[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1097 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1097

To amend title 49, United States Code, to improve pipeline safety, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 9, 2019

Mr. Markey (for himself, Ms. Warren, and Mr. Blumenthal) 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 improve pipeline safety, 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.

    This Act may be cited as the ``Leonel Rondon Pipeline Safety Act''.

SEC. 2. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.

    (a) In General.--Section 60109(e) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(7) In general.--
                    ``(A) Evaluation of risk.--Not later than 1 year 
                after the date of enactment of this paragraph, the 
                Secretary shall promulgate regulations that ensure that 
                each distribution integrity management plan developed 
                by an operator of a distribution pipeline includes an 
                evaluation of--
                            ``(i) the risks resulting from the presence 
                        of cast iron pipes and mains in the 
                        distribution system; and
                            ``(ii) the risks that could lead to or 
                        result from the operation of a distribution 
                        pipeline above the maximum allowable operating 
                        pressure (as described in section 192.619 of 
                        title 49, Code of Federal Regulations (or 
                        successor regulations)).
                    ``(B) Consideration.--In the evaluations required 
                in a plan under subparagraph (A), the regulations 
                promulgated by the Secretary shall ensure that the 
                distribution integrity management plan evaluates future 
                potential threats in a manner that considers factors 
                other than past observed abnormal operating conditions 
                (as defined in section 192.803 of title 49, Code of 
                Federal Regulations (or successor regulations)) in 
                ranking risks and identifying measures to mitigate 
                those risks under that subparagraph, so that operators 
                avoid using a risk rating of zero for low probability 
                events unless otherwise supported by engineering 
                analysis.
                    ``(C) Deadlines.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this paragraph, 
                        each operator of a distribution pipeline shall 
                        submit to the Secretary or to the relevant 
                        certified State authority, if applicable, a 
                        copy of--
                                    ``(I) the distribution integrity 
                                management plan of the operator;
                                    ``(II) the emergency response plan 
                                under section 192.615 of title 49, Code 
                                of Federal Regulations (or successor 
                                regulations); and
                                    ``(III) the procedural manual for 
                                operations, maintenance, and 
                                emergencies under section 192.605 of 
                                title 49, Code of Federal Regulations 
                                (or successor regulations).
                            ``(ii) Updates.--Each operator of a 
                        distribution pipeline shall submit to the 
                        Secretary an updated plan or manual described 
                        in clause (i) by not later than 60 days after 
                        the date of the update.''.
    (b) Monitoring.--Section 60105(e) of title 49, United States Code, 
is amended--
            (1) in the second sentence, by striking ``A State'' and 
        inserting the following:
            ``(2) Cooperation.--A State'';
            (2) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (3) by adding at the end the following:
            ``(3) Audit program.--Not later than 1 year after the date 
        of enactment of this paragraph, the Secretary shall promulgate 
        regulations to update the annual State Program Evaluations to--
                    ``(A) ensure that a State authority has the 
                capability to sufficiently review and evaluate the 
                adequacy of the plans and manuals described in section 
                60109(e)(7)(C)(i); and
                    ``(B) require that a State authority has a 
                sufficient number of inspectors to ensure safe 
                operations, as determined by a formula that takes into 
                account factors including but not limited to--
                            ``(i) the number of miles of cast iron pipe 
                        in the State;
                            ``(ii) the number of customers in the 
                        State;
                            ``(iii) population density in areas with 
                        gas distribution pipeline;
                            ``(iv) the age of the gas distribution 
                        system in the State; and
                            ``(v) environmental factors, including 
                        relevant geological issues.''.

SEC. 3. EMERGENCY RESPONSE PLANS.

    Section 60102 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(q) Emergency Response Plans.--Not later than 1 year after the 
date of the enactment of this subsection, the Secretary shall 
promulgate regulations to ensure that each emergency response plan 
under section 192.615 of title 49, Code of Federal Regulations (or 
successor regulations), developed by an operator of a distribution 
pipeline includes written procedures for--
            ``(1) establishing communication with fire, police, and 
        other relevant public officials as soon as practicable, but not 
        later than 30 minutes, after a gas pipeline emergency that--
                    ``(A) includes fires, explosions, or one or more 
                fatalities; or
                    ``(B) results in the shutdown of gas service to 
                more than 100 customers;
            ``(2) establishing public communication as soon as 
        practicable and in consultation with fire, police, and other 
        public officials after a gas pipeline emergency that--
                    ``(A) includes fires, explosions, or one or more 
                fatalities; or
                    ``(B) results in the shutdown of gas service to 
                more than 100 customers; and
            ``(3) the development and implementation of a voluntary, 
        opt-in system that would allow operators of distribution 
        pipelines to rapidly communicate with customers in the event of 
        an emergency.''.

SEC. 4. OPERATIONS AND MAINTENANCE MANUALS.

    Section 60102 of title 49, United States Code (as amended by 
section 3), is amended by adding at the end the following:
    ``(r) Operations and Maintenance Manuals.--Not later than 1 year 
after the date of enactment of this subsection, the Secretary shall 
promulgate regulations to ensure that each procedural manual for 
operations, maintenance, and emergencies under section 192.605 of title 
49, Code of Federal Regulations (or successor regulations), developed 
by an operator of a distribution pipeline includes written procedures 
for--
            ``(1) responding to overpressurization alarms, including a 
        clear timeline and order of operations for shutting down 
        portions of the gas distribution system, if necessary; and
            ``(2) a detailed procedure for a management of change 
        process, which shall be applied to all changes to the 
        distribution system, and which shall ensure that relevant 
        employees of an operator of a distribution pipeline, as 
        determined through the regulations, review construction 
        documents for accuracy, completeness, and correctness.''.

SEC. 5. PIPELINE SAFETY MANAGEMENT SYSTEMS.

    Section 60102 of title 49, United States Code (as amended by 
section 4), is amended by adding at the end the following:
    ``(s) Pipeline Safety Management Systems.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall promulgate 
        regulations directing each operator of a distribution pipeline 
        to develop and implement a pipeline safety management systems 
        framework in accordance with Recommended Practice 1173 of the 
        American Petroleum Institute (API RP 1173).
            ``(2) Updates.--The Secretary may periodically revise such 
        regulations to adopt new best industry practices for promoting 
        safety management systems, as appropriate.
            ``(3) Submission.--Each operator of a distribution pipeline 
        shall submit to the Secretary or the relevant State authority, 
        as certified under section 60105 of title 49, United States 
        Code--
                    ``(A) a copy of the pipeline safety management 
                systems framework developed under paragraph (1) by not 
                later than 2 years after the date of enactment of this 
                subsection; and
                    ``(B) any updates to the framework described in 
                subparagraph (A) by not later than 3 years after the 
                date of enactment of this subsection after the update.
            ``(4) Evaluation and certification.--Under a timeline 
        established by the Secretary through regulation, the Secretary 
        or the relevant State authority, as certified under section 
        60105 of title 49, United States Code, shall--
                    ``(A) evaluate pipeline safety management systems 
                frameworks developed under paragraph (1), including by 
                using independent third-party evaluators if necessary; 
                and
                    ``(B) certify that--
                            ``(i) those frameworks are effective and 
                        complete; and
                            ``(ii) operators of distribution pipelines 
                        are in compliance with those frameworks.''.

SEC. 6. PIPELINE SAFETY PRACTICES.

