[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5782 Reported in House (RH)]
Union Calendar No. 429
109th CONGRESS
2d Session
H. R. 5782
[Report No. 109-717, Parts I and II]
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
December 5, 2006
Additional sponsors: Mr. Baker, Mr. Boustany, Mr. Reichert, Mr. Kuhl of
New York, Mr. Hayes, Mr. Bachus, Mr. Duncan, Mrs. Schmidt, Mr. Kennedy
of Minnesota, Mr. LaTourette, Mr. Ehlers, Mr. LoBiondo, Mr. Porter, Mr.
Poe, Mr. Fortuno, Mr. Mack, Mr. Hoekstra, Mr. Mario Diaz-Balart of
Florida, Mr. McCotter, Mr. Oberstar, Mr. DeFazio, and Mr. Murphy
December 5, 2006
Reported from the Committee on Transportation and Infrastructure with
an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 5, 2006
Reported from the Committee on Energy and Commerce with an amendment,
committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in boldface roman]
[For text of introduced bill, see copy of bill as introduced on July
13, 2006]
_______________________________________________________________________
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 room management.
Sec. 5. Low-stress pipelines.
Sec. 6. Authorization of appropriations.
Sec. 7. Standards to implement NTSB recommendations.
Sec. 8. Accident reporting form.
Sec. 9. Leak detection technology study.
Sec. 10. Petroleum transportation capacity study.
Sec. 11. Emergency waivers.
Sec. 12. Pipeline safety information grants to communities.
Sec. 13. Memorandum of understanding.
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 2010) 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.
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 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 ROOM 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 controllers of the
pipeline in accordance with those standards.
SEC. 5. LOW-STRESS PIPELINES.
Section 60102(k) is amended by striking the subsection designation
and heading and inserting the following:
``(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 (other than paragraph (5)), 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.
``(5) Prohibition against exception.--''.
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.''.
(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.''.
(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 2010''.
(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
2010''; and
(2) in subsection (b) by striking ``for fiscal years 2003
through 2006'' and inserting ``for fiscal years 2007 through
2010''.
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.
SEC. 8. ACCIDENT REPORTING FORM.
Not later than 12 months after the date of enactment of this Act,
the Secretary of Transportation shall amend accident reporting forms to
require operators gas and hazardous liquid pipelines to provide data
related to controller fatigue.
SEC. 9. LEAK DETECTION TECHNOLOGY STUDY.
Not later than 12 months after the date of enactment of this Act,
the Secretary of Transportation shall submit to Congress a report on
leak detection systems utilized by operators of hazardous liquid
pipelines. The report shall include a discussion of the inadequacies of
current leak detection systems, including their ability to detect
ruptures and small leaks that are onging or intermittent, and what can
be done to foster development of better technologies as well as address
existing technological inadequacies.
SEC. 10. PETROLEUM TRANSPORTATION CAPACITY STUDY.
(a) In General.--Chapter 601 (as amended by section 2(b)(2) of this
Act) is further amended by adding at the end the following:
``Sec. 60135. Petroleum product transportation capacity study.
``(a) In General.--The Secretary of Transportation may conduct
analyses of the domestic transport of petroleum products by pipeline.
Such analyses should identify areas of the United States where
shortages of pipeline capacity and reliability concerns exist, where
such shortages have or are anticipated to contribute to significant
increases in the price of petroleum products, or where unplanned loss
of individual pipelines may cause shortages of petroleum products or
price disruptions.
``(b) Consultation.--In preparing any analysis under this section,
the Secretary may consult with other government agencies and public-
and private-sector experts in pipeline and other forms of petroleum
product transportation, energy consumption, capacity, population and
economic development.
``(c) Petroleum Product Defined.--In this section, the term
`petroleum product' means oil of any kind or in any form, gasoline,
diesel fuel, aviation fuel, fuel oil, kerosene, any product obtained
from refining or processing of crude oil, liquefied petroleum gases,
natural gas liquids, petrochemical feedstocks, condensate, waste or
refuse mixtures containing any of such oil products, and any other
liquid hydrocarbon compounds.''.
(b) Clerical Amendment.--The analysis for chapter 601 (as amended
by section 2(b)(3) of this Act) is amended by adding after the item
relating to section 60134 the following:
``60135. Petroleum product transportation capacity study.''.
SEC. 11. EMERGENCY WAIVERS.
