[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5782 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5782
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2006
Mr. Young of Alaska (for himself and Mr. Petri) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety
Improvement Act of 2006''.
(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.
(c) Table of Contents.--
Sec. 1. Short title; amendment of title 49, United States Code; table
of contents.
Sec. 2. Pipeline safety and damage prevention.
Sec. 3. Distribution integrity management program rulemaking deadline.
Sec. 4. Pipeline control management.
Sec. 5. Low-stress pipelines.
Sec. 6. Authorization of appropriations.
Sec. 7. Standards to implement NTSB recommendations.
SEC. 2. PIPELINE SAFETY AND DAMAGE PREVENTION.
(a) One-Call Civil Enforcement.--
(1) In general.--Section 60114 is amended by adding at the
end the following:
``(d) Enforcement.--Any person who engages in excavation activity
without first using an available one-call notification system to
establish the location of underground pipeline facilities in the
excavation area or who disregards location information or markings
established by an operator of a pipeline facility, and any operator of
a pipeline facility who fails to respond to a location request in order
to prevent damage to the pipeline or fails to take reasonable steps, in
response to such a request, to ensure accurate marking of the location
of the pipeline in order to prevent damage to the pipeline, shall be
subject to a civil action under section 60120 or assessment of a civil
penalty under section 60122.
``(e) Limitation.--The Secretary may not conduct an enforcement
proceeding under subsection (d) within the boundaries of a State that
has the authority to impose penalties described in section 60134(b)(7)
against persons who violate that State's damage prevention laws and is
imposing such penalties.''.
(2) Conforming amendment.--Section 60122(a)(1) is amended
in the first sentence by inserting ``, 60114(d),'' after
``section 60114(b)''.
(b) State Damage Prevention Programs.--
(1) Certification.--Section 60105(b)(4) is amended to read
as follows:
``(4) has agreed to take actions toward establishing a
program designed to prevent damage by excavation, demolition,
tunneling, or construction activity to the pipeline facilities
to which the certification applies that subjects persons who
violate the applicable requirements of that program to civil
penalties and other enforcement actions that are substantially
the same as are provided under this chapter, and addresses the
elements in section 60134(b);''.
(2) Requirement.--Chapter 601 is amended by adding at the
end the following new section:
``Sec. 60134. State damage prevention programs
``(a) In General.--The Secretary may make a grant to a State
authority (including a municipality with respect to intrastate gas
pipeline transportation) to assist in improving the overall quality and
effectiveness of a damage prevention program of the State authority
under subsection (e) if the State authority--
``(1)(A) has an annual certification in accordance with
section 60105 for such fiscal year; or
``(B) has an agreement with the Secretary in accordance
with section 60106; and
``(2) has agreed to take actions toward establishing an
effective damage prevention program that meets the requirements
of subsection (b).
``(b) Damage Prevention Program Elements.--An effective damage
prevention program includes the following elements:
``(1) Participation by operators, excavators, and other
stakeholders in the development and implementation of methods
for establishing and maintaining effective communications
between stakeholders from receipt of an excavation notification
until successful completion of the excavation, as appropriate.
``(2) A process for fostering and ensuring the support and
partnership of stakeholders, including excavators, operators,
locators, designers, and local government in all phases of the
program.
``(3) A process for reviewing the adequacy of a pipeline
operator's internal performance measures regarding persons
performing locating services and quality assurance programs.
``(4) Participation by operators, excavators, and other
stakeholders in the development and implementation of effective
employee training programs to ensure that operators, the one-
call center, the enforcing agency, and the excavators have
partnered to design and implement training for the employees of
operators, excavators, and locators.
``(5) A process for fostering and ensuring active
participation by all stakeholders in public education for
damage prevention activities.
``(6) A process for resolving disputes that defines the
State authority's role as a partner and facilitator to resolve
issues.
``(7) Enforcement of State damage prevention laws and
regulations for all aspects of the damage prevention process,
including public education, and the use of civil penalties for
violations assessable by the appropriate State authority.
``(8) A process for fostering and promoting the use, by all
appropriate stakeholders, of improving technologies that may
enhance communications, underground pipeline locating
capability, and gathering and analyzing information about the
accuracy and effectiveness of locating programs.
``(9) A process for review and analysis of the
effectiveness of each program element, including a means for
implementing improvements identified by such program reviews.
``(c) Factors To Consider.--In making grants under this section,
the Secretary shall take into consideration the commitment of each
State to ensuring the effectiveness of its damage prevention program,
including legislative and regulatory actions taken by the State.
