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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1505 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 1505

_______________________________________________________________________

                                 AN ACT

 
  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 ``Accountable Pipeline Safety and 
Partnership Act of 1996''.

SEC. 2. REFERENCES.

    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.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 60101(a) is amended--
            (1) by striking the periods at the end of paragraphs (1) 
        through (22) and inserting semicolons;
            (2) by striking paragraph (21)(B) 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 located outside the 
                limits of any incorporated or unincorporated city, 
                town, or village, or any other designated residential 
                or commercial area (including a subdivision, business, 
                shopping center, or community development) or any 
                similar populated area that the Secretary of 
                Transportation determines to be a nonrural area, except 
                that the term `transporting gas' includes the movement 
                of gas through regulated gathering lines;''; and
            (3) by adding at the end the following:
            ``(23) `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 identifying, analyzing, assessing, reducing, and 
        controlling risk in order to protect employees, the general 
        public, the environment, and pipeline facilities;
            ``(24) `risk management plan' means a management plan 
        utilized by a gas or hazardous liquid pipeline facility owner 
        or operator that encompasses risk management; and
            ``(25) `Secretary' means the Secretary of 
        Transportation.''.
    (b) Gathering Lines.--Section 60101(b)(2) is amended by inserting 
``, if appropriate,'' after ``Secretary'' the first place it appears.

SEC. 4. GENERAL AUTHORITY.

