Congressional Record, Volume 162 Issue 90 (Wednesday, June 8, 2016)

[Congressional Record Volume 162, Number 90 (Wednesday, June 8, 2016)]
[House]
[Pages H3538-H3549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SECURING AMERICA'S FUTURE ENERGY: PROTECTING OUR INFRASTRUCTURE OF
PIPELINES AND ENHANCING SAFETY ACT

Mr. DENHAM. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 2276) to amend title 49, United States Code, to provide
enhanced safety in pipeline transportation, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

S. 2276

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Protecting
our Infrastructure of Pipelines and Enhancing Safety Act of
2016'' or the ``PIPES Act of 2016''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Regulatory updates.
Sec. 4. Natural gas integrity management review.
Sec. 5. Hazardous liquid integrity management review.
Sec. 6. Technical safety standards committees.
Sec. 7. Inspection report information.
Sec. 8. Improving damage prevention technology.
Sec. 9. Workforce management.
Sec. 10. Information-sharing system.
Sec. 11. Nationwide integrated pipeline safety regulatory database.
Sec. 12. Underground gas storage facilities.
Sec. 13. Joint inspection and oversight.
Sec. 14. Safety data sheets.
Sec. 15. Hazardous materials identification numbers.
Sec. 16. Emergency order authority.
Sec. 17. State grant funds.
Sec. 18. Response plans.
Sec. 19. Unusually sensitive areas.
Sec. 20. Pipeline safety technical assistance grants.
Sec. 21. Study of materials and corrosion prevention in pipeline
transportation.
Sec. 22. Research and development.
Sec. 23. Active and abandoned pipelines.
Sec. 24. State pipeline safety agreements.
Sec. 25. Requirements for certain hazardous liquid pipeline facilities.
Sec. 26. Study on propane gas pipeline facilities.
Sec. 27. Standards for certain liquefied natural gas pipeline
facilities.
Sec. 28. Pipeline odorization study.
Sec. 29. Report on natural gas leak reporting.
Sec. 30. Review of State policies relating to natural gas leaks.
Sec. 31. Aliso Canyon natural gas leak task force.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

(a) Gas and Hazardous Liquid.--Section 60125(a) of title
49, United States Code 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 is authorized
to be appropriated to the Department of Transportation from
fees collected under section 60301--
``(A) $124,500,000 for fiscal year 2016, of which
$9,000,000 shall be expended for carrying out such section 12
and $39,385,000 shall be expended for making grants;
``(B) $128,000,000 for fiscal year 2017 of which $9,000,000
shall be expended for carrying out such section 12 and
$41,885,000 shall be expended for making grants;
``(C) $131,000,000 for fiscal year 2018, of which
$9,000,000 shall be expended for carrying out such section 12
and $44,885,000 shall be expended for making grants; and
``(D) $134,000,000 for fiscal year 2019, of which
$9,000,000 shall be expended for carrying out such section 12
and $47,885,000 shall be expended for making grants.'';
(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
is 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) $22,123,000 for fiscal year 2016, of which $3,000,000
shall be expended for carrying out such section 12 and
$8,067,000 shall be expended for making grants;
``(B) $22,123,000 for fiscal year 2017, of which $3,000,000
shall be expended for carrying out such section 12 and
$8,067,000 shall be expended for making grants;
``(C) $23,000,000 for fiscal year 2018, of which $3,000,000
shall be expended for carrying out such section 12 and
$8,067,000 shall be expended for making grants; and
``(D) $23,000,000 for fiscal year 2019, of which $3,000,000
shall be expended for carrying out such section 12 and
$8,067,000 shall be expended for making grants.''; and
(3) by adding at the end the following:
``(3) Underground natural gas storage facility safety
account.--To carry out section 60141, there is authorized to
be appropriated to the Department of Transportation from fees
collected under section 60302 $8,000,000 for each of fiscal
years 2017 through 2019.''.
(b) Operational Expenses.--There are authorized to be
appropriated to the Secretary of Transportation for the
necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration the following amounts:
(1) $21,000,000 for fiscal year 2016.
(2) $22,000,000 for fiscal year 2017.
(3) $22,000,000 for fiscal year 2018.
(4) $23,000,000 for fiscal year 2019.
(c) One-Call Notification Programs.--
(1) In general.--Section 6107 of title 49, United States
Code, is amended to read as follows:

``Sec. 6107. Funding

``Of the amounts made available under section 60125(a)(1),
the Secretary shall expend $1,058,000 for each of fiscal
years 2016 through 2019 to carry out section 6106.''.
(2) Clerical amendment.--The analysis for chapter 61 of
title 49, United States Code, is amended by striking the item
relating to section 6107 and inserting the following:

``6107. Funding.''.
(d) Pipeline Safety Information Grants to Communities.--The
first sentence of section 60130(c) of title 49, United States
Code, is amended to read as follows: ``Of the amounts made
available under section 2(b) of the PIPES Act of 2016, the
Secretary shall expend $1,500,000 for each of fiscal years
2016 through 2019 to carry out this section.''
(e) 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) Publication.--
(1) In general.--The Secretary of Transportation shall
publish an update on a publicly available Web site of the
Department of Transportation regarding the status of a final
rule for each outstanding regulation, and upon such
publication notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the

[[Page H3539]]

House of Representatives that such publication has been made.
(2) Deadlines.--The Secretary shall publish an update under
this subsection not later than 120 days after the date of
enactment of this Act, and every 90 days thereafter until a
final rule has been published in the Federal Register for
each outstanding regulation.
(b) Contents.--The Secretary shall include in each update
published under subsection (a)--
(1) a description of the work plan for each outstanding
regulation;
(2) an updated rulemaking timeline for each outstanding
regulation;
(3) current staff allocations with respect to each
outstanding regulation;
(4) any resource constraints affecting the rulemaking
process for each outstanding regulation;
(5) any other details associated with the development of
each outstanding regulation that affect the progress of the
rulemaking process; and
(6) a description of all rulemakings regarding gas or
hazardous liquid pipeline facilities published in the Federal
Register that are not identified under subsection (c).
(c) Outstanding Regulation Defined.--In this section, the
term ``outstanding regulation'' means--
(1) a final rule required under the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (Public
Law 112-90) that has not been published in the Federal
Register; and
(2) a final rule regarding gas or hazardous liquid pipeline
facilities required under this Act or an Act enacted prior to
the date of enactment of this Act (other than the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90)) that has not been published in the
Federal Register.

SEC. 4. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.

(a) Report.--Not later than 18 months after the date of
publication in the Federal Register of a final rule regarding
the safety of gas transmission pipelines related to the
notice of proposed rulemaking issued on April 8, 2016, titled
``Pipeline Safety: Safety of Gas Transmission and Gathering
Pipelines'' (81 Fed. Reg. 20721), the Comptroller General of
the United States shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report regarding the integrity management programs
for gas pipeline facilities required under section 60109(c)
of title 49, United States Code.
(b) Contents.--The report required under subsection (a)
shall include--
(1) an analysis of stakeholder perspectives, taking into
consideration technical, operational, and economic
feasibility, regarding ways to enhance pipeline facility
safety, prevent inadvertent releases from pipeline
facilities, and mitigate any adverse consequences of such
inadvertent releases, including changes to the definition of
high consequence area, or expanding integrity management
beyond high consequence areas;
(2) a review of the types of benefits, including safety
benefits, and estimated costs of the legacy class location
regulations;
(3) an analysis of the impact pipeline facility features,
including the age, condition, materials, and construction of
a pipeline facility, have on safety and risk analysis of a
particular pipeline facility;
(4) a description of any challenges affecting Federal or
State regulators in the oversight of gas transmission
pipeline facilities and how the challenges are being
addressed; and
(5) a description of any challenges affecting the natural
gas industry in complying with the programs, and how the
challenges are being addressed, including any challenges
faced by publicly owned natural gas distribution systems.
(c) Definition of High Consequence Area.--In this section,
the term ``high consequence area'' has the meaning given the
term in section 192.903 of title 49, Code of Federal
Regulations.

SEC. 5. HAZARDOUS LIQUID INTEGRITY MANAGEMENT REVIEW.

(a) Report.--Not later than 18 months after the date of
publication in the Federal Register of a final rule regarding
the safety of hazardous liquid pipeline facilities related to
the notice of proposed rulemaking issued on October 13, 2015,
titled ``Pipeline Safety: Safety of Hazardous Liquid
Pipelines'' (80 Fed. Reg. 61610), the Comptroller General of
the United States shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report regarding the integrity management programs
for hazardous liquid pipeline facilities, as regulated under
sections 195.450 and 195.452 of title 49, Code of Federal
Regulations.
(b) Contents.--The report required under subsection (a)
shall include--
(1) taking into consideration technical, operational, and
economic feasibility, an analysis of stakeholder perspectives
on--
(A) ways to enhance hazardous liquid pipeline facility
safety;
(B) risk factors that may warrant more frequent inspections
of hazardous liquid pipeline facilities; and
(C) changes to the definition of high consequence area;
(2) an analysis of how surveying, assessment, mitigation,
and monitoring activities, including real-time hazardous
liquid pipeline facility monitoring during significant flood
events and information sharing with Federal agencies, are
being used to address risks associated with rivers, flood
plains, lakes, and coastal areas;
(3) an analysis of the impact pipeline facility features,
including the age, condition, materials, and construction of
a pipeline facility, have on safety and risk analysis of a
particular pipeline facility and what changes to the
definition of high consequence area could be made to improve
pipeline facility safety; and
(4) a description of any challenges affecting Federal or
State regulators in the oversight of hazardous liquid
pipeline facilities and how those challenges are being
addressed.
(c) Definition of High Consequence Area.--In this section,
the term ``high consequence area'' has the meaning given the
term in section 195.450 of title 49, Code of Federal
Regulations.

