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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1323 Reported in House (RH)]

                                                  Union Calendar No. 58
104th CONGRESS
  1st Session
                                H. R. 1323

                  [Report No. 104-110, Parts I and II]

  To reduce risk to public safety and the environment associated with 
 pipeline transportation of natural gas and hazardous liquids, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 1995

 Mr. Shuster (for himself, Mr. Petri, Mr. Laughlin, and Mr. Brewster) 
 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

                              May 1, 1995

Reported from the Committtee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 1, 1995

Referral to the Committee on Commerce extended for a period ending not 
                        later than June 1, 1995

                              June 1, 1995

            Additional sponsors: Mr. Emerson and Mr. Bachus

                              June 1, 1995

Reported from the Committee on Commerce with an amendment, committed to 
the Committee of the Whole House on the State of the Union, and ordered 
                             to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
 [For text of introduced bill, see copy of bill as introduced on March 
                               24, 1995]
                                 A BILL

 
  To reduce risk to public safety and the environment associated with 
 pipeline transportation of natural gas and hazardous liquids, 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 ``Pipeline Safety Act of 1995''.

 SEC. 2. REFERENCES.

    (a) References to Title 49.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or 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.
    (b) References to the Secretary of Transportation.--Except as 
otherwise expressly provided, any reference in this Act to the 
``Secretary'' is a reference to the Secretary of Transportation.

 SEC. 3. ANALYSIS OF RISK REDUCTION BENEFITS AND COSTS.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following new section:
``Sec. 60126. Analysis of risk reduction benefits and costs
    ``(a) Requirement.--No final significant standard or regulatory 
requirement issued under section 60101(b), 60102, 60103, 60108, 60109, 
60110, or 60113 shall be promulgated unless the Secretary of 
Transportation--
            ``(1) certifies that the Secretary has conducted an 
        analysis of risk reduction benefits and costs that is based on 
        objective and unbiased scientific and economic evaluations of 
        all significant and relevant information and risk assessments 
        provided to the Department of Transportation by interested 
        parties or generated by the Department itself relating to the 
        costs, risks, and risk reduction and other benefits addressed 
        by the standard or requirement;
            ``(2) certifies that the incremental risk reduction or 
        other benefits of any option chosen will be likely to justify, 
        and be reasonably related to, the incremental costs incurred by 
        State, local, and tribal governments and the Federal Government 
        and other public and private citizens; and
            ``(3) explains why any other options identified or 
        considered by the Secretary were found either--
                    ``(A) to be less cost-effective at achieving a 
                substantially equivalent reduction in risk; or
                    ``(B) to provide less flexibility to State, local, 
                or tribal governments or regulated entities in 
                achieving the otherwise applicable objectives of the 
                standard or requirement, along with a brief explanation 
                of why other options that were identified or considered 
                by the Secretary were found to be less cost-effective 
                or less flexible.
    ``(b) Elements of Analysis.--An analysis of risk reduction benefits 
or costs prepared by the Secretary for a significant standard or 
regulatory requirement, at a minimum, shall--
            ``(1) identify the various regulatory and nonregulatory 
        options that were considered;
            ``(2) analyze the incremental costs and incremental risk 
        reduction or other benefits associated with each option 
        identified or considered by the Secretary;
            ``(3) provide any technical data or other information, 
        including the underlying assumptions, upon which the standard 
        or requirement is based; and
            ``(4) include a statement that places in context the nature 
        and magnitude of the risks to be addressed and the residual 
        risks likely to remain for each option identified or 
        considered.
Costs and benefits shall be quantified to the extent feasible and 
appropriate and may otherwise be qualitatively described.
    ``(c) Risk Assessment Documents.--A risk assessment document 
prepared by the Secretary for a significant standard or regulatory 
requirement shall, at a minimum and to the extent feasible--
            ``(1) provide the best estimate for the impacts addressed 
        and a statement of the reasonable range of scientific 
        uncertainties;
            ``(2) include a statement of any significant substitution 
        risks to public safety or the environment; and
            ``(3) contain a statement that places in context the nature 
        and magnitude of risks to public safety or the environment.
    ``(d) Statements.--The statements referred to in subsections (b)(4) 
and (c)(3) of this section shall each provide, to the extent feasible, 
comparisons with estimates of greater, lesser, and substantially 
equivalent risks that are familiar to and routinely encountered by the 
general public, as well as other risks, and, where appropriate and 
meaningful, comparisons of those risks with other similar risks 
regulated by the Department resulting from comparable activities. In 
making such comparisons, the Secretary should consider relevant 
distinctions among risks, such as the voluntary or involuntary nature 
of risks, and the preventability or nonpreventability of risks.
    ``(e) Review by Standards Committee.--
            ``(1) Peer review.--For any significant standard or 
        regulatory requirement, the Secretary shall submit any risk 
        assessment documents and cost-benefit analyses (prepared or 
        received by the Secretary) for review by the Technical Pipeline 
        Safety Standards Committee, the Hazardous Liquid Pipeline 
        Safety Standards Committee, or both, as appropriate, and make 
        them available to the public. The Technical Pipeline Safety 
        Standards Committee and the Hazardous Liquid Pipeline Safety 
        Standards Committee shall function as peer review panels and 
        shall prepare reports, including any recommended options for 
        any significant standard or regulatory requirement and an 
        evaluation of the technical scientific merit of the data and 
        scientific method used for a risk assessment document or cost-
        benefit analysis. The Committee or Committees shall submit such 
        reports to the Secretary within 90 days after the date of 
        receipt of the documents and analyses from the Secretary.
            ``(2) Response of secretary.--The Secretary shall review 
        the report and recommendations of the Technical Pipeline Safety 
        Standards Committee, the Technical Hazardous Liquids Pipeline 
        Safety Standards Committee, or both, as the case may be. Within 
        90 days after receipt of such report, the Secretary--
                    ``(A) shall submit to the Committee or Committees a 
                written response to all peer review comments and 
                recommended options; and
                    ``(B) may revise the risk assessment document or 
                cost-benefit analysis prior to determining whether the 
                proposed significant standard or regulatory requirement 
                should be promulgated.
    ``(f) Emergencies.--In the case of an emergency, the Secretary may 
suspend the application of this section for the duration of the 
emergency.
    ``(g) Report.--Not later than March 31, 1999, the Secretary shall 
transmit to Congress a report on the application of the principles of 
the analyses of risk reduction benefits and costs and risk assessment 
to this chapter and their effect on pipeline safety.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60126. Analysis of risk reduction benefits and costs.
``60127. Risk management.''.
 SEC. 4. DEFINITIONS.

