I

104TH CONGRESS

1ST SESSION H. R. 1126

To strengthen and improve the pipeline safety provisions of chapter 601

of title 49, United States Code, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1995

Mr. FRANKS of New Jersey (for himself, Mr. PALLONE, Mr. LIPINSKI, Mr.

SAXTON, Mr. FLAKE, Mr. ZIMMER, Mr. PAYNE of New Jersey, Mr.

LOBIONDO, Mr. TORRICELLI, Mrs. ROUKEMA, and Mr. MARTINI) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure and, in addition, to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To strengthen and improve the pipeline safety provisions

of chapter 601 of title 49, United States Code, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Durham Woods Natu5 ral Gas Pipeline Safety Act of 1995’’.
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1 SEC. 2. INCREASED INSPECTION REQUIREMENTS IN HIGH2 DENSITY POPULATION AREAS.

3 (a) INSTRUMENTED INTERNAL INSPECTION DE4 VICES.—Section 60102(f)(2) of title 49, United States

5 Code, is amended by inserting ‘‘In the case of gas pipe6 lines, such inspection shall be required not less than once

7 every 7 years.’’ after ‘‘60109 of this title.’’.

8 (b) ADDITIONAL INSPECTIONS.—Section 60108 of

9 title 49, United States Code, is amended by adding at the

10 end the following new subsection:

11 ‘‘(e) ADDITIONAL INSPECTION REQUIREMENTS FOR

12 GAS TRANSMISSION PIPELINE FACILITIES.—Within 2

13 years after the date of the enactment of this subsection,

14 the Secretary shall prescribe regulations requiring that

15 each owner or operator of a gas transmission pipeline fa16 cility—

17 ‘‘(1) establish a program for observing from the

18 air, or inspecting from the ground, or both, at least

19 once every month, the surface conditions on and ad20 jacent to the right-of-way of all of such owner or op21 erator’s gas transmission pipeline facilities identified

22 under section 60109 of this title for indications of

23 leaks, construction, and other circumstances affect24 ing safety or operation; and

25 ‘‘(2) place line markers at suitable intervals

26 along the rights-of-way of all of such owner or oper-
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1 ator’s gas transmission pipeline facilities identified

2 under section 60109 of this title, unless such place3 ment is impractical.’’.

4 SEC. 3. DAMAGE REPORTING.

5 Section 60123(d)(2) of title 49, United States Code,

6 is amended—

7 (1) by striking ‘‘or’’ at the end of subparagraph

8 (A);

9 (2) by redesignating subparagraph (B) as sub10 paragraph (C); and

11 (3) by inserting after subparagraph (A) the fol12 lowing new subparagraph:

13 ‘‘(B) a pipeline facility and does not report

14 the damage promptly to the operator of the

15 pipeline facility and other appropriate authori16 ties; or’’.

17 SEC. 4. INCREASED PENALTIES.

18 (a) CRIMINAL PENALTIES.—Section 60123 of title

19 49, United States Code, is amended—

20 (1) in subsection (a), by striking ‘‘5 years’’ and

21 inserting in lieu thereof ‘‘10 years’’;

22 (2) in subsection (b), by striking ‘‘15 years’’

23 and inserting in lieu thereof ‘‘30 years’’;

24 (3) in subsection (c), by striking ‘‘one year’’

25 and inserting in lieu thereof ‘‘5 years’’; and
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1 (4) in subsection (d), by striking ‘‘5 years’’ and

2 inserting in lieu thereof ‘‘10 years’’.

3 (b) CIVIL PENALTIES.—Section 60122(a) of title 49,

4 United States Code, is amended—

5 (1) in paragraph (1)—

6 (A) by striking ‘‘or 60118(a)’’ and insert7 ing in lieu thereof ‘‘, 60102(l), or 60118(a)’’;

8 (B) by striking ‘‘$25,000’’ and inserting in

9 lieu thereof ‘‘$50,000’’; and

10 (C) by striking ‘‘$500,000’’ and inserting

11 in lieu thereof ‘‘$1,000,000’’; and

12 (2) in paragraph (2), by striking ‘‘$50,000’’

13 and inserting in lieu thereof ‘‘$100,000’’.

