HR 2845 RDS

IN THE SENATE OF One Hundred Twelfth Congress CommentsClose CommentsPermalink

of theCommentsClose CommentsPermalink

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United States of AmericaCommentsClose CommentsPermalink

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AT THE UNITED STATES

December 13, 2011

Received

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AN ACT

To amend title 49, United States FIRST SESSIONCommentsClose CommentsPermalink

Begun and held at the City of Washington on Wednesday,CommentsClose CommentsPermalink

the fifth day of January, two thousand and elevenCommentsClose CommentsPermalink

An ActCommentsClose CommentsPermalink

To amend title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, to provide for enhanced reliability in the transportation of the Nation’s energy products by pipeline, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE; DEFINITIONS; TABLE OF CONTENTS.CommentsClose CommentsPermalink

(a) Short Title- This Act may be cited as the ‘Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011’.CommentsClose CommentsPermalink





(b) Amendment of Title 49, United States Code- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.CommentsClose CommentsPermalink





(c) Definitions-CommentsClose CommentsPermalink





A(1) APPLICABILITY OF CHAPTER 601 DEFINITIONS- In this Act, any term used in this Act that is defined in chapter 601 of title 49, United States Code, shall havehas the meaning given that term in that chapter.CommentsClose CommentsPermalink





(2) HIGH-CONSEQUENCE AREA- In this Act, the term ‘high-consequence area’ means an area described in section 60109(a) of title 49, United States Code.CommentsClose CommentsPermalink





(d) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; amendment of title 49, United States Code; definitions; table of contents.CommentsClose CommentsPermalink





Sec. 2. Civil penalties.CommentsClose CommentsPermalink





Sec. 3. Pipeline damage prevention.CommentsClose CommentsPermalink





Sec. 4. Automatic and remote-controlled shut-off valves.CommentsClose CommentsPermalink





Sec. 5. Integrity management.CommentsClose CommentsPermalink





Sec. 6. Public education and awareness.CommentsClose CommentsPermalink





Sec. 7. Cast iron gas pipelines.CommentsClose CommentsPermalink





Sec. 8. Leak detection.CommentsClose CommentsPermalink





Sec. 9. Accident and incident notification.CommentsClose CommentsPermalink





Sec. 10. Transportation-related onshore facility response plan compliance.CommentsClose CommentsPermalink





Sec. 11. Pipeline infrastructure data collection.CommentsClose CommentsPermalink





Sec. 12. Transportation-related oil flow lines.CommentsClose CommentsPermalink





Sec. 123. Cost recovery for design reviews.CommentsClose CommentsPermalink





Sec. 13. Biofuel pipelines.Sec. 14. Carbon dioxideBiofuel pipelines.CommentsClose CommentsPermalink





Sec. 15. Carbon dioxide pipelines.CommentsClose CommentsPermalink





Sec. 16. Study of transportation of diluted bitumen.CommentsClose CommentsPermalink





Sec. 167. Study of non-petroleum hazardous liquids transported by pipeline.CommentsClose CommentsPermalink





Sec. 178. Clarifications.CommentsClose CommentsPermalink





Sec. 189. Maintenance of effort.CommentsClose CommentsPermalink





Sec. 1920. Administrative enforcement process.CommentsClose CommentsPermalink





Sec. 201. Gas and hazardous liquid gathering lines.CommentsClose CommentsPermalink





Sec. 212. Excess flow valves.CommentsClose CommentsPermalink





Sec. 23. Maximum allowable operating pressure.CommentsClose CommentsPermalink





Sec. 24. Limitation on incorporation of documents by reference.CommentsClose CommentsPermalink





Sec. 25. Pipeline safety training for State and local government personnel.CommentsClose CommentsPermalink





Sec. 26. Report on minority-owned, woman-owned, and disadvantaged businesses.CommentsClose CommentsPermalink





Sec. 27. Report on pipeline projects.CommentsClose CommentsPermalink





Sec. 28. Cover over buried pipelines.CommentsClose CommentsPermalink





Sec. 29. Seismicity.CommentsClose CommentsPermalink





Sec. 30. Tribal consultation for pipeline projects.CommentsClose CommentsPermalink





Sec. 31. Pipeline inspection and enforcement needs.CommentsClose CommentsPermalink





Sec. 32. Authorization of appropriations.CommentsClose CommentsPermalink

SEC. 2. CIVIL PENALTIES.CommentsClose CommentsPermalink

(a) General Penalties; Penalty Considerations- Section 60122 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)--CommentsClose CommentsPermalink





(A) in the first sentence by striking ‘$100,000’ and inserting ‘$175200,000’; andCommentsClose CommentsPermalink





(B) in the last sentence by striking ‘$1,000,000’ and inserting ‘$1,752,000,000’; andCommentsClose CommentsPermalink





(2) in subsection (b)(1)(B) by striking ‘the ability to pay,’.CommentsClose CommentsPermalink





(b) Operator Assistance in Investigations- Section 60118(e) is amended to read as follows:CommentsClose CommentsPermalink





‘(e) Operator Assistance in Investigations-CommentsClose CommentsPermalink





‘(1) ASSISTANCE AND ACCESS- If the Secretary or the National Transportation Safety Board investigates an accident or incident involving a pipeline facility, the operator of the facility shall--CommentsClose CommentsPermalink





‘(A) make available to the Secretary or the Board all records and information that in any way pertain to the accident (or incident, including integrity management plans and test results); andCommentsClose CommentsPermalink





‘(B) afford all reasonable assistance in the investigation of the accident or incident.CommentsClose CommentsPermalink





‘(2) OPERATOR ASSISTANCE IN INVESTIGATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary may impose a civil penalty under section 60122 on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under this chapter.CommentsClose CommentsPermalink





‘(B) DEFINITIONSOBSTRUCTS DEFINED-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In this paragraph, the following definitions apply:‘(i) OBSTRUCTS- The term ‘obstructs’ includes actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation without good cause.CommentsClose CommentsPermalink





‘(ii) GOOD CAUSE- TIn clause (i), the term ‘good cause’ includes, at a minimum,may include actions such as restricting access to facilities that are not secure or safe for non-pipeline personnel or visitors.’.CommentsClose CommentsPermalink





(c) Administrative Penalty Caps Inapplicable- Section 60120(a)(1) is amended by adding at the end the following: ‘The maximum amount of civil penalties for administrative enforcement actions under section 60122 shall not apply to enforcement actions under this section.’.CommentsClose CommentsPermalink





(d) Judicial Review of Administrative Enforcement Orders- Section 60119(a) is amended--CommentsClose CommentsPermalink