    (a) In General.--Section 60101(a) is amended--
            (1) by striking subparagraph (B) of paragraph (21) and 
        inserting the following:
                    ``(B) does not include the gathering of gas, other 
                than gathering through regulated gathering lines, in 
                those rural locations that are outside the limits of 
                any incorporated or unincorporated city, town, or 
                village, or any other designated residential or 
                commercial area (such as a subdivision, business, 
                shopping center, or community development) or any 
                similar populated area which the Secretary of 
                Transportation may define as a nonrural area; but
                    ``(C) includes the movement of gas through 
                regulated gathering lines.''; and
            (2) by adding at the end the following:
            ``(23) `best estimate' means a scientifically appropriate 
        estimate which is based, to the extent feasible, on one of the 
        following:
                    ``(A) Central estimates of risk using the most 
                plausible assumptions.
                    ``(B) An approach which combines multiple estimates 
                based on different scenarios and weighs the probability 
                of each scenario.
                    ``(C) Any other methodology designed to provide the 
                most unbiased representation of the most plausible 
                level of risk, given the current scientific information 
                available to the Secretary.
            ``(24) `benefits' means the reasonably identifiable 
        significant health, safety, environmental, social, and economic 
        benefits that are expected to result directly or indirectly 
        from implementation of a standard, regulatory requirement, or 
        option.
            ``(25) `costs' means the direct and indirect costs to the 
        United States Government, to State, local, and tribal 
        governments, and to the private sector, wage earners, 
        consumers, and the economy of implementing and complying with a 
        standard, regulatory requirement, or option.
            ``(26) `risk assessment document' means a document 
        containing--
                    ``(A) an explanation of how hazards associated with 
                a substance, activity, or condition have been 
                identified, quantified, and assessed; and
                    ``(B) a statement by the preparer of the document 
                accepting the findings of the document.
            ``(27) `risk management' means the systematic application, 
        by the owner or operator of a pipeline facility, of management 
        policies, procedures, finite resources, and practices to the 
        tasks of analyzing, assessing, and controlling risk in order to 
        protect employees, the general public, the environment, and 
        pipeline facilities.
            ``(28) `risk management plan' means a management plan 
        utilized by a gas or hazardous liquid pipeline facility owner 
        or operator that encompasses risk management.
            ``(29) `significant standard or regulatory requirement' 
        means any safety or environmental standard or regulatory 
        requirement, or closely related group of safety or 
        environmental standards or regulatory requirements, that is 
        likely to result in annualized compliance costs in excess of 
        $25,000,000.
            ``(30) `substitution risk' means a potential risk to public 
        safety or the environment from a significant standard, 
        regulatory requirement, or option designed to decrease other 
        risks.''.
    (b) Gathering Lines.--Section 60101(b)(2) is amended by inserting 
``, if appropriate,'' after ``Secretary'' the first place it appears.

 SEC. 5. GENERAL AUTHORITY.

    (a) Minimum Safety Standards.--Section 60102(a) is amended--
            (1) by striking ``(a)(1)'' and inserting ``(a)'';
            (2) by striking paragraph (2);
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively;
            (4) in paragraph (1), as redesignated by paragraph (3) of 
        this subsection, by striking ``transporters of gas and 
        hazardous liquid and to''; and
            (5) by striking paragraph (3), as redesignated by paragraph 
        (3) of this subsection, and inserting the following:
            ``(3) shall include a requirement that all individuals who 
        operate and maintain pipeline facilities must be qualified.
Such qualifications shall address the ability to recognize and react 
appropriately to abnormal operating conditions that may indicate a 
dangerous situation or a condition exceeding design limits. The 
operator of the pipeline facility shall ensure that employees who 
operate and maintain the facility are qualified.''.
    (b) Practicability and Safety Needs Standards.--Section 60102(b) is 
amended--
            (1) by striking ``section 60103'' and inserting ``sections 
        60103 and 60112'';
            (2) in paragraph (1)(B) by inserting ``safety'' after 
        ``pipeline'';
            (3) by striking ``and'' at the end of paragraph (3);
            (4) in paragraph (4) by striking ``contribute to'' and 
        inserting ``benefit'';
            (5) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (6) by adding at the end the following new paragraph:
            ``(5) the comments and recommendations of the Technical 
        Pipeline Safety Standards Committee, the Technical Hazardous 
        Liquid Pipeline Safety Standards Committee, or both, as 
        appropriate.''.
    (c) Facility Operation Information Standards.--Section 60102(d) is 
amended in the first sentence--
            (1) by inserting after ``operating the facility'' the 
        following: ``as required by the standards prescribed under this 
        chapter'';
            (2) by striking ``to provide the information'' and 
        inserting ``to make the information available''; and
            (3) by inserting after ``to the Secretary and an 
        appropriate State official'' the following: ``as determined by 
        the Secretary''.
    (d) Pipe Inventory Standards.--Section 60102(e) is amended in the 
first sentence--
            (1) by striking ``and, to the extent the Secretary 
        considers necessary, an operator of a gathering line that is 
        not a regulated gathering line (as defined under section 
        60101(b)(2) of this title),''; and
            (2) by striking ``transmission'' and inserting 
        ``transportation''.
    (e) Smart Pigs.--
            (1) Minimum safety standards.--Section 60102(f) is amended 
        by striking ``(1)'' and all that follows through ``device.'' 
        and inserting the following:
            ``(1) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards requiring that the design 
        and construction of a new gas pipeline facility or hazardous 
        liquid pipeline facility be carried out, to the extent 
        practicable, in a way that accommodates the passage through the 
        facility of an instrumented internal inspection device 
        (commonly referred to as a `smart pig'). The Secretary shall 
        also prescribe minimum safety standards requiring replacement 
        of an existing gas pipeline facility, hazardous liquid pipeline 
        facility, or equipment, to be carried out, to the extent 
        practicable, in a way that replacement of the existing gas 
        pipeline facility, hazardous liquid pipeline facility, or 
        equipment being replaced accommodates the passage through the 
        facility of an instrumented internal inspection device. The 
        Secretary may apply the standard to an existing gas or 
        hazardous liquid facility and require the facility to be 
        changed to allow the facility to be inspected with an 
        instrumented internal inspection device if the basic 
        construction of the facility will accommodate the device.''.
            (2) Periodic inspections.--Section 60102(f) is further 
        amended--
                    (A) in paragraph (2) by inserting ``Periodic 
                inspections.--'' after ``(2)'';
                    (B) in paragraph (2) by inserting after ``the 
                Secretary shall prescribe'' the following: ``, if 
                necessary, additional''; and
                    (C) by moving paragraph (2) 2 ems to the right.
    (f) Updating Standards.--Section 60102 is amended by adding at the 
end the following:
    ``(l) Updating Standards.--The Secretary shall, to the extent 
appropriate and practicable, update incorporated industry standards 
that have been adopted as part of the Federal pipeline safety 
regulatory program.''.