14 SEC. 5. PUBLIC AWARENESS.

15 Section 60116 of title 49, United States Code, is

16 amended—

17 (1) by inserting ‘‘(a) REQUIREMENT.—’’ before

18 ‘‘Under regulations the Secretary’’; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(b) STATE PROGRAMS.—The Secretary shall, to the

22 extent provided in advance in appropriations Acts, make

23 grants to States for the promotion of public awareness of

24 the dangers of excavating near pipeline facilities by adver25 tising in the media and other means.’’.
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1 SEC. 6. PIPELINE SAFETY STUDY.

2 (a) STUDY.—The Secretary of Transportation shall

3 conduct a comprehensive study on the safety of all gas

4 transmission pipeline facilities in the State of New Jersey.

5 Such study shall address, at a minimum—

6 (1) increasing population encroachment on

7 pipeline rights-of-way;

8 (2) environmental concerns;

9 (3) financial pressures on the pipeline industry

10 to control their costs; and

11 (4) the feasibility of utilizing remotely operated

12 or automatic shut-off valves, and their appropriate

13 spacing.

14 (b) REPORT TO CONGRESS.—Not later than 1 year

15 after the date of the enactment of this Act, the Secretary

16 of Transportation shall transmit to the Congress a report

17 containing the results of the study conducted under sub18 section (a).

19 SEC. 7. RISK ASSESSMENT.

20 (a) ASSESSMENT.—The Secretary of Transportation

21 shall conduct an assessment of the risks to public safety

22 and the environment posed by the transportation of gas

23 by pipeline. Such assessment shall—

24 (1) rank the risks identified by the Secretary in

25 terms of their probability of occurrence and the se-
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1 verity of their likely consequences, and in terms of

2 any other factors the Secretary considers relevant;

3 (2) identify and prioritize technically feasible

4 and economically justified actions that should be

5 taken to lessen the risks identified; and

6 (3) address, at a minimum—

7 (A) inspection by instrumented internal in8 spection devices;

9 (B) installation of state-of-the-art leak de10 tection systems, including automatic and re11 motely controlled valves;

12 (C) inspection and burial of underwater

13 pipelines; and

14 (D) inspection and replacement of cast

15 iron pipelines.

16 (b) REPORT TO CONGRESS.—Not later than 18

17 months after the date of the enactment of this Act, the

18 Secretary of Transportation shall transmit to the Con19 gress a report including the assessment required under

20 subsection (a) and a plan for actions proposed by the Sec21 retary to address each risk identified in the assessment.

22 SEC. 8. MAPPING.

23 Section 60102 of title 49, United States Code, is

24 amended by adding at the end the following new sub25 section:
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1 ‘‘(l) MAPPING OF PIPELINE FACILITIES.—(1) The

2 owner or operator of a gas transmission or hazardous liq3 uid pipeline facility, or a regulated gathering line, shall

4 inform the Secretary of the specific location of such pipe5 line facility or gathering line.

6 ‘‘(2) The Secretary, using the information received

7 under paragraph (1) and any other information available

8 to the Secretary, shall develop a comprehensive mapping

9 program to identify the specific location of all gas trans10 mission and hazardous liquid pipeline facilities, and regu11 lated gathering lines. The program shall include informa12 tion on the proximity of such pipeline facilities and gather13 ing lines to high-density population areas, environmentally

14 sensitive areas, water intakes, and other appropriate areas

15 or facilities. The Secretary shall establish an electronic

16 data base for the comprehensive mapping program, and

17 shall ensure that such data base is available to State and

18 local governments and the public in an appropriate man19 ner.

20 ‘‘(3) The Secretary shall ensure the security of the

21 program developed under paragraph (2) against terrorism,

22 sabotage, and other threats.’’.

23 SEC. 9. TECHNICAL SAFETY STANDARDS COMMITTEE.

24 Section 60115(f) is amended—
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1 (1) by striking the first 2 sentences thereof;

2 and

3 (2) by inserting ‘‘of a committee under this sec4 tion’’ after ‘‘A member’’.

5 SEC. 10. DEFINITIONS.

6 Terms used in this Act shall have the same defini7 tions given such terms in section 60101 of title 49, United

8 States Code.

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