    (a) Minimum Safety Standards.--Section 60102(a) is amended--
            (1) by striking ``transporters of gas and hazardous liquid 
        and to'' in paragraph (1)(A);
            (2) by striking paragraph (1)(C) and inserting the 
        following:
                    ``(C) shall include a requirement that all 
                individuals who operate and maintain pipeline 
                facilities shall be qualified to operate and maintain 
                the pipeline facilities.''; and
             (3) by striking paragraph (2) and inserting the following:
            ``(2) The qualifications applicable to an individual who 
        operates and maintains a pipeline facility 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 a pipeline 
        facility shall ensure that employees who operate and maintain 
        the facility are qualified to operate and maintain the pipeline 
        facilities.''.
    (b) Practicability and Safety Needs Standards.--Section 60102(b) is 
amended to read as follows:
    ``(b) Practicability and Safety Needs Standards.--
            ``(1) In general.--A standard prescribed under subsection 
        (a) shall be--
                    ``(A) practicable; and
                    ``(B) designed to meet the need for--
                            ``(i) gas pipeline safety, or safely 
                        transporting hazardous liquids, as appropriate; 
                        and
                            ``(ii) protecting the environment.
            ``(2) Factors for consideration.--When prescribing any 
        standard under this section or section 60101(b), 60103, 60108, 
        60109, 60110, or 60113, the Secretary shall consider--
                    ``(A) relevant available--
                            ``(i) gas pipeline safety information;
                            ``(ii) hazardous liquid pipeline safety 
                        information; and
                            ``(iii) environmental information;
                    ``(B) the appropriateness of the standard for the 
                particular type of pipeline transportation or facility;
                    ``(C) the reasonableness of the standard;
                    ``(D) based on a risk assessment, the reasonably 
                identifiable or estimated benefits expected to result 
                from implementation or compliance with the standard;
                    ``(E) based on a risk assessment, the reasonably 
                identifiable or estimated costs expected to result from 
                implementation or compliance with the standard;
                    ``(F) comments and information received from the 
                public; and
                    ``(G) the comments and recommendations of the 
                Technical Pipeline Safety Standards Committee, the 
                Technical Hazardous Liquid Pipeline Safety Standards 
                Committee, or both, as appropriate.
            ``(3) Risk assessment.--In conducting a risk assessment 
        referred to in subparagraphs (D) and (E) of paragraph (2), the 
        Secretary shall--
                    ``(A) identify the regulatory and nonregulatory 
                options that the Secretary considered in prescribing a 
                proposed standard;
                    ``(B) identify the costs and benefits associated 
                with the proposed standard;
                    ``(C) include--
                            ``(i) an explanation of the reasons for the 
                        selection of the proposed standard in lieu of 
                        the other options identified; and
                            ``(ii) with respect to each of those other 
                        options, a brief explanation of the reasons 
                        that the Secretary did not select the option; 
                        and
                    ``(D) identify technical data or other information 
                upon which the risk assessment information and proposed 
                standard is based.
            ``(4) Review.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) submit any risk assessment 
                        information prepared under paragraph (3) of 
                        this subsection to the Technical Pipeline 
                        Safety Standards Committee, the Technical 
                        Hazardous Liquid Pipeline Safety Standards 
                        Committee, or both, as appropriate; and
                            ``(ii) make that risk assessment 
                        information available to the general public.
                    ``(B) Peer review panels.--The committees referred 
                to in subparagraph (A) shall serve as peer review 
                panels to review risk assessment information prepared 
                under this section. Not later than 90 days after 
                receiving risk assessment information for review 
                pursuant to subparagraph (A), each committee that 
                receives that risk assessment information shall prepare 
                and submit to the Secretary a report that includes--
                            ``(i) an evaluation of the merit of the 
                        data and methods used; and
                            ``(ii) any recommended options relating to 
                        that risk assessment information and the 
                        associated standard that the committee 
                        determines to be appropriate.
                    ``(C) Review by secretary.--Not later than 90 days 
                after receiving a report submitted by a committee under 
                subparagraph (B), the Secretary--
                            ``(i) shall review the report;
                            ``(ii) shall provide a written response to 
                        the committee that is the author of the report 
                        concerning all significant peer review comments 
                        and recommended alternatives contained in the 
                        report; and
                            ``(iii) may revise the risk assessment and 
                        the proposed standard before promulgating the 
                        final standard.
            ``(5) Secretarial decisionmaking.--Except where otherwise 
        required by statute, the Secretary shall propose or issue a 
        standard under this Chapter only upon a reasoned determination 
        that the benefits of the intended standard justify its costs.
            ``(6) Exceptions from application.--The requirements of 
        subparagraphs (D) and (E) of paragraph (2) do not apply when--
                    ``(A) the standard is the product of a negotiated 
                rulemaking, or other rulemaking including the adoption 
                of industry standards that receives no significant 
                adverse comment within 60 days of notice in the Federal 
                Register;
                    ``(B) based on a recommendation (in which three-
                fourths of the members voting concur) by the Technical 
                Pipeline Safety Standards Committee, the Technical 