 SEC. 6. RISK MANAGEMENT.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following new section:
``Sec. 60127. Risk management
    ``(a) Risk Management Demonstration Project.--The Secretary of 
Transportation shall carry out a project with voluntary participation 
by owners and operators of pipeline facilities to demonstrate 
applications of risk management. The purpose of the project shall be to 
evaluate the safety and cost effectiveness of such applications.
    ``(b) Exemption.--During the period of the demonstration project 
carried out under this section, the Secretary may exempt owners and 
operators participating in the project from compliance with some or all 
of the standards and regulatory requirements that would otherwise apply 
to such owners and operators under this chapter. In addition, the 
Secretary shall exempt such owners and operators from complying with 
standards and regulatory requirements promulgated under this chapter 
during the period of such participation with respect to facilities 
included in the project.
    ``(c) Requirements.--In carrying out the demonstration project 
under this section, the Secretary shall--
            ``(1) invite owners and operators of pipeline facilities to 
        submit risk management plans for timely approval by the 
        Secretary;
            ``(2) ensure that owners and operators implementing 
        approved risk management plans under the project will achieve 
        an equivalent or greater overall level of safety than such 
        owners and operators would otherwise achieve by complying with 
        the standards and regulatory requirements of this chapter; and
            ``(3) ensure that the project incorporates the following 
        elements:
                    ``(A) collaborative training;
                    ``(B) methods to measure the performance of risk 
                management plans;
                    ``(C) development and application of new 
                technologies;
                    ``(D) promotion of community awareness;
                    ``(E) development of a model to categorize the 
                risks inherent to a selected pipeline facility, 
                considering the location, volume, pressure, and 
                material transported or stored by the facility;
                    ``(F) application of risk assessment and risk 
                management methodologies suitable to the inherent risks 
                determined to exist by the model developed under 
                subparagraph (E);
                    ``(G) development of project elements needed to 
                ensure that owners and operators participating in the 
                project demonstrate that risks are being effectively 
                managed and that risk management plans carried out 
                under the project can be audited;
                    ``(H) a process for making amendments, 
                modifications, and adjustments to approved risk 
                management plans under the project as agreed to by 
                owners and operators carrying out such plans and the 
                Secretary; and
                    ``(I) such other elements as the Secretary and 
                owners and operators participating in the project may 
                agree would further the purposes of this section.
    ``(d) Emergencies.--In the case of an emergency, the Secretary may 
suspend or revoke the participation of an owner or operator in the 
demonstration project carried out under this section.
    ``(e) Report.--Not later than March 31, 1999, the Secretary shall 
transmit to Congress a report on the results of the demonstration 
project carried out under this section together with an evaluation of 
the project and recommendations on whether or not the applications 
demonstrated under the project should be made a permanent part of the 
Federal pipeline safety program.''.

 SEC. 7. INSPECTION AND MAINTENANCE.

    Section 60108 is amended--
            (1) in subsection (a)(1) by striking ``transporting gas or 
        hazardous liquid or'' each place it appears;
            (2) in subsection (b)(2) by striking the second sentence;
            (3) in the heading to subsection (c) by striking 
        ``Navigable Waters'' and inserting ``Other Waters''; and
            (4) by striking clause (ii) of subsection (c)(2)(A) and 
        inserting the following:
            ``(ii) any other pipeline facility crossing under, over, or 
        through waters where a substantial likelihood of commercial 
        navigation exists if the Secretary decides that the location of 
        the facility in those waters could pose a hazard to navigation 
        or public safety.''.

 SEC. 8. HIGH-DENSITY POPULATION AREAS AND ENVIRONMENTALLY SENSITIVE 
              AREAS.

    (a) Identification.--Section 60109(a)(1)(B)(i) is amended by 
striking ``a navigable waterway (as the Secretary defines by 
regulation)'' and inserting ``waters where a substantial likelihood of 
commercial navigation exists''.
    (b) Unusually Sensitive Areas.--Section 60109(b) is amended by 
striking paragraph (1) and inserting the following:
            ``(1) intake locations for community water systems;''.

SEC. 9. EXCESS FLOW VALUES.

    Section 60110 is amended--
            (1) in subsection (b) by inserting ``, if any,'' after 
        ``circumstances'';
            (2) in subsection (b)(4) by inserting ``, operating, and 
        maintaining'' after ``cost of installing'';
            (3) in subsection (c)(1)(C) by inserting ``, maintenance, 
        and replacement'' after ``installation''; and
            (4) in subsection (e) by inserting after the first sentence 
        the following: ``The Secretary may adopt industry accepted 
        performance standards in order to comply with this 
        requirement.''.

 SEC. 10. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.

    Section 60113 is amended--
            (1) by striking ``(a) Maintenance Information.--''; and
            (2) by striking subsection (b).

 SEC. 11. ONE-CALL NOTIFICATION SYSTEMS.

    (a) Application.--Section 60114(a) is amended--
            (1) in paragraph (1) by striking ``the system apply to'';
            (2) in paragraph (1) by inserting before the period ``be 
        covered by a system'';
            (3) in each of paragraphs (1), (2), (3), (6), (7), (8), and 
        (9) by striking ``a'' the first place it appears and inserting 
        ``A'';
            (4) in paragraph (4) by striking ``qualifications'' and 
        inserting ``Qualifications''; and
            (5) in paragraph (5) by striking ``procedures'' and 
        inserting ``Procedures''.
    (b) Sanctions.--Section 60114(a)(9) is further amended by striking 
``60120, 60122, and 60123'' and inserting ``60120 and 60122''.

 SEC. 12. TECHNICAL SAFETY STANDARDS COMMITTEES.