(1) in the subsection heading by striking ‘and Waiver Orders’ and inserting ‘, Orders, and Other Final Agency Actions’; andCommentsClose CommentsPermalink





(2) by striking ‘about an application for a waiver under section 60118(c) or (d) of this title’ and inserting ‘under this chapter’.CommentsClose CommentsPermalink

SEC. 3. PIPELINE DAMAGE PREVENTION.CommentsClose CommentsPermalink

(a) Minimum Standards for State One-Call Notification Programs- Section 6103(a) is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Minimum Standards-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for--CommentsClose CommentsPermalink





‘(A) appropriate participation by all underground facility operators, including all government operators;CommentsClose CommentsPermalink





‘(B) appropriate participation by all excavators, including all government and contract excavators; andCommentsClose CommentsPermalink





‘(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.CommentsClose CommentsPermalink





‘(2) EXEMPTIONS PROHIBITED- In order to qualify for a grant under section 6106, a State one-call notification program may not exempt municipalities, State agencies, or their contractors from itsthe one-call notification system requirements of the program.’.CommentsClose CommentsPermalink





(b) State Damage Prevention Programs- Section 60134(a) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (2)(B) by striking ‘(b).’ and inserting ‘(b); and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) does not provide any exemptions to municipalities, State agencies, or their contractors from itsthe one-call notification system requirements of the program.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink





(d) Third PartyExcavation Damage-CommentsClose CommentsPermalink





(1) STUDY- The Secretary of Transportation shall conduct a study on the impact of third partyexcavation damage on pipeline safety.CommentsClose CommentsPermalink





(2) CONTENTS- The study shall include--CommentsClose CommentsPermalink





(A) an analysis of the frequency and severity of different types of third partyexcavation damage incidents;CommentsClose CommentsPermalink





(B) an analysis of exemptions to the one-call notification system requirements in each State;CommentsClose CommentsPermalink





(C) a comparison of exemptions to the one-call notification system requirements in each State to the types of third partyexcavation damage incidents in that State; andCommentsClose CommentsPermalink





(D) an analysis of the potential safety benefits and adverse consequences of eliminating all exemptions for mechanized excavation from State one-call notification systems.CommentsClose CommentsPermalink





(3) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the House of Representatives Committee on Transportation and Infrastructure andCommittee on Transportation and Infrastructure and the Committee on Energy and Commerce and the Senatof the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.CommentsClose CommentsPermalink

SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.CommentsClose CommentsPermalink

Section 60102 is amended--CommentsClose CommentsPermalink





(1) by striking subsection (j)(3); andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(n) Automatic and Remote-Controlled Shut-Ooff Valves for New Transmission Pipelines-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary may require by regulationNot later than 2 years after the date of enactment of this subsection, and after considering the factors specified in subsection (b)(2), the Secretary, if determined appropriate by the Secretary,appropriate, shall require by regulation the use of automatic or remote-controlled shut-off valves, or equivalent technology, where economically, technically, and operationally feasible on transmission pipeline facilities constructed or entirely replaced after the date on which the Secretary issues the final rule containing such requirement.CommentsClose CommentsPermalink





‘(2) FACTORS FOR CONSIDERATION- In determining whether to proceed with a rulemaking under paragraph (1), the Secretary shall HIGH-CONSEQUENCE AREA STUDY-CommentsClose CommentsPermalink





‘(A) STUDY- The Comptroller General of the United States shall conduct a study on the ability of transmission pipeline facility operators to respond to a hazardous liquid or gas release from a pipeline segment located in a high-consequence area.CommentsClose CommentsPermalink





‘(B) CONSIDERATIONS- In conducting the study, the Comptroller General shall consider the factors specified in subsection (b)(2)swiftness of leak detection and pipeline shutdown capabilities, the location of the nearest response personnel, and the costs, risks, and benefits of installing automatic and remote-controlled shut-off valves.CommentsClose CommentsPermalink





‘(C) REPORT- Not later than 1 year after the date of enactment of this subsection, the Comptroller General 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 results of the study.’.CommentsClose CommentsPermalink

SEC. 5. INTEGRITY MANAGEMENT.CommentsClose CommentsPermalink

(a) Evaluation- Not later than 2 year18 months after the date of enactment of this Act, the Secretary of Transportation shall evaluate--CommentsClose CommentsPermalink





(1) whether integrity management system requirements, or elements thereof, should be expanded beyond high -consequence areas; andCommentsClose CommentsPermalink





(2) with respect to gas transmission pipeline facilities, whether applying integrity management program requirements, or elements thereof, to additional areas would mitigate the need for class location requirements.CommentsClose CommentsPermalink





(b) Repair CriteriaFactors- In conducting the evaluation under subsection (a), the Secretary shall consider, at a minimum, the following:CommentsClose CommentsPermalink





(1) The continuing priority to enhance protections for public safety.CommentsClose CommentsPermalink





(2) The continuing importance of reducing risk in high-consequence areas.CommentsClose CommentsPermalink





(3) The incremental costs of applying integrity management standards to pipelines outside of high-consequence areas where operators are already conducting assessments beyond what is required under chapter 601 of title 49, United States Code.CommentsClose CommentsPermalink





(4) The need to undertake integrity management assessments and repairs in a manner that is achievable and sustainable, and that does not disrupt pipeline service.CommentsClose CommentsPermalink





(5) The options for phasing in the extension of integrity management requirements beyond high-consequence areas, including the most effective and efficient options for decreasing risks to an increasing number of people living or working in proximity to pipeline facilities.CommentsClose CommentsPermalink





(6) The appropriateness of applying repair criteria, such as pressure reductions and special requirements for scheduling remediation, to areas that are not high -consequence areas.CommentsClose CommentsPermalink





(c) Report- Based on the evaluation to be conducted under subsection (a), the Secretary shall submit to the House of Representatives Committee on Transportation and Infrastructure andNot 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 and the Senatof the House of Representatives and the Committee on Commerce, Science, and Transportation a reportof the Senate a report, based on the evaluation conducted under subsection (a), containing the Secretary’s analysis and findings regarding--CommentsClose CommentsPermalink





(1) expansion of integrity management requirements, or elements thereof, beyond high -consequence areas; andCommentsClose CommentsPermalink





(2) with respect to gas transmission pipeline facilities, whether applying the integrity management program requirements, or elements thereof, to additional areas would mitigate the need for class location requirements.CommentsClose CommentsPermalink





(d) Data Reporting- The Secretary shall collect any relevant data necessary to complete the evaluation required by subsection (a).CommentsClose CommentsPermalink





(e) Technical Correction- Section 60109(c)(3)(B) is amended to read as follows:CommentsClose CommentsPermalink





