[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2299 Engrossed in Senate (ES)]
<DOC>
116th CONGRESS
2d Session
S. 2299
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to enhance the safety and
reliability of pipeline transportation, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting our
Infrastructure of Pipelines and Enhancing Safety Act of 2020'' or the
``PIPES Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE
Sec. 101. Authorization of appropriations.
Sec. 102. Pipeline workforce development.
Sec. 103. Cost recovery and fees for facility reviews.
Sec. 104. Advancement of new pipeline safety technologies and
approaches.
Sec. 105. Pipeline safety testing enhancement study.
Sec. 106. Regulatory updates.
Sec. 107. Self-disclosure of violations.
Sec. 108. Due process protections in enforcement proceedings.
Sec. 109. Pipeline operating status.
Sec. 110. Liquefied natural gas facility project reviews.
Sec. 111. Updates to standards for liquefied natural gas facilities.
Sec. 112. National Center of Excellence for Liquefied Natural Gas
Safety and Training.
Sec. 113. Prioritization of rulemaking.
Sec. 114. Leak detection and repair.
Sec. 115. Inspection and maintenance plans.
Sec. 116. Consideration of pipeline class location changes.
Sec. 117. Protection of employees providing pipeline safety
information.
Sec. 118. Transportation Technology Center.
Sec. 119. Interstate drug and alcohol oversight.
Sec. 120. Savings clause.
TITLE II--LEONEL RONDON PIPELINE SAFETY ACT
Sec. 201. Short title.
Sec. 202. Distribution integrity management plans.
Sec. 203. Emergency response plans.
Sec. 204. Operations and maintenance manuals.
Sec. 205. Pipeline safety management systems.
Sec. 206. Pipeline safety practices.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Pipeline and Hazardous Materials Safety Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125 of title 49, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--From fees collected under section 60301,
there are authorized to be appropriated to the Secretary to
carry out section 12 of the Pipeline Safety Improvement Act of
2002 (49 U.S.C. 60101 note; Public Law 107-355) and the
provisions of this chapter relating to gas and hazardous
liquid--
``(A) $147,000,000 for fiscal year 2020, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $60,000,000 shall be used for making
grants;
``(B) $151,000,000 for fiscal year 2021, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $63,000,000 shall be used for making
grants;
``(C) $155,000,000 for fiscal year 2022, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $66,000,000 shall be used for making
grants; and
``(D) $159,000,000 for fiscal year 2023, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $69,000,000 shall be used for making
grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated from the Oil Spill Liability
Trust Fund established by section 9509(a) of the Internal
Revenue Code of 1986 to carry out section 12 of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
Law 107-355) and the provisions of this chapter relating to
hazardous liquid--
``(A) $25,000,000 for fiscal year 2020, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $10,000,000 shall be used for making
grants;
``(B) $26,000,000 for fiscal year 2021, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $11,000,000 shall be used for making
grants;
``(C) $27,000,000 for fiscal year 2022, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $12,000,000 shall be used for making
grants; and
``(D) $28,000,000 for fiscal year 2023, of which--
``(i) $3,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $13,000,000 shall be used for making
grants.
``(3) Underground natural gas storage facility safety
account.--From fees collected under section 60302, there is
authorized to be appropriated to the Secretary to carry out
section 60141 $8,000,000 for each of fiscal years 2020 through
2023.''.
(b) Operational Expenses.--Section 2(b) of the PIPES Act of 2016
(Public Law 114-183; 130 Stat. 515) is amended by striking paragraphs
(1) through (4) and inserting the following:
``(1) $24,000,000 for fiscal year 2020.
``(2) $25,000,000 for fiscal year 2021.
``(3) $26,000,000 for fiscal year 2022.
``(4) $27,000,000 for fiscal year 2023.''.
(c) One-call Notification Programs.--Section 6107 of title 49,
United States Code, is amended by striking ``$1,058,000 for each of
fiscal years 2016 through 2019'' and inserting ``$1,058,000 for each of
fiscal years 2020 through 2023''.
(d) Emergency Response Grants.--Section 60125(b)(2) of title 49,
United States Code, is amended by striking ``fiscal years 2012 through
2015'' and inserting ``fiscal years 2020 through 2023''.
(e) Pipeline Safety Information Grants to Communities.--Section
60130 of title 49, United States Code, is amended--
(1) in subsection (a)(1), in the first sentence, by
striking ``to local communities and groups of individuals (not
including for-profit entities)'' and inserting ``to local
communities, Indian Tribes, and groups of individuals (not
including for-profit entities)''; and
(2) by striking subsection (c) and inserting the following:
``(c) Funding.--
``(1) In general.--Out of amounts made available under
section 2(b) of the PIPES Act of 2016 (Public Law 114-183; 130
Stat. 515), the Secretary shall use $1,500,000 for each of
fiscal years 2020 through 2023 to carry out this section.
``(2) Limitation.--Any amounts used to carry out this
section shall not be derived from user fees collected under
section 60301.''.
(f) Damage Prevention Programs.--Section 60134(i) of title 49,
United States Code, is amended in the first sentence by striking
``fiscal years 2012 through 2015'' and inserting ``fiscal years 2020
through 2023''.
(g) Pipeline Integrity Program.--Section 12(f) of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107-
355) is amended by striking ``2016 through 2019'' and inserting ``2020
through 2023''.
SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.
(a) Inspector Training.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(1) review the inspector training programs provided at the
Inspector Training and Qualifications Division of the
Administration in Oklahoma City, Oklahoma; and
(2) determine whether any of the programs referred to in
paragraph (1), or any portions of the programs, could be
provided online through teletraining or another type of
distance learning.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committees on Transportation and Infrastructure,
Energy and Commerce, and Science, Space, and Technology of the
House of Representatives and make publicly available on a
website of the Department of Transportation a report containing
a comprehensive workforce plan for the Administration.
(2) Contents.--The report under paragraph (1) shall
include--
(A) a description of the current staffing at the
Administration;
(B) an identification of the staff needed to
achieve the mission of the Administration over the next
10 years following the date of the report;
(C) an evaluation of whether the inspector training
programs referred to in subsection (a)(1) provide
appropriate exposure to pipeline operations and current
pipeline safety technology;
(D) a summary of any gaps between the current
workforce of the Administration and the future human
capital needs of the Administration; and
(E) a description of how the Administration--
(i) uses the retention incentives defined
by the Office of Personnel Management; and
(ii) plans to use those retention
incentives as part of the comprehensive
workforce plan of the Administration.
SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS.
(a) Fees for Compliance Reviews of Liquefied Natural Gas
Facilities.--Chapter 603 of title 49, United States Code, is amended by
inserting after section 60302 the following:
``Sec. 60303. Fees for compliance reviews of liquefied natural gas
facilities
``(a) Imposition of Fee.--
``(1) In general.--The Secretary of Transportation
(referred to in this section as the `Secretary') shall impose
on a person who files with the Federal Energy Regulatory
Commission an application for a liquefied natural gas facility
that has design and construction costs totaling not less than
$2,500,000,000 a fee for the necessary expenses of a review, if
any, that the Secretary conducts, in connection with that
application, to determine compliance with subpart B of part 193
of title 49, Code of Federal Regulations (or successor
regulations).