    (a) Peer Review.--Section 60115(a) is amended by adding at the end 
the following: ``The Committees shall serve as peer review committees 
for carrying out this chapter. Peer reviews conducted by the Committees 
shall be treated for purposes of all Federal laws relating to risk 
assessment and peer review (including laws approved after the date of 
the enactment of the Pipeline Safety Act of 1995) as meeting any peer 
review requirements of such laws.''.
    (b) Composition and Appointment.--Section 60115(b) is amended--
            (1) in paragraph (1) by inserting ``or risk management'' 
        before the period at the end of the last sentence;
            (2) in paragraph (2) by inserting ``or risk management'' 
        before the period at the end of the last sentence;
            (3) in paragraph (3)(B) by striking ``4'' and inserting 
        ``5'';
            (4) in paragraph (3)(C) by striking ``6'' and inserting 
        ``5'';
            (5) in paragraph (4)(B) by adding at the end the following: 
        ``At least 1 of the individuals selected for each committee 
        under paragraph (3)(B) must have education, background, or 
        experience in risk assessment and cost-benefit analysis. The 
        Secretary shall consult with the national organizations 
        representing the owners and operators of pipeline facilities 
        before selecting individuals under paragraph (3)(B).''; and
            (6) in paragraph (4)(C) by inserting after the first 
        sentence the following: ``At least 1 of the individuals 
        selected for each committee under paragraph (3)(C) must have 
        education, background, or experience in risk assessment and 
        cost-benefit analysis.''.
    (c) Committee Reports.--Section 60115(c) is amended--
            (1) by inserting ``or regulatory requirement'' after 
        ``standard'' each place it appears in paragraphs (1), (2), and 
        (3);
            (2) in paragraph (1)(A) by inserting after ``gas pipeline 
        facilities'' the following: ``, including the risk assessment 
        document, cost-benefit, and other analyses supporting each 
        proposed standard or regulatory requirement'';
            (3) in paragraph (1)(B) by inserting after ``hazardous 
        liquid pipeline facilities'' the following: ``, including the 
        risk assessment document, cost-benefit, and other analyses 
        supporting each proposed standard or regulatory requirement''; 
        and
            (4) in paragraph (2)--
                    (A) by inserting ``and supporting analyses'' before 
                the first comma in the first sentence;
                    (B) by inserting ``and submit to the Secretary'' 
                after ``prepare'' in the first sentence;
                    (C) by inserting ``cost effectiveness,'' after 
                ``reasonableness,'' in the first sentence;
                    (D) by inserting ``together with recommended 
                actions'' before the period at the end of the first 
                sentence; and
                    (E) by inserting ``any recommended actions and'' 
                after ``including'' in the second sentence.
    (d) Proposed Committee Standards and Regulatory Requirements.--
Section 60115(d)(1) is amended by inserting ``or regulatory 
requirement'' after ``standard'' each place it appears.
    (e) Meetings.--Section 60115(e) is amended by striking ``twice'' 
and inserting ``4 times''.
    (f) Expenses.--Section 60115(f) is amended--
            (1) in the subsection heading by striking ``Pay and'';
            (2) by striking the first two sentences; and
            (3) by inserting ``of a committee under this section'' 
        after ``A member''.

SEC. 13. PUBLIC EDUCATION PROGRAMS.

    Section 60116 is amended--
            (1) by striking ``person transporting gas'' and inserting 
        ``owner or operator of a gas pipeline facility'';
            (2) by inserting ``the use of damage prevention (`one-
        call') systems prior to excavation,'' after ``educate the 
        public on''; and
            (3) by inserting a comma after ``gas leaks''.

SEC. 14. ADMINISTRATIVE.

    Section 60117 is amended by adding at the end the following:
    ``(k) Authority for Cooperative Agreements.--To carry out this 
chapter, the Secretary may enter into grants, cooperative agreements, 
and other transactions with any person, agency, or instrumentality of 
the United States, any unit of State or local government, any 
educational institution, and any other entity to further the objectives 
of this chapter. Such objectives include, but are not limited to, the 
development, improvement, and promotion of one-call damage prevention 
programs, research, risk assessment, and mapping.''.

 SEC. 15. COMPLIANCE AND WAIVERS.

    Section 60118 is amended by adding at the end the following:
    ``(e) Compliance With Risk Management Plans.--Owners and operators 
that are participating in the demonstration project under section 60127 
shall be considered to be in compliance with any prescribed safety 
standard or regulatory requirement that is covered by an approved plan 
under section 60127.''.

SEC. 16. DAMAGE REPORTING.

    Section 60123(d)(2) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) a pipeline facility and does not report the 
                damage promptly to the operator of the pipeline 
                facility and other appropriate authorities; or''.

 SEC. 17. ANNUAL REPORTS.

    Section 60124 and the item relating to such section in the analysis 
for chapter 601 are repealed.

SEC. 18. POPULATION ENCROACHMENT.

    (a) In General.--Chapter 601 is amended by inserting after section 
60123 the following new section:
``Sec. 60124. Population encroachment
    ``(a) Land Use Recommendations.--The Secretary of Transportation 
shall make available to an appropriate official of each State, as 
determined by the Secretary, the land use recommendations of the 
Transportation Research Board's Special Report 219, entitled `Pipelines 
and Public Safety'.
    ``(b) Evaluation.--The Secretary shall evaluate the recommendations 
in the report referred to in subsection (a), determine to what extent 
the recommendations are being implemented, consider ways to improve 
implementation of the recommendations, and consider other initiatives 
to further improve awareness of local planning and zoning entities 
regarding issues involved with population encroachment in proximity to 
the rights-of-ways of any interstate gas pipeline facility or 
interstate hazardous liquid pipeline facility.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by inserting after the item relating to section 60123 the following:

``60124. Population encroachment.''.
SEC. 19. TECHNICAL CORRECTIONS.

    (a) Section 60105.--The heading to section 60105 is amended by 
inserting ``pipeline safety program'' after ``State''.
    (b) Section 60106.--The heading to section 60106 is amended by 
inserting ``pipeline safety'' after ``State''.
    (c) Section 60107.--The heading to section 60107 is amended by 
inserting ``pipeline safety'' after ``State''.
    (d) Chapter Analysis.--The analysis for chapter 601 is amended--
            (1) in the item relating to section 60105 by inserting 
        ``pipeline safety program'' after ``State'';
            (2) in the item relating to section 60106 by inserting 
        ``pipeline safety'' after ``State''; and
            (3) in the item relating to section 60107 by inserting 
        ``pipeline safety'' after ``State''.

 SEC. 20. AUTHORIZATIONS OF APPROPRIATION.

    (a) Gas.--Section 60125(a) is amended by adding at the end the 
following:
            ``(4) $7,866,000 for fiscal year 1996.
            ``(5) $8,322,000 for fiscal year 1997.
            ``(6) $8,778,000 for fiscal year 1998.
            ``(7) $9,234,000 for fiscal year 1999.''.
    (b) Hazardous Liquid.--Section 60125(b) is amended by adding at the 
end the following:
            ``(4) $2,070,000 for fiscal year 1996.
            ``(5) $2,190,000 for fiscal year 1997.
            ``(6) $2,310,000 for fiscal year 1998.
            ``(7) $2,430,000 for fiscal year 1999.''.
    (c) State Grants.--Section 60125(c)(1) by adding at the end the 
following:
            ``(D) $10,764,000 for fiscal year 1996.
            ``(E) $11,388,000 for fiscal year 1997.
            ``(F) $12,012,000 for fiscal year 1998.
            ``(G) $12,636,000 for fiscal year 1999.''.
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pipeline Safety Act of 1995''.

 SEC. 2. REFERENCES.

    (a) References to Title 49.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or 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.
    (b) References to the Secretary of Transportation.--Except as 
otherwise expressly provided, any reference in this Act to the 
``Secretary'' is a reference to the Secretary of Transportation.

