[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5337-S5345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2642. Mr. McCONNELL (for Mr. Wicker) proposed an amendment to the
bill S. 2299, to amend title 49, United States Code, to enhance the
safety and reliability of pipeline transportation, and for other
purposes; as follows:
Strike all after the enacting clause and insert the
following:
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
2020'' or the ``PIPES Act of 2020''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE
Sec. 101. Authorization of appropriations.
Sec. 102. Pipeline workforce development.
Sec. 103. Cost recovery and fees for facility reviews.
Sec. 104. Advancement of new pipeline safety technologies and
approaches.
Sec. 105. Pipeline safety testing enhancement study.
Sec. 106. Regulatory updates.
Sec. 107. Self-disclosure of violations.
Sec. 108. Due process protections in enforcement proceedings.
Sec. 109. Pipeline operating status.
Sec. 110. Liquefied natural gas facility project reviews.
Sec. 111. Updates to standards for liquefied natural gas facilities.
[[Page S5338]]
Sec. 112. National Center of Excellence for Liquefied Natural Gas
Safety and Training.
Sec. 113. Prioritization of rulemaking.
Sec. 114. Leak detection and repair.
Sec. 115. Inspection and maintenance plans.
Sec. 116. Consideration of pipeline class location changes.
Sec. 117. Protection of employees providing pipeline safety
information.
Sec. 118. Transportation Technology Center.
Sec. 119. Interstate drug and alcohol oversight.
Sec. 120. Savings clause.
TITLE II--LEONEL RONDON PIPELINE SAFETY ACT
Sec. 201. Short title.
Sec. 202. Distribution integrity management plans.
Sec. 203. Emergency response plans.
Sec. 204. Operations and maintenance manuals.
Sec. 205. Pipeline safety management systems.
Sec. 206. Pipeline safety practices.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Pipeline and Hazardous Materials Safety Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125 of title 49,
United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--From fees collected under section 60301,
there are authorized to be appropriated to the Secretary to
carry out section 12 of the Pipeline Safety Improvement Act
of 2002 (49 U.S.C. 60101 note; Public Law 107-355) and the
provisions of this chapter relating to gas and hazardous
liquid--
``(A) $147,000,000 for fiscal year 2020, of which--
``(i) $9,000,000 shall be used to carry out section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355); and
``(ii) $60,000,000 shall be used for making grants;
``(B) $151,000,000 for fiscal year 2021, of which--
``(i) $9,000,000 shall be used to carry out section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355); and
``(ii) $63,000,000 shall be used for making grants;
``(C) $155,000,000 for fiscal year 2022, of which--
``(i) $9,000,000 shall be used to carry out section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355); and
``(ii) $66,000,000 shall be used for making grants; and
``(D) $159,000,000 for fiscal year 2023, of which--
``(i) $9,000,000 shall be used to carry out section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355); and
``(ii) $69,000,000 shall be used for making grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated from the Oil Spill Liability
Trust Fund established by section 9509(a) of the Internal
Revenue Code of 1986 to carry out section 12 of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
Law 107-355) and the provisions of this chapter relating to
hazardous liquid--
``(A) $25,000,000 for fiscal year 2020, of which--
``(i) $3,000,000 shall be used to carry out section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355); and
``(ii) $10,000,000 shall be used for making grants;
``(B) $26,000,000 for fiscal year 2021, of which--
``(i) $3,000,000 shall be used to carry out section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355); and
``(ii) $11,000,000 shall be used for making grants;
``(C) $27,000,000 for fiscal year 2022, of which--
``(i) $3,000,000 shall be used to carry out section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355); and
``(ii) $12,000,000 shall be used for making grants; and
``(D) $28,000,000 for fiscal year 2023, of which--
``(i) $3,000,000 shall be used to carry out section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355); and
``(ii) $13,000,000 shall be used for making grants.
``(3) Underground natural gas storage facility safety
account.--From fees collected under section 60302, there is
authorized to be appropriated to the Secretary to carry out
section 60141 $8,000,000 for each of fiscal years 2020
through 2023.''.
(b) Operational Expenses.--Section 2(b) of the PIPES Act of
2016 (Public Law 114-183; 130 Stat. 515) is amended by
striking paragraphs (1) through (4) and inserting the
following:
``(1) $24,000,000 for fiscal year 2020.
``(2) $25,000,000 for fiscal year 2021.
``(3) $26,000,000 for fiscal year 2022.
``(4) $27,000,000 for fiscal year 2023.''.
(c) One-call Notification Programs.--Section 6107 of title
49, United States Code, is amended by striking ``$1,058,000
for each of fiscal years 2016 through 2019'' and inserting
``$1,058,000 for each of fiscal years 2020 through 2023''.
(d) Emergency Response Grants.--Section 60125(b)(2) of
title 49, United States Code, is amended by striking ``fiscal
years 2012 through 2015'' and inserting ``fiscal years 2020
through 2023''.
(e) Pipeline Safety Information Grants to Communities.--
Section 60130 of title 49, United States Code, is amended--
(1) in subsection (a)(1), in the first sentence, by
striking ``to local communities and groups of individuals
(not including for-profit entities)'' and inserting ``to
local communities, Indian Tribes, and groups of individuals
(not including for-profit entities)''; and
(2) by striking subsection (c) and inserting the following:
``(c) Funding.--
``(1) In general.--Out of amounts made available under
section 2(b) of the PIPES Act of 2016 (Public Law 114-183;
130 Stat. 515), the Secretary shall use $1,500,000 for each
of fiscal years 2020 through 2023 to carry out this section.
``(2) Limitation.--Any amounts used to carry out this
section shall not be derived from user fees collected under
section 60301.''.
(f) Damage Prevention Programs.--Section 60134(i) of title
49, United States Code, is amended in the first sentence by
striking ``fiscal years 2012 through 2015'' and inserting
``fiscal years 2020 through 2023''.
(g) Pipeline Integrity Program.--Section 12(f) of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355) is amended by striking ``2016
through 2019'' and inserting ``2020 through 2023''.
SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.
(a) Inspector Training.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall--
(1) review the inspector training programs provided at the
Inspector Training and Qualifications Division of the
Administration in Oklahoma City, Oklahoma; and
(2) determine whether any of the programs referred to in
paragraph (1), or any portions of the programs, could be
provided online through teletraining or another type of
distance learning.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committees on Transportation and
Infrastructure, Energy and Commerce, and Science, Space, and
Technology of the House of Representatives and make publicly
available on a website of the Department of Transportation a
report containing a comprehensive workforce plan for the
Administration.
(2) Contents.--The report under paragraph (1) shall
include--
(A) a description of the current staffing at the
Administration;
(B) an identification of the staff needed to achieve the
mission of the Administration over the next 10 years
following the date of the report;
(C) an evaluation of whether the inspector training
programs referred to in subsection (a)(1) provide appropriate
exposure to pipeline operations and current pipeline safety
technology;
(D) a summary of any gaps between the current workforce of
the Administration and the future human capital needs of the
Administration; and
(E) a description of how the Administration--
(i) uses the retention incentives defined by the Office of
Personnel Management; and
(ii) plans to use those retention incentives as part of the
comprehensive workforce plan of the Administration.
SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS.