Section 60118(c) is amended to read as follows:
``(c) Waivers by Secretary.--
``(1) Nonemergency waivers.--
``(A) In general.--On application of a person
owning or operating a pipeline facility, the Secretary
by order may waive compliance with any part of an
applicable standard prescribed under this chapter on
terms the Secretary considers appropriate if the waiver
is not inconsistent with pipeline safety.
``(B) Hearing.--The Secretary may act on a
nonemergency waiver under this paragraph only after
notice and an opportunity for a hearing.
``(2) Emergency waivers.--The Secretary by order may waive
compliance with any part of an applicable standard prescribed
under this chapter on terms the Secretary considers appropriate
without prior notice and comment if the Secretary determines
that the waiver is necessary to address an actual or impending
emergency involving pipeline transportation, including
emergencies caused by natural or manmade disasters.
``(3) Statement of reasons.--The Secretary shall state in
an order issued under this subsection the reasons for granting
the waiver.''.
SEC. 12. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.
Section 60130(d) is amended by striking ``2006'' and inserting
``2010''.
SEC. 13. MEMORANDUM OF UNDERSTANDING.
Not later than 45 days after the date of enactment of this Act, the
Secretary of Transportation shall develop and execute an annex to the
memorandum of understanding between the Secretary and the Secretary of
Homeland Security, dated September 28, 2004, to define and clarify the
role and responsibility of the Department of Transportation regarding
pipeline security, including the processes that the Department will
follow to promote communications, efficiency, and nonduplication of
effort.
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. Authorization of appropriations.
SEC. 2. PIPELINE SAFETY AND DAMAGE PREVENTION.
(a) One Call Civil Enforcement.--(1) Section 60114 is amended by
adding at the end the following new subsections:
``(d) Prohibition.--A person who engages in demolition, excavation,
tunneling, or construction--
``(1) may not engage in such demolition, excavation,
tunneling, or construction activity in a State that has adopted
a one-call notification system without first using that system
to establish the location of underground facilities in the
demolition, excavation, tunneling, or construction area;
``(2) may not engage in such demolition, excavation,
tunneling, or construction activity in disregard of location
information or markings established by a pipeline facility
operator pursuant to subsection (b);
``(3) may not fail to take reasonable steps to ensure safe
demolition, excavation, tunneling, or construction to prevent
damage to a pipeline; and
``(4) if the person damages, or becomes aware of damage to,
a pipeline facility and such damage may endanger life or cause
serious bodily harm or damage to property, may not fail to
promptly report the damage to the owner or operator of the
facility and, if the damage results in the escape of any
flammable, toxic, or corrosive gas or liquid, may not fail to
promptly report to other appropriate authorities by calling the
911 emergency telephone number.
``(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, unless
the Secretary has determined that the State's enforcement is inadequate
to protect safety, consistent with this chapter.''.
(2) Section 60122(a)(1) is amended by striking ``60114(b)'' and
inserting ``60114(b) or (d)''.
(b) State Damage Prevention Programs.--(1) Section 60105(b)(4) is
amended to read as follows:
``(4) is encouraging and promoting the establishment of a
program designed to prevent damage by demolition, excavation,
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) Chapter 601 is amended by adding at the end the following new
section:
``Sec. 60134. State damage prevention programs.
``(a) Eligibility.--A State authority (including a municipality if
the agreement under section 60106(a) or (b) applies to intrastate gas
pipeline transportation) shall be eligible for a grant under this
section only if--
``(1) it has an annual certification under section 60105 or
an agreement under section 60106; and
``(2) either--
``(A) it is from a State that has an effective
damage prevention program that meets the requirements
of subsection (b); or
``(B) it demonstrates that it has made substantial
progress toward establishing such a program, and that
such program will meet 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 among
stakeholders from receipt of a notification of demolition,
excavation, tunneling, or construction until successful
completion of the demolition, excavation, tunneling, or
construction, 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, the one-call
center, the enforcing agency, and other stakeholders in the
development and implementation of effective training programs
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 demolition, excavation,
tunneling, or construction 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) Grants to States.--
``(1) In general.--The Secretary may make a grant of
financial assistance to a State authority that is eligible
under this section to assist in improving the overall quality
and effectiveness of a damage prevention program of a State. 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.
``(2) Application.--If a State authority files an
application for a grant under this section not later than
September 30 of a calendar year, the Secretary of
Transportation shall review the State's damage prevention
program to determine its effectiveness. For programs determined
to be effective, the Secretary may make a grant of financial
assistance for the cost of the personnel, equipment, and
activities the authority reasonably requires during the next
calendar year to carry out an effective damage prevention
enforcement program. 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. Funds provided
under this section may not be used for lobbying or in direct
support of litigation.''.
