[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2845 Engrossed in House (EH)]
112th CONGRESS
1st Session
H. R. 2845
_______________________________________________________________________
AN ACT
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;
DEFINITIONS; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011''.
(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) Definitions.--Any term used in this Act that is defined in
chapter 601 of title 49, United States Code, shall have the meaning
given that term in that chapter.
(d) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; amendment of title 49, United States Code;
definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Automatic and remote-controlled shut-off valves.
Sec. 5. Integrity management.
Sec. 6. Public education and awareness.
Sec. 7. Cast iron gas pipelines.
Sec. 8. Leak detection.
Sec. 9. Accident and incident notification.
Sec. 10. Transportation-related onshore facility response plan
compliance.
Sec. 11. Transportation-related oil flow lines.
Sec. 12. Cost recovery for design reviews.
Sec. 13. Biofuel pipelines.
Sec. 14. Carbon dioxide pipelines.
Sec. 15. Study of transportation of diluted bitumen.
Sec. 16. Study of non-petroleum hazardous liquids transported by
pipeline.
Sec. 17. Clarifications.
Sec. 18. Maintenance of effort.
Sec. 19. Administrative enforcement process.
Sec. 20. Gas and hazardous liquid gathering lines.
Sec. 21. Authorization of appropriations.
SEC. 2. CIVIL PENALTIES.
(a) General Penalties; Penalty Considerations.--Section 60122 is
amended--
(1) in subsection (a)(1)--
(A) in the first sentence by striking ``$100,000''
and inserting ``$175,000''; and
(B) in the last sentence by striking ``$1,000,000''
and inserting ``$1,750,000''; and
(2) in subsection (b)(1)(B) by striking ``the ability to
pay,''.
(b) Operator Assistance in Investigations.--Section 60118(e) is
amended to read as follows:
``(e) Operator Assistance in Investigations.--
``(1) Assistance and access.--If the Secretary or the
National Transportation Safety Board investigates an accident
involving a pipeline facility, the operator of the facility
shall--
``(A) make available to the Secretary or the Board
all records and information that in any way pertain to
the accident (including integrity management plans and
test results); and
``(B) afford all reasonable assistance in the
investigation of the accident.
``(2) Operator assistance in investigations.--
``(A) In general.--The Secretary may impose a civil
penalty under section 60122 on a person who obstructs
or prevents the Secretary from carrying out inspections
or investigations under this chapter.
``(B) Definitions.--In this paragraph, the
following definitions apply:
``(i) Obstructs.--The term `obstructs'
includes actions that were known, or reasonably
should have been known, to prevent, hinder, or
impede an investigation without good cause.
``(ii) Good cause.--The term `good cause'
includes, at a minimum, restricting access to
facilities that are not secure or safe for non-
pipeline personnel or visitors.''.
(c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1)
is amended by adding at the end the following: ``The maximum amount of
civil penalties for administrative enforcement actions under section
60122 shall not apply to enforcement actions under this section.''.
(d) Judicial Review of Administrative Enforcement Orders.--Section
60119(a) is amended--
(1) in the subsection heading by striking ``and Waiver
Orders'' and inserting ``, Orders, and Other Final Agency
Actions''; and
(2) by striking ``about an application for a waiver under
section 60118(c) or (d) of this title'' and inserting ``under
this chapter''.
SEC. 3. PIPELINE DAMAGE PREVENTION.
(a) Minimum Standards for State One-Call Notification Programs.--
Section 6103(a) is amended to read as follows:
``(a) Minimum Standards.--
``(1) In general.--In order to qualify for a grant under
section 6106, a State one-call notification program, at a
minimum, shall provide for--
``(A) appropriate participation by all underground
facility operators, including all government operators;
``(B) appropriate participation by all excavators,
including all government and contract excavators; and
``(C) flexible and effective enforcement under
State law with respect to participation in, and use of,
one-call notification systems.