‘(B) Subject to paragraph (5), periodic reassessments of the facility, at a minimum of once every 7 calendar years, using methods described in subparagraph (A). Such deadline shall be extendedThe Secretary may extend such deadline for an additional 6 months if the operator submits written notice to the Secretary that includes an explanwith sufficient justification of the need for the extension.’.CommentsClose CommentsPermalink





(f) Rulemaking Requirements-CommentsClose CommentsPermalink





(1) REVIEW PERIOD DEFINED- In this subsection, the term ‘review period’ means the period beginning on the date of enactment of this Act and ending on the earlier of--CommentsClose CommentsPermalink





(A) the date that is 1 year after the date of completion of the report under subsection (c); orCommentsClose CommentsPermalink





(B) the date that is 3 years after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) CONGRESSIONAL AUTHORITY- In order to provide Congress the necessary time to review the results of the report required by subsection (c) and implement appropriate recommendations, the Secretary shall not, during the review period, proceed with a rulemaking to prescribe regulations described in paragraph (3issue final regulations described in paragraph (3)(B).CommentsClose CommentsPermalink





(3) STANDARDS-CommentsClose CommentsPermalink





Following the review period, the Secretary may, as appropriate, prescribe regulations that--(A) (A) FINDINGS- As soon as practicable following the review period, the Secretary shall issue final regulations described in subparagraph (B), if the Secretary finds, in the report required under subsection (c), that-- CommentsClose CommentsPermalink





(i) integrity management system requirements, or elements thereof, should be expanded beyond high-consequence areas; andCommentsClose CommentsPermalink





(ii) with respect to gas transmission pipeline facilities, applying integrity management program requirements, or elements thereof, to additional areas would mitigate the need for class location requirements.CommentsClose CommentsPermalink





(B) REGULATIONS- Regulations issued by the Secretary under subparagraph (A), if any, shall--CommentsClose CommentsPermalink





(i) expand integrity management system requirements, or elements thereof, beyond high -consequence areas; andCommentsClose CommentsPermalink





(Bii) remove redundant class location requirements for gas transmission pipeline facilities that are regulated under an integrity management program adopted and implemented under section 60109(c)(2) of title 49, United States Code.CommentsClose CommentsPermalink





(4) SAVINGS CLAUSE-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding any other provision of this subsection, the Secretary, during the review period, may proceed to a rulemaking to prescribe regulations described in paragraph (3), and may prescribe the regulationsissue final regulations described in paragraph (3)(B), if the Secretary determines that a condition that poses a risk to public safety, property, or the environment is present or an imminent hazard exists and that the rulemaking egulations will address the risk or hazard.CommentsClose CommentsPermalink





(B) IMMINENT HAZARD DEFINED- In subparagraph (A), the term ‘imminent hazard’ means the existence of a condition related to pipelines or pipeline operations that presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur.CommentsClose CommentsPermalink





(g) Report to Congress on Risk-Based Pipeline Reassessment Intervals- Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall evaluate--CommentsClose CommentsPermalink





(1) whether risk-based reassessment intervals are a more effective alternative for managing risks to pipelines in high-consequence areas once baseline assessments are complete when compared to a 7-yearthe reassessment interval specified in section 60109(c)(3)(B) of title 49, United States Code;CommentsClose CommentsPermalink





(2) the number of anomalies found in baseline assessments required under section 60109(c)(3)(A) of title 49, United States Code, as compared to the number of anomalies found in reassessments required under section 60109(c)(3)(B) of such title; andCommentsClose CommentsPermalink





(3) the progress made in incorporamplementing the recommendations in GAO Report 06-945 and the current relevance of recommendations not incorporated to date.(h) High Consequence Area Defined- In this section, the term ‘high consequence area’ means an area described in section 60109(a) of title 49, United States Codethose recommendations that have not been implemented.CommentsClose CommentsPermalink

SEC. 6. PUBLIC EDUCATION AND AWARENESS.CommentsClose CommentsPermalink

(a) National Pipeline Mapping System-

(1) MAP OF HIGH CONSEQUENCE AREAS- The Secretary of Transportation shall--

(A) Section 60132 is amended by adding at the end the following:CommentsClose CommentsPermalink




‘(d) Map of High-consequence Areas- The Secretary shall--CommentsClose CommentsPermalink





‘(1) maintain, as part of the National Pipeline Mapping System, a map of all designated high designated high-consequence areas (as described in section 60109(a) of title 49, United States Code) in which pipelines are required to meet integrity management safetyprogram regulations, excluding any proprietary or sensitive security information; andCommentsClose CommentsPermalink





(B‘(2) update the map biennially.CommentsClose CommentsPermalink





(2) PROGRAM TO PROMOTE AWARENESS OF NATIONAL PIPELINE MAPPING SYSTEM‘(e) Program To Promote Awareness of National Pipeline Mapping System- Not later than 1 year after the date of enactment of this Actsubsection, the Secretary shall develop and implement a program promoting greater awareness of the existence of the National Pipeline Mapping System to State and local emergency responders and other interested parties. The program shall include guidance on how to use the National Pipeline Mapping System to locate pipelines in communities and local jurisdictions.’.CommentsClose CommentsPermalink





(b) Information to Emergency Response Agencies-CommentsClose CommentsPermalink





(1) GUIDANCE- Not later than 18 months after the date of enactment of this Act, the Secretary shall issue guidance to owners and operators of pipeline facilities on the importance of providing system-specific information about their pipeline facilities to emergency response agencies of the communities and jurisdictions in which those facilities are located.CommentsClose CommentsPermalink





(2) CONSULTATION- Before issuing guidance under paragraph (1), the Secretary shall consult with owners and operators of pipeline facilities to determine the extent to which the owners and operators are already providing system-specific information about their pipeline facilities to emergency response agencies.CommentsClose CommentsPermalink





(c) Response Plans-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 601 is amended by adding at the end the following:CommentsClose CommentsPermalink

SEC. 7. CAST IRON GAS PIPELINES.CommentsClose CommentsPermalink

(a) Follow-Up Surveys- Section 60108(d) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) Not later than December 31, 2012, and every 2 years thereafter, the Secretary shall conduct a follow-up survey to measure the progress that owners and operators of pipeline facilities have made in adopting and implementing their plans for the safe management and replacement of cast iron gas pipelines.’.CommentsClose CommentsPermalink





(b) Status Report- Not later than December 31, 2013, the Secretary of Transportation shall transmit to the House of Representatives Committee on Transportation and Infrastructure and the Committee on Energy and Commerce and the Senatof the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that--CommentsClose CommentsPermalink