(a) Fees for Compliance Reviews of Liquefied Natural Gas
Facilities.--Chapter 603 of title 49, United States Code, is
amended by inserting after section 60302 the following:
``Sec. 60303. Fees for compliance reviews of liquefied
natural gas facilities
``(a) Imposition of Fee.--
``(1) In general.--The Secretary of Transportation
(referred to in this section as the `Secretary') shall impose
on a person who files with the Federal Energy Regulatory
Commission an application for a liquefied natural gas
facility that has design and construction costs totaling not
less than $2,500,000,000 a fee for the necessary expenses of
a review, if any, that the Secretary conducts, in connection
with that application, to determine compliance with subpart B
of part 193 of title 49, Code of Federal Regulations (or
successor regulations).
``(2) Relation to other review.--The Secretary may not
impose fees under paragraph (1) and section 60117(o) or
60301(b) for the same compliance review described in
paragraph (1).
``(b) Means of Collection.--
[[Page S5339]]
``(1) In general.--The Secretary shall prescribe procedures
to collect fees under this section.
``(2) Use of government entities.--The Secretary may--
``(A) use a department, agency, or instrumentality of the
Federal Government or of a State or local government to
collect fees under this section; and
``(B) reimburse that department, agency, or instrumentality
a reasonable amount for the services provided.
``(c) Account.--There is established an account, to be
known as the `Liquefied Natural Gas Siting Account', in the
Pipeline Safety Fund established in the Treasury of the
United States under section 60301.''.
(b) Clerical Amendment.--The table of sections for chapter
603 of title 49, United States Code, is amended by inserting
after the item relating to section 60302 the following:
``60303. Fees for compliance reviews of liquefied natural gas
facilities.''.
SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND
APPROACHES.
(a) In General.--Chapter 601 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 60142. Pipeline safety enhancement programs
``(a) In General.--The Secretary may establish and carry
out limited safety-enhancing testing programs during the
period of fiscal years 2020 through 2026 to evaluate
innovative technologies and operational practices testing the
safe operation of--
``(1) a natural gas pipeline facility; or
``(2) a hazardous liquid pipeline facility.
``(b) Limitations.--
``(1) In general.--Such testing programs may not exceed--
``(A) 5 percent of the total miles of hazardous liquid
pipelines in the United States; and
``(B) 5 percent of the total miles of natural gas pipelines
in the United States.
``(2) High population areas.--Any program established under
subsection (a) shall not be located in a high population area
(as defined in section 195.450 of title 49, Code of Federal
Regulations).
``(c) Duration.--The term of a testing program established
under subsection (a) shall be not more than a period of 4
years beginning on the date of approval of the program.
``(d) Safety Standards.--
``(1) In general.--The Secretary shall require, as a
condition of approval of a testing program under subsection
(a), that the safety measures in the testing program are
designed to achieve a level of safety that is greater than,
or equivalent to, the level of safety required by this
chapter.
``(2) Determination.--
``(A) In general.--The Secretary may issue an order under
subparagraph (A) of section 60118(c)(1) to accomplish the
purpose of a testing program for a term not to exceed the
time period described in subsection (c) if the condition
described in paragraph (1) is met, as determined by the
Secretary.
``(B) Limitation.--An order under subparagraph (A) shall
pertain only to those regulations that would otherwise
prevent the use of the safety technology to be tested under
the testing program.
``(e) Considerations.--In establishing a testing program
under subsection (a), the Secretary shall consider--
``(1) whether the owners or operators participating in the
program have a safety management system in place; and
``(2) whether the proposed safety technology has been
tested through a research and development program carried out
by--
``(A) the Secretary;
``(B) collaborative research development organizations; or
``(C) other institutions.
``(f) Data and Findings.--As a participant in a testing
program established under subsection (a), an operator shall
submit to the Secretary detailed findings and a summary of
data collected as a result of participation in the testing
program.
``(g) Authority to Revoke Participation.--The Secretary
shall immediately revoke participation in a testing program
under subsection (a) if--
``(1) the participant fails to comply with the terms and
conditions of the testing program; or
``(2) in the determination of the Secretary, continued
participation in the testing program by the participant would
be unsafe or would not be consistent with the goals and
objectives of this chapter.
``(h) Authority to Terminate Program.--The Secretary shall
immediately terminate a testing program under subsection (a)
if continuation of the testing program would not be
consistent with the goals and objectives of this chapter.
``(i) State Rights.--
``(1) Exemption.--Except as provided in paragraph (2), if a
State submits to the Secretary notice that the State requests
an exemption from any testing program considered for
establishment under this section, the State shall be exempt.
``(2) Limitations.--
``(A) In general.--The Secretary shall not grant a
requested exemption under paragraph (1) after a testing
program is established.
``(B) Late notice.--The Secretary shall not grant a
requested exemption under paragraph (1) if the notice
submitted under that paragraph is submitted to the Secretary
more than 10 days after the date on which the Secretary
issues an order providing an effective date for the testing
program.
``(3) Effect.--If a State has not submitted a notice
requesting an exemption under paragraph (1), the State shall
not enforce any law (including regulations) that is
inconsistent with a testing program in effect in the State
under this section.
``(j) Program Review Process and Public Notice.--
``(1) In general.--The Secretary shall publish in the
Federal Register and send directly to each relevant State
authority with a certification in effect under section 60105
a notice of each testing program under subsection (a),
including the order to be considered, and provide an
opportunity for public comment for not less than 90 days.
``(2) Response from secretary.--Not later than the date on
which the Secretary issues an order providing an effective
date of a testing program noticed under paragraph (1), the
Secretary shall respond to each comment submitted under that
paragraph.
``(k) Report to Congress.--At the conclusion of each
testing program, the Secretary shall make publicly available
on the website of the Department of Transportation a report
containing--
``(1) the findings and conclusions of the Secretary with
respect to the testing program; and
``(2) any recommendations of the Secretary with respect to
the testing program, including any recommendations for
amendments to laws (including regulations) and the
establishment of standards, that--
``(A) would enhance the safe operation of interstate gas or
hazardous liquid pipeline facilities; and
``(B) are technically, operationally, and economically
feasible.
``(l) Standards.--If a report under subsection (k)
indicates that it is practicable to establish technically,
operationally, and economically feasible standards for the
use of a safety-enhancing technology and any corresponding
operational practices tested by the testing program described
in the report, the Secretary, as soon as practicable after
submission of the report, may promulgate regulations
consistent with chapter 5 of title 5 (commonly known as the
`Administrative Procedures Act') that--
``(1) allow operators of interstate gas or hazardous liquid
pipeline facilities to use the relevant technology or
practice to the extent practicable; and
``(2) establish technically, operationally, and
economically feasible standards for the capability and
deployment of the technology or practice.''.
(b) Clerical Amendment.--The table of sections for chapter
601 of title 49, United States Code, is amended by inserting
after the item relating to section 60141 the following:
``60142. Pipeline safety enhancement programs.''.
SEC. 105. PIPELINE SAFETY TESTING ENHANCEMENT STUDY.