``(2) Relation to other review.--The Secretary may not
impose fees under paragraph (1) and section 60117(o) or
60301(b) for the same compliance review described in paragraph
(1).
``(b) Means of Collection.--
``(1) In general.--The Secretary shall prescribe procedures
to collect fees under this section.
``(2) Use of government entities.--The Secretary may--
``(A) use a department, agency, or instrumentality
of the Federal Government or of a State or local
government to collect fees under this section; and
``(B) reimburse that department, agency, or
instrumentality a reasonable amount for the services
provided.
``(c) Account.--There is established an account, to be known as the
`Liquefied Natural Gas Siting Account', in the Pipeline Safety Fund
established in the Treasury of the United States under section
60301.''.
(b) Clerical Amendment.--The table of sections for chapter 603 of
title 49, United States Code, is amended by inserting after the item
relating to section 60302 the following:
``60303. Fees for compliance reviews of liquefied natural gas
facilities.''.
SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND
APPROACHES.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 60142. Pipeline safety enhancement programs
``(a) In General.--The Secretary may establish and carry out
limited safety-enhancing testing programs during the period of fiscal
years 2020 through 2026 to evaluate innovative technologies and
operational practices testing the safe operation of--
``(1) a natural gas pipeline facility; or
``(2) a hazardous liquid pipeline facility.
``(b) Limitations.--
``(1) In general.--Such testing programs may not exceed--
``(A) 5 percent of the total miles of hazardous
liquid pipelines in the United States; and
``(B) 5 percent of the total miles of natural gas
pipelines in the United States.
``(2) High population areas.--Any program established under
subsection (a) shall not be located in a high population area
(as defined in section 195.450 of title 49, Code of Federal
Regulations).
``(c) Duration.--The term of a testing program established under
subsection (a) shall be not more than a period of 4 years beginning on
the date of approval of the program.
``(d) Safety Standards.--
``(1) In general.--The Secretary shall require, as a
condition of approval of a testing program under subsection
(a), that the safety measures in the testing program are
designed to achieve a level of safety that is greater than, or
equivalent to, the level of safety required by this chapter.
``(2) Determination.--
``(A) In general.--The Secretary may issue an order
under subparagraph (A) of section 60118(c)(1) to
accomplish the purpose of a testing program for a term
not to exceed the time period described in subsection
(c) if the condition described in paragraph (1) is met,
as determined by the Secretary.
``(B) Limitation.--An order under subparagraph (A)
shall pertain only to those regulations that would
otherwise prevent the use of the safety technology to
be tested under the testing program.
``(e) Considerations.--In establishing a testing program under
subsection (a), the Secretary shall consider--
``(1) whether the owners or operators participating in the
program have a safety management system in place; and
``(2) whether the proposed safety technology has been
tested through a research and development program carried out
by--
``(A) the Secretary;
``(B) collaborative research development
organizations; or
``(C) other institutions.
``(f) Data and Findings.--As a participant in a testing program
established under subsection (a), an operator shall submit to the
Secretary detailed findings and a summary of data collected as a result
of participation in the testing program.
``(g) Authority to Revoke Participation.--The Secretary shall
immediately revoke participation in a testing program under subsection
(a) if--
``(1) the participant fails to comply with the terms and
conditions of the testing program; or
``(2) in the determination of the Secretary, continued
participation in the testing program by the participant would
be unsafe or would not be consistent with the goals and
objectives of this chapter.
``(h) Authority to Terminate Program.--The Secretary shall
immediately terminate a testing program under subsection (a) if
continuation of the testing program would not be consistent with the
goals and objectives of this chapter.
``(i) State Rights.--
``(1) Exemption.--Except as provided in paragraph (2), if a
State submits to the Secretary notice that the State requests
an exemption from any testing program considered for
establishment under this section, the State shall be exempt.
``(2) Limitations.--
``(A) In general.--The Secretary shall not grant a
requested exemption under paragraph (1) after a testing
program is established.
``(B) Late notice.--The Secretary shall not grant a
requested exemption under paragraph (1) if the notice
submitted under that paragraph is submitted to the
Secretary more than 10 days after the date on which the
Secretary issues an order providing an effective date
for the testing program.
``(3) Effect.--If a State has not submitted a notice
requesting an exemption under paragraph (1), the State shall
not enforce any law (including regulations) that is
inconsistent with a testing program in effect in the State
under this section.
``(j) Program Review Process and Public Notice.--
``(1) In general.--The Secretary shall publish in the
Federal Register and send directly to each relevant State
authority with a certification in effect under section 60105 a
notice of each testing program under subsection (a), including
the order to be considered, and provide an opportunity for
public comment for not less than 90 days.
``(2) Response from secretary.--Not later than the date on
which the Secretary issues an order providing an effective date
of a testing program noticed under paragraph (1), the Secretary
shall respond to each comment submitted under that paragraph.
``(k) Report to Congress.--At the conclusion of each testing
program, the Secretary shall make publicly available on the website of
the Department of Transportation a report containing--
``(1) the findings and conclusions of the Secretary with
respect to the testing program; and
``(2) any recommendations of the Secretary with respect to
the testing program, including any recommendations for
amendments to laws (including regulations) and the
establishment of standards, that--
``(A) would enhance the safe operation of
interstate gas or hazardous liquid pipeline facilities;
and
``(B) are technically, operationally, and
economically feasible.
``(l) Standards.--If a report under subsection (k) indicates that
it is practicable to establish technically, operationally, and
economically feasible standards for the use of a safety-enhancing
technology and any corresponding operational practices tested by the
testing program described in the report, the Secretary, as soon as
practicable after submission of the report, may promulgate regulations
consistent with chapter 5 of title 5 (commonly known as the
`Administrative Procedures Act') that--
``(1) allow operators of interstate gas or hazardous liquid
pipeline facilities to use the relevant technology or practice
to the extent practicable; and
``(2) establish technically, operationally, and
economically feasible standards for the capability and
deployment of the technology or practice.''.
(b) Clerical Amendment.--The table of sections for chapter 601 of
title 49, United States Code, is amended by inserting after the item
relating to section 60141 the following:
``60142. Pipeline safety enhancement programs.''.
SEC. 105. PIPELINE SAFETY TESTING ENHANCEMENT STUDY.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on Transportation and
Infrastructure, Energy and Commerce, and Science, Space, and Technology
of the House of Representatives a report relating to--
(1) the research and development capabilities of the
Administration, in accordance with section 12 of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
Law 107-355);
(2)(A) the development of additional testing and research
capabilities through the establishment of an independent
pipeline safety testing facility under the Department of
Transportation;
(B) whether an independent pipeline safety testing facility
would be critical to the work of the Administration;
(C) the costs and benefits of developing an independent
pipeline safety testing facility under the Department of
Transportation; and
(D) the costs and benefits of colocating an independent
pipeline safety testing facility at an existing training center
of the Administration; and
(3) the ability of the Administration to use the testing
facilities of the Department of Transportation, other Federal
agencies, or federally funded research and development centers.
SEC. 106. REGULATORY UPDATES.