(3) In the table of sections of chapter 601, the following item is
added at the end:
``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''.
(d) Damage Prevention Technology Development.--Section 60114 (as
amended by this section) is further amended by adding at the end the
following new subsection:
``(f) Technology Development Grants.--To the extent and in the
amount provided in advance in appropriations acts, the Secretary may
make grants to any organization or entity (not including for-profit
entities) for the development of technologies that will facilitate the
prevention of pipeline damage caused by demolition, excavation,
tunneling, or construction activities, with emphasis on wireless and
global positioning technologies having potential for use in connection
with notification systems and underground facility locating and marking
services. Funds provided under this subsection may not be used for
lobbying or in direct support of litigation. The Secretary may also
support such technology development through cooperative agreements with
trade associations, academic institutions, and other organizations.''.
(e) Public Education and Awareness.--
(1) Amendment.--Chapter 61 of title 49, United States Code,
is amended by adding at the end the following new section:
``Sec. 6109. Public education and awareness.
``(a) Grant Authority.--The Secretary shall make a grant to an
appropriate entity for promoting public education and awareness with
respect to the 811 national excavation damage prevention phone number.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $1,000,000 for fiscal year 2007 for
carrying out this section.''.
(2) Conforming amendment.--The table of sections of chapter
61 of title 49, United States Code, is amended by adding at the
end the following new item:
``6109. Public education and awareness.''.
(f) Safety Orders.--Section 60117(l) is amended to read as follows:
``(l) Safety Orders.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Pipeline Safety and Improvement Act of 2006,
the Secretary shall issue regulations providing that, after
notice and opportunity for a hearing, if the Secretary
determines that a pipeline facility has a condition that poses
a pipeline integrity risk to public safety, property, or the
environment, the Secretary may order the operator of the
facility to take necessary corrective action, including
physical inspection, testing, repair, replacement, or other
appropriate action, to remedy that condition.
``(2) Considerations.--In making a determination under
paragraph (1), the Secretary shall, if relevant, and pursuant
to the regulations issued under paragraph (1), consider--
``(A) the considerations specified in section
60112(b);
``(B) the likelihood that the condition will impair
the serviceability of a pipeline;
``(C) the likelihood that the condition will worsen
over time; and
``(D) the likelihood that the condition is present
or could develop on other areas of the pipeline.''.
(g) Integrity Program Enforcement.--Section 60109(c)(9)(A)(iii) is
amended to read as follows:
``(iii) Inadequate programs.--If the
Secretary determines that a risk analysis or
integrity management program does not comply
with the requirements of this subsection or
regulations issued as described in paragraph
(2), has not been adequately implemented, or is
inadequate for the safe operation of a pipeline
facility, the Secretary may conduct proceedings
under sections 60108(a), 60112, 60118(a) and
(b), 60120, 60122, or any other section of this
chapter.''.
(h) Low-Stress Pipelines.--Section 60102(k) is amended to read as
follows:
``(k) Low-Stress Hazardous Liquid Pipelines.--
``(1) Minimum standards.--Not later than 12 months after
the date of enactment of the Pipeline Safety Improvement Act of
2006, the Secretary shall issue regulations subjecting low-
stress hazardous liquid pipelines to the same standards and
regulations as other hazardous liquid pipelines, except as
provided in paragraph (3). The implementation of the applicable
standards and regulatory requirements may be phased in. The
regulations issued under this paragraph shall not apply to
gathering lines.
``(2) General prohibition against low internal stress
exception.--Except as provided in paragraph (3), the Secretary
may not provide an exception to the requirements of this
chapter for a hazardous liquid pipeline because the pipeline
operates at low internal stress.
``(3) Limited exceptions.--The Secretary shall provide or
continue in force exceptions to this subsection for low-stress
hazardous liquid pipelines that--
``(A) are subject to safety regulations of the
United States Coast Guard; or
``(B) serve refining, manufacturing, or truck,
rail, or vessel terminal facilities, if the pipeline is
less than 1 mile long (measured outside the facility
grounds) and does not cross an offshore area or a
waterway currently used for commercial navigation,
until regulations issued under paragraph (1) become effective,
after which the Secretary may retain or remove those exceptions
as appropriate.
``(4) Relationship to other laws.--Nothing in this
subsection shall be construed to prohibit or otherwise affect
the applicability of any other statutory or regulatory
exemption to any hazardous liquid pipeline.