Not later than 2 years after the date of enactment of this
Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committees
on Transportation and Infrastructure, Energy and Commerce,
and Science, Space, and Technology of the House of
Representatives a report relating to--
(1) the research and development capabilities of the
Administration, in accordance with section 12 of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
Law 107-355);
(2)(A) the development of additional testing and research
capabilities through the establishment of an independent
pipeline safety testing facility under the Department of
Transportation;
(B) whether an independent pipeline safety testing facility
would be critical to the work of the Administration;
(C) the costs and benefits of developing an independent
pipeline safety testing facility under the Department of
Transportation; and
(D) the costs and benefits of colocating an independent
pipeline safety testing facility at an existing training
center of the Administration; and
(3) the ability of the Administration to use the testing
facilities of the Department of Transportation, other Federal
agencies, or federally funded research and development
centers.
SEC. 106. REGULATORY UPDATES.
(a) Definition of Outstanding Mandate.--In this section,
the term ``outstanding mandate'' means--
(1) a final rule required to be issued under the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90; 125 Stat. 1904) that has not been
published in the Federal Register;
(2) a final rule required to be issued under the PIPES Act
of 2016 (Public Law 114-183; 130 Stat. 514) that has not been
published in the Federal Register; and
(3) any other final rule regarding gas or hazardous liquid
pipeline facilities required to be issued under this Act or
an Act enacted prior to the date of enactment of this Act
that has not been published in the Federal Register.
(b) Requirements.--
(1) Periodic updates.--Not later than 30 days after the
date of enactment of this Act, and every 30 days thereafter
until a final rule referred to in paragraphs (1) through (3)
of subsection (a) is published in the Federal Register, the
Secretary shall publish on a
[[Page S5340]]
publicly available website of the Department of
Transportation an update regarding the status of each
outstanding mandate in accordance with subsection (c).
(2) Notification of congress.--On publication of a final
rule in the Federal Register for an outstanding mandate, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of
the House of Representatives a notification in accordance
with subsection (c).
(c) Contents.--An update published or a notification
submitted under paragraph (1) or (2) of subsection (b) shall
contain, as applicable--
(1) with respect to information relating to the
Administration--
(A) a description of the work plan for each outstanding
mandate;
(B) an updated rulemaking timeline for each outstanding
mandate;
(C) the staff allocations with respect to each outstanding
mandate;
(D) any resource constraints affecting the rulemaking
process for each outstanding mandate;
(E) any other details associated with the development of
each outstanding mandate that affect the progress of the
rulemaking process with respect to that outstanding mandate;
and
(F) a description of all rulemakings regarding gas or
hazardous liquid pipeline facilities published in the Federal
Register that are not identified under subsection (b)(2); and
(2) with respect to information relating to the Office of
the Secretary--
(A) the date that the outstanding mandate was submitted to
the Office of the Secretary for review;
(B) the reason that the outstanding mandate is under review
beyond 45 days;
(C) the staff allocations within the Office of the
Secretary with respect to each the outstanding mandate;
(D) any resource constraints affecting review of the
outstanding mandate;
(E) an estimated timeline of when review of the outstanding
mandate will be complete, as of the date of the update;
(F) if applicable, the date that the outstanding mandate
was returned to the Administration for revision and the
anticipated date for resubmission to the Office of the
Secretary;
(G) the date that the outstanding mandate was submitted to
the Office of Management and Budget for review; and
(H) a statement of whether the outstanding mandate remains
under review by the Office of Management and Budget.
SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.
Section 60122(b)(1) of title 49, United States Code, is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
and
(2) by adding at the end the following:
``(D) self-disclosure and correction of violations, or
actions to correct a violation, prior to discovery by the
Pipeline and Hazardous Materials Safety Administration;
and''.
SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.
(a) In General.--Section 60117 of title 49, United States
Code, is amended--
(1) by redesignating subsections (b) through (o) as
subsections (c) through (p), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Enforcement and Regulatory Procedures.--
``(1) Request for formal hearing.--On request of a
respondent in an enforcement or regulatory proceeding under
this chapter, a hearing shall be held in accordance with
section 554 of title 5.
``(2) Administrative law judge.--A hearing under paragraph
(1) shall be conducted by an administrative law judge
appointed under section 3105 of title 5.
``(3) Open to the public.--
``(A) Hearings.--A hearing under paragraph (1) shall be--
``(i) noticed to the public--
``(I) on the website of the Pipeline and Hazardous
Materials Safety Administration; and
``(II) in the Federal Register; and
``(ii) open to the public.
``(B) Agreements, orders, and judgments.--A consent
agreement, consent order, order, or judgment resulting from a
hearing under paragraph (1) shall be made available to the
public on the website of the Pipeline and Hazardous Materials
Safety Administration.
``(4) Procedures.--In implementing enforcement and
regulatory procedures under this chapter, the Secretary
shall--
``(A) allow the use of a consent agreement and consent
order to resolve any matter of fact or law asserted;
``(B) allow the respondent and the agency to convene 1 or
more meetings--
``(i) for settlement or simplification of the issues; or
``(ii) to aid in the disposition of issues;
``(C) require that the case file in an enforcement
proceeding include all agency records pertinent to the
matters of fact and law asserted;
``(D) require that a recommended decision be made available
to the respondent when issued;
``(E) allow a respondent to reply to any post-hearing
submission;
``(F) allow a respondent to request--
``(i) that a hearing be held, and a recommended decision
and order issued, on an expedited basis; or
``(ii) that a hearing not commence for a period of not less
than 90 days;
``(G) require that the agency have the burden of proof,
presentation, and persuasion in any enforcement matter;
``(H) require that any recommended decision and order
contain findings of fact and conclusions of law;
``(I) require the Associate Administrator of the Office of
Pipeline Safety to file a post-hearing recommendation not
later than 30 days after the deadline for any post-hearing
submission of a respondent;
``(J) require an order on a petition for reconsideration to
be issued not later than 120 days after the date on which the
petition is filed; and
``(K) allow an operator to request that an issue of
controversy or uncertainty be addressed through a declaratory
order in accordance with section 554(e) of title 5, which
order shall be issued not later than 120 days after the date
on which a request is made.
``(5) Savings clause.--Nothing in this subsection alters
the procedures applicable to an emergency order under
subsection (p).''.
(b) Conforming Amendments.--
(1) Section 60109(g)(4) of title 49, United States Code, is
amended by striking ``section 60117(c)'' and inserting
``section 60117(d)''.
(2) Section 60117(p) of title 49, United States Code (as
redesignated by subsection (a)(1)), is amended, in paragraph
(3)(E), by striking ``60117(l)'' and inserting ``subsection
(m)''.
(3) Section 60118(a)(3) of title 49, United States Code, is
amended by striking ``section 60117(a)-(d)'' and inserting
``subsections (a) through (e) of section 60117''.
SEC. 109. PIPELINE OPERATING STATUS.
(a) In General.--Chapter 601 of title 49, United States
Code (as amended by section 104(a)), is amended by adding at
the end the following:
``Sec. 60143. Idled pipelines
``(a) Definition of Idled.--In this section, the term
`idled', with respect to a pipeline, means that the
pipeline--
``(1)(A) has ceased normal operations; and
``(B) will not resume service for a period of not less than
180 days;
``(2) has been isolated from all sources of hazardous
liquid, natural gas, or other gas; and
``(3)(A) has been purged of combustibles and hazardous
materials and maintains a blanket of inert, nonflammable gas
at low pressure; or
``(B) has not been purged as described in subparagraph (A),
but the volume of gas is so small that there is no potential
hazard.