SEC. 6. TECHNICAL SAFETY STANDARDS COMMITTEES.

(a) Appointment of Members.--Section 60115(b)(4)(A) of
title 49, United States Code, 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 utility regulators before making a selection
under this subparagraph.''.
(b) Vacancies.--Section 60115(b) of title 49, United States
Code, is amended by adding at the end the following:
``(5) Within 90 days of the date of enactment of the PIPES
Act of 2016, the Secretary shall fill all vacancies on the
Technical Pipeline Safety Standards Committee, the Technical
Hazardous Liquid Pipeline Safety Standards Committee, and any
other committee established pursuant to this section. After
that period, the Secretary shall fill a vacancy on any such
committee not later than 60 days after the vacancy occurs.''.

SEC. 7. INSPECTION REPORT INFORMATION.

(a) Inspection and Maintenance.--Section 60108 of title 49,
United States Code, is amended by adding at the end the
following:
``(e) In General.--After the completion of a Pipeline and
Hazardous Materials Safety Administration pipeline safety
inspection, the Administrator of such Administration, or the
State authority certified under section 60105 of title 49,
United States Code, to conduct such inspection, shall--
``(1) within 30 days, conduct a post-inspection briefing
with the owner or operator of the gas or hazardous liquid
pipeline facility inspected outlining any concerns; and
``(2) within 90 days, to the extent practicable, provide
the owner or operator with written preliminary findings of
the inspection.''.
(b) Notification.--Not later than October 1, 2017, and each
fiscal year thereafter for 2 years, the Administrator shall
notify the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of--
(1) the number of times a deadline under section 60108(e)
of title 49, United States Code, was exceeded in the prior
fiscal year; and
(2) in each instance, the length of time by which the
deadline was exceeded.

SEC. 8. 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 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 to improve existing
damage prevention programs through location and mapping
practices or technologies in an effort to reduce releases
caused by excavation;
(2) an analysis of how increased use of global positioning
system 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 to improve excavation
practices or technologies in an effort to reduce pipeline
damage;
(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 shall submit to the
Committee on

[[Page H3540]]

Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives a report containing the results of the study
conducted under subsection (a), 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 help prevent excavation damage.

SEC. 9. WORKFORCE MANAGEMENT.

(a) Review.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, a review of Pipeline and Hazardous Materials Safety
Administration staff resource management, including--
(1) geographic allocation plans, hiring and time-to-hire
challenges, and expected retirement rates and recruitment and
retention strategies;
(2) an identification and description of any previous
periods of macroeconomic and pipeline industry conditions
under which the Pipeline and Hazardous Materials Safety
Administration has encountered difficulty in filling
vacancies, and the degree to which special hiring
authorities, including direct hiring authority authorized by
the Office of Personnel Management, could have ameliorated
such difficulty; and
(3) recommendations to address hiring challenges, training
needs, and any other identified staff resource challenges.
(b) Direct Hiring.--Upon identification of a period
described in subsection (a)(2), the Administrator of the
Pipeline and Hazardous Materials Safety Administration may
apply to the Office of Personnel Management for the authority
to appoint qualified candidates to any position relating to
pipeline safety, as determined by the Administrator, without
regard to sections 3309 through 3319 of title 5, United
States Code.
(c) Savings Clause.--Nothing in this section shall preclude
the Administrator of the Pipeline and Hazardous Materials
Safety Administration from applying to the Office of
Personnel Management for the authority described in
subsection (b) prior to the completion of the report required
under subsection (a).

SEC. 10. 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 information-sharing system to encourage
collaborative efforts to improve inspection information
feedback and information sharing with the purpose of
improving gas transmission and hazardous liquid pipeline
facility integrity risk analysis.
(b) Membership.--The working group convened pursuant to
subsection (a) shall include representatives from--
(1) the Pipeline and Hazardous Materials Safety
Administration;
(2) industry stakeholders, including operators of pipeline
facilities, inspection technology, coating, and cathodic
protection 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;
(7) labor representatives; and
(8) other entities, as determined appropriate by the
Secretary.
(c) Considerations.--The working group convened pursuant to
subsection (a) shall consider and provide recommendations to
the Secretary on--
(1) the need for, and the identification of, a system to
ensure that dig verification data are shared with in-line
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;
(5) means and best practices for the protection of safety-
and security-sensitive information and proprietary
information; and
(6) regulatory, funding, and legal barriers to sharing the
information described in paragraphs (1) through (4).
(d) Publication.--The Secretary shall publish the
recommendations provided under subsection (c) on a publicly
available Web site of the Department of Transportation.

SEC. 11. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY
DATABASE.

(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure
and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the feasibility of
establishing 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 submitted under subsection (a)
shall include--
(1) a description of any efforts 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 sharing the data;
(3) a description of any 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 safety regulatory inspection
database; and
(5) recommendations, including those of stakeholders 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 implementing this section, 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.
(d) Establishment of Database.--The Secretary may
establish, if appropriate, a national integrated pipeline
safety regulatory database--
(1) after submission of the report required under
subsection (a); or
(2) upon notification to the Committee on Transportation
and Infrastructure and the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate of the
need to establish such database prior to the submission of
the report under subsection (a).

SEC. 12. UNDERGROUND GAS STORAGE FACILITIES.

(a) Defined Term.--Section 60101(a) of title 49, United
States Code, is amended--
(1) in paragraph (21)(B) by striking the period at the end
and inserting a semicolon;
(2) in paragraph (22)(B)(iii) by striking the period at the
end and inserting a semicolon;
(3) in paragraph (24) by striking ``and'' at the end;
(4) in paragraph (25) by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(26) `underground natural gas storage facility' means a
gas pipeline facility that stores natural 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 Gas Storage Facilities.--
Chapter 601 of title 49, United States Code, is amended by
adding at the end the following:

``Sec. 60141. Standards for underground natural gas storage
facilities

``(a) Minimum Safety Standards.--Not later than 2 years
after the date of enactment of the PIPES Act of 2016, the
Secretary, in consultation with the heads of other relevant
Federal agencies, shall issue minimum safety standards for
underground natural gas storage facilities.
``(b) Considerations.--In developing the safety standards
required under subsection (a), the Secretary shall, to the
extent practicable--
``(1) consider consensus standards for the operation,
environmental protection, and integrity management of
underground natural gas storage facilities;
``(2) consider the economic impacts of the regulations on
individual gas customers;
``(3) ensure that the regulations do not have a significant
economic impact on end users; and
``(4) consider the recommendations of the Aliso Canyon
natural gas leak task force established under section 31 of
the PIPES Act of 2016.
``(c) Federal-State Cooperation.--The Secretary may
authorize a State authority (including a municipality) to
participate in the oversight of underground natural gas
storage facilities in the same manner as provided in sections
60105 and 60106.
``(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 PIPES Act of 2016.
``(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).
``(e) Preemption.--A State authority may adopt additional
or more stringent safety standards for intrastate underground
natural gas storage facilities if such standards are

[[Page H3541]]

compatible with the minimum standards prescribed under this
section.
``(f) Statutory Construction.--Nothing in this section
shall be construed to affect the Secretary's authority under
this title to regulate the underground storage of gas that is
not natural gas.''.
(c) User Fees.--Chapter 603 of title 49, United States
Code, is amended by inserting after section 60301 the
following:

``Sec. 60302. User fees for underground natural gas storage
facilities

``(a) In General.--A fee shall be imposed on an entity
operating an underground natural gas storage facility subject
to section 60141. Any such fee imposed shall be collected
before the end of the fiscal year to which it applies.
``(b) Means of Collection.--The Secretary of Transportation
shall prescribe procedures to collect fees under this
section. 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.
``(c) Use of Fees.--
``(1) Account.--There is established an Underground Natural
Gas Storage Facility Safety Account in the Pipeline Safety
Fund established in the Treasury of the United States under
section 60301.
``(2) Use of fees.--A fee collected under this section--
``(A) shall be deposited in the Underground Natural Gas
Storage Facility Safety Account; and
``(B) if the fee is related to an underground natural gas
storage facility subject to section 60141, the amount of the
fee may be used only for an activity related to underground
natural gas storage facility safety.
``(3) Limitation.--No fee may be collected under this
section, except to the extent that the expenditure of such
fee to pay the costs of an activity related to underground
natural gas storage facility safety for which such fee is
imposed is provided in advance in an appropriations Act.''.
(d) Clerical Amendments.--
(1) Chapter 601.--The table of sections for chapter 601 of
title 49, United States Code, is amended by adding at the end
the following:

``60141. Standards for underground natural gas storage facilities.''.
(2) Chapter 603.--The table of sections for chapter 603 of
title 49, United States Code, is amended by inserting after
the item relating to section 60301 the following:

``60302. User fees for underground natural gas storage facilities.''.