(a) Definition of Outstanding Mandate.--In this section, the term
``outstanding mandate'' means--
(1) a final rule required to be issued under the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90; 125 Stat. 1904) that has not been published
in the Federal Register;
(2) a final rule required to be issued under the PIPES Act
of 2016 (Public Law 114-183; 130 Stat. 514) that has not been
published in the Federal Register; and
(3) any other final rule regarding gas or hazardous liquid
pipeline facilities required to be issued under this Act or an
Act enacted prior to the date of enactment of this Act that has
not been published in the Federal Register.
(b) Requirements.--
(1) Periodic updates.--Not later than 30 days after the
date of enactment of this Act, and every 30 days thereafter
until a final rule referred to in paragraphs (1) through (3) of
subsection (a) is published in the Federal Register, the
Secretary shall publish on a publicly available website of the
Department of Transportation an update regarding the status of
each outstanding mandate in accordance with subsection (c).
(2) Notification of congress.--On publication of a final
rule in the Federal Register for an outstanding mandate, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of
the House of Representatives a notification in accordance with
subsection (c).
(c) Contents.--An update published or a notification submitted
under paragraph (1) or (2) of subsection (b) shall contain, as
applicable--
(1) with respect to information relating to the
Administration--
(A) a description of the work plan for each
outstanding mandate;
(B) an updated rulemaking timeline for each
outstanding mandate;
(C) the staff allocations with respect to each
outstanding mandate;
(D) any resource constraints affecting the
rulemaking process for each outstanding mandate;
(E) any other details associated with the
development of each outstanding mandate that affect the
progress of the rulemaking process with respect to that
outstanding mandate; and
(F) a description of all rulemakings regarding gas
or hazardous liquid pipeline facilities published in
the Federal Register that are not identified under
subsection (b)(2); and
(2) with respect to information relating to the Office of
the Secretary--
(A) the date that the outstanding mandate was
submitted to the Office of the Secretary for review;
(B) the reason that the outstanding mandate is
under review beyond 45 days;
(C) the staff allocations within the Office of the
Secretary with respect to each the outstanding mandate;
(D) any resource constraints affecting review of
the outstanding mandate;
(E) an estimated timeline of when review of the
outstanding mandate will be complete, as of the date of
the update;
(F) if applicable, the date that the outstanding
mandate was returned to the Administration for revision
and the anticipated date for resubmission to the Office
of the Secretary;
(G) the date that the outstanding mandate was
submitted to the Office of Management and Budget for
review; and
(H) a statement of whether the outstanding mandate
remains under review by the Office of Management and
Budget.
SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.
Section 60122(b)(1) of title 49, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
and
(2) by adding at the end the following:
``(D) self-disclosure and correction of violations,
or actions to correct a violation, prior to discovery
by the Pipeline and Hazardous Materials Safety
Administration; and''.
SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.
(a) In General.--Section 60117 of title 49, United States Code, is
amended--
(1) by redesignating subsections (b) through (o) as
subsections (c) through (p), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Enforcement and Regulatory Procedures.--
``(1) Request for formal hearing.--On request of a
respondent in an enforcement or regulatory proceeding under
this chapter, a hearing shall be held in accordance with
section 554 of title 5.
``(2) Administrative law judge.--A hearing under paragraph
(1) shall be conducted by an administrative law judge appointed
under section 3105 of title 5.
``(3) Open to the public.--
``(A) Hearings.--A hearing under paragraph (1)
shall be--
``(i) noticed to the public--
``(I) on the website of the
Pipeline and Hazardous Materials Safety
Administration; and
``(II) in the Federal Register; and
``(ii) open to the public.
``(B) Agreements, orders, and judgments.--A consent
agreement, consent order, order, or judgment resulting
from a hearing under paragraph (1) shall be made
available to the public on the website of the Pipeline
and Hazardous Materials Safety Administration.
``(4) Procedures.--In implementing enforcement and
regulatory procedures under this chapter, the Secretary shall--
``(A) allow the use of a consent agreement and
consent order to resolve any matter of fact or law
asserted;
``(B) allow the respondent and the agency to
convene 1 or more meetings--
``(i) for settlement or simplification of
the issues; or
``(ii) to aid in the disposition of issues;
``(C) require that the case file in an enforcement
proceeding include all agency records pertinent to the
matters of fact and law asserted;
``(D) require that a recommended decision be made
available to the respondent when issued;
``(E) allow a respondent to reply to any post-
hearing submission;
``(F) allow a respondent to request--
``(i) that a hearing be held, and a
recommended decision and order issued, on an
expedited basis; or
``(ii) that a hearing not commence for a
period of not less than 90 days;
``(G) require that the agency have the burden of
proof, presentation, and persuasion in any enforcement
matter;
``(H) require that any recommended decision and
order contain findings of fact and conclusions of law;
``(I) require the Associate Administrator of the
Office of Pipeline Safety to file a post-hearing
recommendation not later than 30 days after the
deadline for any post-hearing submission of a
respondent;
``(J) require an order on a petition for
reconsideration to be issued not later than 120 days
after the date on which the petition is filed; and
``(K) allow an operator to request that an issue of
controversy or uncertainty be addressed through a
declaratory order in accordance with section 554(e) of
title 5, which order shall be issued not later than 120
days after the date on which a request is made.
``(5) Savings clause.--Nothing in this subsection alters
the procedures applicable to an emergency order under
subsection (p).''.
(b) Conforming Amendments.--
(1) Section 60109(g)(4) of title 49, United States Code, is
amended by striking ``section 60117(c)'' and inserting
``section 60117(d)''.
(2) Section 60117(p) of title 49, United States Code (as
redesignated by subsection (a)(1)), is amended, in paragraph
(3)(E), by striking ``60117(l)'' and inserting ``subsection
(m)''.
(3) Section 60118(a)(3) of title 49, United States Code, is
amended by striking ``section 60117(a)-(d)'' and inserting
``subsections (a) through (e) of section 60117''.
SEC. 109. PIPELINE OPERATING STATUS.
(a) In General.--Chapter 601 of title 49, United States Code (as
amended by section 104(a)), is amended by adding at the end the
following:
``Sec. 60143. Idled pipelines
``(a) Definition of Idled.--In this section, the term `idled', with
respect to a pipeline, means that the pipeline--
``(1)(A) has ceased normal operations; and
``(B) will not resume service for a period of not less than
180 days;
``(2) has been isolated from all sources of hazardous
liquid, natural gas, or other gas; and
``(3)(A) has been purged of combustibles and hazardous
materials and maintains a blanket of inert, nonflammable gas at
low pressure; or
``(B) has not been purged as described in subparagraph (A),
but the volume of gas is so small that there is no potential
hazard.
``(b) Rulemaking.--
``(1) In general.--Not later than 2 years after the date of
enactment of the PIPES Act of 2020, the Secretary shall
promulgate regulations prescribing the applicability of the
pipeline safety requirements to idled natural or other gas
transmission and hazardous liquid pipelines.
``(2) Requirements.--
``(A) In general.--The applicability of the
regulations under paragraph (1) shall be based on the
risk that idled natural or other gas transmission and
hazardous liquid pipelines pose to the public,
property, and the environment, and shall include
requirements to resume operation.