 SEC. 3. ANALYSIS OF RISK REDUCTION BENEFITS AND COSTS.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following new section:
``Sec. 60126. Analysis of risk reduction benefits and costs
    ``(a) Requirement.--No final significant standard or regulatory 
requirement issued under section 60101(b), 60102, 60103, 60108, 60109, 
60110, or 60113 shall be promulgated unless the Secretary of 
Transportation--
            ``(1) certifies that the Secretary has conducted an 
        analysis of risk reduction benefits and costs that is based on 
        objective and unbiased scientific and economic evaluations of 
        all significant and relevant information and risk assessments 
        provided to the Department of Transportation by interested 
        parties or generated by the Department itself relating to the 
        costs, risks, and risk reduction and other benefits addressed 
        by the standard or requirement;
            ``(2) certifies that the incremental risk reduction or 
        other benefits of any option chosen will be likely to justify, 
        and be reasonably related to, the incremental costs incurred by 
        State, local, and tribal governments and the Federal Government 
        and other public and private citizens; and
            ``(3) explains why any other options identified or 
        considered by the Secretary were found either--
                    ``(A) to be less cost-effective at achieving a 
                substantially equivalent reduction in risk; or
                    ``(B) to provide less flexibility to State, local, 
                or tribal governments or regulated entities in 
                achieving the otherwise applicable objectives of the 
                standard or requirement, along with a brief explanation 
                of why other options that were identified or considered 
                by the Secretary were found to be less cost-effective 
                or less flexible.
    ``(b) Elements of Analysis.--An analysis of risk reduction benefits 
or costs prepared by the Secretary for a significant standard or 
regulatory requirement, at a minimum, shall--
            ``(1) identify the various regulatory and nonregulatory 
        options that were considered;
            ``(2) analyze the incremental costs and incremental risk 
        reduction or other benefits associated with each option 
        identified or considered by the Secretary;
            ``(3) provide any technical data or other information, 
        including the underlying assumptions, upon which the standard 
        or requirement is based; and
            ``(4) include a statement that places in context the nature 
        and magnitude of the risks to be addressed and the residual 
        risks likely to remain for each option identified or 
        considered.
Costs and benefits shall be quantified to the extent feasible and 
appropriate and may otherwise be qualitatively described.
    ``(c) Risk Assessment Documents.--A risk assessment document 
prepared by the Secretary for a significant standard or regulatory 
requirement shall, at a minimum and to the extent feasible--
            ``(1) provide the best estimate for the impacts addressed 
        and a statement of the reasonable range of scientific 
        uncertainties;
            ``(2) include a statement of any significant substitution 
        risks to public safety or the environment; and
            ``(3) contain a statement that places in context the nature 
        and magnitude of risks to public safety or the environment.
    ``(d) Statements.--The statements referred to in subsections (b)(4) 
and (c)(3) of this section shall each provide, to the extent feasible, 
comparisons with estimates of greater, lesser, and substantially 
equivalent risks that are familiar to and routinely encountered by the 
general public, as well as other risks, and, where appropriate and 
meaningful, comparisons of those risks with other similar risks 
regulated by the Department resulting from comparable activities. In 
making such comparisons, the Secretary should consider relevant 
distinctions among risks, such as the voluntary or involuntary nature 
of risks, and the preventability or nonpreventability of risks.
    ``(e) Review by Standards Committee.--
            ``(1) Peer review.--For any significant standard or 
        regulatory requirement, the Secretary shall submit any risk 
        assessment documents and cost-benefit analyses (prepared or 
        received by the Secretary) for review by the Technical Pipeline 
        Safety Standards Committee, the Hazardous Liquid Pipeline 
        Safety
         Standards Committee, or both, as appropriate, and make them 
available to the public. The Technical Pipeline Safety Standards 
Committee and the Hazardous Liquid Pipeline Safety Standards Committee 
shall function as peer review panels and shall prepare reports, 
including any recommended options for any significant standard or 
regulatory requirement and an evaluation of the technical scientific 
merit of the data and scientific method used for a risk assessment 
document or cost-benefit analysis. The Committee or Committees shall 
submit such reports to the Secretary within 90 days after the date of 
receipt of the documents and analyses from the Secretary.
            ``(2) Response of secretary.--The Secretary shall review 
        the report and recommendations of the Technical Pipeline Safety 
        Standards Committee, the Technical Hazardous Liquids Pipeline 
        Safety Standards Committee, or both, as the case may be. Within 
        90 days after receipt of such report, the Secretary--
                    ``(A) shall submit to the Committee or Committees a 
                written response to all peer review comments and 
                recommended options; and
                    ``(B) may revise the risk assessment document or 
                cost-benefit analysis prior to determining whether the 
                proposed significant standard or regulatory requirement 
                should be promulgated.
    ``(f) Emergencies.--In the case of an emergency, the Secretary may 
suspend the application of this section for the duration of the 
emergency.
    ``(g) Report.--Not later than March 31, 1999, the Secretary shall 
transmit to Congress a report on the application of the principles of 
the analyses of risk reduction benefits and costs and risk assessment 
to this chapter and their effect on pipeline safety.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60126. Analysis of risk reduction benefits and costs.
``60127. Risk management.''.
 SEC. 4. DEFINITIONS.

    (a) In General.--Section 60101(a) is amended--
            (1) by striking subparagraph (B) of paragraph (21) and 
        inserting the following:
                    ``(B) does not include the gathering of gas, other 
                than gathering through regulated gathering lines, in 
                those rural locations that are outside the limits of 
                any incorporated or unincorporated city, town, or 
                village, or any other designated residential or 
                commercial area (such as a subdivision, business, 
                shopping center, or community development) or any 
                similar populated area which the Secretary of 
                Transportation may define as a nonrural area; but
                    ``(C) includes the movement of gas through 
                regulated gathering lines.''; and
            (2) by adding at the end the following:
            ``(23) `best estimate' means a scientifically appropriate 
        estimate which is based, to the extent feasible, on one of the 
        following:
                    ``(A) Central estimates of risk using the most 
                plausible assumptions.
                    ``(B) An approach which combines multiple estimates 
                based on different scenarios and weighs the probability 
                of each scenario.
                    ``(C) Any other methodology designed to provide the 
                most unbiased representation of the most plausible 
                level of risk, given the current scientific information 
                available to the Secretary.
            ``(24) `benefits' means the reasonably identifiable 
        significant health, safety, environmental, social, and economic 
        benefits that are expected to result directly or indirectly 
        from implementation of a standard, regulatory requirement, or 
        option.
            ``(25) `costs' means the direct and indirect costs to the 
        United States Government, to State, local, and tribal 
        governments, and to the private sector, wage earners, 
        consumers, and the economy of implementing and complying with a 
        standard, regulatory requirement, or option.
            ``(26) `risk assessment document' means a document 
        containing--
                    ``(A) an explanation of how hazards associated with 
                a substance, activity, or condition have been 
                identified, quantified, and assessed; and
                    ``(B) a statement by the preparer of the document 
                accepting the findings of the document.
            ``(27) `risk management' means the systematic application, 
        by the owner or operator of a pipeline facility, of management 
        policies, procedures, finite resources, and practices to the 
        tasks of analyzing, assessing, and controlling risk in order to 
        protect employees, the general public, the environment, and 
        pipeline facilities.
            ``(28) `risk management plan' means a management plan 
        utilized by a gas or hazardous liquid pipeline facility owner 
        or operator that encompasses risk management.
            ``(29) `significant standard or regulatory requirement' 
        means any safety or environmental standard or regulatory 
        requirement, or closely related group of safety or 
        environmental standards or regulatory requirements, that is 
        likely to result in annualized compliance costs in excess of 
        $25,000,000.
            ``(30) `substitution risk' means a potential risk to public 
        safety or the environment from a significant standard, 
        regulatory requirement, or option designed to decrease other 
        risks.''.
    (b) Gathering Lines.--Section 60101(b)(2) is amended by inserting 
``, if appropriate,'' after ``Secretary'' the first place it appears.