``(b) Rulemaking.--
``(1) In general.--Not later than 2 years after the date of
enactment of the PIPES Act of 2020, the Secretary shall
promulgate regulations prescribing the applicability of the
pipeline safety requirements to idled natural or other gas
transmission and hazardous liquid pipelines.
``(2) Requirements.--
``(A) In general.--The applicability of the regulations
under paragraph (1) shall be based on the risk that idled
natural or other gas transmission and hazardous liquid
pipelines pose to the public, property, and the environment,
and shall include requirements to resume operation.
``(B) Inspection.--The Secretary or an appropriate State
agency shall inspect each idled pipeline and verify that the
pipeline has been purged of combustibles and hazardous
materials, if required under subsection (a).
``(C) Requirements for reinspection.--The Secretary shall
determine the requirements for periodic reinspection of idled
natural or other gas transmission and hazardous liquid
pipelines.''.
(b) Clerical Amendment.--The table of sections for chapter
601 of title 49, United States Code (as amended by section
104(b)), is amended by inserting after the item relating to
section 60142 the following:
``60143. Idled pipelines.''.
SEC. 110. LIQUEFIED NATURAL GAS FACILITY PROJECT REVIEWS.
Section 60103(a) of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively, and indenting
appropriately;
(2) in the first sentence, by striking ``The Secretary of
Transportation'' and inserting the following:
``(1) In general.--The Secretary of Transportation'';
(3) in the second sentence, by striking ``In prescribing a
standard'' and inserting the following:
``(2) Considerations.--In prescribing a standard under
paragraph (1)''; and
(4) by adding at the end the following:
``(3) Use of location standards.--If a Federal or State
authority with jurisdiction over liquefied natural gas
pipeline facility permits or approvals is using the location
standards prescribed under paragraph (1) for purposes of
making a decision with respect to the location of a new
liquefied natural gas pipeline facility and submits to the
Secretary of Transportation a request to provide a
determination of whether the new liquefied natural gas
pipeline facility would meet the location standards, the
Secretary may provide such a determination to the requesting
Federal or State authority.
``(4) Effect.--Nothing in this subsection or subsection
(b)--
``(A) affects--
[[Page S5341]]
``(i) section 3 of the Natural Gas Act (15 U.S.C. 717b);
``(ii) the authority of the Federal Energy Regulatory
Commission to carry out that section; or
``(iii) any other similar authority of any other Federal or
State agency; or
``(B) requires the Secretary of Transportation to formally
approve any project proposal or otherwise perform any siting
functions.''.
SEC. 111. UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS
FACILITIES.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall--
(1) review the minimum operating and maintenance standards
prescribed under section 60103(d) of title 49, United States
Code; and
(2) based on the review under paragraph (1), update the
standards described in that paragraph applicable to large-
scale liquefied natural gas facilities (other than peak
shaving facilities) to provide for a risk-based regulatory
approach for such facilities, consistent with this section.
(b) Scope.--In updating the minimum operating and
maintenance standards under subsection (a)(2), the Secretary
shall ensure that all regulations, guidance, and internal
documents are developed and applied in a manner consistent
with this section.
(c) Requirements.--The updates to the operating and
maintenance standards required under subsection (a)(2) shall,
at a minimum, require operators--
(1) to develop and maintain written safety information
identifying hazards associated with--
(A) the processes of liquefied natural gas conversion,
storage, and transport;
(B) equipment used in the processes; and
(C) technology used in the processes;
(2) to conduct a hazard assessment, including the
identification of potential sources of accidental releases;
(3)(A) to consult with employees and representatives of
employees on the development and conduct of hazard
assessments under paragraph (2); and
(B) to provide employees access to the records of the
hazard assessments and any other records required under the
updated standards;
(4) to establish a system to respond to the findings of a
hazard assessment conducted under paragraph (2) that
addresses prevention, mitigation, and emergency responses;
(5) to review, when a design change occurs, a hazard
assessment conducted under paragraph (2) and the response
system established under paragraph (4);
(6) to develop and implement written operating procedures
for the processes of liquefied natural gas conversion,
storage, and transport;
(7)(A) to provide written safety and operating information
to employees; and
(B) to train employees in operating procedures with an
emphasis on addressing hazards and using safe practices;
(8) to ensure contractors and contract employees are
provided appropriate information and training;
(9) to train and educate employees and contractors in
emergency response;
(10) to establish a quality assurance program to ensure
that equipment, maintenance materials, and spare parts
relating to the operations and maintenance of liquefied
natural gas facilities are fabricated and installed
consistent with design specifications;
(11) to establish maintenance systems for critical process-
related equipment, including written procedures, employee
training, appropriate inspections, and testing of that
equipment to ensure ongoing mechanical integrity;
(12) to conduct pre-start-up safety reviews of all newly
installed or modified equipment;
(13) to establish and implement written procedures to
manage change to processes of liquefied natural gas
conversion, storage, and transport, technology, equipment,
and facilities; and
(14)(A) to investigate each incident that results in, or
could have resulted in--
(i) loss of life;
(ii) destruction of private property; or
(iii) a major accident; and
(B) to have operating personnel--
(i) review any findings of an investigation under
subparagraph (A); and
(ii) if appropriate, take responsive measures.
SEC. 112. NATIONAL CENTER OF EXCELLENCE FOR LIQUEFIED NATURAL
GAS SAFETY AND TRAINING.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means the National Center
of Excellence for Liquefied Natural Gas Safety and Training
established under subsection (b).
(2) LNG.--The term ``LNG'' means liquefied natural gas.
(3) LNG sector stakeholder.--The term ``LNG sector
stakeholder'' means a representative of--
(A) LNG facilities that represent the broad array of LNG
facilities operating in the United States;
(B) States, Indian Tribes, and units of local government;
(C) postsecondary education;
(D) labor organizations;
(E) safety organizations; or
(F) Federal regulatory agencies of jurisdiction, which may
include--
(i) the Administration;
(ii) the Federal Energy Regulatory Commission;
(iii) the Department of Energy;
(iv) the Occupational Safety and Health Administration;
(v) the Coast Guard; and
(vi) the Maritime Administration.
(b) Establishment.--Not later than 2 years after the date
of enactment of this Act, the Secretary, in consultation with
LNG sector stakeholders, shall establish a center, to be
known as the ``National Center of Excellence for Liquefied
Natural Gas Safety and Training''.
(c) Functions.--The Center shall, for activities regulated
under section 60103 of title 49, United States Code--
(1) promote, facilitate, and conduct--
(A) education;
(B) training; and
(C) technological advancements;
(2) be a repository of information on best practices
relating to, and expertise on, LNG operations;
(3) foster collaboration among stakeholders; and
(4) provide a curriculum for training that incorporates--
(A) risk-based principles into the operation, management,
and regulatory oversight of LNG facilities;
(B) the reliance on subject matter expertise within the LNG
industry;
(C) the transfer of knowledge and expertise between the LNG
industry and regulatory agencies; and
(D) training and workshops that occur at operational
facilities.
