Text: H.R.6008 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Referred in Senate (09/29/2010)


111th CONGRESS
2d Session
H. R. 6008

IN THE SENATE OF THE UNITED STATES
September 29, 2010

Received; read twice and referred to the Committee on Commerce, Science, and Transportation


AN ACT

To ensure telephonic notice of certain incidents involving hazardous liquid and gas pipeline facilities, 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.

This Act may be cited as the “Corporate Liability and Emergency Accident Notification Act” or “CLEAN Act”.

SEC. 2. Notification of incidents.

(a) Telephonic notice of certain incidents.—

(1) IN GENERAL.—Chapter 601 of title 49, United States Code, is amended by adding at the end the following:

§ 60138. Telephonic notice of certain incidents

“(a) In general.—An owner or operator of a pipeline facility shall provide immediate telephonic notice of—

“(1) a release of hazardous liquid or another substance regulated under part 195 of title 49, Code of Federal Regulations, resulting in an event for which notice is required under section 195.50 of such title; and

“(2) a release of gas resulting in an incident, as defined in section 191.3 of such title.

“(b) Immediate telephonic notice defined.—In subsection (a), the term ‘immediate telephonic notice’ means telephonic notice, as described in section 191.5 of such title, to the Secretary and the National Response Center at the earliest practicable moment following discovery of a release of gas or hazardous liquid and not later than one hour following the time of such discovery.

“(c) References.—Any reference to a regulation in this section means the regulation as in effect on the date of enactment of this section.”.

(2) CLERICAL AMENDMENT.—The analysis for such chapter is amended by adding at the end the following:


“60138. Telephonic notice of certain incidents.”.

(b) Guidance.—Not later than 60 days after the date of enactment of this Act, the Secretary shall issue guidance to clarify the meaning of the term “discovery” as used in section 60138(b) of title 49, United States Code, as added by subsection (a) of this section.

SEC. 3. Transparency of accidents and incidents.

Not later than December 31, 2010, the Secretary of Transportation shall maintain on the Department of Transportation’s Internet Web site a database of all reportable incidents involving gas or hazardous liquid pipelines and allow the public to search the database for incidents by owner or operator of a pipeline facility.

SEC. 4. Civil penalties.

Section 60122(a)(1) of title 49, United States Code, is amended—

(1) in the first sentence—

(A) by inserting “, or has obstructed or prevented the Secretary from carrying out an inspection or investigation under this chapter,” after “under this chapter”; and

(B) by striking “$100,000” and inserting “$250,000”; and

(2) in the last sentence by striking “$1,000,000” and inserting “$2,500,000”.

SEC. 5. Compliance with Statutory Pay-As-You-Go Act of 2010.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 28, 2010.

Attest: lorraine c. miller,   
Clerk.