``(2) Exemptions prohibited.--In order to qualify for a
grant under section 6106, a State one-call notification program
may not exempt municipalities, State agencies, or their
contractors from its one-call notification system
requirements.''.
(b) State Damage Prevention Programs.--Section 60134(a) is
amended--
(1) in paragraph (1) by striking ``and'' after the
semicolon;
(2) in paragraph (2)(B) by striking ``(b).'' and inserting
``(b); and''; and
(3) by adding at the end the following:
``(3) does not provide any exemptions to municipalities,
State agencies, or their contractors from its one-call
notification system requirements.''.
(c) Effective Date.--The amendments made by this section shall take
effect 2 years after the date of enactment of this Act.
(d) Third Party Damage.--
(1) Study.--The Secretary of Transportation shall conduct a
study on the impact of third party damage on pipeline safety.
(2) Contents.--The study shall include--
(A) an analysis of the frequency and severity of
different types of third party damage incidents;
(B) an analysis of exemptions to the one-call
notification system requirements in each State;
(C) a comparison of exemptions to the one-call
notification system requirements in each State to the
types of third party damage incidents in that State;
and
(D) an analysis of the potential safety benefits
and adverse consequences of eliminating all exemptions
for mechanized excavation from State one-call
notification systems.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the House
of Representatives Committee on Transportation and
Infrastructure and Committee on Energy and Commerce and the
Senate Committee on Commerce, Science, and Transportation a
report on the results of the study.
SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.
Section 60102 is amended--
(1) by striking subsection (j)(3); and
(2) by adding at the end the following:
``(n) Automatic and Remote-Controlled Shut-Off Valves for New
Transmission Pipelines.--
``(1) In general.--The Secretary may require by regulation,
if determined appropriate by the Secretary, the use of
automatic or remote-controlled shut-off valves, or equivalent
technology, where economically, technically, and operationally
feasible on transmission pipeline facilities constructed or
entirely replaced after the date on which the Secretary issues
the final rule containing such requirement.
``(2) Factors for consideration.--In determining whether to
proceed with a rulemaking under paragraph (1), the Secretary
shall consider the factors specified in subsection (b)(2).''.
SEC. 5. INTEGRITY MANAGEMENT.
(a) Evaluation.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation shall evaluate--
(1) whether integrity management system requirements, or
elements thereof, should be expanded beyond high consequence
areas; and
(2) with respect to gas transmission pipeline facilities,
whether applying integrity management program requirements, or
elements thereof, to additional areas would mitigate the need
for class location requirements.
(b) Repair Criteria.--In conducting the evaluation under subsection
(a), the Secretary shall consider applying repair criteria, such as
pressure reductions and special requirements for scheduling
remediation, to areas that are not high consequence areas.
(c) Report.--Based on the evaluation to be conducted under
subsection (a), the Secretary shall submit to the House of
Representatives Committee on Transportation and Infrastructure and
Committee on Energy and Commerce and the Senate Committee on Commerce,
Science, and Transportation a report containing the Secretary's
analysis and findings regarding--
(1) expansion of integrity management requirements, or
elements thereof, beyond high consequence areas; and
(2) with respect to gas transmission pipeline facilities,
whether applying the integrity management program requirements,
or elements thereof, to additional areas would mitigate the
need for class location requirements.
(d) Data Reporting.--The Secretary shall collect any relevant data
necessary to complete the evaluation required by subsection (a).
(e) Technical Correction.--Section 60109(c)(3)(B) is amended to
read as follows:
``(B) Subject to paragraph (5), periodic
reassessments of the facility, at a minimum of once
every 7 calendar years, using methods described in
subparagraph (A). Such deadline shall be extended for
an additional 6 months if the operator submits written
notice to the Secretary that includes an explanation of
the need for the extension.''.
(f) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of
completion of the report under subsection (c); or
(B) the date that is 3 years after the date of
enactment of this Act.