SEC. 13. JOINT INSPECTION AND OVERSIGHT.

Section 60106 of title 49, United States Code, is amended
by adding at the end the following:
``(f) Joint Inspectors.--At the request of a State
authority, the Secretary shall allow for a certified State
authority under section 60105 to participate in the
inspection of an interstate pipeline facility.''.

SEC. 14. SAFETY DATA SHEETS.

(a) In General.--Each owner or operator of a hazardous
liquid pipeline facility, following an accident involving
such pipeline facility that results in a hazardous liquid
spill, shall provide safety data sheets on any spilled
hazardous liquid to the designated Federal On-Scene
Coordinator and appropriate State and local emergency
responders within 6 hours of a telephonic or electronic
notice of the accident to the National Response Center.
(b) Definitions.--In this section:
(1) Federal on-scene coordinator.--The term ``Federal On-
Scene Coordinator'' has the meaning given such term in
section 311(a) of the Federal Water Pollution Control Act (33
U.S.C. 1321(a)).
(2) National response center.--The term ``National Response
Center'' means the center described under section 300.125(a)
of title 40, Code of Federal Regulations.
(3) Safety data sheet.--The term ``safety data sheet''
means a safety data sheet required under section 1910.1200 of
title 29, Code of Federal Regulations.

SEC. 15. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.

Not later than 90 days after the date of enactment of this
Act, the Secretary of Transportation shall issue an advanced
notice of proposed rulemaking to take public comment on the
petition for rulemaking dated October 28, 2015, titled
``Corrections to Title 49 C.F.R. Sec. 172.336 Identification
numbers; special provisions'' (P-1667).

SEC. 16. EMERGENCY ORDER AUTHORITY.

Section 60117 of title 49, United States Code, is amended
by adding at the end the following:
``(o) Emergency Order Authority.--
``(1) In general.--If the Secretary determines that an
unsafe condition or practice, or a combination of unsafe
conditions and practices, constitutes or is causing an
imminent hazard, the Secretary may issue an emergency order
described in paragraph (3) imposing emergency restrictions,
prohibitions, and safety measures on owners and operators of
gas or hazardous liquid pipeline facilities without prior
notice or an opportunity for a hearing, but only to the
extent necessary to abate the imminent hazard.
``(2) Considerations.--
``(A) In general.--Before issuing an emergency order under
paragraph (1), the Secretary shall consider, as appropriate,
the following factors:
``(i) The impact of the emergency order on public health
and safety.
``(ii) The impact, if any, of the emergency order on the
national or regional economy or national security.
``(iii) The impact of the emergency order on the ability of
owners and operators of pipeline facilities to maintain
reliability and continuity of service to customers.
``(B) Consultation.--In considering the factors under
subparagraph (A), the Secretary shall consult, as the
Secretary determines appropriate, with appropriate Federal
agencies, State agencies, and other entities knowledgeable in
pipeline safety or operations.
``(3) Written order.--An emergency order issued by the
Secretary pursuant to paragraph (1) with respect to an
imminent hazard shall contain a written description of--
``(A) the violation, condition, or practice that
constitutes or is causing the imminent hazard;
``(B) the entities subject to the order;
``(C) the restrictions, prohibitions, or safety measures
imposed;
``(D) the standards and procedures for obtaining relief
from the order;
``(E) how the order is tailored to abate the imminent
hazard and the reasons the authorities under section 60112
and 60117(l) are insufficient to do so; and
``(F) how the considerations were taken into account
pursuant to paragraph (2).
``(4) Opportunity for review.--Upon receipt of a petition
for review from an entity subject to, and aggrieved by, an
emergency order issued under this subsection, the Secretary
shall provide an opportunity for a review of the order under
section 554 of title 5 to determine whether the order should
remain in effect, be modified, or be terminated.
``(5) Expiration of effectiveness order.--If a petition for
review of an emergency order is filed under paragraph (4) and
an agency decision with respect to the petition is not issued
on or before the last day of the 30-day period beginning on
the date on which the petition is filed, the order shall
cease to be effective on such day, unless the Secretary
determines in writing on or before the last day of such
period that the imminent hazard still exists.
``(6) Judicial review of orders.--
``(A) In general.--After completion of the review process
described in paragraph (4), or the issuance of a written
determination by the Secretary pursuant to paragraph (5), an
entity subject to, and aggrieved by, an emergency order
issued under this subsection may seek judicial review of the
order in a district court of the United States and shall be
given expedited consideration.
``(B) Limitation.--The filing of a petition for review
under subparagraph (A) shall not stay or modify the force and
effect of the agency's final decision under paragraph (4), or
the written determination under paragraph (5), unless stayed
or modified by the Secretary.
``(7) Regulations.--
``(A) Temporary regulations.--Not later than 60 days after
the date of enactment of the PIPES Act of 2016, the Secretary
shall issue such temporary regulations as are necessary to
carry out this subsection. The temporary regulations shall
expire on the date of issuance of the final regulations
required under subparagraph (B).
``(B) Final regulations.--Not later than 270 days after
such date of enactment, the Secretary shall issue such
regulations as are necessary to carry out this subsection.
Such regulations shall ensure that the review process
described in paragraph (4) contains the same procedures as
subsections (d) and (g) of section 109.19 of title 49, Code
of Federal Regulations, and is otherwise consistent with the
review process developed under such section, to the greatest
extent practicable and not inconsistent with this section.
``(8) Imminent hazard defined.--In this subsection, the
term `imminent hazard' means the existence of a condition
relating to a gas or hazardous liquid pipeline facility that
presents a substantial likelihood that death, serious
illness, severe personal injury, or a substantial
endangerment to health, property, or the environment may
occur before the reasonably foreseeable completion date of a
formal proceeding begun to lessen the risk of such death,
illness, injury, or endangerment.
``(9) Limitation and savings clause.--An emergency order
issued under this subsection may not be construed to--
``(A) alter, amend, or limit the Secretary's obligations
under, or the applicability of, section 553 of title 5; or
``(B) provide the authority to amend the Code of Federal
Regulations.''.

SEC. 17. STATE GRANT FUNDS.

Section 60107 of title 49, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Payments.--After notifying and consulting with a
State authority, the Secretary may withhold any part of a
payment when the Secretary decides that the authority is not
carrying out satisfactorily a safety program or not acting
satisfactorily as an agent. The Secretary may pay an
authority under this section only when the authority ensures
the Secretary that it will provide the remaining costs of a
safety program, except when the Secretary waives this
requirement.''; and
(2) by adding at the end the following:
``(e) Repurposing of Funds.--If a State program's
certification is rejected under section 60105(f) or such
program is otherwise

[[Page H3542]]

suspended or interrupted, the Secretary may use any
undistributed, deobligated, or recovered funds authorized
under this section to carry out pipeline safety activities
for that State within the period of availability for such
funds.''.

SEC. 18. RESPONSE PLANS.

Each owner or operator of a hazardous liquid pipeline
facility required to prepare a response plan pursuant to part
194 of title 49, Code of Federal Regulations, shall--
(1) consider the impact of a discharge into or on navigable
waters or adjoining shorelines, including those that may be
covered in whole or in part by ice; and
(2) include procedures and resources for responding to such
discharge in the plan.

SEC. 19. UNUSUALLY SENSITIVE AREAS.

(a) Areas To Be Included as Unusually Sensitive.--Section
60109(b)(2) of title 49, United States Code, is amended by
striking ``have been identified as'' and inserting ``are part
of the Great Lakes or have been identified as coastal
beaches, marine coastal waters,''.
(b) Unusually Sensitive Areas (USA) Ecological Resources.--
The Secretary of Transportation shall revise section 195.6(b)
of title 49, Code of Federal Regulations, to explicitly state
that the Great Lakes, coastal beaches, and marine coastal
waters are USA ecological resources for purposes of
determining whether a pipeline is in a high consequence area
(as defined in section 195.450 of such title).

SEC. 20. PIPELINE SAFETY TECHNICAL ASSISTANCE GRANTS.

(a) Public Participation Limitation.--Section 60130(a)(4)
of title 49, United States Code, is amended by inserting ``on
technical pipeline safety issues'' after ``public
participation''.
(b) Audit.--Not later than 180 days after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of
the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a report evaluating
the grant program under section 60130 of title 49, United
States Code. The report shall include--
(1) a list of the recipients of all grant funds during
fiscal years 2010 through 2015;
(2) a description of how each grant was used;
(3) an analysis of the compliance with the terms of grant
agreements, including subsections (a) and (b) of such
section;
(4) an evaluation of the competitive process used to award
the grant funds; and
(5) an evaluation of--
(A) the ability of the Pipeline and Hazardous Materials
Safety Administration to oversee grant funds and usage; and
(B) the procedures used for such oversight.

