[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