 SEC. 5. GENERAL AUTHORITY.

    (a) Minimum Safety Standards.--Section 60102(a) is amended--
            (1) by striking ``(a)(1)'' and inserting ``(a)'';
            (2) by striking paragraph (2);
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively;
            (4) in paragraph (1), as redesignated by paragraph (3) of 
        this subsection, by striking ``transporters of gas and 
        hazardous liquid and to''; and
            (5) by striking paragraph (3), as redesignated by paragraph 
        (3) of this subsection, and inserting the following:
            ``(3) shall include a requirement that all individuals who 
        operate and maintain pipeline facilities must be qualified.
Such qualifications shall address the ability to recognize and react 
appropriately to abnormal operating conditions that may indicate a 
dangerous situation or a condition exceeding design limits. The 
operator of the pipeline facility shall ensure that employees who 
operate and maintain the facility are qualified.''.
    (b) Practicability and Safety Needs Standards.--Section 60102(b) is 
amended--
            (1) by striking ``section 60103'' and inserting ``sections 
        60103 and 60112'';
            (2) in paragraph (1)(B) by inserting ``safety'' after 
        ``pipeline'';
            (3) by striking ``and'' at the end of paragraph (3);
            (4) in paragraph (4) by striking ``contribute to'' and 
        inserting ``benefit'';
            (5) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (6) by adding at the end the following new paragraph:
            ``(5) the comments and recommendations of the Technical 
        Pipeline Safety Standards Committee, the Technical Hazardous 
        Liquid Pipeline Safety Standards Committee, or both, as 
        appropriate.''.
    (c) Facility Operation Information Standards.--Section 60102(d) is 
amended in the first sentence--
            (1) by inserting after ``operating the facility'' the 
        following: ``as required by the standards prescribed under this 
        chapter'';
            (2) by striking ``to provide the information'' and 
        inserting ``to make the information available''; and
            (3) by inserting after ``to the Secretary and an 
        appropriate State official'' the following: ``as determined by 
        the Secretary''.
    (d) Pipe Inventory Standards.--Section 60102(e) is amended in the 
first sentence--
            (1) by striking ``and, to the extent the Secretary 
        considers necessary, an operator of a gathering line that is 
        not a regulated gathering line (as defined under section 
        60101(b)(2) of this title),''; and
            (2) by striking ``transmission'' and inserting 
        ``transportation''.
    (e) Smart Pigs.--
            (1) Minimum safety standards.--Section 60102(f) is amended 
        by striking ``(1)'' and all that follows through ``device.'' 
        and inserting the following:
            ``(1) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards requiring that the design 
        and construction of a new gas or hazardous liquid pipeline 
        transmission facility be carried out, to the extent 
        practicable, in a way that accommodates the passage through the 
        facility of an instrumented internal inspection device 
        (commonly referred to as a `smart pig'). The Secretary shall 
        also prescribe minimum safety standards requiring that when a 
        segment of an existing gas or hazardous liquid pipeline 
        transmission facility is replaced, to the extent practicable, 
        the replacement segment can accommodate the passage of an 
        instrumented internal inspection device. The Secretary may 
        apply the standard to an existing gas or hazardous liquid 
        facility and require the facility to be changed to allow the 
        facility to be inspected with an instrumented internal 
        inspection device if the basic construction of the facility 
        will accommodate the device.''.
            (2) Periodic inspections.--Section 60102(f) is further 
        amended--
                    (A) in paragraph (2) by inserting ``Periodic 
                inspections.--'' after ``(2)'';
                    (B) in paragraph (2) by inserting after ``the 
                Secretary shall prescribe'' the following: ``, if 
                necessary, additional''; and
                    (C) by moving paragraph (2) 2 ems to the right.
    (f) Updating Standards.--Section 60102 is amended by adding at the 
end the following:
    ``(l) Updating Standards.--The Secretary shall, to the extent 
appropriate and practicable, update incorporated industry standards 
that have been adopted as part of the Federal pipeline safety 
regulatory program.''.

 SEC. 6. RISK MANAGEMENT.

    Chapter 601 is further amended by adding at the end the following 
new section:
``Sec. 60127. Risk management
    ``(a) Risk Management Demonstration Project.--The Secretary of 
Transportation shall carry out a project with voluntary participation 
by owners and operators of pipeline facilities to demonstrate 
applications of risk management. The purpose of the project shall be to 
evaluate the safety and cost effectiveness of such applications.
    ``(b) Exemption.--During the period of the demonstration project 
carried out under this section, the Secretary may exempt owners and 
operators participating in the project from compliance with some or all 
of the standards and regulatory requirements that would otherwise apply 
to such owners and operators under this chapter. In addition, the 
Secretary shall exempt such owners and operators from complying with 
standards and regulatory requirements promulgated under this chapter 
during the period of such participation with respect to facilities 
included in the project.
    ``(c) Requirements.--In carrying out the demonstration project 
under this section, the Secretary shall--
            ``(1) invite owners and operators of pipeline facilities to 
        submit risk management plans for timely approval by the 
        Secretary;
            ``(2) ensure that the approved risk management plans under 
        the project contain measures that are designed to achieve an 
        equivalent or greater overall level of safety than would 
        otherwise be achieved by complying with the standards and 
        regulatory requirements of this chapter; and
            ``(3) ensure that the project incorporates the following 
        elements:
                    ``(A) collaborative training;
                    ``(B) methods to measure the performance of risk 
                management plans;
                    ``(C) development and application of new 
                technologies;
                    ``(D) promotion of community awareness;
                    ``(E) development of a model to categorize the 
                risks inherent to a selected pipeline facility,
                 considering the location, volume, pressure, and 
material transported or stored by the facility;
                    ``(F) application of risk assessment and risk 
                management methodologies suitable to the inherent risks 
                determined to exist by the model developed under 
                subparagraph (E);
                    ``(G) development of project elements needed to 
                ensure that owners and operators participating in the 
                project demonstrate that risks are being effectively 
                managed and that risk management plans carried out 
                under the project can be audited;
                    ``(H) a process for making amendments, 
                modifications, and adjustments to approved risk 
                management plans under the project as agreed to by 
                owners and operators carrying out such plans and the 
                Secretary; and
                    ``(I) such other elements as the Secretary and 
                owners and operators participating in the project may 
                agree would further the purposes of this section.
    ``(d) Emergencies.--In the case of an emergency, the Secretary may 
suspend or revoke the participation of an owner or operator in the 
demonstration project carried out under this section.
    ``(e) Report.--Not later than March 31, 1999, the Secretary shall 
transmit to Congress a report on the results of the demonstration 
project carried out under this section together with an evaluation of 
the project and recommendations on whether or not the applications 
demonstrated under the project should be made a permanent part of the 
Federal pipeline safety program.''.