``(5) Definition.--For purposes of this subsection, the
term `low-stress hazardous liquid 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.
``(6) Effective date.--The requirements of this subsection
shall not take effect as to low-stress hazardous liquid
pipeline operators before the effective date of the rules
promulgated by the Secretary under this subsection.''.
(i) Corrosion Control Regulations.--The Secretary of
Transportation, in consultation with the Technical Hazardous Liquid
Pipeline Safety Standards Committee and other appropriate entities,
shall review the internal corrosion control regulations set forth in
subpart H of part 195 of title 49 of the Code of Federal Regulations to
determine if such regulations are currently adequate to ensure that the
pipeline facilities subject to such regulations will not present a
hazard to public safety or the environment. The Secretary shall submit
a report to the Congress within one year after the date of enactment of
this Act containing the results of such review, and may modify such
regulations if necessary and appropriate.
(j) Critical Energy Infrastructure Study.--The Secretary of Energy,
in consultation with the Secretary of Transportation, shall analyze the
domestic transport of crude oil and other petroleum products by
pipeline. Such analysis shall identify areas where reliability concerns
exist or where failure or unplanned loss of individual pipeline
facilities may cause shortages of crude oil or other petroleum products
or price disruptions. Not later than one year after the date of
enactment of this Act, the Secretaries shall submit a report to the
Congress setting forth their recommendations to reduce the likelihood
of such shortages or disruptions.
(k) Natural Gas Pipelines.--The Secretary shall review and comment
on the Comptroller General report issued under section 14(d)(1) of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60109 note), and not
later than 60 days after the date of enactment of this Act, transmit to
the Congress any legislative recommendations the Secretary considers
necessary and appropriate to implement the conclusions of that report.
(l) Technical Assistance Grants.--Section 60130 is amended--
(1) in subsection (a)(1) by striking ``The Secretary shall
establish competitive'' and insert ``No grants may be awarded
under section 60114(e) until the Secretary has established
competitive'';
(2) by redesignating paragraph (2) of subsection (a) as
paragraph (4);
(3) by inserting after paragraph (1) of subsection (a) the
following new paragraphs:
``(2) Demonstration grants.--At least the first 3 grants
awarded under this section shall be demonstration grants for
the purpose of demonstrating and evaluating the utility of
grants under this section. Each such demonstration grant shall
not exceed $25,000.
``(3) Dissemination of technical findings.--Each recipient
of a grant under this section shall ensure that the technical
findings made possible by the grants are made available to the
relevant operators, and that open communication between the
grant recipients, local operators, local communities, and other
interested parties is encouraged.''; and
(4) in subsection (d) by striking ``2006'' and inserting
``2010''.
(m) Enforcement Transparency.--(1) Chapter 601, as amended by this
section, is amended by adding at the end the following new section:
``Sec. 60135. Enforcement transparency.
``(a) In General.--Not later than 12 months after the date of
enactment of this section, the Secretary shall--
``(1) provide a monthly updated summary to the public of
all gas and hazardous liquid pipeline enforcement actions taken
by the Secretary or the Pipeline and Hazardous Materials Safety
Administration, from the time a notice commencing an
enforcement action is issued until the enforcement action is
final. Each summary shall include identification of the
operator involved in the enforcement activity, the type of
alleged violation, the penalty or penalties proposed, any
changes in case status since the previous summary, the final
assessment amount of each penalty, and the reasons for a
reduction in the proposed penalty, if appropriate; and
``(2) provide a mechanism by which a pipeline operator
named in an enforcement action may make information,
explanations, or documents it believes are responsive to the
enforcement action available to the public.
``(b) Electronic Posting.--Each summary required under this section
shall be made available to the public via posting by electronic means.
``(c) Relationship to FOIA.--Nothing in this section shall be
construed to require disclosure of information or records that would be
exempt from disclosure under section 552 of title 5, United States Code
(commonly known as the Freedom of Information Act).''.
(2) In the table of sections of chapter 601, as amended by this
section, the following item is added at the end:
``60135. Enforcement transparency.''.
(n) Cost Reimbursements.--Section 60117 is amended by adding at the
end the following new subsection:
``(m) Cost Recovery for Design Reviews.--If the Secretary conducts
facility design safety reviews in connection with a proposal to
construct, expand, or operate a liquefied natural gas pipeline
facility, the Secretary may require the person requesting such reviews
to pay the associated staff costs relating to such reviews incurred by
the Secretary, such funds to be deposited into the pipeline safety
fund. Funds deposited pursuant to this section are authorized to be
appropriated for the purposes set forth in section 60301(d). The
Secretary may assess such costs in any reasonable manner.''.