(2) Congressional authority.--In order to provide Congress
the necessary time to review the results of the report required
by subsection (c) and implement appropriate recommendations,
the Secretary shall not, during the review period, proceed with
a rulemaking to prescribe regulations described in paragraph
(3).
(3) Standards.--Following the review period, the Secretary
may, as appropriate, prescribe regulations that--
(A) expand integrity management system
requirements, or elements thereof, beyond high
consequence areas; and
(B) remove redundant class location requirements
for gas transmission pipeline facilities that are
regulated under an integrity management program adopted
and implemented under section 60109(c)(2) of title 49,
United States Code.
(4) Savings clause.--
(A) In general.--Notwithstanding any other
provision of this subsection, the Secretary, during the
review period, may proceed to a rulemaking to prescribe
regulations described in paragraph (3), and may
prescribe the regulations, if the Secretary determines
that a condition that poses a risk to public safety,
property, or the environment is present or an imminent
hazard exists and that the rulemaking will address the
risk or hazard.
(B) Imminent hazard defined.--In subparagraph (A),
the term ``imminent hazard'' means the existence of a
condition related to pipelines or pipeline operations
that presents a substantial likelihood that death,
serious illness, severe personal injury, or substantial
endangerment to health, property, or the environment
may occur.
(g) Report to Congress on Risk-Based Pipeline Reassessment
Intervals.--Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall evaluate--
(1) whether risk-based reassessment intervals are a more
effective alternative for managing risks to pipelines in high-
consequence areas once baseline assessments are complete when
compared to a 7-year reassessment interval;
(2) the number of anomalies found in baseline assessments
required under section 60109(c)(3)(A) of title 49, United
States Code, as compared to the number of anomalies found in
reassessments required under section 60109(c)(3)(B) of such
title; and
(3) the progress made in incorporating the recommendations
in GAO Report 06-945 and the current relevance of
recommendations not incorporated to date.
(h) High Consequence Area Defined.--In this section, the term
``high consequence area'' means an area described in section 60109(a)
of title 49, United States Code.
SEC. 6. PUBLIC EDUCATION AND AWARENESS.
(a) National Pipeline Mapping System.--
(1) Map of high consequence areas.--The Secretary of
Transportation shall--
(A) maintain, as part of the National Pipeline
Mapping System, a map of all designated high
consequence areas (as described in section 60109(a) of
title 49, United States Code) in which pipelines are
required to meet integrity management safety
regulations, excluding any proprietary or sensitive
security information; and
(B) update the map biennially.
(2) Program to promote awareness of national pipeline
mapping system.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and
implement a program promoting greater awareness of the
existence of the National Pipeline Mapping System to State and
local emergency responders and other interested parties. The
program shall include guidance on how to use the National
Pipeline Mapping System to locate pipelines in communities and
local jurisdictions.
(b) Information to Emergency Response Agencies.--
(1) Guidance.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue guidance to
owners and operators of pipeline facilities on the importance
of providing system-specific information about their pipeline
facilities to emergency response agencies of the communities
and jurisdictions in which those facilities are located.
(2) Consultation.--Before issuing guidance under paragraph
(1), the Secretary shall consult with owners and operators of
pipeline facilities to determine the extent to which the owners
and operators are already providing system-specific information
about their pipeline facilities to emergency response agencies.
SEC. 7. CAST IRON GAS PIPELINES.
(a) Follow-Up Surveys.--Section 60108(d) is amended by adding at
the end the following:
``(4) Not later than December 31, 2012, and every 2 years
thereafter, the Secretary shall conduct a follow-up survey to measure
the progress that owners and operators of pipeline facilities have made
in implementing their plans for the safe management and replacement of
cast iron gas pipelines.''.