SEC. 21. STUDY OF MATERIALS AND CORROSION PREVENTION IN
PIPELINE TRANSPORTATION.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a study on
materials, training, and corrosion prevention technologies
for gas and hazardous liquid pipeline facilities.
(b) Requirements.--The study required under subsection (a)
shall include--
(1) an analysis of--
(A) the range of piping materials, including plastic
materials, used to transport hazardous liquids and natural
gas in the United States and in other developed countries
around the world;
(B) the types of technologies used for corrosion
prevention, including coatings and cathodic protection;
(C) common causes of corrosion, including interior and
exterior moisture buildup and impacts of moisture buildup
under insulation; and
(D) the training provided to personnel responsible for
identifying and preventing corrosion in pipelines, and for
repairing such pipelines;
(2) the extent to which best practices or guidance relating
to pipeline facility design, installation, operation, and
maintenance, including training, are available to recognize
or prevent corrosion;
(3) an analysis of the estimated costs and anticipated
benefits, including safety benefits, associated with the use
of such materials and technologies; and
(4) stakeholder and expert perspectives on the
effectiveness of corrosion control techniques to reduce the
incidence of corrosion-related pipeline failures.

SEC. 22. RESEARCH AND DEVELOPMENT.

(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Committee on
Transportation and Infrastructure, the Committee on Energy
and Commerce, and the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a
report regarding the Pipeline and Hazardous Materials Safety
Administration's research and development program carried out
under section 12 of the Pipeline Safety Improvement Act of
2002 (49 U.S.C. 60101 note). The report shall include an
evaluation of--
(1) compliance with the consultation requirement under
subsection (d)(2) of such section;
(2) the extent to which the Pipeline and Hazardous
Materials Safety Administration enters into joint research
ventures with Federal and non-Federal entities, and benefits
thereof;
(3) the policies and procedures the Pipeline and Hazardous
Materials Safety Administration has put in place to ensure
there are no conflicts of interest with administering grants
pursuant to the program, and whether those policies and
procedures are being followed; and
(4) an evaluation of the outcomes of research conducted
with Federal and non-Federal entities and the degree to which
such outcomes have been adopted or utilized.
(b) Collaborative Safety Research Report.--
(1) Biennial reports.--Section 60124(a)(6) of title 49,
United States Code, is amended--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) a summary of each research and development project
carried out with Federal and non-Federal entities pursuant to
section 12 of the Pipeline Safety Improvement Act of 2002 and
a review of how the project affects safety.''.
(2) Pipeline safety improvement act.--Section 12 of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note) is amended--
(A) by striking subsection (d)(3)(C) and inserting the
following:
``(C) Funding from non-federal sources.--The Secretary
shall ensure that--
``(i) at least 30 percent of the costs of technology
research and development activities may be carried out using
non-Federal sources;
``(ii) at least 20 percent of the costs of basic research
and development with universities may be carried out using
non-Federal sources; and
``(iii) up to 100 percent of the costs of research and
development for purely governmental purposes may be carried
out using Federal funds.''; and
(B) by adding at the end the following:
``(h) Independent Experts.--Not later than 180 days after
the date of enactment of the PIPES Act of 2016, the Secretary
shall--
``(1) implement processes and procedures to ensure that
activities listed under subsection (c), to the greatest
extent practicable, produce results that are peer-reviewed by
independent experts and not by persons or entities that have
a financial interest in the pipeline, petroleum, or natural
gas industries, or that would be directly impacted by the
results of the projects; and
``(2) submit to the Committee on Transportation and
Infrastructure, the Committee on Energy and Commerce, and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the
processes and procedures implemented under paragraph (1).
``(i) Conflict of Interest.--The Secretary shall take all
practical steps to ensure that each recipient of an agreement
under this section discloses in writing to the Secretary any
conflict of interest on a research and development project
carried out under this section, and includes any such
disclosure as part of the final deliverable pursuant to such
agreement. The Secretary may not make an award under this
section directly to a pipeline owner or operator that is
regulated by the Pipeline and Hazardous Materials Safety
Administration or a State-certified regulatory authority if
there is a conflict of interest relating to such owner or
operator.''.

SEC. 23. ACTIVE AND ABANDONED PIPELINES.

Not later than 90 days after the date of enactment of this
Act, the Secretary of Transportation shall issue an advisory
bulletin to owners and operators of gas or hazardous liquid
pipeline facilities and Federal and State pipeline safety
personnel regarding procedures of the Pipeline and Hazardous
Materials Safety Administration required to change the status
of a pipeline facility from active to abandoned, including
specific guidance on the terms recognized by the Secretary
for each pipeline status referred to in such advisory
bulletin.

SEC. 24. STATE PIPELINE SAFETY AGREEMENTS.

(a) Study.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall complete a study on State pipeline safety
agreements made pursuant to section 60106 of title 49, United
States Code. Such study shall consider the following:
(1) The integration of Federal and State or local
authorities in carrying out activities pursuant to an
agreement under such section.
(2) The estimated staff and other resources used by Federal
and State authorities in carrying out inspection activities
pursuant to agreements under such section.
(3) The estimated staff and other resources used by the
Pipeline and Hazardous Materials Safety Administration in
carrying out interstate inspections in areas where there is
no interstate agreement with a State pursuant to such
section.
(b) Notice Requirement for Denial.--Section 60106(b) of
title 49, United States Code,

[[Page H3543]]

is amended by adding at the end the following:
``(4) Notice upon denial.--If a State authority requests an
interstate agreement under this section and the Secretary
denies such request, the Secretary shall provide written
notification to the State authority of the denial that
includes an explanation of the reasons for such denial.''.

SEC. 25. REQUIREMENTS FOR CERTAIN HAZARDOUS LIQUID PIPELINE
FACILITIES.

Section 60109 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Hazardous Liquid Pipeline Facilities.--
``(1) Integrity assessments.--Notwithstanding any pipeline
integrity management program or integrity assessment schedule
otherwise required by the Secretary, each operator of a
pipeline facility to which this subsection applies shall
ensure that pipeline integrity assessments--
``(A) using internal inspection technology appropriate for
the integrity threat are completed not less often than once
every 12 months; and
``(B) using pipeline route surveys, depth of cover surveys,
pressure tests, external corrosion direct assessment, or
other technology that the operator demonstrates can further
the understanding of the condition of the pipeline facility
are completed on a schedule based on the risk that the
pipeline facility poses to the high consequence area in which
the pipeline facility is located.
``(2) Application.--This subsection shall apply to any
underwater hazardous liquid pipeline facility located in a
high consequence area--
``(A) that is not an offshore pipeline facility; and
``(B) any portion of which is located at depths greater
than 150 feet under the surface of the water.
``(3) High consequence area defined.--For purposes of this
subsection, the term `high consequence area' has the meaning
given that term in section 195.450 of title 49, Code of
Federal Regulations.
``(4) Inspection and enforcement.--The Secretary shall
conduct inspections under section 60117(c) to determine
whether each operator of a pipeline facility to which this
subsection applies is complying with this section.''.

SEC. 26. STUDY ON PROPANE GAS PIPELINE FACILITIES.

(a) In General.--The Secretary of Transportation shall
enter into an agreement with the Transportation Research
Board of the National Academies to conduct a study examining
the safety, regulatory requirements, techniques, and best
practices applicable to pipeline facilities that transport or
store only petroleum gas or mixtures of petroleum gas and air
to 100 or fewer customers, in accordance with the
requirements of this section.
(b) Requirements.--In conducting the study pursuant to
subsection (a), the Transportation Research Board shall
analyze--
(1) Federal, State, and local regulatory requirements
applicable to pipeline facilities described in subsection
(a);
(2) techniques and best practices relating to the design,
installation, operation, and maintenance of such pipeline
facilities; and
(3) the costs and benefits, including safety benefits,
associated with such applicable regulatory requirements and
the use of such techniques and best practices.
(c) Participation.--In conducting the study pursuant to
subsection (a), the Transportation Research Board shall
consult with Federal, State, and local governments, private
sector entities, and consumer and pipeline safety advocates,
as appropriate.
(d) Deadline.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the results of the study
conducted pursuant to subsection (a) and any recommendations
for improving the safety of such pipeline facilities.
(e) Definition.--In this section, the term ``petroleum
gas'' has the meaning given that term in section 192.3 of
title 49, Code of Federal Regulations, as in effect on the
date of enactment of this Act.

SEC. 27. STANDARDS FOR CERTAIN LIQUEFIED NATURAL GAS PIPELINE
FACILITIES.

(a) National Security.--Section 60103(a) of title 49,
United States Code, is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) national security.''.
(b) Update to Minimum Safety Standards.--The Secretary of
Transportation shall review and update the minimum safety
standards prescribed pursuant to section 60103 of title 49,
United States Code, for permanent, small scale liquefied
natural gas pipeline facilities.
(c) Savings Clause.--Nothing in this section shall be
construed to limit the Secretary's authority under chapter
601 of title 49, United States Code, to regulate liquefied
natural gas pipeline facilities.

SEC. 28. PIPELINE ODORIZATION STUDY.