(o) Direct Line Sales.--Section 60101(a) is amended--
(1) by amending paragraph (6) to read as follows:
``(6) `interstate gas pipeline facility' means a gas
pipeline facility--
``(A) used to transport gas; and
``(B) subject to the jurisdiction of the Commission
under the Natural Gas Act (15 U.S.C. 717 et seq.);'';
and
(2) by amending paragraph (9) to read as follows:
``(9) `intrastate gas pipeline facility' means a gas
pipeline facility and transportation of gas within a State not
subject to the jurisdiction of the Commission under the Natural
Gas Act (15 U.S.C. 717 et seq.);''.
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.--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.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) 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 Secretary, from fees
collected under section 60301 in each respective year, and from the Oil
Spill Liability Trust Fund:
``(1) For fiscal year 2007, $55,497,000, of which
$39,872,000 shall be from fees and $15,625,000 shall be from
the Fund.
``(2) For fiscal year 2008, $57,997,000, of which
$42,651,000 shall be from fees and $15,346,000 shall be from
the Fund.
``(3) For fiscal year 2009, $60,482,000, of which
$44,839,000 shall be from fees and $15,643,000 shall be from
the Fund.
``(4) For fiscal year 2010, $62,375,000, of which
$46,444,000 shall be from fees and $15,931,000 shall be from
the Fund.''.
(b) Section 60125(b)(l) is amended to read as follows:
``(1) To carry out section 60107, the following amounts are
authorized to be appropriated to the Secretary, from fees
collected under section 60301 in each respective year, and from
the Oil Spill Liability Trust Fund:
``(A) For fiscal year 2007, $20,238,000, of which
$17,053,000 shall be from fees and $3,185,000 shall be
from the Fund.
``(B) For fiscal year 2008, $23,221,000, of which
$19,567,000 shall be from fees and $3,654,000 shall be
from the Fund. Of the amount appropriated, $1,500,000
shall be available for fiscal year 2008 for the grants
to States authorized in section 60134.
``(C) For fiscal year 2009, $24,513,000, of which
$20,656,000 shall be from fees and $3,857,000 shall be
from the Fund. Of the amount appropriated, $1,750,000
shall be available for fiscal year 2009 for the grants
to States authorized in section 60134.
``(D) For fiscal year 2010, $25,855,000, of which
$21,786,000 shall be from fees and $4,069,000 shall be
from the Fund. Of the amount appropriated, $2,000,000
shall be available for fiscal year 2010 for the grants
to States authorized in section 60134.''.
(c) Section 60125(c) is repealed.
(d) Subsections (d) and (e) of section 60125 are redesignated as
subsections (c) and (d), respectively.
(e) Section 60125(c)(2), as so redesignated by subsection (d) of
this section, is amended by striking ``2003 through 2006'' and
inserting ``2007 through 2010''.
(f) Section 6105(c)(2) is amended by striking ``fiscal years 2003
through 2006'' and inserting ``fiscal years 2007 through 2010''.
(g) Section 6107 is amended--
(1) in subsection (a), by striking ``fiscal years 2003
through 2006'' and inserting ``fiscal years 2007 through
2010''; and
(2) in subsection (b), by striking ``for fiscal years 2003
through 2006'' and inserting ``for fiscal years 2007 through
2010''.
SEC. 5. INCIDENT REPORTING.
(a) Amendment.--Chapter 601 is amended by adding at the end the
following section:
``Sec. 60136. Incident reporting.
``Not later than 12 months after date of enactment of this section,
the Secretary shall review the incident reporting requirements for
operators of natural gas pipelines and modify the reporting criteria as
appropriate to ensure that the incident data gathered accurately
reflects incident trends over time, taking into consideration the
recommendations from the Comptroller General in GAO report 06-946.''.
(b) Technical Amendment.--In the table of sections of chapter 601,
the following item is added at the end:
``60136. Incident reporting.''.
Union Calendar No. 429
109th CONGRESS
2d Session
H. R. 5782
[Report No. 109-717, Parts I and II]
_______________________________________________________________________
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.
_______________________________________________________________________
December 5, 2006
Reported from the Committee on Transportation and Infrastructure with
an amendment
December 5, 2006
Reported from the Committee on Energy and Commerce with an amendment,
committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed