DELETED>
<DELETED> (2) issue to the operator a final report, notice
of amendment of plans or procedures, safety order, or
corrective action order.</DELETED>
<DELETED> (b) Report.--</DELETED>
<DELETED> (1) In general.--The Administrator shall submit an
annual report to Congress regarding--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) statistics relating to the timeliness
of the actions described in paragraphs (1) and (2) of
subsection (a).</DELETED>
<DELETED> (2) Cessation of effectiveness.--Paragraph (1)
shall cease to be effective on September 30, 2019.</DELETED>
<DELETED>SEC. 9. IMPROVING LOCATION MAPPING TECHNOLOGY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Contents.--The study under subsection (a) shall
include--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) an identification of opportunities for
stakeholder engagement in preventing excavation
damage.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 10. WORKFORCE OF PIPELINE AND HAZARDOUS MATERIALS SAFETY
ADMINISTRATION.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Critical Hiring Needs.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Terminations of effectiveness.--The direct
hire authority provided under paragraph (2) shall terminate on
September 30, 2019.</DELETED>
<DELETED>SEC. 11. RESEARCH AND DEVELOPMENT.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) detail compliance with the consultation
requirement under paragraph (2) of such section;</DELETED>
<DELETED> (2) provide opportunities for joint research
ventures with non-Federal entities, whenever practicable and
appropriate, to leverage limited Federal research resources;
and</DELETED>
<DELETED> (3) permit collaborative research and development
projects with appropriate non-Federal organizations.</DELETED>
<DELETED> (b) Collaborative Safety Research Report.--Section
60124(a)(6) is amended--</DELETED>
<DELETED> (1) in subparagraph (A), by striking ``and'' at
the end;</DELETED>
<DELETED> (2) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 12. INFORMATION SHARING SYSTEM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Membership.--The working group described in subsection
(a) shall include representatives from--</DELETED>
<DELETED> (1) the Pipeline and Hazardous Materials Safety
Administration;</DELETED>
<DELETED> (2) industry stakeholders, including operators of
pipeline facilities, inspection technology vendors, and
pipeline inspection organizations;</DELETED>
<DELETED> (3) safety advocacy groups;</DELETED>
<DELETED> (4) research institutions;</DELETED>
<DELETED> (5) State public utility commissions or State
officials responsible for pipeline safety oversight;</DELETED>
<DELETED> (6) State pipeline safety inspectors;
and</DELETED>
<DELETED> (7) labor representatives.</DELETED>
<DELETED> (c) Considerations.--The working group described in
subsection (a) shall consider and provide recommendations, if
applicable, to the Secretary on--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) ways to encourage the exchange of pipeline
inspection information and the development of advanced pipeline
inspection technologies and enhanced risk analysis;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) regulatory, funding, and legal barriers to
sharing the information described in paragraphs (1) through
(4).</DELETED>
<DELETED> (d) FACA.--The working group shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).</DELETED>
<DELETED> (e) Publication.--The Secretary shall publish the
recommendations provided under subsection (c) on a publicly available
website.</DELETED>
<DELETED>SEC. 13. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY
DATABASE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Contents.--The report under subsection (a) shall
include--</DELETED>
<DELETED> (1) a description of any efforts currently
underway to test a secure information-sharing system for the
purpose described in subsection (a);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) a description of any existing inadequacies or
gaps in State and Federal inspection, enforcement, geospatial,
or other pipeline safety regulatory inspection data;</DELETED>
<DELETED> (4) a description of the potential safety benefits
of a national integrated pipeline database; and</DELETED>
<DELETED> (5) recommendations for how to implement a secure
information-sharing system for the purpose described in
subsection (a).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 14. UNDERGROUND NATURAL GAS STORAGE FACILITIES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) a depleted hydrocarbon reservoir;</DELETED>
<DELETED> (2) an aquifer reservoir; or</DELETED>
<DELETED> (3) a solution mined salt cavern
reservoir.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Considerations.--In developing the uniform safety
standards under subsection (b), the Secretary shall--</DELETED>
<DELETED> (1) consider the economic impacts of the
regulations on individual gas customers to the extent
practicable;</DELETED>
<DELETED> (2) ensure that the regulations do not have a
significant economic impact on end users to the extent
practicable; and</DELETED>
<DELETED> (3) consider existing consensus
standards.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Agreements.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) to carry out an intrastate underground natural
gas storage safety program under a certification under
subsection (d); or</DELETED>
<DELETED> (2) to act as an agent of the Secretary on
interstate underground natural gas storage facilities under an
agreement under subsection (e).</DELETED>
<DELETED> (g) User Fees.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Use of fees.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Use of fees.--A fee collected under
this subsection--</DELETED>
<DELETED> (i) shall be deposited in the
underground natural gas storage facility safety
account; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (h) Rules of Construction.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 15. RESPONSE PLANS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 16. HIGH CONSEQUENCE AREAS.</DELETED>
<DELETED> 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).</DELETED>
<DELETED>SEC. 17. SURFACE TRANSPORTATION SECURITY REVIEW.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(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.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; references; table of contents.
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 pipeline oil spill response plans to
congressional committees.
Sec. 25. Consultation with FERC as part of pre-filing procedures and
permitting process for new natural gas
pipeline infrastructure.
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 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 Pipeline and Hazardous
Materials Safety Administration resources for the completion of each
outstanding 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 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, 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; and
``(3) consider existing consensus standards.
``(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
consider, 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
an 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 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 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 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 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 PIPELINE OIL SPILL RESPONSE PLANS TO
CONGRESSIONAL COMMITTEES.
(a) In General.--Notwithstanding any other provision of law, the
Administrator of the Pipeline and Hazardous Materials Safety
Administration shall, upon request of the Chairman or Ranking Member of
an appropriate congressional committee, provide to such committee full
and unredacted copies of oil spill response plans.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of
Representatives.
SEC. 25. CONSULTATION WITH FERC AS PART OF PRE-FILING PROCEDURES AND
PERMITTING PROCESS FOR NEW NATURAL GAS PIPELINE
INFRASTRUCTURE.
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 risks of hazardous materials
transportation.
Calendar No. 370
114th CONGRESS
2d Session
S. 2276
[Report No. 114-209]
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to provide enhanced safety in
pipeline transportation, and for other purposes.
_______________________________________________________________________
February 24, 2016
Reported with an amendment