                Hazardous Liquid Pipeline Safety Standards Committee, 
                or both, as applicable, the Secretary waives the 
                requirements; or
                    ``(C) the Secretary finds, pursuant to section 
                553(b)(3)(B) of title 5, United States Code, that 
                notice and public procedure are not required.
            ``(7) Report.--Not later than March 31, 2000, the Secretary 
        shall transmit to the Congress a report that--
                    ``(A) describes the implementation of the risk 
                assessment requirements of this section, including the 
                extent to which those requirements have affected 
                regulatory decisionmaking and pipeline safety; and
                    ``(B) includes any recommendations that the 
                Secretary determines would make the risk assessment 
                process conducted pursuant to the requirements under 
                this chapter a more effective means of assessing the 
                benefits and costs associated with alternative 
                regulatory and nonregulatory options in prescribing 
                standards under the Federal pipeline safety regulatory 
                program under this chapter.''.
    (c) Facility Operation Information Standards.--The first sentence 
of section 60102(d) is amended--
            (1) by inserting ``as required by the standards prescribed 
        under this chapter'' after ``operating the facility'';
            (2) by striking ``to provide the information'' and 
        inserting ``to make the information available''; and
            (3) by inserting ``as determined by the Secretary'' after 
        ``to the Secretary and an appropriate State official''.
    (d) Pipe Inventory Standards.--The first sentence of section 
60102(e) is amended--
            (1) by striking ``and, to the extent the Secretary 
        considers necessary, an operator of a gathering line that is 
        not a regulated gather 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 paragraph (1) and inserting the following:
            ``(1) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards requiring that--
                    ``(A) the design and construction of new natural 
                gas transmission pipeline or hazardous liquid pipeline 
                facilities, and
                    ``(B) when the replacement of existing natural gas 
                transmission pipeline or hazardous liquid pipeline 
                facilities or equipment is required, the replacement of 
                such existing facilities be carried out, to the extent 
                practicable, in a manner so as to accommodate the 
                passage through such natural gas transmission pipeline 
                or hazardous liquid pipeline facilities of instrumented 
                internal inspection devices (commonly referred to as 
                `smart pigs'). The Secretary may extend such standards 
                to require existing natural gas transmission pipeline 
                or hazardous liquid pipeline facilities, whose basic 
                construction would accommodate an instrumented internal 
                inspection device to be modified to permit the 
                inspection of such facilities with instrumented 
                internal inspection devices.''.
            (2) Periodic inspections.--Section 60102(f)(2) is amended--
                     (A) by striking ``(2) Not later than'' and 
                inserting the following:
            ``(2) Periodic inspections.--Not later than''; and
                    (B) by inserting ``, if necessary, additional'' 
                after ``the Secretary shall prescribe''.
    (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 under this chapter.''.
    (g) Mapping.--Section 60102(c) is amended by adding at the end 
thereof the following:
            ``(4) Promoting public awareness.--
                    ``(A) Not later than one year after the date of 
                enactment of the Accountable Pipeline Safety and 
                Accountability Act of 1996, and annually thereafter, 
                the owner or operator of each interstate gas pipeline 
                facility shall provide to the governing body of each 
                municipality in which the interstate gas pipeline 
                facility is located, a map identifying the location of 
                such facility.
                    ``(B)(i) Not later than June 1, 1998, the Secretary 
                shall survey and assess the public education programs 
                under section 60116 and the public safety programs 
                under section 60102(c) and determine their 
                effectiveness and applicability as components of a 
                model program. In particular, the survey shall include 
                the methods by which operators notify residents of the 
                location of the facility and its right of way, public 
                information regarding existing One-Call programs, and 
                appropriate procedures to be followed by residents of 
                affected municipalities in the event of accidents 
                involving interstate gas pipeline facilities.
                    ``(ii) Not later than one year after the survey and 
                assessment are completed, the Secretary shall institute 
                a rulemaking to determine the most effective public 
                safety and education program components and promulgate 
                if appropriate, standards implementing those components 
                on a nationwide basis. In the event that the Secretary 
                finds that promulgation of such standards are not 
                appropriate, the Secretary shall report to Congress the 
                reasons for that finding.''.
    (h) Remote Control.--Section 60102(j) is amended by adding at the 
end thereof the following:
            ``(3) Remotely controlled valves.--(A) Not later than June 
        1, 1998, the Secretary shall survey and assess the 
        effectiveness of remotely controlled valves to shut off the 
        flow of natural gas in the event of a rupture of an interstate 
        natural gas pipeline facility and shall make a determination 
        about whether the use of remotely controlled valves is 
        technically and economically feasible and would reduce risks 
        associated with a rupture of an interstate natural gas pipeline 
        facility.
            ``(B) Not later than one year after the survey and 
        assessment are completed, if the Secretary has determined that 
        the use of remotely controlled valves is technically and 
        economically feasible and would reduce risks associated with a 
        rupture of an interstate natural gas pipeline facility, the 
        Secretary shall prescribe standards under which an operator of 
        an interstate natural gas pipeline facility must use a remotely 
        controlled valve. These standards shall include, but not be 
        limited to, requirements for high-density population areas.''.