``(d) Application.--If a State authority files an application for a
grant under this section not later than September 30 of a calendar year
and demonstrates that the Governor (or chief executive) of the State
has designated it as the appropriate State authority to receive the
grant, the Secretary shall review the State's damage prevention program
to determine its effectiveness.
``(e) Grants for Effective Programs.--For a program of a State
authority the Secretary determines to be effective, the Secretary may
make a grant to the State authority for the cost of the personnel,
equipment, and activities the State authority reasonably requires
during the next calendar year to carry out its damage prevention
program in accordance with subsection (b).
``(f) Nonapplicability of Limitation.--A grant made under this
section is not subject to the section 60107(a) limitation on the
maximum percentage of funds to be paid by the Secretary.
``(g) Limitation on Use of Funds.--Funds provided under this
section may not be used for lobbying or in direct support of
litigation.
``(h) Funding.--To carry out this section, the Secretary shall make
available (from amounts appropriated to the Secretary under section
60125(b) for each of fiscal years 2008 through 2012) the following
respective amounts:
``(1) $1,500,000 for fiscal year 2008.
``(2) $1,750,000 for fiscal year 2009.
``(3) $2,000,000 for fiscal year 2010.
``(4) $2,500,000 for fiscal year 2011.
``(5) $3,000,000 for fiscal year 2012.
Such funds shall remain available until expended.''.
(3) Clerical amendment.--The analysis for chapter 601 is
amended by adding at the end the following:
``60134. State damage prevention programs.''.
(c) State Pipeline Safety Grants.--Section 60107(a) is amended by
striking ``not more than 50 percent'' and inserting ``not more than 80
percent''.
SEC. 3. DISTRIBUTION INTEGRITY MANAGEMENT PROGRAM RULEMAKING DEADLINE.
Section 60109 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Distribution Integrity Management Programs.--
``(1) Minimum standards.--Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
prescribe minimum standards for integrity management programs
for distribution pipelines.
``(2) Additional authority of secretary.--In carrying out
this subsection, the Secretary may require operators of
distribution pipelines to continually identify and assess risks
on their distribution lines, to remediate conditions that
present a potential threat to line integrity, and to monitor
program effectiveness.
``(3) Excess flow valves.--The minimum standards shall
include criteria for requiring operators of natural gas
distribution systems--
``(A) to install excess flow valves on single-
family residential service lines that are installed or
replaced after the date of enactment of this subsection
on the basis of feasibility and risk analysis; and
``(B) to report to the Secretary annually on the
number of excess flow valves installed on their systems
under subparagraph (A).
``(4) Applicability.--The Secretary shall determine which
distribution pipelines will be subject to the minimum
standards.
``(5) Development and implementation.--Each operator of a
distribution pipeline that Secretary determines is subject to
the minimum standards prescribed by the Secretary under this
subsection shall develop and implement an integrity management
program in accordance with those standards.''.
SEC. 4. PIPELINE CONTROL MANAGEMENT.
(a) Standards.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall issue
regulations establishing standards for managing gas and hazardous
liquid pipelines to reduce risks associated with human factors,
including fatigue.
(b) Risk Evaluation.--In carrying out this section, the Secretary
may require operators of gas and hazardous liquid pipelines to evaluate
the risks associated with human factors, including fatigue, and take
measures to reduce such risks with respect to their pipelines.
(c) Applicability.--The Secretary shall determine which pipelines
are subject to the standards issued under this section.
(d) Risk Management.--Each operator of a pipeline that the
Secretary determines is subject to the standards established by the
Secretary under this section shall manage the control of the pipeline
in accordance with those standards.
SEC. 5. LOW-STRESS PIPELINES.
Section 60102(k) of title 49, United States Code, is amended to
read as follows:
``(k) Low-Stress Hazardous Liquid Pipelines.--
``(1) Minimum standards.--Not later than 1 year after the
date of enactment of this paragraph, the Secretary shall issue
minimum standards for the transportation of hazardous liquids
by low-stress pipelines located in proximity to areas unusually
sensitive to environmental damage as defined by the Secretary
under section 60109(b) and by regulation.
``(2) Low-stress pipeline defined.--For purposes of this
subsection, a `low-stress pipeline' means a hazardous liquid
pipeline that is operated in its entirety at a stress level of
20 percent or less of the specified minimum yield strength of
the line pipe of the pipeline and has a diameter of greater
than 8\5/8\ inches.