Not later than 2 years 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 and the Committee on Energy
and Commerce of the House of Representatives that assesses--
(1) the feasibility, costs, and benefits of odorizing all
combustible gas in pipeline transportation; and
(2) the affects of the odorization of all combustible gas
in pipeline transportation on--
(A) manufacturers, agriculture, and other end users; and
(B) public health and safety.

SEC. 29. 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 and safety of
natural gas distribution systems, the Administrator shall,
not later than 1 year after making such determination, issue
regulations, as the Administrator determines appropriate, to
implement the recommendations.

SEC. 30. REVIEW OF STATE POLICIES RELATING TO NATURAL GAS
LEAKS.

(a) Review.--The Administrator of the Pipeline and
Hazardous Materials Safety Administration 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) 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 Administrator shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the findings
of the review conducted under subsection (a) and
recommendations on Federal or State policies or best
practices to improve safety by accelerating the repair and
replacement of natural gas pipelines or systems that are
leaking or releasing natural gas. The report shall consider
the potential impact, including potential savings, of the
implementation of such recommendations on ratepayers or end
users of the natural gas pipeline system.
(c) Implementation of Recommendations.--If the
Administrator determines that the recommendations made under
subsection (b) would significantly improve pipeline safety,
the Administrator shall, not later than 1 year 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. 31. ALISO CANYON NATURAL GAS LEAK TASK FORCE.

(a) Establishment of Task Force.--Not later than 15 days
after the date of enactment of this Act, the Secretary of
Energy shall lead and establish an Aliso Canyon natural gas
leak task force.
(b) Membership of Task Force.--In addition to the
Secretary, the task force established under subsection (a)
shall be composed of--
(1) 1 representative from the Department of Transportation;
(2) 1 representative from the Department of Health and
Human Services;
(3) 1 representative from the Environmental Protection
Agency;
(4) 1 representative from the Department of the Interior;
(5) 1 representative from the Department of Commerce;
(6) 1 representative from the Federal Energy Regulatory
Commission; and
(7) representatives of State and local governments, as
determined appropriate by the Secretary and the
Administrator.

[[Page H3544]]

(c) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the task force established under
subsection (a) shall submit a final report that contains the
information described in paragraph (2) to--
(A) the Committee on Energy and Natural Resources of the
Senate;
(B) the Committee on Natural Resources of the House of
Representatives;
(C) the Committee on Environment and Public Works of the
Senate;
(D) the Committee on Transportation and Infrastructure of
the House of Representatives;
(E) the Committee on Commerce, Science, and Transportation
of the Senate;
(F) the Committee on Energy and Commerce of the House of
Representatives;
(G) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(H) the Committee on Education and the Workforce of the
House of Representatives;
(I) the President; and
(J) relevant Federal and State agencies.
(2) Information included.--The report submitted under
paragraph (1) shall include--
(A) an analysis and conclusion of the cause and
contributing factors of the Aliso Canyon natural gas leak;
(B) an analysis of measures taken to stop the natural gas
leak, with an immediate focus on other, more effective
measures that could be taken;
(C) an assessment of the impact of the natural gas leak
on--
(i) health, safety, and the environment;
(ii) wholesale and retail electricity prices; and
(iii) the reliability of the bulk-power system;
(D) an analysis of how Federal, State, and local agencies
responded to the natural gas leak;
(E) in order to lessen the negative impacts of leaks from
underground natural gas storage facilities, recommendations
on how to improve--
(i) the response to a future leak; and
(ii) coordination between all appropriate Federal, State,
and local agencies in the response to the Aliso Canyon
natural gas leak and future natural gas leaks;
(F) an analysis of the potential for a similar natural gas
leak to occur at other underground natural gas storage
facilities in the United States;
(G) recommendations on how to prevent any future natural
gas leaks;
(H) recommendations regarding Aliso Canyon and other
underground natural gas storage facilities located in close
proximity to residential populations;
(I) any recommendations on information that is not
currently collected but that would be in the public interest
to collect and distribute to agencies and institutions for
the continued study and monitoring of natural gas storage
infrastructure in the United States; and
(J) any other recommendations, as appropriate.
(3) Publication.--The final report under paragraph (1)
shall be made available to the public in an electronically
accessible format.
(4) Findings.--If, before the final report is submitted
under paragraph (1), the task force established under
subsection (a) finds methods to solve the natural gas leak at
Aliso Canyon, finds methods to better protect the affected
communities, or finds methods to help prevent other leaks,
the task force shall immediately submit such findings to the
entities described in subparagraphs (A) through (J) of
paragraph (1).

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Denham) and the gentleman from Massachusetts (Mr.
Capuano) each will control 20 minutes.
The Chair recognizes the gentleman from California.

General Leave

Mr. DENHAM. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to include extraneous material on S. 2276, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. DENHAM. Mr. Speaker, I yield myself such time as I may consume.
I thank the Chair for the time to express my support for the
Protecting our Infrastructure of Pipelines and Enhancing Safety Act of
2016. This is the PIPES Act of 2016.
The United States has the largest network of energy pipelines in the
world--over 2.6 million miles of pipe. Pipelines are a critical part of
our energy infrastructure, with over 64 percent of our energy being
transported by our pipes within this country. The sustained oversight
of the Department of Transportation's pipeline safety programs is
critical for pipelines to continue to safely transport our energy
products.
This bill was developed in a bipartisan manner over the past several
years. My subcommittee held a number of hearings and roundtables to
hear from stakeholders on the need for reauthorization. On April 20,
the Transportation and Infrastructure Committee unanimously approved
our bill. Similarly, the Energy and Commerce Committee, with which we
share jurisdiction, passed its version on April 27. Since then, both
House committees have worked on a bipartisan basis to meld this version
with the Senate's version, which passed last December. This
collaborative, constructive process has resulted in the bill we are
considering today, which we believe is a solid safety improvement.
First, we require PHMSA to set minimum Federal standards for
underground natural gas storage facilities--a critical issue for my
home State of California after the Aliso Canyon leak.
We make sure PHMSA is focused on finishing outstanding issues from
the last reauthorization by requiring PHMSA to update Congress every 90
days on its progress.
The bill also authorizes emergency order authority for the pipeline
sector but with important preorder requirements to make sure, if the
DOT uses such authority, it does it right.
This legislation promotes the better use of data and technology to
improve safety, including studying the latest innovations in pipeline
materials and corrosion prevention.
Ultimately, our goal is to make sure that we have the safest pipeline
network in the world.
We have worked in a bipartisan, bicameral manner to develop this
bill. I believe that this bill will improve the safety of our pipeline
infrastructure.
I thank Messrs. Capuano, Shuster, and DeFazio for their work on this
bill. I also thank Energy and Commerce Committee Chairman Upton, who
has worked tirelessly on this with Ranking Member Pallone. Lastly, I
thank the Senate Committee on Commerce, Science, & Transportation for
its hard work. Together, we have made a great bill that will create a
safer infrastructure for our pipelines.
I reserve the balance of my time.
Mr. CAPUANO. Mr. Speaker, I yield myself such time as I may consume.
As you have just heard, this is a great piece of legislation. This is
exactly the way that Congress is supposed to work. We had our
differences, but we worked them out because everybody gave a little bit
to get to the middle--to get something good for America. This is the
kind of bill that, on an average day, will not get any of us elected or
unelected, but it is something that is good for the safety of America
on pipelines and hazardous materials.
I would like to point out just a few items that, I think, are
particularly important:
For the first time, we have added an emergency order authority so
that our regulators, when there is a problem, can quickly address it as
opposed to having to wait around and let it burn out on its own;
We added some provisions in there to boost funding to the States and
the localities so that they can train their own people on how to deal
with these things, because they are, after all, the first responders;
We added some information relative to oil spill response plans. For
me, I thought it was very important that we added a section that makes
sure that there are no conflicts of interest on the studies done by
PHMSA, on which we rely.
There are many other provisions in this bill that are deserving of
our support--as always, like with any bill. Any one of us can point out
things that we don't like or that we wanted more on, but that is what
compromise is all about. I am proud to be here again with another bill
that comes out of the Committee on Transportation and Infrastructure
and for the traditional way that we have worked for many, many years in
a bipartisan way.
I thank Messrs. Denham, Shuster, and DeFazio, all of the members of
the Transportation and Infrastructure Committee and the members of the
Energy and Commerce Committee.
This particular bill is more difficult than usual because there were
two committees involved. It makes four different sides and eight
different sides on the House, plus the Senate; yet we did it in a
reasonable fashion and in a relatively quick way. It proves the system
can work when you have people at the table who want it to work.

[[Page H3545]]

I thank everybody who has been involved with this, and I look forward
to the passage of the bill.
I reserve the balance of my time.
Mr. DENHAM. Mr. Speaker, I yield 2 minutes to the gentleman from
Oregon (Mr. Walden).

Mr. WALDEN. Mr. Speaker, I appreciate the opportunity to support this
legislation today and to commend the committees for their work on
pipeline safety and pipeline safety improvement. I also have to take
this opportunity, because the committee has done very good work on the
FAST Act, to talk about rail safety.
This rail accident occurred over the weekend just 7 miles from my
home in the national scenic area of the Columbia River Gorge. I was
there not long after it happened. I met with the incident commanders. I
met with the fire chief. I met with city officials and county
officials. Let me just say that, while you are protecting pipelines--
and that is really important--we need to continue to make progress on
rail safety and to make sure that the new cars that were ordered by
this Congress get put into service, especially in these critical
waterway areas, as soon as possible. We need to make sure that track
improvements are required--that new fasteners are used to deal with
issues where, in this case, perhaps, it is a track separation issue. We
need to make sure that our first responders get all of the training and
that the Department of Transportation finishes its work on its rule for
spill response and for safety.
This is a critically important issue for the people I represent on
both the Oregon and Washington sides of the Columbia River because
these trains are going through, and we are having these kinds of
situations. We need to make sure we have the most up-to-date safety,
the most up-to-date training, and the safest cars and tracks possible.
We are going to stay on this until that happens.
Mr. CAPUANO. Mr. Speaker, I yield 2 minutes to the gentleman from New
Jersey (Mr. Pallone), the ranking member of the Energy and Commerce
Committee.
Mr. PALLONE. I thank my friend from Massachusetts.
Mr. Speaker, I want to echo what Mr. Capuano said about the
bipartisan nature of this bill and in our working together between the
two committees to achieve success.
The vast network of energy pipelines in this country is essentially
out of sight, out of mind for most Americans, but when something goes
wrong, these facilities can make themselves known in devastating and
sometimes deadly ways.
This is something that both Representative Capps and Representative
Sherman, unfortunately, have experienced since the start of this
Congress. My own district experienced the devastation of a pipeline
failure in 1994 when a pipeline exploded in Edison, New Jersey, and
destroyed about 300 homes. Ever since then, I have sought to make our
Nation's pipelines safer by making the law and its regulator stronger.
The legislation before us, while not the bill that maybe we would
have written, as Mr. Capuano said, is a good proposal that moves the
ball forward on safety. It is the result of a number of weeks of
bipartisan, bicameral negotiations. While some compromises were made,
this is a product that in many ways is greater than the sum of its
parts. I am particularly pleased that it includes versions of important
provisions that were authored by a number of Energy and Power
Subcommittee members, including Mrs. Capps, Messrs. Green, Engel,
McNerney, and Welch, and Ranking Member Bobby Rush.
In particular, the House amendment gives the Secretary of
Transportation, for the first time ever, emergency order authority to
address the threats to public health, safety, and the environment that
are posed by dangerous pipelines on a comprehensive, industrywide
basis. It also changes the existing pipeline safety information grant
program, which helps ensure adequate funding of pipeline safety
technical assistance grants to communities and nonprofit organizations.
I am pleased that the legislation improves the protection of coastal
beaches and marine coastal waters--areas that are vital to my district
and to the districts of many others--by explicitly designating them as
areas that are unusually sensitive to the environmental damage that is
caused by pipeline failures. It also contains a provision that
establishes a program for regulating underground natural gas storage
facilities.
I urge the passage of the bill.
Mr. DENHAM. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Upton), the full committee chair of the Energy and
Commerce Committee.
Mr. UPTON. Mr. Speaker, pipeline safety is especially personal for
me. Back in 2010, we experienced a bad spill just outside of my
district in southwest Michigan that impacted the Kalamazoo River. Ask
anyone who was directly affected. Seeing the aftermath firsthand smacks
the senses and leaves a lasting impression. While a spill can happen in
an instant, the damage can take decades and, in fact, more than $1
billion to fix. Underscoring the need for strong safety laws is what
this bill does.
Congress asked the Department of Transportation's Pipeline and
Hazardous Materials Safety Administration--that is PHMSA for short--to
develop and enforce pipeline safety regulations. PHMSA doesn't do the
job by itself. It relies heavily on partnerships with States and local
governments to inspect the pipelines and, yes, to enforce the law; but
the reality is that more can be done to prevent accidents from
occurring and to mitigate spills when the unthinkable happens.

{time} 1730

The amendment to the Senate bill before us today, this bill,
incorporates texts from two House bills, which were both approved
unanimously in committee: H.R. 5050, the Pipeline Safety Act, which
passed the Committee on Energy and Commerce; and H.R. 4937, the PIPES
Act of 2016, which passed the Transportation and Infrastructure
Committee.
This important legislation will reauthorize PHMSA's pipeline safety
through 2019, press PHMSA to complete overdue safety regs, and impose
additional new safety requirements for pipeline operators.
I have often said that pipelines should be subject to greater
scrutiny and more frequent inspections, and those that cross the
Straits of Mackinac are a perfect example. The Straits of Mackinac is a
narrow waterway that separates Michigan's two peninsulas. It connects
Lake Michigan and Lake Huron. The exceptionally strong and complex
currents hundreds of feet deep make this area tremendously sensitive.
If a spill were to occur, the consequences would be unthinkable.
Our solution improves protections for the Great Lakes and other areas
around the country where the threat of a spill poses the greatest risk
to public safety and the environment. It also requires pipeline
operators to consider a worst-case discharge into icy waters and
conduct more frequent and transparent and, in some cases, annual
inspections of deep underwater crossings. This bill does that.
We also update and improve PHMSA's pipeline safety program in a
number of other ways by closing the gaps in Federal standards for
underground natural gas storage and liquefied natural gas facilities.
It promotes better use of data and technology and improves
communication with pipeline operators to incorporate the lessons
learned from past incidents.
We promised action, and today that is what this bill does. I am proud
of the bipartisan agreement that will make a real difference. I am
proud of the relationship that our committee has with Chairman Shuster
and the House Transportation and Infrastructure Committee and all the
good work that everyone has done--Mr. Pallone, Mr. Rush, and our
colleagues in the Senate. This is a bipartisan bill. Let's get 'er
done.
Mr. CAPUANO. Mr. Speaker, I yield 3 minutes to the gentleman from
Oregon (Mr. DeFazio), the ranking member of the Transportation and
Infrastructure Committee.
Mr. DeFAZIO. Mr. Speaker, I rise in support of the Protecting our
Infrastructure of Pipelines and Enhancing Safety Act, the PIPES bill.
I thank the chairmen of the subcommittee, the full committee, and
also the members of the Energy and Commerce Committee, Representative
Mike Capuano, and members of the Energy and Commerce Committee on our

[[Page H3546]]

side. This is a good bipartisan product, something that is pretty rare
around here these days.
It reauthorizes the Department of Transportation's pipeline safety
program for 4 years and includes a number of important measures that
will better protect our communities, ensuring that pipelines are a safe
means to transport natural gas, hazardous liquids, and crude oil.
Most importantly, this bill gives the Secretary of Transportation new
emergency order authority to impose certain emergency restrictions and
safety measures on pipeline operators to address an imminent hazard
resulting from an incident or an unsafe practice, which is authority
that doesn't currently exist.
Here is a good example. Fairly recently, we had a defective pipeline
from China. We shouldn't be buying pipeline from China. But anyway, we
had some defective, junky Chinese product pipeline, and there was an
incident. But the administrator of the Pipeline and Hazardous Safety
Materials Agency does not have the authority to order a nationwide
inspection or removal of an imminent hazard, i.e., defective Chinese
pipeline. All they could do was voluntary guidance.
Now, we will have emergency order authority. Some were concerned that
they would use this as a way to end-run the regulatory process on other
matters that are not an imminent hazard to health and safety, and there
are provisions in the bill that would prevent that.
We are also pushing them to complete the mandates of the last bill,
2011, a bipartisan bill, where they have 16 mandates that Congress
required that we felt were needed and prudent. And they are not through
the regulatory process as yet. So we are moving them forward on that,
and hopefully, the trolls down at the Office of Management and Budget
who hold these things up--hello, do you live near a pipeline--that they
will get the message and they will get these vital provisions that have
been too long delayed.
It gives Federal, State, and emergency local responders MSDS sheets,
safety sheets, so we know what the oil is. We have had past spills
where we couldn't figure out what they were dealing with for days, and
that is not acceptable.
It gives the agency the authority to have standards for underground
natural gas storage facilities, but it allows States like Oregon, which
has seven of these, to go above those standards so that the States can
better protect their citizens.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CAPUANO. Mr. Speaker, I yield the gentleman from Oregon an
additional 1 minute.
Mr. DeFAZIO. Mr. Speaker, it would put a small fee on operators of
underground storage tanks that would help to support the safety
programs.
I would say with respect to funding, the bill is funded at current
baseline levels. We should have provided them additional funds to carry
out their numerous pipeline safety missions, but unfortunately, we
couldn't reach bipartisan agreement on providing additional resources.
This bill does, however, increase grants to States to help them carry
out their intrastate pipeline safety programs. It reauthorizes funding
for pipeline safety information grants to communities, which are
important to my constituents.
There are pipelines in places that no one is aware. There is one that
runs down the middle of the Willamette Valley, all the way down, that
supplies the Eugene Airport and a storage facility down in Eugene. A
number of years ago, there was a news story, like: what pipeline? There
are new developments going in. The signs are buried under blackberry
bushes, and people aren't aware of these things. So we have to make
certain those pipelines are safe.