SEC. 5. RISK MANAGEMENT.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60126. Risk management
    ``(a) Risk Management Program Demonstration Projects.--
            ``(1) In general.--The Secretary shall establish risk 
        management demonstration projects--
                    ``(A) to demonstrate, through the voluntary 
                participation by owners and operators of gas pipeline 
                facilities and hazardous liquid pipeline facilities, 
                the application of risk management; and
                    ``(B) to evaluate the safety and cost-effectiveness 
                of the program.
            ``(2) Exemptions.--In carrying out a demonstration project 
        under this subsection, the Secretary, by order--
                    ``(A) may exempt an owner or operator of the 
                pipeline facility covered under the project (referred 
                to in this subsection as a `covered pipeline 
                facility'), from the applicability of all or a portion 
                of the requirements under this chapter that would 
                otherwise apply to the covered pipeline facility; and
                    ``(B) shall exempt, for the period of the project, 
                an owner or operator of the covered pipeline facility, 
                from the applicability of any new standard that the 
                Secretary promulgates under this chapter during the 
                period of that participation, with respect to the 
                covered facility.
    ``(b) Requirements.--In carrying out a 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) require, as a condition of approval, that a risk 
        management plan submitted under this subsection contain 
        measures that are designed to achieve an equivalent or greater 
        overall level of safety than would otherwise be achieved 
        through compliance with the standards contained in this chapter 
        or promulgated by the Secretary under this chapter;
            ``(3) provide for--
                    ``(A) collaborative government and industry 
                training;
                    ``(B) methods to measure the safety performance of 
                risk management plans;
                    ``(C) the development and application of new 
                technologies;
                    ``(D) the promotion of community awareness 
                concerning how the overall level of safety will be 
                maintained or enhanced by the demonstration project;
                    ``(E) the development of models that categorize the 
                risks inherent to each covered pipeline facility, 
                taking into consideration the location, volume, 
                pressure, and material transported or stored by that 
                pipeline facility;
                    ``(F) the application of risk assessment and risk 
                management methodologies that are suitable to the 
                inherent risks that are determined to exist through the 
                use of models developed under subparagraph (E);
                    ``(G) the development of project elements that are 
                necessary to ensure that--
                            ``(i) the owners and operators that 
                        participate in the demonstration project 
                        demonstrate that they are effectively managing 
                        the risks referred to in subparagraph (E); and
                            ``(ii) the risk management plans carried 
                        out under the demonstration project under this 
                        subsection can be audited;
                    ``(H) a process whereby an owner or operator of a 
                pipeline facility is able to terminate a risk 
                management plan or, with the approval of the Secretary, 
                to amend, modify, or otherwise adjust a risk management 
                plan referred to in paragraph (1) that has been 
                approved by the Secretary pursuant to that paragraph to 
                respond to--
                            ``(i) changed circumstances; or
                            ``(ii) a determination by the Secretary 
                        that the owner or operator is not achieving an 
                        overall level of safety that is at least 
                        equivalent to the level that would otherwise be 
                        achieved through compliance with the standards 
                        contained in this chapter or promulgated by the 
                        Secretary under this chapter;
                    ``(I) such other elements as the Secretary, with 
                the agreement of the owners and operators that 
                participate in the demonstration project under this 
                section, determines to further the purposes of this 
                section; and
                    ``(J) an opportunity for public comment in the 
                approval process; and
            ``(4) in selecting participants for the demonstration 
        project, take into consideration the past safety and regulatory 
        performance of each applicant who submits a risk management 
        plan pursuant to paragraph (1).
    ``(c) Emergencies and Revocations.--Nothing in this section 
diminishes or modifies the Secretary's authority under this title to 
act in case of an emergency. The Secretary may revoke any exemption 
granted under this section for substantial noncompliance with the terms 
and conditions of an approved risk management plan.
    ``(d) Participation by State Authority.--In carrying out this 
section, the Secretary may provide for consultation by a State that has 
in effect a certification under section 60105. To the extent that a 
demonstration project comprises an intrastate natural gas pipeline or 
an intrastate hazardous liquid pipeline facility, the Secretary may 
make an agreement with the State agency to carry out the duties of the 
Secretary for approval and administration of the project.
    ``(e) Report.--Not later than March 31, 2000, the Secretary shall 
transmit to the Congress a report on the results of the demonstration 
projects carried out under this section that includes--
            ``(1) an evaluation of each such demonstration project, 
        including an evaluation of the performance of each participant 
        in that project with respect to safety and environmental 
        protection; and
            ``(2) recommendations concerning whether the applications 
        of risk management demonstrated under the demonstration project 
        should be incorporated into the Federal pipeline safety program 
        under this chapter on a permanent basis.''.
    (f) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60126. Risk management.''.