(d) Location.--
(1) In general.--The Center shall be located in close
proximity to critical LNG transportation infrastructure on,
and connecting to, the Gulf of Mexico, as determined by the
Secretary.
(2) Considerations.--In determining the location of the
Center, the Secretary shall--
(A) take into account the strategic value of locating
resources in close proximity to LNG facilities; and
(B) locate the Center in the State with the largest LNG
production capacity, as determined by the total capacity (in
billion cubic feet per day) of LNG production authorized by
the Federal Energy Regulatory Commission under section 3 of
the Natural Gas Act (15 U.S.C. 717b) as of the date of
enactment of this Act.
(e) Coordination With TQ Training Center.--In carrying out
the functions described in subsection (c), the Center shall
coordinate with the Training and Qualifications Training
Center of the Administration in Oklahoma City, Oklahoma, to
facilitate knowledge sharing among, and enhanced training
opportunities for, Federal and State pipeline safety
inspectors and investigators.
(f) Joint Operation With Educational Institution.--The
Secretary may enter into an agreement with an appropriate
official of an institution of higher education--
(1) to provide for joint operation of the Center; and
(2) to provide necessary administrative services for the
Center.
SEC. 113. PRIORITIZATION OF RULEMAKING.
(a) Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall ensure completion
of and publish in the Federal Register the outstanding
rulemaking entitled ``Pipeline Safety: Safety of Gas
Transmission and Gathering Pipelines'', published in the
Federal Register on April 8, 2016 (81 Fed. Reg. 20722; Docket
No. PHMSA-2011-0023), as that rulemaking relates to the
consideration of gathering pipelines.
(b) Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) review the extent to which geospatial and technical
data is collected by operators of gathering lines, including
design and material specifications;
(2) analyze information collected by operators of gathering
lines when the mapping information described in paragraph (1)
is not available for a gathering line; and
(3) assess any plans and timelines of operators of
gathering lines to develop the mapping information described
in paragraph (1) or otherwise collect information described
in paragraph (2).
(c) Report.--The Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of
the House of Representatives a report on the review required
under subsection (b), including any recommendations that the
Comptroller General of the United States may have as a result
of the review.
SEC. 114. LEAK DETECTION AND REPAIR.
Section 60102 of title 49, United States Code, is amended
by adding at the end the following:
``(q) Gas Pipeline Leak Detection and Repair.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall promulgate
final regulations that require operators of regulated
gathering lines (as defined pursuant to subsection (b) of
section 60101 for purposes of subsection (a)(21) of that
section) in a Class 2 location, Class 3 location, or Class 4
location, as determined under section 192.5 of title 49, Code
of Federal Regulations, operators of new and existing gas
transmission pipeline facilities, and operators of new and
[[Page S5342]]
existing gas distribution pipeline facilities to conduct leak
detection and repair programs--
``(A) to meet the need for gas pipeline safety, as
determined by the Secretary; and
``(B) to protect the environment.
``(2) Leak detection and repair programs.--
``(A) Minimum performance standards.--The final regulations
promulgated under paragraph (1) shall include, for the leak
detection and repair programs described in that paragraph,
minimum performance standards that reflect the capabilities
of commercially available advanced technologies that, with
respect to each pipeline covered by the programs, are
appropriate for--
``(i) the type of pipeline;
``(ii) the location of the pipeline;
``(iii) the material of which the pipeline is constructed;
and
``(iv) the materials transported by the pipeline.
``(B) Requirement.--The leak detection and repair programs
described in paragraph (1) shall be able to identify, locate,
and categorize all leaks that--
``(i) are hazardous to human safety or the environment; or
``(ii) have the potential to become explosive or otherwise
hazardous to human safety.
``(3) Advanced leak detection technologies and practices.--
``(A) In general.--The final regulations promulgated under
paragraph (1) shall--
``(i) require the use of advanced leak detection
technologies and practices described in subparagraph (B);
``(ii) identify any scenarios where operators may use leak
detection practices that depend on human senses; and
``(iii) include a schedule for repairing or replacing each
leaking pipe, except a pipe with a leak so small that it
poses no potential hazard, with appropriate deadlines.
``(B) Advanced leak detection technologies and practices
described.--The advanced leak detection technologies and
practices referred to in subparagraph (A)(i) include--
``(i) for new and existing gas distribution pipeline
facilities, technologies and practices to detect pipeline
leaks--
``(I)(aa) through continuous monitoring on or along the
pipeline; and
``(bb) in the case of an existing facility, that do not
impose any design or installation requirements on existing
facilities that would be inapplicable under section 60104(b);
or
``(II) through periodic surveys with handheld equipment,
equipment mounted on mobile platforms, or other means using
commercially available technology;
``(ii) for new and existing gas transmission pipeline
facilities, technologies and practices to detect pipeline
leaks through--
``(I) equipment that--
``(aa) is capable of continuous monitoring; and
``(bb) in the case of an existing facility, does not impose
any design or installation requirements on existing
facilities that would be inapplicable under section 60104(b);
or
``(II) periodic surveys with handheld equipment, equipment
mounted on mobile platforms, or other means using
commercially available technology; and
``(iii) for regulated gathering lines in Class 2 locations,
Class 3 locations, or Class 4 locations, technologies and
practices to detect pipeline leaks through--
``(I) equipment that--
``(aa) is capable of continuous monitoring; and
``(bb) in the case of an existing facility, does not impose
any design or installation requirements on existing
facilities that would be inapplicable under section 60104(b);
or
``(II) periodic surveys with handheld equipment, equipment
mounted on mobile platforms, or other means using
commercially available technology.
``(4) Savings clauses.--
``(A) Surveys and timelines.--In promulgating regulations
under this subsection, the Secretary--
``(i) shall not reduce the frequency of surveys required
under any other provision of this chapter or stipulated by
regulation as of the date of enactment of this subsection;
and
``(ii) shall not extend the duration of any timelines for
the repair or remediation of leaks that are stipulated by
regulation as of the date of enactment of this subsection.
``(B) Application.--The limitations in this paragraph do
not restrict the Secretary's ability to modify any
regulations through proceedings separate from or subsequent
to the final regulations required under paragraph (1).
``(C) Existing authority.--Nothing in this subsection shall
alter the authority of the Secretary to regulate gathering
lines as defined under section 60101.''.
SEC. 115. INSPECTION AND MAINTENANCE PLANS.
(a) In General.--Section 60108 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``, must meet the requirements of any regulations promulgated
under section 60102(q),'' after ``the need for pipeline
safety'';
(ii) in subparagraph (C), by striking ``and'' at the end;
and
(iii) by striking subparagraph (D) and inserting the
following:
``(D) the extent to which the plan will contribute to--
``(i) public safety;
``(ii) eliminating hazardous leaks and minimizing releases
of natural gas from pipeline facilities; and
``(iii) the protection of the environment; and
``(E) the extent to which the plan addresses the
replacement or remediation of pipelines that are known to
leak based on the material (including cast iron, unprotected
steel, wrought iron, and historic plastics with known
issues), design, or past operating and maintenance history of
the pipeline.''; and
(B) by striking paragraph (3) and inserting the following:
``(3) Review of plans.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subparagraph, and not less frequently than
once every 5 years thereafter, the Secretary or relevant
State authority with a certification in effect under section
60105 shall review each plan described in this subsection.