The new provisions for coastal areas are absolutely critical to make
sure those are maintained at the highest standard and built to the
highest standard in other critical resource areas.
All in all, I congratulate my colleagues and recommend this bill.
Mr. DENHAM. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Shuster), the chairman of the Committee on
Transportation and Infrastructure.
Mr. SHUSTER. Mr. Speaker, I rise today in support of the PIPES Act. I
want to commend Chairman Denham, Ranking Member Capuano, and Ranking
Member DeFazio for all the work they have put into this bill. I also
want to thank Chairman Fred Upton from the Energy and Commerce
Committee for the great relationship we have been able to develop. In
these bills, we share jurisdiction, so we have been able to work and
incorporate provisions from both the committees.
I also want to thank my colleagues on the Senate Commerce, Science,
and Transportation Committee who have worked with us over the past
month to produce the legislation we are considering today.
Pipelines are vital for getting energy products to markets and users.
It is one of the safest modes of transportation, if not the safest. I
believe this bill will build on the safety advances that we have been
making.
Congress last authorized the pipeline safety bill in 2011, and that
bipartisan act charged DOT with updating regulations and procedures
across a host of issues. But DOT needs to finish out those provisions,
and this bill includes strong transparency and reporting requirements
to keep pressure to finish the 2011 work.
Another major provision in this act provides PHMSA with emergency
order authority for pipelines. Most other Department of Transportation
modal administrations have EO authority, which allows regulators to act
quickly when they identify an industrywide safety issue that poses an
imminent hazard to the public.
As we crafted this language, we took great care to balance a variety
of concerns. This bill maintains the Transportation Committee language
that requires PHMSA to consult with industry stakeholders and other
regulators prior to issuing an EO so that PHMSA understands the
potential impact on the economy, end users, and safety.
We also included extensive due process procedures on the back end so
that if the agency makes a wrong call, affected parties will have
redress, both administratively and judicially.
PHMSA is also required to issue regulations to carry out this
authority, including requiring administrative law judge procedures that
mirror similar requirements in the hazmat EO authority.
This is a good bill. It builds on the work that we did in 2011. It is
developed in a bipartisan, bicameral manner.
Again, I thank Mr. Capuano, Mr. Denham, Mr. DeFazio, Mr. Upton, Mr.
Pallone, and the Senate for their work and their leadership on this
bill.
Mr. CAPUANO. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Rush), the ranking member of the Subcommittee on Energy
and Power--which, of course, I love that name--from the Energy and
Commerce Committee.
Mr. RUSH. Mr. Speaker, I would like to acknowledge some of my
colleagues who worked together diligently with my office to draft this
bipartisan PIPES Act that will help to modernize and secure our
Nation's vast network of energy pipeline infrastructure.
Specifically, Mr. Speaker, I recognize my colleagues from the Energy
and Commerce Committee, including Chairman Upton and Ranking Member
Pallone, as well as Energy and Power Subcommittee Chairman Ed
Whitfield.
Additionally, Mr. Speaker, I would like to acknowledge my colleagues
from the Transportation and Infrastructure Committee, including
Chairman Shuster and Ranking Member DeFazio, as well as Railroads,
Pipelines, and Hazardous Materials Subcommittee Chairman Denham and
Ranking Member Capuano, the fine gentleman from Massachusetts.
Mr. Speaker, this bipartisan piece of legislation improves safety by
closing gaps in Federal standards and improving protection of coastal
areas, including the Great Lakes.
Additionally, this bill will enhance the quality and timeliness of
Pipeline and Hazardous Material Safety Administration rulemakings,
promote better use of data and technology to improve pipeline safety,
and leverage Federal and State pipeline safety resources to assist
State and local communities.
Mr. Speaker, this is a fine piece of bipartisan legislation, and I am
honored

[[Page H3547]]

and privileged to stand before the House and ask all of my colleagues
to support this outstanding bipartisan piece of legislation.
Mr. DENHAM. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Michigan (Mrs. Miller).
Mrs. MILLER of Michigan. I thank the chairman for yielding.
Mr. Speaker, I certainly rise in strong support of this legislation,
which really includes some critical protections for one of our Nation's
most precious assets. And that, of course, is the Great Lakes, which
has 20 percent of our Nation's freshwater drinking supply, as well as
it provides hundreds of jobs and billions of dollars of economic
activity.
Today, there are millions of gallons per day of hazardous liquids
which are transported through a number of lines in the Great Lakes. Mr.
Speaker, we absolutely need energy in all transparency. We need the
energy, but we need to make sure that we are transiting in a very safe
and environmentally secure way because there is zero room for error in
the Great Lakes.
There is a 62-year-old pipeline that is called line 5 that runs under
the Straits of Mackinac, which is right in between Lake Huron and Lake
Michigan. Any rupture there would be very, very difficult, if not
impossible, to contain. This bill has a number of provisions in regards
to line 5, for instance, that would conduct internal integrity
assessments at least once a year.
This bill also designates the Great Lakes as a USA ecological
resource, which is very important.
As well, it also makes sure that we have emergency spill response
plans if, in the case of ice coverage, which really considers the
unique environment of the Great Lakes.
In regards to Enbridge, there is also a line 6B which runs under the
Saint Clair River, which is in my district. A number of years ago--and
Chairman Upton was talking about this particular line that had a spill
just outside of his district--but this part of 6B runs under something
called the Saint Clair River, again, a very environmentally sensitive
artery for the Great Lakes.
We talked to Enbridge. And long story short, they came to the right
conclusion there. They actually completely replaced almost 3,600 feet
of this pipeline under the Saint Clair River. So they did the right
thing there. They had been reluctant to address that.
Again, we need the energy, Mr. Speaker, but we need to make sure that
we are transiting energy in a very safe way and in an environmentally
sensitive way. I think this bill today goes a long way to address many
of the concerns that we have had in the Great Lakes.
I thank Chairman Denham again for yielding the time and for taking
these issues into consideration.
Mr. CAPUANO. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Gene Green), my friend who serves on the Energy and Commerce
Committee.
Mr. GENE GREEN of Texas. Mr. Speaker, I thank my colleagues from the
Transportation and Infrastructure Committee for letting us Energy and
Commerce folks have some time.
According to the Congressional Research Service, the United States
has more than 2.9 million miles of pipelines in our vast network.
According to the Texas Pipeline Association, Texas has more than
320,000 miles of intrastate pipelines.

{time} 1745

As a lifelong Houstonian, there has never been a time in my life when
I haven't lived along a pipeline easement. Needless to say, in Texas,
we know pipelines, but we also know about the importance of safety.
Every day, industry moves millions of gallons or cubic feet of
domestically produced and refined product without any problems. Since
2005, the United States has seen a general decline in the number of
pipeline releases or accidents that result in environmental damage or
personal injury.
We understand that the compounds moved via pipeline pose a risk, and
we must effectively manage and mitigate that risk to protect our
citizens and the environment. Today I think we are taking another step
in the right direction.
The bill before the House today is a good bill that attempts to lay
down concrete rules of the road for the next 5 years. For the sake of
our constituencies, we need to pass this bipartisan bill in a
bipartisan way. I would like to voice my support for this bill and ask
my colleagues on both sides of the aisle to do the same.
Four years ago we gave PHMSA a job to do. While some of their work
has been completed, there is still work to do. That is why this bill
directs PHMSA to prioritize rulemaking and complete the work before
them. We should not continue to add requirements on their plate. We
should allow PHMSA the time and, most importantly, give them the
resources required to finish this important job. I would like to
express support for the PHMSA workforce management language.
We need inspectors in the field working closely with their industry
partners to avoid another emergency situation. In my opinion, robust
inspection is the best option available for everyone involved. If we
reach the enforcement stage, that means something has gone wrong and we
are too late. Industry, PHMSA, and the workers support this provision.
The second provision I would like to support is the emergency
authority for PHMSA. While this provision may not be perfect, it
represents a strong balance between enforcement and review. It is
important to keep in mind that this is emergency authority.
Unfortunately, when there is an incident involving a pipeline, we need
to act with speed, efficiency, and resolve.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CAPUANO. Mr. Speaker, I yield an additional 30 seconds to the
gentleman.
Mr. GENE GREEN of Texas. Mr. Speaker, I want our executive agencies
on the scene ensuring we are protecting the people and the environment.
We must ensure that people have confidence in the pipeline system, and
effective crisis management will help build that belief.
I appreciate the hard work that went into crafting this provision.
Compromise is not easy, so I want to thank both sides for drafting
these provisions. I know there is more work ahead, but I look forward
to supporting the current bill.
Mr. DENHAM. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Knight).
Mr. KNIGHT. Mr. Speaker, on October 23, a gas leak was discovered at
one of the 115 wells at the Aliso Canyon natural gas storage facility
located in my district near Porter Ranch, California. I want to thank
Congressman Brad Sherman, who lives in Porter Ranch and was a great
partner in this terrible tragedy, making sure that people were taken
care of and we could move past this and move quickly to getting this
taken care of.
This leak persisted for 118 days and was recognized as one of the
largest disasters of 2015. During this time, residents of the
surrounding neighborhoods suffered. Some temporarily relocated their
families. Two schools were permanently relocated, at least for that
semester, and many businesses were put on hold.
As the Representative for Porter Ranch, my immediate priority was to
protect my constituents who live there and then ensure that this
situation was resolved as quickly as possible. At the same time, I
wanted to make sure that a crisis like this can never happen in our
communities again. Today we take a giant step forward in doing just
that.
In February, I introduced the Natural Gas Leak Prevention Act, which
would require the Secretary of Transportation to issue adequate safety
standards for natural gas storage facilities like Aliso Canyon in
Porter Ranch and another very large facility, Honor Rancho in Valencia,
which is also in my district.
The SAFE PIPES Act contains the language from the Natural Gas Leak
Prevention Act as well as provisions to create an Aliso Canyon task
force that would investigate the causes of the leak and recommend
further actions to prevent such disasters in the future.
This is the type of swift and effective action that we need in order
to prevent our communities and our families from tragedies like the
Porter Ranch gas leak.
I want to thank many people who were involved in this situation. A
special thanks to Paula Cracium and the

[[Page H3548]]

entire neighborhood council for providing support to the community in
its time of need. I would also like to thank my colleague,
Representative Jeff Denham, for his efforts to move this measure
forward, including flying down to my district in March to tour the
facility with the people involved.
I would like to thank, as well, Senator Deb Fischer and Chairman Bill
Shuster for their immense support and the many staff members who worked
tirelessly on this legislation.

This terrible tragedy had real impacts on the lives of thousands of
people I represent. We cannot undo the damage that was done in Porter
Ranch, but we can and must make sure every effort to mitigate the
impacts on their day-to-day lives and assist in the recovery process.
It is time to move forward on comprehensive legislation to prevent
another incident from happening in our communities ever again. I would
like to say that this would never, ever happen again; but without
action, without us moving forward, without people working together and
Congress working together, this can happen. So this type of legislation
is needed, and the people who are affected appreciate this; and the
people who have worked on this, I appreciate very much.
Mr. CAPUANO. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Sherman).
Mr. SHERMAN. Mr. Speaker, as my colleague from California pointed
out, we in Porter Ranch experienced the largest natural gas leak in
history. Seven thousand families were evacuated for months, and yet, as
I speak, there are no Federal regulations for underground natural gas
storage facilities, and the State regulations are surprisingly minimal,
even in famously green California. Why? Because the natural gas
industry and regulators believed that natural gas was only a problem if
you were within a few hundred feet.
What we have experienced with this multibillion-cubic-foot leak is
7,000 families evacuated from an area in a 5-mile radius because the
volatile organic compounds and the mercaptan in that natural gas caused
enormous health problems. That is why I went to the President of the
United States and the Vice President at the caucus that we attended and
got a public commitment that we would get regulations probably this
year.
This legislation is important because it makes it clear that, while
PHMSA has the regulatory authority to act, if they don't act, they are
required to act within 2 years under this legislation.
I am pleased to say that the legislation includes a provision that I
think is very important and which I have championed from the beginning,
and that is to clarify that a State can adopt tougher standards than
whatever the Federal Government adopts.
The legislation also officially establishes the Department of
Energy's Aliso Canyon natural gas task force. That task force is
already up and running. We are working with it. It is the brainchild of
Senators Boxer and Feinstein, and I think formally establishing it in
this regulation makes sense.
We need to adopt tough natural gas storage safety regulations for
this entire country because Aliso Canyon, the storage facility next to
Porter Ranch, was only the fifth largest natural gas storage field.
There could be others. It could be in your district. That is why we
need tough standards, and if we don't get them from PHMSA this year, we
will have legislation requiring them within 2 years after the enactment
of this legislation.
I urge a ``yes'' vote.
Mr. DENHAM. Mr. Speaker, I reserve the balance of my time.
Mr. CAPUANO. Mr. Speaker, I yield myself the balance of my time.
I would just like to close out by simply repeating what I said
earlier. I am very happy, very proud to have worked on this bill. I am
very happy and very satisfied with the way we worked cooperatively. I
want to thank the staff on our side who worked on it, Jennifer Esposito
Homendy and Steve Carlson on my staff. I want to thank all the staff on
the Republican side.
I know that America has this view that we hate each other and we
never talk to each other and we do nothing but call each other names. I
have done that in private, of course, but the truth is this is exactly
the way it is supposed to work. Absent not getting a few things I
wanted, this was actually a pleasure to work on. I am very proud of the
work product. I am very proud of the work environment that we have. I
think this is a bill that the American people can be proud of. I think
it is a bill that the Congress can be proud of.
Again, I want to thank everyone who worked with us on this. I look
forward to the President's signature.
Again, I want to thank the staff. Let's be honest, we take all the
credit. We do the big speeches and all that kind of stuff, but without
the staff, we couldn't get this done. I want to thank everybody
involved with it for their professionalism, for their enthusiasm, for
their long nights and difficult time. I look forward to doing this
again in 4 years.
Mr. Speaker, I yield back the balance of my time.
Mr. DENHAM. Mr. Speaker, I yield myself the balance of my time.
I thank the gentleman from Massachusetts. Mr. Capuano has been a
great partner in this. This has been going on for many years now, many
months of roundtables, many months of hearings, and it has been a true
pleasure working together in a bipartisan way to address our
differences, but most importantly, to actually address the safety of
the American public.
This is a big bill: 2.6 million miles of pipeline, 64 percent of our
Nation's energy. We didn't take it lightly. We wanted to hear from the
public. We wanted to hear from stakeholders across the country, and we
wanted to hear from Members across the country representing their
districts. It was truly a bipartisan effort.
We appreciate the support and work of the ranking member and full
committee chairman of the Committee on Energy and Commerce as well as
the ranking member and the committee chairman of the Committee on
Transportation and Infrastructure.
Specifically, I want to thank Mr. Knight for his leadership on this
issue. You never expect to have an emergency in the middle of
deliberating on a bill. In this case, we did. He showed real leadership
in coming to the table and inviting us out to his district to see it
firsthand so that we could actually address safety concerns in this
bill as well. It is a great bill to improve the safety of the country.
Mr. Speaker, I urge my colleagues to join me in supporting the final
passage of this bill.
I yield back the balance of my time.
Mrs. CAPPS. Mr. Speaker, I rise in support of the House Amendment to
S. 2276.
Millions of miles of natural gas and hazardous liquid pipelines
crisscross our country and touch countless communities. While these
pipelines are an essential part of our nation's energy infrastructure,
we all know--many from first-hand experience--that our reliance on
these pipelines is inherently risky. Too often we hear of a pipeline
failure, just like the Plains pipeline spill in my congressional
district last year, which harms the health of local communities, the
regional economy, and the environment. And we know that it really isn't
a question of if there will be another spill in another community, but
when.
With that is mind it is clear that we must do all we can to prevent
the next spill from occurring and mitigate the damage when it does. We
need to make the oil and gas industries that rely on these vulnerable
methods of transportation more transparent and safer. We need to ensure
that the federal regulator, the Pipeline and Hazardous Material Safety
Administration (PHMSA), has the tools it needs to ensure the safe
operation of natural gas and hazardous liquid pipelines under federal
jurisdiction. And we owe it to the communities who are still picking up
the pieces from these incidents to do all we can to learn from these
tragedies to protect others in the future.
The bill before us today is an important step to do just that. This
bill would provide PHMSA with the emergency order authority to
appropriately respond to systemic pipeline issues. And it would ensure
that important, long overdue rules are finalized and implemented,
including the rules for automatic shutoff valves and leak detection.
This technology is critical to minimizing the damage when a spill does
occur.
This bill also includes specific provisions that apply the lessons
learned from the Plains spill. Specifically, this legislation would
mandate a study on the causes of corrosion including risks associated
with insulated pipelines--the underlying cause of the Plains failure--
and the best methods to prevent corrosion from occurring in this
infrastructure. This legislation would also improve protection of

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coastal areas, including coastal beaches, marine coastal waters, and
the Great Lakes, by explicitly designating them as ``unusually
sensitive areas.'' This will bring more stringent safety requirements
to these particularly vulnerable areas like my community. Finally, this
legislation would require a report examining ways to improve hazardous
liquid pipeline safety through integrity management actions, including
an analysis of risk factors that may warrant more frequent inspections.
While nothing can take us back to prevent the Plains spill, this bill
as a whole is an important, bipartisan effort to protect my and other
communities going forward. And that is why I support it. We must
embrace this opportunity for the sake of the health and safety of our
constituents and the environment.
I would like to thank Energy and Commerce Committee Chairman Upton
and Ranking Member Pallone as well as subcommittee Ranking Member Rush
for working with me to craft a bill that addresses the failures that
led to the Plains spill. I would also like to commend staff from both
the Energy and Commerce Committee and the Transportation and
Infrastructure Committee for working in a bipartisan and bicameral way
to get to this final product.
Our constituents are relying on us. I urge my colleagues to support
this important legislation, and I hope we are able to send S. 2276 to
the President for his signature in the very near future.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Denham) that the House suspend the rules
and pass the bill, S. 2276, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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