``(B) Inspection.--The Secretary or an appropriate
State agency shall inspect each idled pipeline and
verify that the pipeline has been purged of
combustibles and hazardous materials, if required under
subsection (a).
``(C) Requirements for reinspection.--The Secretary
shall determine the requirements for periodic
reinspection of idled natural or other gas transmission
and hazardous liquid pipelines.''.
(b) Clerical Amendment.--The table of sections for chapter 601 of
title 49, United States Code (as amended by section 104(b)), is amended
by inserting after the item relating to section 60142 the following:
``60143. Idled pipelines.''.
SEC. 110. LIQUEFIED NATURAL GAS FACILITY PROJECT REVIEWS.
Section 60103(a) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively, and indenting
appropriately;
(2) in the first sentence, by striking ``The Secretary of
Transportation'' and inserting the following:
``(1) In general.--The Secretary of Transportation'';
(3) in the second sentence, by striking ``In prescribing a
standard'' and inserting the following:
``(2) Considerations.--In prescribing a standard under
paragraph (1)''; and
(4) by adding at the end the following:
``(3) Use of location standards.--If a Federal or State
authority with jurisdiction over liquefied natural gas pipeline
facility permits or approvals is using the location standards
prescribed under paragraph (1) for purposes of making a
decision with respect to the location of a new liquefied
natural gas pipeline facility and submits to the Secretary of
Transportation a request to provide a determination of whether
the new liquefied natural gas pipeline facility would meet the
location standards, the Secretary may provide such a
determination to the requesting Federal or State authority.
``(4) Effect.--Nothing in this subsection or subsection
(b)--
``(A) affects--
``(i) section 3 of the Natural Gas Act (15
U.S.C. 717b);
``(ii) the authority of the Federal Energy
Regulatory Commission to carry out that
section; or
``(iii) any other similar authority of any
other Federal or State agency; or
``(B) requires the Secretary of Transportation to
formally approve any project proposal or otherwise
perform any siting functions.''.
SEC. 111. UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS FACILITIES.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall--
(1) review the minimum operating and maintenance standards
prescribed under section 60103(d) of title 49, United States
Code; and
(2) based on the review under paragraph (1), update the
standards described in that paragraph applicable to large-scale
liquefied natural gas facilities (other than peak shaving
facilities) to provide for a risk-based regulatory approach for
such facilities, consistent with this section.
(b) Scope.--In updating the minimum operating and maintenance
standards under subsection (a)(2), the Secretary shall ensure that all
regulations, guidance, and internal documents are developed and applied
in a manner consistent with this section.
(c) Requirements.--The updates to the operating and maintenance
standards required under subsection (a)(2) shall, at a minimum, require
operators--
(1) to develop and maintain written safety information
identifying hazards associated with--
(A) the processes of liquefied natural gas
conversion, storage, and transport;
(B) equipment used in the processes; and
(C) technology used in the processes;
(2) to conduct a hazard assessment, including the
identification of potential sources of accidental releases;
(3)(A) to consult with employees and representatives of
employees on the development and conduct of hazard assessments
under paragraph (2); and
(B) to provide employees access to the records of the
hazard assessments and any other records required under the
updated standards;
(4) to establish a system to respond to the findings of a
hazard assessment conducted under paragraph (2) that addresses
prevention, mitigation, and emergency responses;
(5) to review, when a design change occurs, a hazard
assessment conducted under paragraph (2) and the response
system established under paragraph (4);
(6) to develop and implement written operating procedures
for the processes of liquefied natural gas conversion, storage,
and transport;
(7)(A) to provide written safety and operating information
to employees; and
(B) to train employees in operating procedures with an
emphasis on addressing hazards and using safe practices;
(8) to ensure contractors and contract employees are
provided appropriate information and training;
(9) to train and educate employees and contractors in
emergency response;
(10) to establish a quality assurance program to ensure
that equipment, maintenance materials, and spare parts relating
to the operations and maintenance of liquefied natural gas
facilities are fabricated and installed consistent with design
specifications;
(11) to establish maintenance systems for critical process-
related equipment, including written procedures, employee
training, appropriate inspections, and testing of that
equipment to ensure ongoing mechanical integrity;
(12) to conduct pre-start-up safety reviews of all newly
installed or modified equipment;
(13) to establish and implement written procedures to
manage change to processes of liquefied natural gas conversion,
storage, and transport, technology, equipment, and facilities;
and
(14)(A) to investigate each incident that results in, or
could have resulted in--
(i) loss of life;
(ii) destruction of private property; or
(iii) a major accident; and
(B) to have operating personnel--
(i) review any findings of an investigation under
subparagraph (A); and
(ii) if appropriate, take responsive measures.
SEC. 112. NATIONAL CENTER OF EXCELLENCE FOR LIQUEFIED NATURAL GAS
SAFETY AND TRAINING.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means the National Center
of Excellence for Liquefied Natural Gas Safety and Training
established under subsection (b).
(2) LNG.--The term ``LNG'' means liquefied natural gas.
(3) LNG sector stakeholder.--The term ``LNG sector
stakeholder'' means a representative of--
(A) LNG facilities that represent the broad array
of LNG facilities operating in the United States;
(B) States, Indian Tribes, and units of local
government;
(C) postsecondary education;
(D) labor organizations;
(E) safety organizations; or
(F) Federal regulatory agencies of jurisdiction,
which may include--
(i) the Administration;
(ii) the Federal Energy Regulatory
Commission;
(iii) the Department of Energy;
(iv) the Occupational Safety and Health
Administration;
(v) the Coast Guard; and
(vi) the Maritime Administration.
(b) Establishment.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with LNG sector
stakeholders, shall establish a center, to be known as the ``National
Center of Excellence for Liquefied Natural Gas Safety and Training''.
(c) Functions.--The Center shall, for activities regulated under
section 60103 of title 49, United States Code--
(1) promote, facilitate, and conduct--
(A) education;
(B) training; and
(C) technological advancements;
(2) be a repository of information on best practices
relating to, and expertise on, LNG operations;
(3) foster collaboration among stakeholders; and
(4) provide a curriculum for training that incorporates--
(A) risk-based principles into the operation,
management, and regulatory oversight of LNG facilities;
(B) the reliance on subject matter expertise within
the LNG industry;
(C) the transfer of knowledge and expertise between
the LNG industry and regulatory agencies; and
(D) training and workshops that occur at
operational facilities.
(d) Location.--
(1) In general.--The Center shall be located in close
proximity to critical LNG transportation infrastructure on, and
connecting to, the Gulf of Mexico, as determined by the
Secretary.
(2) Considerations.--In determining the location of the
Center, the Secretary shall--
(A) take into account the strategic value of
locating resources in close proximity to LNG
facilities; and
(B) locate the Center in the State with the largest
LNG production capacity, as determined by the total
capacity (in billion cubic feet per day) of LNG
production authorized by the Federal Energy Regulatory
Commission under section 3 of the Natural Gas Act (15
U.S.C. 717b) as of the date of enactment of this Act.