(b) Status Report.--Not later than December 31, 2013, the Secretary
of Transportation shall transmit to the House of Representatives
Committee on Transportation and Infrastructure and Committee on Energy
and Commerce and the Senate Committee on Commerce, Science, and
Transportation a report that--
(1) identifies the total mileage of cast iron gas pipelines
in the United States; and
(2) evaluates the progress that owners and operators of
pipeline facilities have made in implementing their plans for
the safe management and replacement of cast iron gas pipelines.
SEC. 8. LEAK DETECTION.
(a) Leak Detection Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure and Committee on Energy and
Commerce a report on leak detection systems utilized by
operators of hazardous liquid pipeline facilities and
transportation-related flow lines.
(2) Contents.--The report shall include--
(A) an analysis of the technical limitations of
current leak detection systems, including the systems'
ability to detect ruptures and small leaks that are
ongoing or intermittent, and what can be done to foster
development of better technologies; and
(B) an analysis of the feasibility of establishing
technically, operationally, and economically feasible
standards for the capability of such systems to detect
leaks, and the safety benefits and adverse consequences
of requiring operators to use leak detection systems.
(b) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of
completion of the report under subsection (a); or
(B) the date that is 2 years after the date of
enactment of this Act.
(2) Congressional authority.--In order to provide Congress
the necessary time to review the results of the report required
by subsection (a) and implement appropriate recommendations,
the Secretary shall not, during the review period, proceed with
a rulemaking to prescribe regulations described in paragraph
(3).
(3) Standards.--Following the review period, the Secretary
may, as appropriate, prescribe regulations that--
(A) require operators of hazardous liquid pipeline
facilities to use leak detection systems; and
(B) establish technically, operationally, and
economically feasible standards for the capability of
such systems to detect leaks.
(4) Savings clause.--
(A) In general.--Notwithstanding any other
provision of this subsection, the Secretary, during the
review period, may proceed to a rulemaking to prescribe
regulations described in paragraph (3), and may
prescribe the regulations, if the Secretary determines
that a condition that poses a risk to public safety,
property, or the environment is present or an imminent
hazard exists and that the rulemaking will address the
risk or hazard.
(B) Imminent hazard defined.--In subparagraph (A),
the term ``imminent hazard'' means the existence of a
condition related to pipelines or pipeline operations
that presents a substantial likelihood that death,
serious illness, severe personal injury, or substantial
endangerment to health, property, or the environment
may occur.
SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.
(a) Revision of Regulations.--Not later than 18 months after the
date of enactment of this Act, the Secretary of Transportation shall
revise regulations issued under sections 191.5 and 195.52 of title 49,
Code of Federal Regulations, to establish specific time limits for
telephonic or electronic notice of accidents and incidents involving
pipeline facilities to the Secretary and the National Response Center.
(b) Minimum Requirements.--In revising the regulations, the
Secretary, at a minimum, shall--
(1) establish time limits for telephonic or electronic
notification of an accident or incident to require such
notification not less than 1 hour and not more than 2 hours
after discovery of the accident or incident;
(2) review procedures for owners and operators of pipeline
facilities and the National Response Center to provide thorough
and coordinated notification to all relevant State and local
emergency response officials, including 911 emergency call
centers, for the jurisdictions in which those pipeline
facilities are located in the event of an accident or incident,
and revise such procedures as appropriate; and
(3) require such owners and operators to revise their
initial telephonic or electronic notice to the Secretary and
the National Response Center with an estimated amount of the
product released, an estimated number of fatalities and
injuries, if any, and any other information determined
appropriate by the Secretary within 24 to 48 hours of the
accident or incident, to the extent practicable.
(c) Updating of Reports.--After receiving revisions described in
subsection (b)(3), the National Response Center shall update the
initial report on an accident or incident instead of generating a new
report.
SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN
COMPLIANCE.
(a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each
amended by striking ``Administrator or'' and inserting ``Administrator,
the Secretary of Transportation, or''.
(b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by
striking ``operating or'' and inserting ``operating, the Secretary of
Transportation, or''.