``(B) Context of review.--The Secretary may conduct a
review under this paragraph as an element of the inspection
of the operator carried out by the Secretary under subsection
(b).
``(C) Inadequate programs.--If the Secretary determines
that a plan reviewed under this paragraph does not comply
with the requirements of this chapter (including any
regulations promulgated under this chapter), has not been
adequately implemented, is inadequate for the safe operation
of a pipeline facility, or is otherwise inadequate, the
Secretary may conduct enforcement proceedings under this
chapter.''; and
(2) in subsection (b)(1)(B), by inserting ``construction
material,'' after ``method of construction,''.
(b) Deadline.--Not later than 1 year after the date of
enactment of this Act, each pipeline operator shall update
the inspection and maintenance plan prepared by the operator
under section 60108(a) of title 49, United States Code, to
address the elements described in the amendments to that
section made by subsection (a).
(c) Inspection and Maintenance Plan Oversight.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to evaluate the procedures used by the
Secretary and States in reviewing plans prepared by pipeline
operators under section 60108(a) of title 49, United States
Code, pursuant to subsection (b) in minimizing releases of
natural gas from pipeline facilities.
(2) Report of the comptroller general of the united
states.--Not later than 1 year after the Secretary's review
of the operator plans prepared under section 60108(a) of
title 49, United States Code, the Comptroller General of the
United States shall submit to the Secretary, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committees on Transportation and Infrastructure and Energy
and Commerce of the House of Representatives a report that--
(A) describes the results of the study conducted under
paragraph (1), including an evaluation of the procedures used
by the Secretary and States in reviewing the effectiveness of
the plans prepared by pipeline operators under section
60108(a) of title 49, United States Code, pursuant to
subsection (b) in minimizing releases of natural gas from
pipeline facilities; and
(B) provides recommendations for how to further minimize
releases of natural gas from pipeline facilities without
compromising pipeline safety based on observations and
information obtained through the study conducted under
paragraph (1).
(3) Response of the secretary.--Not later than 90 days
after the date on which the report under paragraph (2) is
published, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy
and Commerce of the House of Representatives a report that
includes--
(A) a response to the results of the study conducted under
paragraph (1) and the recommendations contained in the report
submitted under paragraph (2);
(B) a discussion of--
(i) the best available technologies or practices to prevent
or minimize, without compromising pipeline safety, the
release of natural gas when making planned repairs,
replacements, or maintenance to a pipeline facility;
(ii) the best available technologies or practices to
prevent or minimize, without compromising pipeline safety,
the release of natural gas when the operator intentionally
vents or releases natural gas; and
(iii) pipeline facility designs that, without compromising
pipeline safety, mitigate the need to intentionally vent
natural gas; and
(C) a timeline for updating pipeline safety regulations, as
the Secretary determines to be appropriate, to address--
(i) the recommendations of the Comptroller General of the
United States in the report submitted under paragraph (2);
and
(ii) the matters described in clauses (i) through (iii) of
subparagraph (B) based on the discussion described in that
subparagraph.
(4) Rulemaking.--
[[Page S5343]]
(A) In general.--Not later than 180 days after the date on
which the Secretary submits the report under paragraph (3),
the Secretary shall update, in accordance with the timeline
described in paragraph (3)(C), pipeline safety regulations
that the Secretary has determined are necessary to protect
the environment without compromising pipeline safety.
(B) Report.--If the Secretary determines not to promulgate
or update regulations to address a recommendation of the
Comptroller General of the United States made in the report
submitted under paragraph (2), the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committees on Transportation and
Infrastructure and Energy and Commerce of the House of
Representatives a justification for that decision and any
supporting documents or analysis used to make that decision.
SEC. 116. CONSIDERATION OF PIPELINE CLASS LOCATION CHANGES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration shall--
(1) review all comments submitted in response to the
advance notice of proposed rulemaking entitled ``Pipeline
Safety: Class Location Change Requirements'' (83 Fed. Reg.
36861 (July 31, 2018));
(2) complete any other activities or procedures necessary--
(A) to make a determination whether to publish a notice of
proposed rulemaking; and
(B) if a positive determination is made under subparagraph
(A), to advance in the rulemaking process, including by
taking any actions required under section 60115 of title 49,
United State Code; and
(3) consider the issues raised in the report to Congress
entitled ``Evaluation of Expanding Pipeline Integrity
Management Beyond High-Consequence Areas and Whether Such
Expansion Would Mitigate the Need for Gas Pipeline Class
Location Requirements'' prepared by the Pipeline and
Hazardous Materials Safety Administration and submitted to
Congress on June 8, 2016, including the adequacy of existing
integrity management programs.
(b) Application.--Nothing in this section requires the
Administrator of the Pipeline and Hazardous Materials Safety
Administration to publish a notice of proposed rulemaking or
otherwise continue the rulemaking process with respect to the
advance notice of proposed rulemaking described in subsection
(a)(1).
(c) Reporting.--For purposes of this section, the
requirements of section 106 shall apply during the period
beginning on the date that is 180 days after the date of
enactment of this Act and ending on the date on which the
requirements of subsection (a) are completed.
SEC. 117. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY
INFORMATION.
Section 60129 of title 49, United States Code, is amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``employee with'' and inserting
``current or former employee with'';
(2) in subsection (b)(3), by adding at the end the
following:
``(D) De novo review.--
``(i) In general.--With respect to a complaint under
paragraph (1), if the Secretary of Labor has not issued a
final decision by the date that is 210 days after the date on
which the complaint was filed, and if the delay is not due to
the bad faith of the employee who filed the complaint, that
employee may bring an original action at law or equity for de
novo review in the appropriate district court of the United
States, which shall have jurisdiction over such action
without regard to the amount in controversy, and which action
shall, at the request of either party to the action, be tried
by the court with a jury.
``(ii) Burdens of proof.--An original action described in
clause (i) shall be governed by the same legal burdens of
proof specified in paragraph (2)(B) for review by the
Secretary of Labor.''; and
(3) by adding at the end the following:
``(e) Nonenforceability of Certain Provisions Waiving
Rights and Remedies or Requiring Arbitration of Disputes.--
``(1) Waiver of rights and remedies.--The rights and
remedies provided under this section may not be waived by any
agreement, policy, form, or condition of employment,
including by a predispute arbitration agreement.
``(2) Predispute arbitration agreements.--No provision of a
predispute arbitration agreement shall be valid or
enforceable if the provision requires arbitration of a
dispute arising under subsection (a)(1).''.
SEC. 118. TRANSPORTATION TECHNOLOGY CENTER.
(a) Research and Development.--The Administrator may use
the Transportation Technology Center in Pueblo, Colorado, for
research and development relating to transportation safety
improvements that will advance the safe and efficient
transportation of hazardous materials and energy products.
(b) Authority to Plan, Design, Engineer, Erect, Alter, and
Repair Buildings and Make Public Improvements.--Only after
submitting a report to the Committees on Appropriations and
Commerce, Science, and Transportation of the Senate and the
Committees on Appropriations, Transportation and
Infrastructure, and Energy and Commerce of the House of
Representatives, and subject to the availability of funds
appropriated by Congress for the applicable purpose, the
Secretary may plan, design, engineer, erect, alter, and
repair buildings and make other public improvements to carry
out necessary research, safety, and training activities at
the Transportation Technology Center in Pueblo, Colorado.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of
the House of Representatives a report on the use of, and
future plans for, research and development activities at the
Transportation Technology Center in Pueblo, Colorado.
SEC. 119. INTERSTATE DRUG AND ALCOHOL OVERSIGHT.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall amend the auditing
program for the drug and alcohol regulations in part 199 of
title 49, Code of Federal Regulations, to improve the
efficiency and processes of those regulations as applied to--
(1) operators; and
(2) pipeline contractors working for multiple operators in
multiple States.
(b) Requirement.--In carrying out subsection (a), the
Secretary shall minimize duplicative audits of the same
operators, and the contractors working for those operators,
by the Administration and multiple State agencies.
(c) Limitation.--Nothing in this section requires
modification of the inspection or enforcement authority of
any Federal agency or State.
SEC. 120. SAVINGS CLAUSE.
Nothing in this title or an amendment made by this title
affects the authority of the Administrator of the
Environmental Protection Agency under the Clean Air Act (42
U.S.C. 7401 et seq.), the authority of the Secretary of the
Interior under the Mineral Leasing Act (30 U.S.C. 181 et
seq.), or the authority of any State to regulate the release
of pollutants or hazardous substances to air, water, or land,
including through the establishment and enforcement of
requirements relating to that release.
TITLE II--LEONEL RONDON PIPELINE SAFETY ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Leonel Rondon Pipeline
Safety Act''.
SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.
(a) In General.--Section 60109(e) of title 49, United
States Code, is amended by adding at the end the following:
``(7) Distribution integrity management plans.--
``(A) Evaluation of risk.--Not later than 2 years after the
date of enactment of this paragraph, the Secretary shall
promulgate regulations to ensure that each distribution
integrity management plan developed by an operator of a
distribution system includes an evaluation of--
``(i) the risks resulting from the presence of cast iron
pipes and mains in the distribution system; and
``(ii) the risks that could lead to or result from the
operation of a low-pressure distribution system at a pressure
that makes the operation of any connected and properly
adjusted low-pressure gas burning equipment unsafe (as
described in section 192.623 of title 49, Code of Federal
Regulations (or a successor regulation)).
``(B) Consideration.--In the evaluations required in a plan
under subparagraph (A), the regulations promulgated by the
Secretary shall ensure that the distribution integrity
management plan evaluates for future potential threats in a
manner that considers factors other than past observed
abnormal operations (within the meaning of section 192.605 of
title 49, Code of Federal Regulations (or a successor
regulation)), in ranking risks and identifying measures to
mitigate those risks under that subparagraph, so that
operators avoid using a risk rating of zero for low
probability events unless otherwise supported by engineering
analysis or operational knowledge.
``(C) Deadlines.--
``(i) In general.--Not later than 2 years after the date of
enactment of this paragraph, each operator of a distribution
system shall make available to the Secretary or the relevant
State authority with a certification in effect under section
60105, as applicable, a copy of--
``(I) the distribution integrity management plan of the
operator;
``(II) the emergency response plan under section 192.615 of
title 49, Code of Federal Regulations (or a successor
regulation); and
``(III) the procedural manual for operations, maintenance,
and emergencies under section 192.605 of title 49, Code of
Federal Regulations (or a successor regulation).
``(ii) Updates.--Each operator of a distribution system
shall make available to the Secretary or make available for
inspection to the relevant State authority with a
certification in effect under section 60105, if applicable,
an updated plan or manual described in clause (i) by not
later than 60 days after the date of a significant update, as
determined by the Secretary.
``(iii) Applicability of foia.--Nothing in this subsection
shall be construed to authorize the disclosure of any
information that is exempt from disclosure under section
552(b) of title 5, United States Code.
[[Page S5344]]
``(D) Review of plans and documents.--
``(i) Timing.--
``(I) In general.--Not later than 2 years after the date of
promulgation of the regulations under subparagraph (A), and
not less frequently than once every 5 years thereafter, the
Secretary or relevant State authority with a certification in
effect under section 60105 shall review the distribution
integrity management plan, the emergency response plan, and
the procedural manual for operations, maintenance, and
emergencies of each operator of a distribution system and
record the results of that review for use in the next review
of the program of that operator.
``(II) Grace period.--For the third, fourth, and fifth
years after the date of promulgation of the regulations under
subparagraph (A), the Secretary--
``(aa) shall not use subclause (I) as justification to
reduce funding, decertify, or penalize in any way under
section 60105, 60106, or 60107 a State authority that has in
effect a certification under section 60105 or an agreement
under section 60106; and
``(bb) shall--
``(AA) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of
the House of Representatives a list of States found to be
noncompliant with subclause (I) during the annual program
evaluation; and
``(BB) provide a written notice to each State authority
described in item (aa) that is not in compliance with the
requirements of subclause (I).
``(ii) Review.--Each plan or procedural manual made
available under subparagraph (C)(i) shall be reexamined--
``(I) on significant change to the plans or procedural
manual, as applicable;
``(II) on significant change to the gas distribution system
of the operator, as applicable; and
``(III) not less frequently than once every 5 years.
``(iii) Context of review.--The Secretary may conduct a
review under clause (i) or (ii) as an element of the
inspection of the operator carried out by the Secretary.
``(iv) Inadequate programs.--If the Secretary determines
that the documents reviewed under clause (i) or (ii) do not
comply with the requirements of this chapter (including
regulations to implement this chapter), have not been
adequately implemented, or are inadequate for the safe
operation of a pipeline facility, the Secretary may conduct
proceedings under this chapter.''.
(b) Monitoring.--Section 60105(e) of title 49, United
States Code, is amended--
(1) in the second sentence, by striking ``A State
authority'' and inserting the following:
``(2) Cooperation.--A State authority with a certification
in effect under this section'';
(2) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(3) by adding at the end the following:
``(3) Audit program.--Not later than 2 years after the date
of enactment of this paragraph, the Secretary shall--
``(A) revise the State audit protocols and procedures to
update the annual State Program Evaluations carried out under
this subsection and section 60106(d) to ensure that a State
authority with a certification in effect under this section
has the capability to sufficiently review and evaluate the
adequacy of the plans and manuals described in section
60109(e)(7)(C)(i);
``(B) update the State Inspection Calculation Tool to take
into account factors including--
``(i) the number of miles of natural gas and hazardous
liquid pipelines in the State, including the number of miles
of cast iron and bare steel pipelines;
``(ii) the number of services in the State;
``(iii) the age of the gas distribution system in the
State; and
``(iv) environmental factors that could impact the
integrity of the pipeline, including relevant geological
issues; and
``(C) promulgate regulations to require that a State
authority with a certification in effect under this section
has a sufficient number of qualified inspectors to ensure
safe operations, as determined by the State Inspection
Calculation Tool and other factors determined to be
appropriate by the Secretary.''.
SEC. 203. EMERGENCY RESPONSE PLANS.