SEC. 6. INSPECTION AND MAINTENANCE.

    Section 60108 is amended--
            (1) by striking ``transporting gas or hazardous liquid or'' 
        in subsection (a)(1) each place it appears;
            (2) by striking the second sentence in subsection (b)(2);
            (3) by striking ``Navigable Waters'' in the heading for 
        subsection (c) 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. 7. 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 that have been 
        identified as critical wetlands, riverine or estuarine systems, 
        national parks, wilderness areas, wildlife preservation areas 
        or refuges, wild and scenic rivers, or critical habitat areas 
        for threatened and endangered species.''.

SEC. 8. EXCESS FLOW VALVES.

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

SEC. 9. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.

     Section 60113 is amended--
            (1) by striking the caption of subsection (a); and
            (2) by striking subsection (b).

SEC. 10. TECHNICAL SAFETY STANDARDS COMMITTEES.

    (a) Peer Review.--Section 60115(a) is amended by adding at the end 
the following: ``The committees referred to in the preceding sentence 
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 that take effect after the date of the enactment of the 
Accountable Pipeline Safety and Partnership Act of 1996) as meeting any 
peer review requirements of such laws.''.
    (b) Composition and Appointment.--Section 60115(b) is amended--
            (1) by inserting ``or risk management principles'' in 
        paragraph (1) before the period at the end;
            (2) by inserting ``or risk management principles'' in 
        paragraph (2) before the period at the end;
            (3) by striking ``4'' in paragraph (3)(B) and inserting 
        ``5'';
            (4) by striking ``6'' in paragraph (3)(C) and inserting 
        ``5'';
            (5) by adding at the end of paragraph (4)(B) the following: 
        ``At least 1 of the individuals selected for each committee 
        under paragraph (3)(B) shall 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) by inserting after the first sentence of paragraph 
        (4)(C) the following: ``At least 1 of the individuals selected 
        for each committee under paragraph (3)(C) shall have education, 
        background, or experience in risk assessment and cost-benefit 
        analysis.''.
    (c) Committee Reports.--Section 60115(c) is amended--
            (1) by inserting ``including the risk assessment 
        information and other analyses supporting each proposed 
        standard'' before the semicolon in paragraph (1)(A);
            (2) by inserting ``including the risk assessment 
        information and other analyses supporting each proposed 
        standard'' before the period in paragraph (1)(B);
            (3) by inserting ``and supporting analyses'' before the 
        first comma in the first sentence of paragraph (2);
            (4) by inserting ``and submit to the Secretary'' in the 
        first sentence of paragraph (2) after ``prepare'';
            (5) by inserting ``cost-effectiveness,'' in the first 
        sentence of paragraph (2) after ``reasonableness,''; and
            (6) by inserting ``and include in the report recommended 
        actions'' before the period at the end of the first sentence of 
        paragraph (2); and
            (7) by inserting ``any recommended actions and'' in the 
        second sentence of paragraph (2) after ``including''.
    (d) Meetings.--Section 60115(e) is amended by striking ``twice'' 
and inserting ``up to 4 times''.
    (e) Expenses.--Section 60115(f) is amended--
            (1) by striking ``Pay and'' in the subsection heading;
            (2) by striking the first 2 sentences; and
            (3) by inserting ``of a committee under this section'' 
        after ``A member''.

SEC. 11. 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 a one-call notification 
        system prior to excavation,'' after ``educate the public on''; 
        and
            (3) by inserting a comma after ``gas leaks''.

SEC. 12. ADMINISTRATIVE.