SEC. 11. TRANSPORTATION-RELATED OIL FLOW LINES.
Section 60102, as amended by this Act, is further amended by adding
at the end the following:
``(o) Transportation-Related Oil Flow Lines.--
``(1) Data collection.--The Secretary may collect
geospatial or technical data on transportation-related oil flow
lines, including unregulated transportation-related oil flow
lines.
``(2) Transportation-related oil flow line defined.--In
this subsection, the term `transportation-related oil flow
line' means a pipeline transporting oil off of the grounds of
the well where it originated across areas not owned by the
producer, regardless of the extent to which the oil has been
processed, if at all.
``(3) Limitation.--Nothing in this subsection authorizes
the Secretary to prescribe standards for the movement of oil
through production, refining, or manufacturing facilities, or
through oil production flow lines located on the grounds of
wells.''.
SEC. 12. COST RECOVERY FOR DESIGN REVIEWS.
(a) In General.--Section 60117(n) is amended to read as follows:
``(n) Cost Recovery for Design Reviews.--
``(1) In general.--
``(A) Review costs.--For any project described in
subparagraph (B), if the Secretary conducts facility
design safety reviews in connection with a proposal to
construct, expand, or operate a new gas or hazardous
liquid pipeline facility or liquefied natural gas
pipeline facility, the Secretary may require the person
proposing the project to pay the costs incurred by the
Secretary relating to such reviews. If the Secretary
exercises the cost recovery authority described in this
subsection, the Secretary shall prescribe a fee
structure and assessment methodology that is based on
the costs of providing these reviews and shall
prescribe procedures to collect fees under this
subsection. The Secretary shall not collect design
safety review fees under this chapter and section 60301
for the same design safety review.
``(B) Projects to which applicable.--Subparagraph
(A) applies to any project that--
``(i) has design and construction costs
totaling at least $3,400,000,000, as adjusted
for inflation, based on a good faith estimate
developed by the person proposing the project;
or
``(ii) uses new or novel technologies or
design.
``(2) Notification.--For any new pipeline facility
construction project for which the Secretary will conduct
design reviews, the person proposing the project shall notify
the Secretary and provide the design specifications,
construction plans and procedures, and related materials at
least 120 days prior to the commencement of construction. If
the Secretary determines that the proposed design of the
project is inconsistent with pipeline safety, the Secretary
shall provide written comments, feedback, and guidance on the
project on or before the 60th day following the date of receipt
of the design specifications, construction plans and
procedures, and related materials for the project.
``(3) Pipeline safety design review fund.--
``(A) Establishment.--There is established a
Pipeline Safety Design Review Fund in the Treasury of
the United States.
``(B) Deposits.--The Secretary shall deposit funds
paid under this subsection into the Fund.
``(C) Use.--Amounts in the Fund shall be available
to the Secretary, in amounts specified in
appropriations Acts, to offset the costs of conducting
facility design safety reviews under this subsection.
``(4) No additional permitting authority.--Nothing in this
subsection shall be construed as authorizing the Secretary to
require a person to obtain a permit before beginning design and
construction in connection with a project described in
paragraph (1)(B).''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall issue guidance to
clarify the meaning of the term ``new or novel technologies or design''
as used in section 60117(n) of title 49, United States Code, as amended
by subsection (a) of this section.
SEC. 13. BIOFUEL PIPELINES.
Section 60101(a)(4) is amended--
(1) in subparagraph (A) by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) non-petroleum fuels, including biofuels, that
are flammable, toxic, or corrosive or would be harmful
to the environment if released in significant
quantities; and''.
SEC. 14. CARBON DIOXIDE PIPELINES.
Section 60102(i) is amended to read as follows:
``(i) Pipelines Transporting Carbon Dioxide.--
``(1) Minimum safety standards.--The Secretary shall
prescribe minimum safety standards for the transportation of
carbon dioxide by pipeline in a gaseous state.
``(2) Standards applicable to certain pipelines.--For
pipelines that transport carbon dioxide in both a liquid and
gaseous state, the Secretary shall apply standards, in effect
on the date of enactment of the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011, for the transportation
of carbon dioxide by pipeline in a liquid state to the
transportation of carbon dioxide by pipeline in a gaseous
state.''.
SEC. 15. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Transportation shall complete a comprehensive review
of hazardous liquid pipeline facility regulations to determine whether
these regulations are sufficient to regulate pipeline facilities used
for the transportation of diluted bitumen. In conducting this review,
the Secretary shall conduct an analysis of whether any increase in risk
of release exists for pipeline facilities transporting diluted bitumen.
The Secretary shall report the results of this review to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure and
Committee on Energy and Commerce.
SEC. 16. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY
PIPELINE.
The Secretary of Transportation may conduct an analysis of the
transportation of non-petroleum hazardous liquids by pipeline facility
for the purpose of identifying the extent to which pipeline facilities
are currently being used to transport non-petroleum hazardous liquids,
such as chlorine, from chemical production facilities across land areas
not owned by the producer that are accessible to the public. The
analysis should identify the extent to which the safety of the pipeline
facilities is unregulated by the States and evaluate whether the
transportation of such chemicals by pipeline facility across areas
accessible to the public would present significant risks to public
safety, property, or the environment in the absence of regulation. The
results of the analysis shall be made available to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure and
Committee on Energy and Commerce.
SEC. 17. CLARIFICATIONS.
(a) Amendment of Procedures Clarification.--Section 60108(a)(1) is
amended by striking ``an intrastate'' and inserting ``a''.
(b) Owner and Operator Clarification.--Section 60102(a)(2)(A) is
amended by striking ``owners and operators'' and inserting ``any or all
of the owners or operators''.
SEC. 18. MAINTENANCE OF EFFORT.
Section 60107(b) is amended by adding at the end the following:
``For each of fiscal years 2012 and 2013, the Secretary shall grant
such a wavier to a State if the State can demonstrate an inability to
maintain or increase the required funding share of its pipeline safety
program at or above the level required by this subsection due to
economic hardship in that State. For fiscal year 2014 and each fiscal
year thereafter, the Secretary may grant such a waiver to a State if
the State can make the demonstration described in the preceding
sentence.''.
SEC. 19. ADMINISTRATIVE ENFORCEMENT PROCESS.
(a) Issuance of Regulations.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall prescribe
regulations--
(A) requiring hearings under sections 60112, 60117,
60118, and 60122 to be convened before a presiding
official;
(B) providing the opportunity for any person
requesting a hearing under section 60112, 60117, 60118,
or 60122 to arrange for a transcript of that hearing,
at the expense of the requesting person;
(C) ensuring expedited review of any order issued
pursuant to section 60112(e);
(D) implementing a separation of functions between
personnel involved with investigative and prosecutorial
activities and advising the Secretary on findings and
determinations; and
(E) prohibiting ex-parte communication relevant to
the question to be decided in the case by parties to an
investigation or hearing.
(2) Presiding official.--The regulations prescribed under
this subsection shall--
(A) define the term ``presiding official'' to mean
the person who conducts any hearing relating to civil
penalty assessments, compliance orders, safety orders,
or corrective action orders; and
(B) require that the presiding official must be an
attorney on the staff of the Deputy Chief Counsel that
is not engaged in investigative or prosecutorial
functions, including the preparation of notices of
probable violations, notices relating to civil penalty
assessments, notices relating to compliance, or notices
of proposed corrective actions.
(3) Expedited review.--The regulations prescribed under
this subsection shall define the term ``expedited review'' for
the purposes of paragraph (1)(C).
(b) Standards of Judicial Review.--Section 60119(a) is amended by
adding at the end the following new paragraph:
``(3) A judicial review of agency action under this section shall
apply the standards of review established in section 706 of title 5.''.
SEC. 20. GAS AND HAZARDOUS LIQUID GATHERING LINES.
(a) Review.--The Secretary of Transportation shall complete a
review of existing Federal and State regulations for gas and hazardous
liquid gathering lines located onshore and offshore in the United
States, including within the inlets of the Gulf of Mexico.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the House
of Representatives Committee on Transportation and
Infrastructure and Committee on Energy and Commerce and the
Senate Committee on Commerce, Science, and Transportation a
report on the results of the review.
(2) Recommendations.--The report shall include the
Secretary's recommendations with respect to--
(A) the sufficiency of existing Federal and State
laws and regulations to ensure the safety of gas and
hazardous liquid gathering lines;
(B) quantifying the economical and technical
practicability and challenges of applying existing
Federal regulations to gathering lines that are
currently not subject to Federal regulation when
compared to the public safety benefits; and
(C) subject to a risk-based assessment, the need to
modify or revoke existing exemptions from Federal
regulation for gas and hazardous liquid gathering
lines.
SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read
as follows:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--To carry out the provisions of this
chapter related to gas and hazardous liquid and section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355), there is authorized to be
appropriated to the Department of Transportation for each of
fiscal years 2012 through 2015, from fees collected under
section 60301, $88,014,000, of which $4,686,000 is for carrying
out such section 12 and $34,461,000 is for making grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated by paragraph (1), there is
authorized to be appropriated for each of fiscal years 2012
through 2015 from the Oil Spill Liability Trust Fund to carry
out the provisions of this chapter related to hazardous liquid
and section 12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107-355), $18,905,000, of
which $2,185,000 is for carrying out such section 12 and
$4,985,000 is for making grants.''.
(b) Emergency Response Grants.--Section 60125(b)(2) is amended by
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
(c) One-Call Notification Programs.--Section 6107 is amended--
(1) in subsection (a) by striking ``2007 through 2010.''
and inserting ``2012 through 2015.'';
(2) in subsection (b) by striking ``2007 through 2010.''
and inserting ``2012 through 2015.''; and
(3) by striking subsection (c).
(d) State Damage Prevention Programs.--Section 60134 is amended by
adding at the end the following:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this section
$1,500,000 for each of fiscal years 2012 through 2015. Such funds shall
remain available until expended.''.
(e) Community Pipeline Safety Information Grants.--Section 60130 is
amended--
(1) in subsection (b)--
(A) by inserting ``to grant recipients and their
contractors'' after ``this section''; and
(B) by inserting ``, for any type of advocacy
activity for or against a pipeline construction or
expansion project,'' after ``for lobbying''; and
(2) in subsection (d) by striking ``2010'' and inserting
``2015''.
(f) Pipeline Transportation Research and Development.--Section 12
of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note)
is amended--
(1) in subsection (d) by adding at the end the following:
``(3) Ongoing pipeline transportation research and
development.--
``(A) In general.--After the initial 5-year program
plan has been carried out by the participating
agencies, the Secretary of Transportation shall prepare
a research and development program plan every 5 years
thereafter and shall transmit a report to Congress on
the status and results-to-date of implementation of the
program every 2 years.
``(B) Consultation.--The Secretary of
Transportation shall comply with the consultation
requirements of subsection (d)(2) when preparing the
program plan and in the selection and prioritization of
research and development projects.
``(C) Funding from non-federal sources.--When
carrying out research and development activities, the
Secretary, to the greatest extent practicable, shall
obtain funding for research and development projects
from non-Federal sources.''; and
(2) in subsection (f) by striking ``2003 through 2006.''
and inserting ``2012 through 2015.''.
Passed the House of Representatives December 12, 2011.
Attest:
Clerk.
112th CONGRESS
1st Session
H. R. 2845
_______________________________________________________________________
AN ACT
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.