(1) identifies the total mileage of cast iron gas pipelines in the United States; andCommentsClose CommentsPermalink





(2) evaluates the progress that owners and operators of pipeline facilities have made in implementing their plans for the safe management and replacement of cast iron gas pipelines.CommentsClose CommentsPermalink

SEC. 8. LEAK DETECTION.CommentsClose CommentsPermalink

(a) Leak Detection Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to the Senate Committee on Committee on Commerce, Science, and Transportation and the House of Representatives Committeeof the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives a report on leak detection systems utilized by operators of hazardous liquid pipeline facilities and transportation-related flow lines.CommentsClose CommentsPermalink





(2) CONTENTS- The report shall include--CommentsClose CommentsPermalink





(A) an analysis of the technical limitations of current leak detection systems, including the systems’ abilityability of the systems to detect ruptures and small leaks that are ongoing or intermittent, and what can be done to foster development of better technologies; andCommentsClose CommentsPermalink





(B) an analysis of the feasipracticability of establishing technically, operationally, and economically feasible standards for the capability of such systems to detect leaks, and the safety benefits and adverse consequences of requiring operators to use leak detection systems.CommentsClose CommentsPermalink





(b) Rulemaking Requirements-CommentsClose CommentsPermalink





(1) REVIEW PERIOD DEFINED- In this subsection, the term ‘review period’ means the period beginning on the date of enactment of this Act and ending on the earlier of--CommentsClose CommentsPermalink





(A) the date that is 1 year after the date of completion of the report under subsection (a); orCommentsClose CommentsPermalink





(B) the date that is 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) CONGRESSIONAL AUTHORITY- In order to provide Congress the necessary time to review the results of the report required by subsection (a) and implement appropriate recommendations, the Secretary shall not, during the review period, proceed with a rulemaking to prescribeshall not issue final regulations described in paragraph (3).CommentsClose CommentsPermalink





(3) STANDARDS- Following the review period, the Secretary may, as appropriate, prescribe regulations that--(A)As soon as practicable following the review period, if the report required by subsection (a) finds that it is practicable to establish technically, operationally, and economically feasible standards for the capability of leak detection systems to detect leaks, the Secretary shall issue final regulations that--CommentsClose CommentsPermalink





(A) require operators of hazardous liquid pipeline facilities to use leak detection systems where practicable; andCommentsClose CommentsPermalink





(B) establish technically, operationally, and economically feasible standards for the capability of such systems to detect leaks.CommentsClose CommentsPermalink





(4) SAVINGS CLAUSE-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding any other provision of this subsection, the Secretary, during the review period, may proceed to a rulemaking to prescribe regulations described in paragraph (3), and may prescribe the regulations,issue final regulations described in paragraph (3) if the Secretary determines that a condition that poses a risk to public safety, property, or the environment is present or an imminent hazard exists and that the rulemaking egulations will address the risk or hazard.CommentsClose CommentsPermalink





(B) IMMINENT HAZARD DEFINED- In subparagraph (A), the term ‘imminent hazard’ means the existence of a condition related to pipelines or pipeline operations that presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur.CommentsClose CommentsPermalink

SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.CommentsClose CommentsPermalink

(a) Revision of Regulations- Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall revise regulations issued under sections 191.5 and 195.52 of title 49, Code of Federal Regulations, to establish specific time limits for telephonic or electronic notice of accidents and incidents involving pipeline facilities to the Secretary and the National Response Center.CommentsClose CommentsPermalink





(b) Minimum Requirements- In revising the regulations, the Secretary, at a minimum, shall--CommentsClose CommentsPermalink





(1) establish time limits for telephonic or electronic notification of an accident or incident to require such notification not less than 1 hour and not more than 2 hours after discovery of theat the earliest practicable moment following confirmed discovery of an accident or incident and not later than 1 hour following the time of such confirmed discovery;CommentsClose CommentsPermalink





(2) review procedures for owners and operators of pipeline facilities and the National Response Center to provide thorough and coordinated notification to all relevant State and local emergency response officials, including 911 emergency call centers, for the jurisdictions in which those pipeline facilities are located in the event of an accident or incident, and revise such procedures as appropriate; andCommentsClose CommentsPermalink





(3) require such owners and operators to revise their initial telephonic or electronic notice to the Secretary and the National Response Center with an estimated of the amount of the product released, an estimated of the number of fatalities and injuries, if any, and any other information determined appropriate by the Secretary within 24 to 48 hours of the accident or incident, to the extent practicable.CommentsClose CommentsPermalink





(c) Updating of Reports- After receiving revisions described in subsection (b)(3), the National Response Center shall update the initial report on an accident or incident instead of generating a new report.CommentsClose CommentsPermalink





SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN COMPLIANCE.CommentsClose CommentsPermalink





(a) In General- Subparagraphs (A) and (B) of section 311(m)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each amended by striking ‘Administrator or’ and inserting ‘Administrator, the Secretary of Transportation, or’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 311(b)(6)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by striking ‘operating or’ and inserting ‘operating, the Secretary of Transportation, or’.CommentsClose CommentsPermalink





SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION.CommentsClose CommentsPermalink





(a) In General- Section 60132(a) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) Any other geospatial or technical data, including design and material specifications, that the Secretary determines are necessary to carry out the purposes of this section. The Secretary shall give reasonable notice to operators that the data are being requested.’.CommentsClose CommentsPermalink





(b) Disclosure Limited to FOIA Requirements- Section 60132, as amended by this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Public Disclosure Limited- The Secretary may not disclose information collected pursuant to subsection (a) except to the extent permitted by section 552 of title 5.’.CommentsClose CommentsPermalink





SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES.CommentsClose CommentsPermalink





Section 60102, as amended by this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(o) Transportation-Related Oil Flow Lines-CommentsClose CommentsPermalink





‘(1) DATA COLLECTION- The Secretary may collect geospatial or technical data on transportation-related oil flow lines, including unregulated transportation-related oil flow lines.CommentsClose CommentsPermalink





‘(2) TRANSPORTATION-RELATED OIL FLOW LINE DEFINED- In this subsection, the term ‘transportation-related oil flow line’ means a pipeline transporting oil off of the grounds of the well where it originated and across areas not owned by the producer, regardless of the extent to which the oil has been processed, if at all.CommentsClose CommentsPermalink





‘(3) LIMITATION- Nothing in this subsection authorizes the Secretary to prescribe standards for the movement of oil through production, refining, or manufacturing facilities, or through oil production flow lines located on the grounds of wells.’.CommentsClose CommentsPermalink





SEC. 12SEC. 13. COST RECOVERY FOR DESIGN REVIEWS.CommentsClose CommentsPermalink





(a) In General- Section 60117(n) is amended to read as follows:CommentsClose CommentsPermalink