 SEC. 7. INSPECTION AND MAINTENANCE.

    Section 60108 is amended--
            (1) in subsection (a)(1) by striking ``transporting gas or 
        hazardous liquid or'' each place it appears;
            (2) in subsection (b)(2) by striking the second sentence;
            (3) in the heading to subsection (c) by striking 
        ``Navigable Waters'' and inserting ``Other Waters''; and
            (4) by striking clause (ii) of subsection (c)(2)(A) and 
        inserting the following:
            ``(ii) any other pipeline facility crossing under, over, or 
        through waters where a substantial likelihood of commercial 
        navigation exists if the Secretary decides that the location of 
        the facility in those waters could pose a hazard to navigation 
        or public safety.''.

 SEC. 8. HIGH-DENSITY POPULATION AREAS AND ENVIRONMENTALLY SENSITIVE 
              AREAS.

    (a) Identification.--Section 60109(a)(1)(B)(i) is amended by 
striking ``a navigable waterway (as the Secretary defines by 
regulation)'' and inserting ``waters where a substantial likelihood of 
commercial navigation exists''.
    (b) Unusually Sensitive Areas.--Section 60109(b) is amended to read 
as follows:
    ``(b) Areas To Be Included as Unusually Sensitive.--When describing 
areas that are unusually sensitive to environmental damage if there is 
a hazardous liquid pipeline accident, the Secretary shall consider 
areas where a pipeline rupture would likely cause permanent or long-
term environmental damage, including--
            ``(1) locations near pipeline rights-of-way that are 
        critical to drinking water, including intake locations for 
        community water systems and critical sole source aquifer 
        protection areas; and
            ``(2) locations near pipeline rights-of-way which have been 
        identified as critical wetlands, riverine or estuarine systems, 
        National Parks, wilderness areas, wildlife preservation areas 
        and refuges, wild and scenic rivers, or critical habitat areas 
        for threatened and endangered species.''.

SEC. 9. EXCESS FLOW VALUES.

    Section 60110 is amended--
            (1) in subsection (b) by inserting ``, if any,'' after 
        ``circumstances'';
            (2) in subsection (b)(4) by inserting ``, operating, and 
        maintaining'' after ``cost of installing'';
            (3) in subsection (c)(1)(C) by inserting ``, maintenance, 
        and replacement'' after ``installation''; and
            (4) in subsection (e) by inserting after the first sentence 
        the following: ``The Secretary may adopt industry accepted 
        performance standards in order to comply with this 
        requirement.''.

 SEC. 10. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.

    Section 60113 is amended--
            (1) by striking ``(a) Maintenance Information.--''; and
            (2) by striking subsection (b).

 SEC. 11. ONE-CALL NOTIFICATION SYSTEMS.

    (a) Application.--Section 60114(a) is amended--
            (1) in paragraph (1) by striking ``the system apply to'';
            (2) in paragraph (1) by inserting before the period ``be 
        covered by a system'';
            (3) in each of paragraphs (1), (2), (3), (6), (7), (8), and 
        (9) by striking ``a'' the first place it appears and inserting 
        ``A'';
            (4) in paragraph (4) by striking ``qualifications'' and 
        inserting ``Qualifications''; and
            (5) in paragraph (5) by striking ``procedures'' and 
        inserting ``Procedures''.
    (b) Sanctions.--Section 60114(a)(9) is further amended by striking 
``60120, 60122, and 60123'' and inserting ``60120 and 60122''.

 SEC. 12. TECHNICAL SAFETY STANDARDS COMMITTEES.

    (a) Peer Review.--Section 60115(a) is amended by adding at the end 
the following: ``The Committees shall serve as peer review committees 
for carrying out this chapter. Peer reviews conducted by the Committees 
shall be treated for purposes of all Federal laws relating to risk 
assessment and peer review (including laws approved after the date of 
the enactment of the Pipeline Safety Act of 1995) as meeting any peer 
review requirements of such laws.''.
    (b) Composition and Appointment.--Section 60115(b) is amended--
            (1) in paragraph (1) by inserting ``or risk management'' 
        before the period at the end of the last sentence;
            (2) in paragraph (2) by inserting ``or risk management'' 
        before the period at the end of the last sentence;
            (3) in paragraph (3)(B) by striking ``4'' and inserting 
        ``5'';
            (4) in paragraph (3)(C) by striking ``6'' and inserting 
        ``5'';
            (5) in paragraph (4)(B) by adding at the end the following: 
        ``At least 1 of the individuals selected for each committee 
        under paragraph (3)(B) must have education, background, or 
        experience in risk assessment and cost-benefit analysis. The 
        Secretary shall consult with the national organizations 
        representing the owners and operators of pipeline facilities 
        before selecting individuals under paragraph (3)(B).''; and
            (6) in paragraph (4)(C) by inserting after the first 
        sentence the following: ``At least 1 of the individuals 
        selected for each committee under paragraph (3)(C) must have 
        education, background, or experience in risk assessment and 
        cost-benefit analysis.''.
    (c) Committee Reports.--Section 60115(c) is amended--
            (1) by inserting ``or regulatory requirement'' after 
        ``standard'' each place it appears in paragraphs (1), (2), and 
        (3);
            (2) in paragraph (1)(A) by inserting after ``gas pipeline 
        facilities'' the following: ``, including the risk assessment 
        document, cost-benefit, and other analyses supporting each 
        proposed standard or regulatory requirement'';
            (3) in paragraph (1)(B) by inserting after ``hazardous 
        liquid pipeline facilities'' the following: ``, including the 
        risk assessment document, cost-benefit, and other analyses 
        supporting each proposed standard or regulatory requirement''; 
        and
            (4) in paragraph (2)--
                    (A) by inserting ``and supporting analyses'' before 
                the first comma in the first sentence;
                    (B) by inserting ``and submit to the Secretary'' 
                after ``prepare'' in the first sentence;
                    (C) by inserting ``cost effectiveness,'' after 
                ``reasonableness,'' in the first sentence;
                    (D) by inserting ``together with recommended 
                actions'' before the period at the end of the first 
                sentence; and
                    (E) by inserting ``any recommended actions and'' 
                after ``including'' in the second sentence.
    (d) Proposed Committee Standards and Regulatory Requirements.--
Section 60115(d)(1) is amended by inserting ``or regulatory 
requirement'' after ``standard'' each place it appears;
    (e) Meetings.--Section 60115(e) is amended by striking ``twice'' 
and inserting ``4 times''.
    (f) Expenses.--Section 60115(f) is amended--
            (1) in the subsection heading by striking ``Pay and'';
            (2) by striking the first two sentences; and
            (3) by inserting ``of a committee under this section'' 
        after ``A member''.