    Section 60117 is amended--
            (1) by adding at the end of subsection (b) the following: 
        ``The Secretary may require owners and operators of gathering 
        lines to provide the Secretary information pertinent to the 
        Secretary's ability to make a determination as to whether and 
        to what extent to regulate gathering lines.'';
            (2) by adding at the end thereof 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, or any other entity to further the objectives 
of this chapter. The objectives of this chapter include the 
development, improvement, and promotion of one-call damage prevention 
programs, research, risk assessment, and mapping.''; and
            (3) by striking ``transporting gas or hazardous liquid'' in 
        subsection (b) and inserting ``owning''.

SEC. 13. COMPLIANCE.

    (a) Section 60118 (a) is amended--
            (1) by striking ``transporting gas or hazardous liquid or'' 
        in subsection (a); and
            (2) by striking paragraph (1) and inserting the following:
            ``(1) comply with applicable safety standards prescribed 
        under this chapter, except as provided in this section or in 
        section 60126;''.
    (b) Section 60118 (b) is amended to read as follows:
    ``(b) Compliance Orders.--The Secretary of Transportation may issue 
orders directing compliance with this chapter, an order under section 
60126, or a regulation prescribed under this chapter. An order shall 
state clearly the action a person must take to comply.''.
    (c) Section 60118(c) is amended by striking ``transporting gas or 
hazardous liquid'' and inserting ``owning''.

SEC. 14. 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 that does not report the 
                damage promptly to the operator of the pipeline 
                facility and to other appropriate authorities; or''.

SEC. 15. BIENNIAL REPORTS.

    (a) Biennial Reports.--
            (1) Section heading.--The section heading of section 60124 
        is amended to read as follows:
``Sec. 60124. Biennial reports''.
            (2) Reports.--Section 60124(a) is amended by striking the 
        first sentence and inserting the following: ``Not later than 
        August 15, 1997, and every 2 years thereafter, the Secretary of 
        Transportation shall submit to Congress a report on carrying 
        out this chapter for the 2 immediately preceding calendar years 
        for gas and a report on carrying out this chapter for such 
        period for hazardous liquid.''.
    (c) Conforming Amendment.--The analysis for chapter 601 is amended 
by striking the item relating to section 60124 and inserting the 
following:

``60124. Biennial reports.''.

SEC. 16. POPULATION ENCROACHMENT.

    (a) In General.--Chapter 601, as amended by section 5, is further 
amended by adding at the end the following new section:
``Sec. 60127. 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 
special report numbered 219 of the Transportation Research Board, 
entitled `Pipelines and Public Safety'.
    ``(b) Evaluation.--The Secretary shall--
            ``(1) evaluate the recommendations in the report referred 
        to in subsection (a);
            ``(2) determine to what extent the recommendations are 
        being implemented;
            ``(3) consider ways to improve the implementation of the 
        recommendations; and
            ``(4) 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-way 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 60126 the following:

``60127. Population encroachment.''.

SEC. 17. USER FEES.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Transportation shall transmit 
to the Congress a report analyzing the present assessment of pipeline 
safety user fees solely on the basis of mileage to determine whether--
            (1) that measure of the resources of the Department of 
        Transportation is the most appropriate measure of the resources 
        used by the Department of Transportation in the regulation of 
        pipeline transportation; or
            (2) another basis of assessment would be a more appropriate 
        measure of those resources.
    (b) Considerations.--In making the report, the Secretary shall 
consider a wide range of assessment factors and suggestions and 
comments from the public.

SEC. 18. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

    (a) Amendment.--Chapter 601, as amended by section 16, is further 
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 that term in section 1004(27) of the Solid 
Waste Disposal Act (42 U.S.C. 6903(27)).''.
    (b) Conforming Amendments.--
            (1) Cross-reference.--Section 60123(a) is amended by 
        striking ``or 60118(a)'' and inserting ``, 60118(a), or 
        60128''.
            (2) Chapter analysis.--The analysis for chapter 601 is 
        amended by adding at the end the following new item:

``60128. Dumping within pipeline rights-of-way.''.

SEC. 19. 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. 20. TECHNICAL CORRECTIONS.