    Section 60102 of title 49, United States Code (as amended by 
section 5), is amended by adding at the end the following:
    ``(t) Other Pipeline Safety Practices.--
            ``(1) Records.--Not later than 180 days after the date of 
        enactment of this subsection, the Secretary shall promulgate 
        regulations to require an operator of a distribution pipeline--
                    ``(A) to develop and maintain traceable, reliable, 
                complete, and up-to-date records of the gas 
                distribution system in each region of operation that 
                depict high-, medium-, and low-gas pressure systems, 
                including maps and other drawings; and
                    ``(B) to ensure that the records described in 
                subparagraph (A) are accessible to all employees of the 
                operator and provided to the Secretary or the relevant 
                State authority.
            ``(2) Approval of certain activities.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Secretary 
                shall promulgate regulations to require that, before 
                carrying out any covered task (as defined in section 
                192.801(b) of title 49, Code of Federal Regulations (or 
                successor regulations)), the covered task is approved 
                by a professional engineer licensed to practice in the 
                State in which it is to be carried out.
                    ``(B) Inclusion.--In promulgating regulations under 
                subparagraph (A), the Secretary shall ensure that 
                professional engineers are provided access to all 
                relevant records and prior work plans needed to certify 
                the safety of the covered task.
                    ``(C) Application.--The following provisions shall 
                not apply to a standard promulgated under subparagraph 
                (A):
                            ``(i) Subsections (c) and (d) of section 
                        60118.
                            ``(ii) Section 60131(e)(5).
            ``(3) Presence of qualified employees.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the Secretary 
                shall promulgate regulations to require that not less 
                than 1 employee of an operator of a distribution 
                pipeline who is qualified to perform relevant covered 
                tasks (as defined in section 192.801(b) of title 49, 
                Code of Federal Regulations (or successor 
                regulations)), shall monitor gas pressure and have the 
                capability to shut down the flow of gas at a district 
                regulator station during any construction project that 
                has the potential to cause a hazardous over-
                pressurization at that station, including tie-ins and 
                abandonment of distribution lines and mains, based on 
                an evaluation of threats that could result in unsafe 
                operation conducted by the operator.
                    ``(B) Exclusion.--In promulgating regulations under 
                subparagraph (A), the Secretary shall ensure that those 
                regulations do not apply to a district regulating 
                station that has a monitoring system and the capability 
                for remote or automatic shutoff.
            ``(4) District regulator stations.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Secretary 
                shall promulgate regulations to require that each 
                operator of a distribution pipeline assesses and 
                upgrades, as appropriate, each district regulator 
                station of the operator to ensure that--
                            ``(i) there is no possibility for a common 
                        mode of failure in the regulator technology of 
                        the station that could lead to an operating 
                        pressure that is greater than the maximum 
                        allowable operating pressure (as described in 
                        section 192.619 of title 49, Code of Federal 
                        Regulations (or successor regulations));
                            ``(ii) the station has monitoring 
                        technology that provides constant awareness of 
                        gas pressure at the station; and
                            ``(iii) the station has additional 
                        pressure-relieving safety technology, such as a 
                        relief valve or automatic shutoff valve, as 
                        appropriate for the configuration and siting of 
                        the station.
            ``(5) Minimum staffing requirements.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Secretary 
                shall promulgate regulations to promote sufficient 
                staffing for monitoring and regulating gas pressure 
                levels by each operator of a distribution pipeline.
                    ``(B) Inclusions.--Regulations promulgated under 
                subparagraph (A) shall consider--
                            ``(i) the total miles of gas main and 
                        service pipeline within the service area of the 
                        operator of the distribution pipeline;
                            ``(ii) the age and material of the pipes 
                        within the service area of the operator of the 
                        distribution pipeline; and
                            ``(iii) the number and density of customers 
                        within the service area of the operator of the 
                        distribution pipeline.''.

SEC. 7. CIVIL PENALTIES.

    Section 60122(a)(1) of title 49, United States Code, is amended--
            (1) in the first sentence, by striking ``$200,000'' and 
        inserting ``$20,000,000'';
            (2) in the third sentence, by striking ``$2,000,000'' and 
        inserting ``$200,000,000''; and
            (3) by adding at the end the following: ``The Secretary 
        shall annually adjust the penalties under this paragraph for 
        inflation.''.
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