‘(n) Cost Recovery for Design Reviews-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) REVIEW COSTS- For any project described in subparagraph (B), if the Secretary conducts facility design safety reviews in connection with a proposal to construct, expand, or operate a new gas or hazardous liquid pipeline facility or liquefied natural gas pipeline facility, the Secretary mayincluding construction inspections and oversight, the Secretary may require the person proposing the project to pay the costs incurred by the Secretary relating to such reviews. If the Secretary exercises the cost recovery authority described in this subsectionparagraph, the Secretary shall prescribe a fee structure and assessment methodology that is based on the costs of providing these reviews and shall prescribe procedures to collect fees under this subsection. The Secretary shallparagraph. The Secretary may not collect design safety review fees under this chapterparagraph and section 60301 for the same design safety review.CommentsClose CommentsPermalink





‘(B) PROJECTS TO WHICH APPLICABLE- Subparagraph (A) applies to any project that--CommentsClose CommentsPermalink





‘(i) has design and construction costs totaling at least $3,400,000,000, as adjusted for inflation, based on2,500,000,000, as periodically adjusted by the Secretary to take into account increases in the Consumer Price Index for all-urban consumers published by the Department of Labor, based on--CommentsClose CommentsPermalink





‘(I) the cost estimate provided to the Federal Energy Regulatory Commission in an application for a certificate of public convenience and necessity for a gas pipeline facility or an application for authorization for a liquefied natural gas pipeline facility; orCommentsClose CommentsPermalink





‘(II) a good faith estimate developed by the person proposing the projecta hazardous liquid pipeline facility and submitted to the Secretary; orCommentsClose CommentsPermalink





‘(ii) uses new or novel technologies or design.‘(2) , as determined by the Secretary.CommentsClose CommentsPermalink





‘(2) NOTIFICATION- For any new pipeline facility construction project forin which the Secretary will conduct design reviews, the person proposing the project shall notify the Secretary and provide the design specifications, construction plans and procedures, and related materials at least 120 days prior to the commencement of construction. If the Secretary determines that the proposed design of the project is inconsistent with pipeline safety, the Secretary shall provide written comments, feedback, and guidance on the project on or before the 60th day following the date of receipt of theTo the maximum extent practicable, not later than 90 days after receiving such design specifications, construction plans and procedures, and related materials for, the Secretary shall provide written comments, feedback, and guidance on the project.CommentsClose CommentsPermalink





‘(3) PIPELINE SAFETY DESIGN REVIEW FUND-CommentsClose CommentsPermalink





‘(A) ESTABLISHMENT- There is established a Pipeline Safety Design Review Fund in the Treasury of the United States.CommentsClose CommentsPermalink





‘(B) DEPOSITS- The Secretary shall deposit funds paid under this subsection into the Fund.CommentsClose CommentsPermalink





‘(C) USE- Amounts in the Fund shall be available to the Secretary, in amounts specified in appropriations Acts, to offset the costs of conducting facility design safety reviews under this subsection.CommentsClose CommentsPermalink





‘(4) NO ADDITIONAL PERMITTING AUTHORITY- Nothing in this subsection shallmay be construed as authorizing the Secretary to require a person to obtain a permit before beginning design and construction in connection with a project described in paragraph (1)(B).’.CommentsClose CommentsPermalink





(b) Guidance- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue guidance to clarify the meaning of the term ‘new or novel technologies or design’ as used in section 60117(n) of title (1)(B)(ii) of title 49, United States Code, as amended by subsection (a) of this section.CommentsClose CommentsPermalink





SEC. 13SEC. 14. BIOFUEL PIPELINES.CommentsClose CommentsPermalink





Section 60101(a)(4) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(2) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) non-petroleum fuels, including biofuels, that arepetroleum fuel, including biofuel, that is flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities; and’.CommentsClose CommentsPermalink





SEC. 14SEC. 15. CARBON DIOXIDE PIPELINES.CommentsClose CommentsPermalink





Section 60102(i) is amended to read as follows:

‘(i) Pipelines Transporting Carbon Dioxide-

‘(1--CommentsClose CommentsPermalink




(1) by striking ‘The Secretary shall regulate’ and inserting the following:CommentsClose CommentsPermalink





‘(1) TRANSPORTATION IN LIQUID STATE- The Secretary shall regulate’.CommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) TRANSPORTATION IN GASEOUS STATE-CommentsClose CommentsPermalink





‘(A) MINIMUM SAFETY STANDARDS- The Secretary shall prescribe minimum safety standards for the transportation of carbon dioxide by pipeline in a gaseous state.CommentsClose CommentsPermalink





‘(2) STANDARDS APPLICABLE TO CERTAIN PIPELINES- For pipelines that transport carbon dioxide in both a liquid and gaseous state, the Secretary shall apply standards,B) CONSIDERATIONS- In establishing the standards, the Secretary shall consider whether applying the minimum safety standards in part 195 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011is paragraph, for the transportation of carbon dioxide by pipeline in a liquid state to the transportation of carbon dioxide by pipeline in a gaseous state would ensure safety.CommentsClose CommentsPermalink





‘(3) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection authorizes the Secretary to regulate piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide or the preparation of carbon dioxide for transportation by pipeline at production, refining, or manufacturing facilities.’.CommentsClose CommentsPermalink





SEC. 15SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.CommentsClose CommentsPermalink





Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall complete a comprehensive review of hazardous liquid pipeline facility regulations to determine whether these regulations are regulations are sufficient to regulate pipeline facilities used for the transportation of diluted bitumen. In conducting thise review, the Secretary shall conduct an analysis of whether any increase in risk ofthe risk of a release exists for pipeline facilities transporting diluted bitumen. The Secretary shall report the results of this review to the Senate review to the Committee on Commerce, Science, and Transportation and the House of Representatives Committeeof the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce.SEC. 16 of the House of Representatives.CommentsClose CommentsPermalink





SEC. 17. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY PIPELINE.CommentsClose CommentsPermalink





The Secretary of Transportation may conduct an analysis of the transportation of non-petroleum hazardous liquids by pipeline facility for the purpose of identifying the extent to which pipeline facilities are currently being used to transport non-petroleum hazardous liquids, such as chlorine, from chemical production facilities across land areas not owned by the producer that are accessible to the public. The analysis should identify the extent to which the safety of the pipeline facilities is unregulated by the States and evaluate whether the transportation of such chemicals by pipeline facility across areas accessible to the public would present significant risks to public safety, property, or the environment in the absence of regulation. The results of the analysis shall be made available to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committeeof the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce.SEC. 17 of the House of Representatives.CommentsClose CommentsPermalink