``(3) Applicability.--The Secretary shall determine which
low-stress pipelines are subject to the minimum standards
issued under this subsection.
``(4) Requirement.--Each operator of a low-stress pipeline
that the Secretary determines is subject to the minimum
standards issued by the Secretary under this subsection shall
operate the pipeline in accordance with those standards.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read
as follows:
``(a) Gas and Hazardous Liquid.--To carry out this chapter (except
for section 60107) related to gas and hazardous liquid, the following
amounts are authorized to be appropriated to the Department of
Transportation:
``(1) For fiscal year 2007, $55,497,000, of which
$39,872,000 is to be derived from user fees collected under
section 60301 and $15,625,000 is to be derived from the Oil
Spill Liability Trust Fund established by section 9509 of the
Internal Revenue Code of 1986.
``(2) For fiscal year 2008, $57,997,000, of which
$42,651,000 is to be derived from such fees and $15,346,000 is
to be derived from the Fund.
``(3) For fiscal year 2009, $60,482,000, of which
$44,839,000 is to be derived from such fees and $16,003,000 is
to be derived from the Fund.
``(4) For fiscal year 2010, $62,375,000, of which
$46,444,000 is to be derived from such fees and $15,931,000 is
to be derived from the Fund.
``(5) For fiscal year 2011, $62,375,000, of which
$46,444,000 is to be derived from such fees and $15,931,000 is
to be derived from the Fund.
``(6) For fiscal year 2012, $62,375,000, of which
$46,444,000 is to be derived from such fees and $15,931,000 is
to be derived from the Fund.''.
(b) State Grants.--Section 60125(b)(1) is amended to read as
follows:
``(1) To carry out section 60107, the following amounts are
authorized to be appropriated to the Department of Transportation:
``(A) For fiscal year 2007, $20,238,000, of which
$17,053,000 is to be derived from user fees collected under
section 60301 and $3,185,000 is to be derived from the Oil
Spill Liability Trust Fund.
``(B) For fiscal year 2008, $23,221,000, of which
$19,567,000 is to be derived from such fees and $3,654,000 is
to be derived from the Fund. Of the amounts so appropriated,
$1,500,000 shall be available for grants to States under
section 60134.
``(C) For fiscal year 2009, $24,513,000, of which
$20,656,000 is to be derived from such fees and $3,857,000 is
to be derived from the Fund. Of the amount so appropriated,
$1,750,000 shall be available for grants to States under
section 60134.
``(D) For fiscal year 2010, $25,855,000, of which
$21,786,000 is to be derived from such fees and $4,069,000 is
to be derived from the Fund. Of the amount so appropriated,
$2,000,000 shall be available for grants to States under
section 60134.
``(E) For fiscal year 2011, $25,855,000, of which
$21,786,000 is to be derived from such fees and $4,069,000 is
to be derived from the Fund. Of the amount so appropriated,
$2,000,000 shall be available for grants to States under
section 60134.
``(F) For fiscal year 2012, $25,855,000, of which
$21,786,000 is to be derived from such fees and $4,069,000 is
to be derived from the Fund. Of the amount so appropriated,
$2,000,000 shall be available for grants to States under
section 60134.''.
(c) Conforming Amendments.--Section 60125 is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(d) Emergency Response Grants.--Section 60125(c)(2) (as
redesignated by subsection (c)(2) of this section) is amended by
striking ``2003 through 2006'' and inserting ``2007 through 2012''.
(e) One-Call Notification Programs.--Section 6107 is amended--
(1) in subsection (a) by striking ``fiscal years 2003
through 2006'' and inserting ``fiscal years 2007 through
2012''; and
(2) in subsection (b) by striking ``for fiscal years 2003
through 2006'' and inserting ``for fiscal years 2007 through
2012''.
SEC. 7. STANDARDS TO IMPLEMENT NTSB RECOMMENDATIONS.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Transportation shall issue standards that implement
the following recommendations contained in the National Transportation
Safety Board's report entitled ``Supervisory Control and Data
Acquisition (SCADA) in Liquid Pipelines'' and adopted November 29,
2005:
(1) Implementation of the American Petroleum Institute's
Recommended Practice 165 for the use of graphics on the
supervisory control and data acquisition screens.
(2) Implementation of a standard for pipeline companies to
review and audit alarms on monitoring equipment.
(3) Implementation of standards for pipeline controller
training that include simulator or noncomputerized simulations
for controller recognition of abnormal pipeline operating
conditions, in particular, leak events.
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