[Congressional Record (Bound Edition), Volume 146 (2000), Part 12]
[Senate]
[Pages 16715-16716]
[From the U.S. Government Publishing Office, www.gpo.gov]



                   THE NEED FOR PIPELINE LEGISLATION

  Mr. GORTON. Mr. President, on June 15, under the leadership of 
Chairman McCain, the Senate Commerce Committee passed a bill 
reauthorizing and amendment the Pipeline Safety Act. This bill is, in 
my view, the single most important piece of legislation the committee 
will address this session. Following a June 10, 1999, accident in 
Bellingham, WA, that killed three children, blackened a magnificent 
city park, and sent shock waves through the community and State, 
Senator Murray and I have been working in front of and behind the 
scenes to see the Federal law regulating the operation of pipelines is 
changed: that communities and citizens are better informed about 
pipelines; that States can obtain a clear role in the oversight of 
interstate pipelines; that the Federal Office of Pipeline Safety adopts 
more meaningful safety standards; and that funding is increased for 
Federal and State pipeline safety operations.
  While we are well on our way to accomplishing this last goal--the 
Senate has provided a significant increase in funding for the Office of 
the Pipeline Safety, and I have earmarked matching Federal funds for 
Washington State to supplement the funds appropriated by the State 
legislature for expanded safety activities--securing passage of the 
authorizing legislation has proven more difficult. I come to the floor 
to tell my colleagues that I will not rest in seeking the enactment of 
meaningful legislation this year. I am by nature a determined man, and 
my resolve on this issue has been strengthened by the example set by 
the Mayor of Bellingham, whose interest in this matter has not been 
half-hearted or expedient, but who has devoted and continues to devote 
time, resources, and thought to what we can do to make pipelines safer. 
I am committed to seeing that his efforts and my own are not in vain.
  The bill that passed the Commerce Committee is a good one. It makes 
meaningful changes in Federal law. S. 2438 requires the Federal Office 
of Pipeline Safety to implement the recommendations of the Inspector 
General of the Department of Transportation by completing rulemakings 
that are long overdue, collecting better information to determine the 
causes of pipeline accidents, and providing better training to OPS 
inspectors. It accelerates the deadline for operators to prepare plans 
for training and qualifying their employees. It requires that 
information about pipeline incidents and safety-related conditions be 
made available to the public and that operators work with local 
communities to educate them about the location and risks of pipelines 
and what to do in case of an accident. The bill increases fines for 
violations, and explicitly provides a role for States in the oversight 
of interstate pipelines. It provides more funding for the Office of 
Pipeline Safety and direction on areas of research and development to 
focus on to improve safety.
  In addition, the bill imposes on operators of pipelines of any 
length--not just longer pipelines as suggested by the administration--
an obligation to conduct risk analyses and to adopt integrity 
management plans for high consequence areas--plans that provide for 
periodic assessments of pipelines' integrity. S. 2438 ensures that OPS 
will have easier access to operator information, and lowers the liquid 
spill reporting threshold to 5 gallons. It creates a

[[Page 16716]]

national database of pipeline events and conditions. The bill contains 
protections for whistle blowers. Significantly, the bill also 
authorizes the Secretary to create a pilot program for State safety 
advisory committees to allow for meaningful citizen input into safety 
issues of local and State concern, and to monitor the performance of 
the Office of Pipeline Safety.
  The bill, in summary, substantially improves current law. 
Unfortunately, in its current form, I am told, the bill will be stopped 
by a pipeline industry that can prevent its passage by getting any 
single Member to place a ``hold'' on the bill once the committee report 
is filed. At another time, however, when the Senate is able to debate 
the measure, the reforms could be much less palatable to industry. It 
has already been over a year since the fatal accident in Bellingham, 
and the public should not have to wait longer for improvements to the 
federal pipeline law.
  While I led the effort to defeat amendments offered in the Commerce 
Committee that I thought undermined this legislation, I recognized 
then, as I do now, that some of the issues raised by industry should be 
and must be addressed if we are to enact legislation this year.
  I have tried, since the committee passed the bill, to understand and 
address industry concerns in a reasonable manner. While I think we are 
getting close on a number of issues, I am growing impatient, 
particularly with the industry's continued opposition to allowing State 
and local input on pipeline safety issues of local concern. At some 
point--and this point will come very soon after our return from the 
August recess--I will ask my colleagues, one by one if necessary, to 
join me in voting for S. 2438 and a sound manager's amendment. I trust 
by that time they will be satisfied that the pipeline industry has had 
a fair opportunity to work out a reasonable compromise and that the 
time has come for Congress to act in the interest of all Americans.

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