    (a) Section 60105.--The heading for section 60105 is amended by 
inserting ``pipeline safety program'' after ``State''.
    (b) Section 60106.--The heading for section 60106 is amended by 
inserting ``pipeline safety'' after ``State''.
    (c) Section 60107.--The heading for section 60107 is amended by 
inserting ``pipeline safety'' after ``State''.
    (d) Section 60114.--Section 60114 is amended--
            (1) by striking ``60120, 60122, and 60123'' in subsection 
        (a)(9) and inserting ``60120 and 60122'';
            (2) by striking subsections (b) and (d); and
            (3) by redesignating subsections (c) and (e) as subsections 
        (b) and (d), respectively.
    (e) Chapter Analysis.--The analysis for chapter 601 is amended--
            (1) by inserting ``pipeline safety program'' in the item 
        relating to section 60105 after ``State'';
            (2) by inserting ``pipeline safety'' in the item relating 
        to section 60106 after ``State''; and
            (3) by inserting ``pipeline safety'' in the item relating 
        to section 60107 after ``State''.
    (f) Section 60101.--Section 60101(b) is amended by striking 
``define by regulation'' each place it appears and inserting 
``prescribe standards defining''.
    (g) Section 60102.--Section 60102 is amended by striking 
``regulations'' each place it appears in subsections (f)(2), (i), and 
(j)(2) and inserting ``standards''.
    (h) Section 60108.--Section 60108 is amended--
            (1) by striking ``regulations'' in subsections (c)(2)(B), 
        (c)(4)(B), and (d)(3) and inserting ``standards''; and
            (2) by striking ``require by regulation'' in subsection 
        (c)(4)(A) and inserting ``establish a standard''.
    (i) Section 60109.--Section 60109(a) is amended by striking 
``regulations'' and inserting ``standards''.
    (j) Section 60110.--Section 60110 is amended by striking 
``regulations'' in subsections (b), (c)(1), and (c)(2) and inserting 
``standards''.
    (k) Section 60113.--Section 60113(a) is amended by striking 
``regulations'' and inserting ``standards''.

SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125 is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection:
    ``(a) Gas and Hazardous Liquid.--To carry out this chapter (except 
for sections 60107 and 60114(b)) related to gas and hazardous liquid, 
there are authorized to be appropriated to the Department of 
Transportation--
            ``(1) $19,448,000 for fiscal year 1996;
            ``(2) $20,028,000 for fiscal year 1997, of which 
        $14,600,000 is to be derived from user fees for fiscal year 
        1997 collected under section 60301 of this title;
            ``(3) $20,729,000 for fiscal year 1998, of which 
        $15,100,000 is to be derived from user fees for fiscal year 
        1998 collected under section 60301 of this title;
            ``(4) $21,442,000 for fiscal year 1999, of which 
        $15,700,000 is to be derived from user fees for fiscal year 
        1999 collected under section 60301 of this title''; and
            ``(5) $22,194,000 for fiscal year 2000, of which 
        $16,300,000 is to be derived from user fees for fiscal year 
        2000 collected under section 60301 of this title.''.
    (b) State Grants.--Section 60125(c)(1) is amended by adding at the 
end the following:
            ``(D) $12,000,000 for fiscal year 1996.
            ``(E) $14,000,000 for fiscal year 1997, of which 
        $12,500,000 is to be derived from user fees for fiscal year 
        1997 collected under section 60301 of this title.
            ``(F) $14,490,000 for fiscal year 1998, of which 
        $12,900,000 is to be derived from user fees for fiscal year 
        1998 collected under section 60301 of this title.
            ``(G) $15,000,000 for fiscal year 1999, of which 
        $13,300,000 is to be derived from user fees for fiscal year 
        1999 collected under section 60301 of this title.
            ``(H) $15,524,000 for fiscal year 2000, of which 
        $13,700,000 is to be derived from user fees for fiscal year 
        2000 collected under section 60301 of this title.''.

            Passed the Senate September 26, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 1505

_______________________________________________________________________

                                 AN ACT

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