SEC. 18. CLARIFICATIONS.CommentsClose CommentsPermalink





(a) Amendment of Procedures ClarificationInspection and Maintenance- Section 60108(a)(1) is amended by striking ‘an intrastate’ and inserting ‘a’.CommentsClose CommentsPermalink





(b) Owner and Operator Clarification- Section 60102(a)(2)(A) is amended by striking ‘owners and operators’ and inserting ‘any or all of the owners or operators’.CommentsClose CommentsPermalink





SEC. 18SEC. 19. MAINTENANCE OF EFFORT.CommentsClose CommentsPermalink





Section 60107(b) is amended by adding at the end the following: ‘For each of fiscal years 2012 and 2013, the Secretary shall grant such a waviiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its pipeline safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence.’.CommentsClose CommentsPermalink





SEC. 19SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS.CommentsClose CommentsPermalink





(a) Issuance of Regulations-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall prescribof Transportation shall issue regulations--CommentsClose CommentsPermalink





(A) requiring hearings under sections 60112, 60117, 60118, and 60122 of title 49, United States Code, to be convened before a presiding official;CommentsClose CommentsPermalink





(B) providing the opportunity for any person requesting a hearing under section 60112, 60117, 60118, or 60122 of such title to arrange for a transcript of thate hearing, at the expense of the requesting person;CommentsClose CommentsPermalink





(C) ensuring expedited review of any order issued pursuant to section 60112(e) of such title;CommentsClose CommentsPermalink





(D) implementing a separation of functions between personnel involved with investigative and prosecutorial activitiesthe investigation and prosecution of an enforcement case and advising the Secretary on findings and determinations; andCommentsClose CommentsPermalink





(E) prohibiting ex-parte communication relevant to the question to be decided in thesuch a case by parties to an investigation or hearing.CommentsClose CommentsPermalink





(2) PRESIDING OFFICIAL- The regulations prescribissued under this subsection shall--CommentsClose CommentsPermalink





(A) define the term ‘presiding official’ to mean the person who conducts any hearing relating to civil penalty assessments, compliance orders, safety orders, or corrective action orders; andCommentsClose CommentsPermalink





(B) require that the presiding official must be an attorney on the staff of the Deputy Chief Counsel that is not of the Pipeline and Hazardous Materials Safety Administration that is not engaged in investigative or prosecutorial functions, including the preparation of notices of probable violations, notices relating to civil penalty assessments, notices relating to compliance, or notices of proposed corrective actions.CommentsClose CommentsPermalink





(3) EXPEDITED REVIEW- The regulations prescribissued under this subsection shall define the term ‘expedited review’ for the purposes of paragraph (1)(C).CommentsClose CommentsPermalink





(b) Standards of Judicial Review- Section 60119(a) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) A judicial review of agency action under this section shall apply the standards of review established in section 706 of title 5.’.CommentsClose CommentsPermalink





SEC. 20SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES.CommentsClose CommentsPermalink





(a) Review- The Secretary of Transportation shall completenduct a review of existing Federal and State regulations for gas and hazardous liquid gathering lines located onshore and offshore in the United States, including within the inlets of the Gulf of Mexico.CommentsClose CommentsPermalink





(b) Report to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the House of Representatives Committee on Transportation and Infrastructure andCommittee on Transportation and Infrastructure and the Committee on Energy and Commerce and the Senatof the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review.CommentsClose CommentsPermalink





(2) RECOMMENDATIONS- The report shall include the Secretary’s recommendations with respect to--CommentsClose CommentsPermalink





(A) the sufficiency of existing Federal and State laws and regulations to ensure the safety of gas and hazardous liquid gathering lines;CommentsClose CommentsPermalink





(B) quantifying the economical andthe economic impacts, technical practicability, and challenges of applying existing Federal regulations to gathering lines that are not currently not subject to Federal regulation when compared to the public safety benefits; andCommentsClose CommentsPermalink





(C) subject to a risk-based assessment, the need to modify or revoke existing exemptions from Federal regulation for gas and hazardous liquid gathering lines.CommentsClose CommentsPermalink





SEC. 21 (c) Offshore Gathering Lines- Section 60108(c) is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(8) If, after reviewing existing Federal and State regulations for hazardous liquid gathering lines located offshore in the United States, including within the inlets of the Gulf of Mexico, the Secretary determines it is appropriate, the Secretary shall issue regulations, after notice and an opportunity for a hearing, subjecting offshore hazardous liquid gathering lines and hazardous liquid gathering lines located within the inlets of the Gulf of Mexico to the same standards and regulations as other hazardous liquid gathering lines. The regulations issued under this paragraph shall not apply to production pipelines or flow lines.’.CommentsClose CommentsPermalink





SEC. 22. EXCESS FLOW VALVES.CommentsClose CommentsPermalink





Section 60109(e)(3) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) DISTRIBUTION BRANCH SERVICES, MULTIFAMILY FACILITIES, AND SMALL COMMERCIAL FACILITIES- Not later than 2 years after the date of enactment of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, and after issuing a final report on the evaluation of the National Transportation Safety Board’s recommendation on excess flow valves in applications other than service lines serving one single family residence, the Secretary, if appropriate, shall by regulation require the use of excess flow valves, or equivalent technology, where economically, technically, and operationally feasible on new or entirely replaced distribution branch services, multifamily facilities, and small commercial facilities.’.CommentsClose CommentsPermalink





SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE.CommentsClose CommentsPermalink





(a) In General- Chapter 601, as amended by this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 60139. Maximum allowable operating pressureCommentsClose CommentsPermalink

‘(a) Verification of Records-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary of Transportation shall require each owner or operator of a pipeline facility to conduct, not later than 6 months after the date of enactment of this section, a verification of the records of the owner or operator relating to the interstate and intrastate gas transmission pipelines of the owner or operator in class 3 and class 4 locations and class 1 and class 2 high-consequence areas.CommentsClose CommentsPermalink





‘(2) PURPOSE- The purpose of the verification shall be to ensure that the records accurately reflect the physical and operational characteristics of the pipelines described in paragraph (1) and confirm the established maximum allowable operating pressure of the pipelines.CommentsClose CommentsPermalink





‘(3) ELEMENTS- The verification process under this subsection shall include such elements as the Secretary considers appropriate.CommentsClose CommentsPermalink





‘(b) Reporting-CommentsClose CommentsPermalink





‘(1) DOCUMENTATION OF CERTAIN PIPELINES- Not later than 18 months after the date of enactment of this section, each owner or operator of a pipeline facility shall identify and submit to the Secretary documentation relating to each pipeline segment of the owner or operator described in subsection (a)(1) for which the records of the owner or operator are insufficient to confirm the established maximum allowable operating pressure of the segment.CommentsClose CommentsPermalink