SEC. 13. PUBLIC EDUCATION PROGRAMS.

    Section 60116 is amended--
            (1) by striking ``person transporting gas'' and inserting 
        ``owner or operator of a gas pipeline facility'';
            (2) by inserting ``the use of damage prevention (`one-
        call') systems prior to excavation,'' after ``educate the 
        public on''; and
            (3) by inserting a comma after ``gas leaks''.

SEC. 14. ADMINISTRATIVE.

    Section 60117 is amended by adding at the end the following:
    ``(k) Authority for Cooperative Agreements.--To carry out this 
chapter, the Secretary may enter into grants, cooperative agreements, 
and other transactions with any person, agency, or instrumentality of 
the United States, any unit of State or local government, any 
educational institution, and any other entity to further the objectives 
of this chapter. Such objectives include, but are not limited to, the 
development, improvement, and promotion of one-call damage prevention 
programs, research, risk assessment, and mapping.''.

 SEC. 15. COMPLIANCE AND WAIVERS.

    Section 60118 is amended by adding at the end the following:
    ``(e) Compliance With Risk Management Plans.--Owners and operators 
that are participating in the demonstration project under section 60127 
shall be considered to be in compliance with any prescribed safety 
standard or regulatory requirement that is covered by an approved plan 
under section 60127.''.

SEC. 16. DAMAGE REPORTING.

    Section 60123(d)(2) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) a pipeline facility and does not report the 
                damage promptly to the operator of the pipeline 
                facility and other appropriate authorities; or''.

 SEC. 17. ANNUAL REPORTS.

    Section 60124 and the item relating to such section in the analysis 
for chapter 601 are repealed.

SEC. 18. POPULATION ENCROACHMENT.

    (a) In General.--Chapter 601 is amended by inserting after section 
60123 the following new section:
``Sec. 60124. Population encroachment
    ``(a) Land Use Recommendations.--The Secretary of Transportation 
shall make available to an appropriate official of each State, as 
determined by the Secretary, the land use recommendations of the 
Transportation Research Board's Special Report 219, entitled `Pipelines 
and Public Safety'.
    ``(b) Evaluation.--The Secretary shall evaluate the recommendations 
in the report referred to in subsection (a), determine to what extent 
the recommendations are being implemented, consider ways to improve 
implementation of the recommendations, and consider other initiatives 
to further improve awareness of local planning and zoning entities 
regarding issues involved with population encroachment in proximity to 
the rights-of-ways of any interstate gas pipeline facility or 
interstate hazardous liquid pipeline facility.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by inserting after the item relating to section 60123 the following:

``60124. Population encroachment.''.
SEC. 19. USER FEES.

    Within 6 months after the date of the enactment of this Act, the 
Secretary of Transportation shall transmit to the Congress a report 
analyzing whether the assessment of pipeline safety user fees solely on 
the basis of mileage is the most appropriate measure of the resources 
used by the Department of Transportation in the regulation of pipeline 
transportation, or whether another basis of assessment might be more 
appropriate.
SEC. 20. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

    (a) Amendment.--Chapter 601 is amended by adding at the end the 
following new section:
``Sec. 60128. Dumping within pipeline rights-of-way
    ``(a) Prohibition.--No person shall excavate for the purpose of 
unauthorized disposal within the right-of-way of an interstate gas 
pipeline facility or interstate hazardous liquid pipeline facility, or 
any other limited area in the vicinity of any such interstate pipeline 
facility established by the Secretary of Transportation, and dispose 
solid waste therein.
    ``(b) Definition.--For purposes of this section, the term `solid 
waste' has the meaning given such term in section 1004(27) of the Solid 
Waste Disposal Act (42 U.S.C. 6903(27)).''.
    (b) Conforming Amendments.--(1) Sections 60122 and 60123 are 
amended by striking ``or 60118(a)'' and inserting in lieu thereof ``, 
60118(a), or 60128''.
    (2) The table of sections of chapter 601 is amended by adding at 
the end the following new item:

``60128. Dumping within pipeline rights-of-way.''.
SEC. 21. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.

    Section 60117(a) is amended by inserting after ``and training 
activities'' the following: ``and promotional activities relating to 
prevention of damage to pipeline facilities''.
SEC. 22. TECHNICAL CORRECTIONS.

    (a) Section 60105.--The heading to section 60105 is amended by 
inserting ``pipeline safety program'' after ``State''.
    (b) Section 60106.--The heading to section 60106 is amended by 
inserting ``pipeline safety'' after ``State''.
    (c) Section 60107.--The heading to section 60107 is amended by 
inserting ``pipeline safety'' after ``State''.
    (d) Chapter Analysis.--The analysis for chapter 601 is amended--
            (1) in the item relating to section 60105 by inserting 
        ``pipeline safety program'' after ``State'';
            (2) in the item relating to section 60106 by inserting 
        ``pipeline safety'' after ``State''; and
            (3) in the item relating to section 60107 by inserting 
        ``pipeline safety'' after ``State''.

 SEC. 23. AUTHORIZATIONS OF APPROPRIATION.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--Not more than the following 
amounts may be appropriated to the Secretary of Transportation for 
carrying out this chapter (except sections 60107 and 60114(b)) related 
to gas and hazardous liquid:
            ``(1) $9,936,000 for fiscal year 1996.
            ``(2) $10,512,000 for fiscal year 1997.
            ``(3) $11,088,000 for fiscal year 1998.
            ``(4) $11,664,000 for fiscal year 1999.''.
    (b) Repeal.--Section 60125(b) is repealed.
    (c) State Grants.--Section 60125(c)(1) is amended by adding at the 
end the following:
            ``(D) $10,764,000 for fiscal year 1996.
            ``(E) $11,388,000 for fiscal year 1997.
            ``(F) $12,012,000 for fiscal year 1998.
            ``(G) $12,636,000 for fiscal year 1999.''.
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                                                  Union Calendar No. 58

104th CONGRESS

  1st Session

                               H. R. 1323

                  [Report No. 104-110, Parts I and II]

_______________________________________________________________________

                                 A BILL

  To reduce risk to public safety and the environment associated with 
 pipeline transportation of natural gas and hazardous liquids, and for 
                            other purposes.

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                              June 1, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
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