(e) Coordination With TQ Training Center.--In carrying out the
functions described in subsection (c), the Center shall coordinate with
the Training and Qualifications Training Center of the Administration
in Oklahoma City, Oklahoma, to facilitate knowledge sharing among, and
enhanced training opportunities for, Federal and State pipeline safety
inspectors and investigators.
(f) Joint Operation With Educational Institution.--The Secretary
may enter into an agreement with an appropriate official of an
institution of higher education--
(1) to provide for joint operation of the Center; and
(2) to provide necessary administrative services for the
Center.
SEC. 113. PRIORITIZATION OF RULEMAKING.
(a) Rulemaking.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall ensure completion of and publish in
the Federal Register the outstanding rulemaking entitled ``Pipeline
Safety: Safety of Gas Transmission and Gathering Pipelines'', published
in the Federal Register on April 8, 2016 (81 Fed. Reg. 20722; Docket
No. PHMSA-2011-0023), as that rulemaking relates to the consideration
of gathering pipelines.
(b) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) review the extent to which geospatial and technical
data is collected by operators of gathering lines, including
design and material specifications;
(2) analyze information collected by operators of gathering
lines when the mapping information described in paragraph (1)
is not available for a gathering line; and
(3) assess any plans and timelines of operators of
gathering lines to develop the mapping information described in
paragraph (1) or otherwise collect information described in
paragraph (2).
(c) Report.--The Comptroller General of the United States shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committees on Transportation and Infrastructure and
Energy and Commerce of the House of Representatives a report on the
review required under subsection (b), including any recommendations
that the Comptroller General of the United States may have as a result
of the review.
SEC. 114. LEAK DETECTION AND REPAIR.
Section 60102 of title 49, United States Code, is amended by adding
at the end the following:
``(q) Gas Pipeline Leak Detection and Repair.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall promulgate
final regulations that require operators of regulated gathering
lines (as defined pursuant to subsection (b) of section 60101
for purposes of subsection (a)(21) of that section) in a Class
2 location, Class 3 location, or Class 4 location, as
determined under section 192.5 of title 49, Code of Federal
Regulations, operators of new and existing gas transmission
pipeline facilities, and operators of new and existing gas
distribution pipeline facilities to conduct leak detection and
repair programs--
``(A) to meet the need for gas pipeline safety, as
determined by the Secretary; and
``(B) to protect the environment.
``(2) Leak detection and repair programs.--
``(A) Minimum performance standards.--The final
regulations promulgated under paragraph (1) shall
include, for the leak detection and repair programs
described in that paragraph, minimum performance
standards that reflect the capabilities of commercially
available advanced technologies that, with respect to
each pipeline covered by the programs, are appropriate
for--
``(i) the type of pipeline;
``(ii) the location of the pipeline;
``(iii) the material of which the pipeline
is constructed; and
``(iv) the materials transported by the
pipeline.
``(B) Requirement.--The leak detection and repair
programs described in paragraph (1) shall be able to
identify, locate, and categorize all leaks that--
``(i) are hazardous to human safety or the
environment; or
``(ii) have the potential to become
explosive or otherwise hazardous to human
safety.
``(3) Advanced leak detection technologies and practices.--
``(A) In general.--The final regulations
promulgated under paragraph (1) shall--
``(i) require the use of advanced leak
detection technologies and practices described
in subparagraph (B);
``(ii) identify any scenarios where
operators may use leak detection practices that
depend on human senses; and
``(iii) include a schedule for repairing or
replacing each leaking pipe, except a pipe with
a leak so small that it poses no potential
hazard, with appropriate deadlines.
``(B) Advanced leak detection technologies and
practices described.--The advanced leak detection
technologies and practices referred to in subparagraph
(A)(i) include--
``(i) for new and existing gas distribution
pipeline facilities, technologies and practices
to detect pipeline leaks--
``(I)(aa) through continuous
monitoring on or along the pipeline;
and
``(bb) in the case of an existing
facility, that do not impose any design
or installation requirements on
existing facilities that would be
inapplicable under section 60104(b); or
``(II) through periodic surveys
with handheld equipment, equipment
mounted on mobile platforms, or other
means using commercially available
technology;
``(ii) for new and existing gas
transmission pipeline facilities, technologies
and practices to detect pipeline leaks
through--
``(I) equipment that--
``(aa) is capable of
continuous monitoring; and
``(bb) in the case of an
existing facility, does not
impose any design or
installation requirements on
existing facilities that would
be inapplicable under section
60104(b); or
``(II) periodic surveys with
handheld equipment, equipment mounted
on mobile platforms, or other means
using commercially available
technology; and
``(iii) for regulated gathering lines in
Class 2 locations, Class 3 locations, or Class
4 locations, technologies and practices to
detect pipeline leaks through--
``(I) equipment that--
``(aa) is capable of
continuous monitoring; and
``(bb) in the case of an
existing facility, does not
impose any design or
installation requirements on
existing facilities that would
be inapplicable under section
60104(b); or
``(II) periodic surveys with
handheld equipment, equipment mounted
on mobile platforms, or other means
using commercially available
technology.
``(4) Savings clauses.--
``(A) Surveys and timelines.--In promulgating
regulations under this subsection, the Secretary--
``(i) shall not reduce the frequency of
surveys required under any other provision of
this chapter or stipulated by regulation as of
the date of enactment of this subsection; and
``(ii) shall not extend the duration of any
timelines for the repair or remediation of
leaks that are stipulated by regulation as of
the date of enactment of this subsection.
``(B) Application.--The limitations in this
paragraph do not restrict the Secretary's ability to
modify any regulations through proceedings separate
from or subsequent to the final regulations required
under paragraph (1).
``(C) Existing authority.--Nothing in this
subsection shall alter the authority of the Secretary
to regulate gathering lines as defined under section
60101.''.
SEC. 115. INSPECTION AND MAINTENANCE PLANS.
(a) In General.--Section 60108 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, must meet the
requirements of any regulations promulgated
under section 60102(q),'' after ``the need for
pipeline safety'';
(ii) in subparagraph (C), by striking
``and'' at the end; and
(iii) by striking subparagraph (D) and
inserting the following:
``(D) the extent to which the plan will contribute
to--
``(i) public safety;
``(ii) eliminating hazardous leaks and
minimizing releases of natural gas from
pipeline facilities; and
``(iii) the protection of the environment;
and
``(E) the extent to which the plan addresses the
replacement or remediation of pipelines that are known
to leak based on the material (including cast iron,
unprotected steel, wrought iron, and historic plastics
with known issues), design, or past operating and
maintenance history of the pipeline.''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Review of plans.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subparagraph, and not less
frequently than once every 5 years thereafter, the
Secretary or relevant State authority with a
certification in effect under section 60105 shall
review each plan described in this subsection.
``(B) Context of review.--The Secretary may conduct
a review under this paragraph as an element of the
inspection of the operator carried out by the Secretary
under subsection (b).
``(C) Inadequate programs.--If the Secretary
determines that a plan reviewed under this paragraph
does not comply with the requirements of this chapter
(including any regulations promulgated under this
chapter), has not been adequately implemented, is
inadequate for the safe operation of a pipeline
facility, or is otherwise inadequate, the Secretary may
conduct enforcement proceedings under this chapter.'';
and
(2) in subsection (b)(1)(B), by inserting ``construction
material,'' after ``method of construction,''.
(b) Deadline.--Not later than 1 year after the date of enactment of
this Act, each pipeline operator shall update the inspection and
maintenance plan prepared by the operator under section 60108(a) of
title 49, United States Code, to address the elements described in the
amendments to that section made by subsection (a).
(c) Inspection and Maintenance Plan Oversight.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to evaluate the procedures used by the
Secretary and States in reviewing plans prepared by pipeline
operators under section 60108(a) of title 49, United States
Code, pursuant to subsection (b) in minimizing releases of
natural gas from pipeline facilities.
(2) Report of the comptroller general of the united
states.--Not later than 1 year after the Secretary's review of
the operator plans prepared under section 60108(a) of title 49,
United States Code, the Comptroller General of the United
States shall submit to the Secretary, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report that--
(A) describes the results of the study conducted
under paragraph (1), including an evaluation of the
procedures used by the Secretary and States in
reviewing the effectiveness of the plans prepared by
pipeline operators under section 60108(a) of title 49,
United States Code, pursuant to subsection (b) in
minimizing releases of natural gas from pipeline
facilities; and
(B) provides recommendations for how to further
minimize releases of natural gas from pipeline
facilities without compromising pipeline safety based
on observations and information obtained through the
study conducted under paragraph (1).
(3) Response of the secretary.--Not later than 90 days
after the date on which the report under paragraph (2) is
published, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report that
includes--
(A) a response to the results of the study
conducted under paragraph (1) and the recommendations
contained in the report submitted under paragraph (2);
(B) a discussion of--
(i) the best available technologies or
practices to prevent or minimize, without
compromising pipeline safety, the release of
natural gas when making planned repairs,
replacements, or maintenance to a pipeline
facility;
(ii) the best available technologies or
practices to prevent or minimize, without
compromising pipeline safety, the release of
natural gas when the operator intentionally
vents or releases natural gas; and
(iii) pipeline facility designs that,
without compromising pipeline safety, mitigate
the need to intentionally vent natural gas; and
(C) a timeline for updating pipeline safety
regulations, as the Secretary determines to be
appropriate, to address--
(i) the recommendations of the Comptroller
General of the United States in the report
submitted under paragraph (2); and
(ii) the matters described in clauses (i)
through (iii) of subparagraph (B) based on the
discussion described in that subparagraph.
(4) Rulemaking.--
(A) In general.--Not later than 180 days after the
date on which the Secretary submits the report under
paragraph (3), the Secretary shall update, in
accordance with the timeline described in paragraph
(3)(C), pipeline safety regulations that the Secretary
has determined are necessary to protect the environment
without compromising pipeline safety.
(B) Report.--If the Secretary determines not to
promulgate or update regulations to address a
recommendation of the Comptroller General of the United
States made in the report submitted under paragraph
(2), the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committees on Transportation and Infrastructure and
Energy and Commerce of the House of Representatives a
justification for that decision and any supporting
documents or analysis used to make that decision.
SEC. 116. CONSIDERATION OF PIPELINE CLASS LOCATION CHANGES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Pipeline and Hazardous Materials
Safety Administration shall--
(1) review all comments submitted in response to the
advance notice of proposed rulemaking entitled ``Pipeline
Safety: Class Location Change Requirements'' (83 Fed. Reg.
36861 (July 31, 2018));
(2) complete any other activities or procedures necessary--
(A) to make a determination whether to publish a
notice of proposed rulemaking; and
(B) if a positive determination is made under
subparagraph (A), to advance in the rulemaking process,
including by taking any actions required under section
60115 of title 49, United State Code; and
(3) consider the issues raised in the report to Congress
entitled ``Evaluation of Expanding Pipeline Integrity
Management Beyond High-Consequence Areas and Whether Such
Expansion Would Mitigate the Need for Gas Pipeline Class
Location Requirements'' prepared by the Pipeline and Hazardous
Materials Safety Administration and submitted to Congress on
June 8, 2016, including the adequacy of existing integrity
management programs.
(b) Application.--Nothing in this section requires the
Administrator of the Pipeline and Hazardous Materials Safety
Administration to publish a notice of proposed rulemaking or otherwise
continue the rulemaking process with respect to the advance notice of
proposed rulemaking described in subsection (a)(1).
(c) Reporting.--For purposes of this section, the requirements of
section 106 shall apply during the period beginning on the date that is
180 days after the date of enactment of this Act and ending on the date
on which the requirements of subsection (a) are completed.
SEC. 117. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY
INFORMATION.
Section 60129 of title 49, United States Code, is amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``employee with'' and inserting
``current or former employee with'';
(2) in subsection (b)(3), by adding at the end the
following:
``(D) De novo review.--
``(i) In general.--With respect to a
complaint under paragraph (1), if the Secretary
of Labor has not issued a final decision by the
date that is 210 days after the date on which
the complaint was filed, and if the delay is
not due to the bad faith of the employee who
filed the complaint, that employee may bring an
original action at law or equity for de novo
review in the appropriate district court of the
United States, which shall have jurisdiction
over such action without regard to the amount
in controversy, and which action shall, at the
request of either party to the action, be tried
by the court with a jury.
``(ii) Burdens of proof.--An original
action described in clause (i) shall be
governed by the same legal burdens of proof
specified in paragraph (2)(B) for review by the
Secretary of Labor.''; and
(3) by adding at the end the following:
``(e) Nonenforceability of Certain Provisions Waiving Rights and
Remedies or Requiring Arbitration of Disputes.--
``(1) Waiver of rights and remedies.--The rights and
remedies provided under this section may not be waived by any
agreement, policy, form, or condition of employment, including
by a predispute arbitration agreement.
``(2) Predispute arbitration agreements.--No provision of a
predispute arbitration agreement shall be valid or enforceable
if the provision requires arbitration of a dispute arising
under subsection (a)(1).''.
SEC. 118. TRANSPORTATION TECHNOLOGY CENTER.
(a) Research and Development.--The Administrator may use the
Transportation Technology Center in Pueblo, Colorado, for research and
development relating to transportation safety improvements that will
advance the safe and efficient transportation of hazardous materials
and energy products.
(b) Authority to Plan, Design, Engineer, Erect, Alter, and Repair
Buildings and Make Public Improvements.--Only after submitting a report
to the Committees on Appropriations and Commerce, Science, and
Transportation of the Senate and the Committees on Appropriations,
Transportation and Infrastructure, and Energy and Commerce of the House
of Representatives, and subject to the availability of funds
appropriated by Congress for the applicable purpose, the Secretary may
plan, design, engineer, erect, alter, and repair buildings and make
other public improvements to carry out necessary research, safety, and
training activities at the Transportation Technology Center in Pueblo,
Colorado.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report on the use of, and
future plans for, research and development activities at the
Transportation Technology Center in Pueblo, Colorado.
SEC. 119. INTERSTATE DRUG AND ALCOHOL OVERSIGHT.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall amend the auditing program
for the drug and alcohol regulations in part 199 of title 49, Code of
Federal Regulations, to improve the efficiency and processes of those
regulations as applied to--
(1) operators; and
(2) pipeline contractors working for multiple operators in
multiple States.
(b) Requirement.--In carrying out subsection (a), the Secretary
shall minimize duplicative audits of the same operators, and the
contractors working for those operators, by the Administration and
multiple State agencies.
(c) Limitation.--Nothing in this section requires modification of
the inspection or enforcement authority of any Federal agency or State.
SEC. 120. SAVINGS CLAUSE.
Nothing in this title or an amendment made by this title affects
the authority of the Administrator of the Environmental Protection
Agency under the Clean Air Act (42 U.S.C. 7401 et seq.), the authority
of the Secretary of the Interior under the Mineral Leasing Act (30
U.S.C. 181 et seq.), or the authority of any State to regulate the
release of pollutants or hazardous substances to air, water, or land,
including through the establishment and enforcement of requirements
relating to that release.
TITLE II--LEONEL RONDON PIPELINE SAFETY ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Leonel Rondon Pipeline Safety
Act''.
SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.
(a) In General.--Section 60109(e) of title 49, United States Code,
is amended by adding at the end the following:
``(7) Distribution integrity management plans.--
``(A) Evaluation of risk.--Not later than 2 years
after the date of enactment of this paragraph, the
Secretary shall promulgate regulations to ensure that
each distribution integrity management plan developed
by an operator of a distribution system includes an
evaluation of--
``(i) the risks resulting from the presence
of cast iron pipes and mains in the
distribution system; and
``(ii) the risks that could lead to or
result from the operation of a low-pressure
distribution system at a pressure that makes
the operation of any connected and properly
adjusted low-pressure gas burning equipment
unsafe (as described in section 192.623 of
title 49, Code of Federal Regulations (or a
successor regulation)).
``(B) Consideration.--In the evaluations required
in a plan under subparagraph (A), the regulations
promulgated by the Secretary shall ensure that the
distribution integrity management plan evaluates for
future potential threats in a manner that considers
factors other than past observed abnormal operations
(within the meaning of section 192.605 of title 49,
Code of Federal Regulations (or a successor
regulation)), in ranking risks and identifying measures
to mitigate those risks under that subparagraph, so
that operators avoid using a risk rating of zero for
low probability events unless otherwise supported by
engineering analysis or operational knowledge.
``(C) Deadlines.--
``(i) In general.--Not later than 2 years
after the date of enactment of this paragraph,
each operator of a distribution system shall
make available to the Secretary or the relevant
State authority with a certification in effect
under section 60105, as applicable, a copy of--
``(I) the distribution integrity
management plan of the operator;
``(II) the emergency response plan
under section 192.615 of title 49, Code
of Federal Regulations (or a successor
regulation); and
``(III) the procedural manual for
operations, maintenance, and
emergencies under section 192.605 of
title 49, Code of Federal Regulations
(or a successor regulation).
``(ii) Updates.--Each operator of a
distribution system shall make available to the
Secretary or make available for inspection to
the relevant State authority with a
certification in effect under section 60105, if
applicable, an updated plan or manual described
in clause (i) by not later than 60 days after
the date of a significant update, as determined
by the Secretary.
``(iii) Applicability of foia.--Nothing in
this subsection shall be construed to authorize
the disclosure of any information that is
exempt from disclosure under section 552(b) of
title 5, United States Code.
``(D) Review of plans and documents.--
``(i) Timing.--
``(I) In general.--Not later than 2
years after the date of promulgation of
the regulations under subparagraph (A),
and not less frequently than once every
5 years thereafter, the Secretary or
relevant State authority with a
certification in effect under section
60105 shall review the distribution
integrity management plan, the
emergency response plan, and the
procedural manual for operations,
maintenance, and emergencies of each
operator of a distribution system and
record the results of that review for
use in the next review of the program
of that operator.
``(II) Grace period.--For the
third, fourth, and fifth years after
the date of promulgation of the
regulations under subparagraph (A), the
Secretary--
``(aa) shall not use
subclause (I) as justification
to reduce funding, decertify,
or penalize in any way under
section 60105, 60106, or 60107
a State authority that has in
effect a certification under
section 60105 or an agreement
under section 60106; and
``(bb) shall--
``(AA) submit to
the Committee on
Commerce, Science, and
Transportation of the
Senate and the
Committees on
Transportation and
Infrastructure and
Energy and Commerce of
the House of
Representatives a list
of States found to be
noncompliant with
subclause (I) during
the annual program
evaluation; and
``(BB) provide a
written notice to each
State authority
described in item (aa)
that is not in
compliance with the
requirements of
subclause (I).
``(ii) Review.--Each plan or procedural
manual made available under subparagraph (C)(i)
shall be reexamined--
``(I) on significant change to the
plans or procedural manual, as
applicable;
``(II) on significant change to the
gas distribution system of the
operator, as applicable; and
``(III) not less frequently than
once every 5 years.
``(iii) Context of review.--The Secretary
may conduct a review under clause (i) or (ii)
as an element of the inspection of the operator
carried out by the Secretary.
``(iv) Inadequate programs.--If the
Secretary determines that the documents
reviewed under clause (i) or (ii) do not comply
with the requirements of this chapter
(including regulations to implement this
chapter), have not been adequately implemented,
or are inadequate for the safe operation of a
pipeline facility, the Secretary may conduct
proceedings under this chapter.''.
(b) Monitoring.--Section 60105(e) of title 49, United States Code,
is amended--
(1) in the second sentence, by striking ``A State
authority'' and inserting the following:
``(2) Cooperation.--A State authority with a certification
in effect under this section'';
(2) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(3) by adding at the end the following:
``(3) Audit program.--Not later than 2 years after the date
of enactment of this paragraph, the Secretary shall--
``(A) revise the State audit protocols and
procedures to update the annual State Program
Evaluations carried out under this subsection and
section 60106(d) to ensure that a State authority with
a certification in effect under this section has the
capability to sufficiently review and evaluate the
adequacy of the plans and manuals described in section
60109(e)(7)(C)(i);
``(B) update the State Inspection Calculation Tool
to take into account factors including--
``(i) the number of miles of natural gas
and hazardous liquid pipelines in the State,
including the number of miles of cast iron and
bare steel pipelines;
``(ii) the number of services in the State;
``(iii) the age of the gas distribution
system in the State; and
``(iv) environmental factors that could
impact the integrity of the pipeline, including
relevant geological issues; and
``(C) promulgate regulations to require that a
State authority with a certification in effect under
this section has a sufficient number of qualified
inspectors to ensure safe operations, as determined by
the State Inspection Calculation Tool and other factors
determined to be appropriate by the Secretary.''.
SEC. 203. EMERGENCY RESPONSE PLANS.
Section 60102 of title 49, United States Code (as amended by
section 114), is amended by adding at the end the following:
``(r) Emergency Response Plans.--Not later than 2 years after the
date of enactment of this subsection, the Secretary shall update
regulations to ensure that each emergency response plan developed by an
operator of a distribution system under section 192.615 of title 49,
Code of Federal Regulations (or a successor regulation), includes
written procedures for--
``(1) establishing communication with first responders and
other relevant public officials, as soon as practicable,
beginning from the time of confirmed discovery, as determined
by the Secretary, by the operator of a gas pipeline emergency
involving a release of gas from a distribution system of that
operator that results in--
``(A) a fire related to an unintended release of
gas;
``(B) an explosion;
``(C) 1 or more fatalities; or
``(D) the unscheduled release of gas and shutdown
of gas service to a significant number of customers, as
determined by the Secretary;
``(2) establishing general public communication through an
appropriate channel--
``(A) as soon as practicable, as determined by the
Secretary, after a gas pipeline emergency involving a
release of gas that results in--
``(i) a fire related to an unintended
release of gas;
``(ii) an explosion;
``(iii) 1 or more fatalities; or
``(iv) the unscheduled shutdown of gas
service to a significant number of customers,
as determined by the Secretary; and
``(B) that provides information regarding--
``(i) the emergency described in
subparagraph (A); and
``(ii) the status of public safety; and
``(3) the development and implementation of a voluntary,
opt-in system that would allow operators of distribution
systems to rapidly communicate with customers in the event of
an emergency.''.
SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.
Section 60102 of title 49, United States Code (as amended by
section 203), is amended by adding at the end the following:
``(s) Operations and Maintenance Manuals.--Not later than 2 years
after the date of enactment of this subsection, the Secretary shall
update regulations to ensure that each procedural manual for
operations, maintenance, and emergencies developed by an operator of a
distribution pipeline under section 192.605 of title 49, Code of
Federal Regulations (or a successor regulation), includes written
procedures for--
``(1) responding to overpressurization indications,
including specific actions and an order of operations for
immediately reducing pressure in or shutting down portions of
the gas distribution system, if necessary; and
``(2) a detailed procedure for the management of the change
process, which shall--
``(A) be applied to significant technology,
equipment, procedural, and organizational changes to
the distribution system; and
``(B) ensure that relevant qualified personnel,
such as an engineer with a professional engineer
licensure, subject matter expert, or other employee who
possesses the necessary knowledge, experience, and
skills regarding natural gas distribution systems,
review and certify construction plans for accuracy,
completeness, and correctness.''.
SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of the House
of Representatives a report describing--
(1) the number of operators of natural gas distribution
systems who have implemented a pipeline safety management
system in accordance with the standard established by the
American Petroleum Institute entitled ``Pipeline Safety
Management System Requirements'' and numbered American
Petroleum Institute Recommended Practice 1173;
(2) the progress made by operators of natural gas
distribution systems who have implemented, or are in the
process of implementing, a pipeline safety management system
described in paragraph (1); and
(3) the feasibility of an operator of a natural gas
distribution system implementing a pipeline safety management
system described in paragraph (1) based on the size of the
operator as measured by--
(A) the number of customers the operator has; and
(B) the amount of natural gas the operator
transports.
(b) Requirements.--As part of the report required under subsection
(a), the Secretary shall provide guidance or recommendations that would
further the adoption of safety management systems in accordance with
the standard established by the American Petroleum Institute entitled
``Pipeline Safety Management System Requirements'' and numbered
American Petroleum Institute Recommended Practice 1173.
(c) Evaluation and Promotion of Safety Management Systems.--The
Secretary and the relevant State authority with a certification in
effect under section 60105 of title 49, United States Code, as
applicable, shall--
(1) promote and assess pipeline safety management systems
frameworks developed by operators of natural gas distribution
systems and described in the report under subsection (a),
including--
(A) if necessary, using independent third-party
evaluators; and
(B) through a system that promotes self-disclosure
of--
(i) errors; and
(ii) deviations from regulatory standards;
and
(2) if a deviation from a regulatory standard is identified
during the development and application of a pipeline safety
management system, certify that--
(A) due consideration will be given to factors such
as flawed procedures, honest mistakes, or lack of
understanding; and
(B) the operators and regulators use the most
appropriate tools to fix the deviation, return to
compliance, and prevent the recurrence of the
deviation, including--
(i) root cause analysis; and
(ii) training, education, or other
appropriate improvements to procedures or
training programs.
SEC. 206. PIPELINE SAFETY PRACTICES.
Section 60102 of title 49, United States Code (as amended by
section 204), is amended by adding at the end the following:
``(t) Other Pipeline Safety Practices.--
``(1) Records.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall promulgate
regulations to require an operator of a distribution system--
``(A) to identify and manage traceable, reliable,
and complete records, including maps and other
drawings, critical to ensuring proper pressure controls
for a gas distribution system, and updating these
records as needed, while collecting and identifying
other records necessary for risk analysis on an
opportunistic basis; and
``(B) to ensure that the records required under
subparagraph (A) are--
``(i) accessible to all personnel
responsible for performing or overseeing
relevant construction or engineering work; and
``(ii) submitted to, or made available for
inspection by, the Secretary or the relevant
State authority with a certification in effect
under section 60105.
``(2) Presence of qualified employees.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the Secretary
shall promulgate regulations to require that not less
than 1 agent of an operator of a distribution system
who is qualified to perform relevant covered tasks (as
defined in section 192.801(b) of title 49, Code of
Federal Regulations (or a successor regulation)) shall
monitor gas pressure at the district regulator station
or at an alternative site with equipment capable of
ensuring proper pressure controls and have the
capability to promptly shut down the flow of gas or
control over pressurization at a district regulator
station during any construction project that has the
potential to cause a hazardous overpressurization at
that station, including tie-ins and abandonment of
distribution lines and mains, based on an evaluation,
conducted by the operator, of threats that could result
in unsafe operation.
``(B) Exclusion.--In promulgating regulations under
subparagraph (A), the Secretary shall ensure that those
regulations do not apply to a district regulating
station that has a monitoring system and the capability
for remote or automatic shutoff.
``(3) District regulator stations.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall promulgate regulations to require that each
operator of a distribution system assesses and
upgrades, as appropriate, each district regulator
station of the operator to ensure that--
``(i) the risk of the gas pressure in the
distribution system exceeding, by a common mode
of failure, the maximum allowable operating
pressure (as described in section 192.623 of
title 49, Code of Federal Regulations (or a
successor regulation)) allowed under Federal
law (including regulations) is minimized;
``(ii) the gas pressure of a low-pressure
distribution system is monitored, particularly
at or near the location of critical pressure-
control equipment;
``(iii) the regulator station has secondary
or backup pressure-relieving or overpressure-
protection safety technology, such as a relief
valve or automatic shutoff valve, or other
pressure-limiting devices appropriate for the
configuration and siting of the station and, in
the case of a regulator station that employs
the primary and monitor regulator design, the
operator shall eliminate the common mode of
failure or provide backup protection capable of
either shutting the flow of gas, relieving gas
to the atmosphere to fully protect the
distribution system from overpressurization
events, or there must be technology in place to
eliminate a common mode of failure; and
``(iv) if the Secretary determines that it
is not operationally possible for an operator
to implement the requirements under clause
(iii), the Secretary shall require such
operator to identify actions in their plan that
minimize the risk of an overpressurization
event.''.
Passed the Senate August 6, 2020.
Attest:
Secretary.
116th CONGRESS
2d Session
S. 2299
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to enhance the safety and
reliability of pipeline transportation, and for other purposes.