Section 60102 of title 49, United States Code (as amended
by section 114), is amended by adding at the end the
following:
``(r) Emergency Response Plans.--Not later than 2 years
after the date of enactment of this subsection, the Secretary
shall update regulations to ensure that each emergency
response plan developed by an operator of a distribution
system under section 192.615 of title 49, Code of Federal
Regulations (or a successor regulation), includes written
procedures for--
``(1) establishing communication with first responders and
other relevant public officials, as soon as practicable,
beginning from the time of confirmed discovery, as determined
by the Secretary, by the operator of a gas pipeline emergency
involving a release of gas from a distribution system of that
operator that results in--
``(A) a fire related to an unintended release of gas;
``(B) an explosion;
``(C) 1 or more fatalities; or
``(D) the unscheduled release of gas and shutdown of gas
service to a significant number of customers, as determined
by the Secretary;
``(2) establishing general public communication through an
appropriate channel--
``(A) as soon as practicable, as determined by the
Secretary, after a gas pipeline emergency involving a release
of gas that results in--
``(i) a fire related to an unintended release of gas;
``(ii) an explosion;
``(iii) 1 or more fatalities; or
``(iv) the unscheduled shutdown of gas service to a
significant number of customers, as determined by the
Secretary; and
``(B) that provides information regarding--
``(i) the emergency described in subparagraph (A); and
``(ii) the status of public safety; and
``(3) the development and implementation of a voluntary,
opt-in system that would allow operators of distribution
systems to rapidly communicate with customers in the event of
an emergency.''.
SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.
Section 60102 of title 49, United States Code (as amended
by section 203), is amended by adding at the end the
following:
``(s) Operations and Maintenance Manuals.--Not later than 2
years after the date of enactment of this subsection, the
Secretary shall update regulations to ensure that each
procedural manual for operations, maintenance, and
emergencies developed by an operator of a distribution
pipeline under section 192.605 of title 49, Code of Federal
Regulations (or a successor regulation), includes written
procedures for--
``(1) responding to overpressurization indications,
including specific actions and an order of operations for
immediately reducing pressure in or shutting down portions of
the gas distribution system, if necessary; and
``(2) a detailed procedure for the management of the change
process, which shall--
``(A) be applied to significant technology, equipment,
procedural, and organizational changes to the distribution
system; and
``(B) ensure that relevant qualified personnel, such as an
engineer with a professional engineer licensure, subject
matter expert, or other employee who possesses the necessary
knowledge, experience, and skills regarding natural gas
distribution systems, review and certify construction plans
for accuracy, completeness, and correctness.''.
SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committees on Transportation and
Infrastructure and Energy and Commerce of the House of
Representatives a report describing--
(1) the number of operators of natural gas distribution
systems who have implemented a pipeline safety management
system in accordance with the standard established by the
American Petroleum Institute entitled ``Pipeline Safety
Management System Requirements'' and numbered American
Petroleum Institute Recommended Practice 1173;
(2) the progress made by operators of natural gas
distribution systems who have implemented, or are in the
process of implementing, a pipeline safety management system
described in paragraph (1); and
(3) the feasibility of an operator of a natural gas
distribution system implementing a pipeline safety management
system described in paragraph (1) based on the size of the
operator as measured by--
(A) the number of customers the operator has; and
(B) the amount of natural gas the operator transports.
(b) Requirements.--As part of the report required under
subsection (a), the Secretary shall provide guidance or
recommendations that would further the adoption of safety
management systems in accordance with the standard
established by the American Petroleum Institute entitled
``Pipeline Safety Management System Requirements'' and
numbered American Petroleum Institute Recommended Practice
1173.
(c) Evaluation and Promotion of Safety Management
Systems.--The Secretary and the relevant State authority with
a certification in effect under section 60105 of title 49,
United States Code, as applicable, shall--
(1) promote and assess pipeline safety management systems
frameworks developed by operators of natural gas distribution
systems and described in the report under subsection (a),
including--
(A) if necessary, using independent third-party evaluators;
and
(B) through a system that promotes self-disclosure of--
(i) errors; and
(ii) deviations from regulatory standards; and
(2) if a deviation from a regulatory standard is identified
during the development and application of a pipeline safety
management system, certify that--
(A) due consideration will be given to factors such as
flawed procedures, honest mistakes, or lack of understanding;
and
(B) the operators and regulators use the most appropriate
tools to fix the deviation, return to compliance, and prevent
the recurrence of the deviation, including--
(i) root cause analysis; and
[[Page S5345]]
(ii) training, education, or other appropriate improvements
to procedures or training programs.
SEC. 206. PIPELINE SAFETY PRACTICES.
Section 60102 of title 49, United States Code (as amended
by section 204), is amended by adding at the end the
following:
``(t) Other Pipeline Safety Practices.--
``(1) Records.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall promulgate
regulations to require an operator of a distribution system--
``(A) to identify and manage traceable, reliable, and
complete records, including maps and other drawings, critical
to ensuring proper pressure controls for a gas distribution
system, and updating these records as needed, while
collecting and identifying other records necessary for risk
analysis on an opportunistic basis; and
``(B) to ensure that the records required under
subparagraph (A) are--
``(i) accessible to all personnel responsible for
performing or overseeing relevant construction or engineering
work; and
``(ii) submitted to, or made available for inspection by,
the Secretary or the relevant State authority with a
certification in effect under section 60105.
``(2) Presence of qualified employees.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall
promulgate regulations to require that not less than 1 agent
of an operator of a distribution system who is qualified to
perform relevant covered tasks (as defined in section
192.801(b) of title 49, Code of Federal Regulations (or a
successor regulation)) shall monitor gas pressure at the
district regulator station or at an alternative site with
equipment capable of ensuring proper pressure controls and
have the capability to promptly shut down the flow of gas or
control over pressurization at a district regulator station
during any construction project that has the potential to
cause a hazardous overpressurization at that station,
including tie-ins and abandonment of distribution lines and
mains, based on an evaluation, conducted by the operator, of
threats that could result in unsafe operation.
``(B) Exclusion.--In promulgating regulations under
subparagraph (A), the Secretary shall ensure that those
regulations do not apply to a district regulating station
that has a monitoring system and the capability for remote or
automatic shutoff.
``(3) District regulator stations.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall promulgate
regulations to require that each operator of a distribution
system assesses and upgrades, as appropriate, each district
regulator station of the operator to ensure that--
``(i) the risk of the gas pressure in the distribution
system exceeding, by a common mode of failure, the maximum
allowable operating pressure (as described in section 192.623
of title 49, Code of Federal Regulations (or a successor
regulation)) allowed under Federal law (including
regulations) is minimized;
``(ii) the gas pressure of a low-pressure distribution
system is monitored, particularly at or near the location of
critical pressure-control equipment;
``(iii) the regulator station has secondary or backup
pressure-relieving or overpressure-protection safety
technology, such as a relief valve or automatic shutoff
valve, or other pressure-limiting devices appropriate for the
configuration and siting of the station and, in the case of a
regulator station that employs the primary and monitor
regulator design, the operator shall eliminate the common
mode of failure or provide backup protection capable of
either shutting the flow of gas, relieving gas to the
atmosphere to fully protect the distribution system from
overpressurization events, or there must be technology in
place to eliminate a common mode of failure; and
``(iv) if the Secretary determines that it is not
operationally possible for an operator to implement the
requirements under clause (iii), the Secretary shall require
such operator to identify actions in their plan that minimize
the risk of an overpressurization event.''.
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