‘(2) EXCEEDANCES OF MAXIMUM ALLOWABLE OPERATING PRESSURE- If there is an exceedance of the maximum allowable operating pressure with respect to a gas transmission pipeline of an owner or operator of a pipeline facility that exceeds the build-up allowed for operation of pressure-limiting or control devices, the owner or operator shall report the exceedance to the Secretary and appropriate State authorities on or before the 5th day following the date on which the exceedance occurs.CommentsClose CommentsPermalink





‘(c) Determination of Maximum Allowable Operating Pressure-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the case of a transmission line of an owner or operator of a pipeline facility identified under subsection (b)(1), the Secretary shall--CommentsClose CommentsPermalink





‘(A) require the owner or operator to reconfirm a maximum allowable operating pressure as expeditiously as economically feasible; andCommentsClose CommentsPermalink





‘(B) determine what actions are appropriate for the pipeline owner or operator to take to maintain safety until a maximum allowable operating pressure is confirmed.CommentsClose CommentsPermalink





‘(2) INTERIM ACTIONS- In determining the actions for an owner or operator of a pipeline facility to take under paragraph (1)(B), the Secretary shall take into account potential consequences to public safety and the environment, potential impacts on pipeline system reliability and deliverability, and other factors, as appropriate.CommentsClose CommentsPermalink





‘(d) Testing Regulations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 18 months after the date of enactment of this section, the Secretary shall issue regulations for conducting tests to confirm the material strength of previously untested natural gas transmission pipelines located in high-consequence areas and operating at a pressure greater than 30 percent of specified minimum yield strength.CommentsClose CommentsPermalink





‘(2) CONSIDERATIONS- In developing the regulations, the Secretary shall consider safety testing methodologies, including, at a minimum--CommentsClose CommentsPermalink





‘(A) pressure testing; andCommentsClose CommentsPermalink





‘(B) other alternative methods, including in-line inspections, determined by the Secretary to be of equal or greater effectiveness.CommentsClose CommentsPermalink





‘(3) COMPLETION OF TESTING- The Secretary, in consultation with the Chairman of the Federal Energy Regulatory Commission and State regulators, as appropriate, shall establish timeframes for the completion of such testing that take into account potential consequences to public safety and the environment and that minimize costs and service disruptions.CommentsClose CommentsPermalink





‘(e) High-consequence Area Defined- In this section, the term ‘high-consequence area’ means an area described in section 60109(a).’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for chapter 601 is amended by inserting after the item relating to section 60138 the following:CommentsClose CommentsPermalink





‘60139. Maximum allowable operating pressure.’.CommentsClose CommentsPermalink





SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE.CommentsClose CommentsPermalink





Section 60102, as amended by this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(p) Limitation on Incorporation of Documents by Reference- Beginning 1 year after the date of enactment of this subsection, the Secretary may not issue guidance or a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge, on an Internet Web site.’.CommentsClose CommentsPermalink





SEC. 25. PIPELINE SAFETY TRAINING FOR STATE AND LOCAL GOVERNMENT PERSONNEL.CommentsClose CommentsPermalink





(a) In General- To further the objectives of chapter 601 of title 49, United States Code, the Secretary of Transportation may provide the services of personnel from the Pipeline and Hazardous Materials Safety Administration to provide training for State and local government personnel at a pipeline safety training facility that is established and operated by an agency or instrumentality of the United States, a unit of State or local government, or an educational institution.CommentsClose CommentsPermalink





(b) Reimbursements for Training Expenditures-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary may require reimbursement from sources other than the Federal Government for all expenses incurred by the Secretary in providing training for State and local government personnel under subsection (a), including salaries, expenses, transportation for Pipeline and Hazardous Materials Safety Administration personnel, and the cost of training materials.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- Amounts collected as reimbursement under paragraph (1) are authorized to be appropriated for the purposes set forth in chapter 601 of title 49, United States Code.CommentsClose CommentsPermalink





SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, AND DISADVANTAGED BUSINESSES.CommentsClose CommentsPermalink





Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, based upon available information, shall submit 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 a comprehensive report assessing the levels and types of participation and methods of facilitating the participation of minority-owned business enterprises, woman-owned business enterprises, and disadvantaged business enterprises in the construction and operation of pipeline facilities in the United States.CommentsClose CommentsPermalink





SEC. 27. REPORT ON PIPELINE PROJECTS.CommentsClose CommentsPermalink





(a) Study- The Comptroller General of the United States shall conduct a comprehensive study regarding the process for obtaining Federal and State permits for projects to construct pipeline facilities.CommentsClose CommentsPermalink





(b) Evaluation- In conducting the study, the Comptroller General shall evaluate how long it takes to issue permits for pipeline construction projects, the relationship between the States and the Federal Government in issuing such permits, and any recommendations from the States for improving the permitting process.CommentsClose CommentsPermalink





(c) Consultation- In conducting the study, the Comptroller General shall consult with 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.CommentsClose CommentsPermalink





(d) Report- Not later than 1 year after the date of enactment of this Act, the Comptroller General 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 results of the study.CommentsClose CommentsPermalink





SEC. 28. COVER OVER BURIED PIPELINES.CommentsClose CommentsPermalink





(a) In General- Chapter 601, as amended by this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 60140. Cover over buried pipelinesCommentsClose CommentsPermalink

‘(a) Hazardous Liquid Pipeline Incidents Involving Buried Pipelines-CommentsClose CommentsPermalink





‘(1) STUDY- The Secretary of Transportation shall conduct a study of hazardous liquid pipeline incidents at crossings of inland bodies of water with a width of at least 100 feet from high water mark to high water mark to determine if the depth of cover over the buried pipeline was a factor in any accidental release of hazardous liquids.CommentsClose CommentsPermalink





‘(2) REPORT- Not later than 1 year after the date of enactment of this section, the Secretary shall transmit 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 results of the study.CommentsClose CommentsPermalink





‘(b) Assessment of Current Requirements for Depth of Cover Over Buried Pipelines-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If, following completion of the study under subsection (a), the Secretary finds that the depth of cover over buried pipelines is a contributing factor in the accidental release of hazardous liquids from the pipelines, the Secretary, not later than 1 year after the date of completion of the study, shall review and determine the sufficiency of current requirements for the depth of cover over buried pipelines.CommentsClose CommentsPermalink





‘(2) LEGISLATIVE RECOMMENDATIONS-CommentsClose CommentsPermalink





‘(A) DEVELOPMENT- If the Secretary determines under paragraph (1) that the current requirements for the depth of cover over buried pipelines are insufficient, the Secretary shall develop legislative recommendations for improving the safety of buried pipelines at crossings of inland bodies of water with a width of at least 100 feet from high water mark to high water mark.CommentsClose CommentsPermalink





‘(B) CONSIDERATION OF FACTORS- In developing legislative recommendations under subparagraph (A), the Secretary shall consider the factors specified in section 60102(b)(2).CommentsClose CommentsPermalink





‘(C) REPORT TO CONGRESS- If the Secretary develops legislative recommendations under subparagraph (A), the Secretary shall submit to the committees referred to in subsection (a)(2) a report containing the legislative recommendations.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for chapter 601 is amended by inserting after the item relating to section 60139 the following:CommentsClose CommentsPermalink





‘60140. Cover over buried pipelines.’.CommentsClose CommentsPermalink





SEC. 29. SEISMICITY.CommentsClose CommentsPermalink





In identifying and evaluating all potential threats to each pipeline segment pursuant to parts 192 and 195 of title 49, Code of Federal Regulations, an operator of a pipeline facility shall consider the seismicity of the area.CommentsClose CommentsPermalink





SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS.CommentsClose CommentsPermalink





Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall develop and implement a protocol for consulting with Indian tribes to provide technical assistance for the regulation of pipelines that are under the jurisdiction of Indian tribes.CommentsClose CommentsPermalink





SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS.CommentsClose CommentsPermalink





(a) Inspection and Enforcement Needs- Not later than 12 months 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 that provides information on--CommentsClose CommentsPermalink





(1) the total number of full-time equivalent positions for pipeline inspection and enforcement personnel at the Pipeline and Hazardous Materials Safety Administration;CommentsClose CommentsPermalink





(2) out of the total number of such positions, how many of the positions are not filled and the reasons why the positions are not filled;CommentsClose CommentsPermalink





(3) the actions the Administrator of the Pipeline and Hazardous Materials Safety Administration is taking to fill the positions; andCommentsClose CommentsPermalink





(4) any additional inspection and enforcement resource needs of the Pipeline and Hazardous Materials Safety Administration.CommentsClose CommentsPermalink





(b) Staffing- Subject to the availability of funds, the Secretary may increase the number of positions for pipeline inspection and enforcement personnel at the Pipeline and Hazardous Materials Safety Administration by 10 full-time equivalent employees, if--CommentsClose CommentsPermalink





(1) on or before September 30, 2014, the Secretary fills the 135 full-time equivalent positions for pipeline inspection and enforcement personnel specified in section 18(e) of the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (120 Stat. 3498); andCommentsClose CommentsPermalink





(2) in preparing the report under subsection (a), the Secretary finds that additional pipeline inspection and enforcement personnel are necessary.CommentsClose CommentsPermalink





SEC. 32. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink





(a) Gas and Hazardous Liquid- Section 60125(a) is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Gas and Hazardous Liquid-CommentsClose CommentsPermalink





‘(1) IN GENERAL- To carry out the provisions of this chapter related to gas and hazardous liquid and section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107-355), 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, $88,01490,679,000, of which $4,68746,000 is for carrying out such section 12 and $34,4616,194,000 is for making grants.CommentsClose CommentsPermalink





‘(2) TRUST FUND AMOUNTS- In addition to the amounts authorized to be appropriated by paragraph (1), 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), $18,905573,000, of which $2,18574,000 is for carrying out such section 12 and $4,985558,000 is for making grants.’.CommentsClose CommentsPermalink





(b) Emergency Response Grants- Section 60125(b)(2) is amended by striking ‘2007 through 2010’ and inserting ‘2012 through 2015’.CommentsClose CommentsPermalink





(c) One-Call Notification Programs- Section 6107 is amended--CommentsClose CommentsPermalink





(1) in subsection (a) by striking ‘2007 through 2010.’ and inserting ‘2012 through 2015.’;CommentsClose CommentsPermalink





(2) in subsection (b) by striking ‘2007 through 2010.’ and inserting ‘2012 through 2015.’; andCommentsClose CommentsPermalink





(3) by striking subsection (c).CommentsClose CommentsPermalink





(d) State Damage Prevention Programs- Section 60134 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to provide grants under this section $1,500,000 for each of fiscal years 2012 through 2015. Such funds shall remain available until expended.’.CommentsClose CommentsPermalink





(e) Community Pipeline Safety Information Grants- Section 60130 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1) by striking ‘$50,000’ and inserting ‘$100,000’;CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by inserting ‘to grant recipients and their contractors’ after ‘this section’; andCommentsClose CommentsPermalink





(B) by inserting ‘, for any type of advocacy activitdirect advocacy for or against a pipeline construction or expansion project,’ after ‘for lobbying’; andCommentsClose CommentsPermalink





(23) in subsection (d) by striking ‘2010’ and inserting ‘2015’.(f) Pipeline Transportation $1,000,000 for each of the fiscal years 2003 through 2010’ and inserting ‘$1,500,000 for each of fiscal years 2012 through 2015’.CommentsClose CommentsPermalink





(f) Pipeline Transportation Research and Development- Section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is amended--CommentsClose CommentsPermalink





(1) in subsection (d) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) ONGOING PIPELINE TRANSPORTATION RESEARCH AND DEVELOPMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- After the initial 5-year program plan has been carried out by the participating agencies, the Secretary of Transportation, in coordination with the Director of the National Institute of Standards and Technology, as appropriate, shall prepare a research and development program plan every 5 years thereafter and shall transmit a report to Congress on the status and results-to-date of implementation of the program every 2 years.‘(B) The biennial report shall include a summary of updated research needs and priorities identified through the consultation requirements of paragraph (2).CommentsClose CommentsPermalink





‘(B) CONSULTATION- The Secretary of Transportation shall comply with the consultation requirements of subsection (d)paragraph (2) when preparing the program plan and in the selection and prioritization of research and development projects.CommentsClose CommentsPermalink





‘(C) FUNDING FROM NON-FEDERAL SOURCES- When carrying out research and development activities, the Secretary, to the greatest extent practicable, shall obtain funding forThe Secretary shall ensure at least 30 percent of the costs of program-wide research and development projects fromactivities are carried out using non-Federal sources.’; and.CommentsClose CommentsPermalink





(2) in subsection (f) by striking ‘2003 through 2006.’ and inserting ‘2012 through 2015.’.CommentsClose CommentsPermalink

PassedSpeaker of the House of Representatives December 12, 2011.

Attest:

KAREN L. HAAS,

Vice President of the United States andCommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink