II

104TH CONGRESS

1ST SESSION S. 1505

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 SENATE OF THE UNITED STATES

DECEMBER 22, 1995

Mr. LOTT (for himself, Mr. BREAUX, and Mrs. HUTCHISON) introduced the

following bill; which was read twice and referred to the Committee on

Commerce, Science, and Transportation

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Accountable Pipeline

5 Safety and Partnership Act of 1995’’.

6 SEC. 2. REFERENCES.

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms

9 of an amendment to, or repeal of, a section or other provi-
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1 sion, the reference shall be considered to be made to a

2 section or other provision of title 49, United States Code.

3 SEC. 3. DEFINITIONS.

4 (a) IN GENERAL.—Section 60101(a) is amended—

5 (1) in each of paragraphs (1) through (22), by

6 striking the period at the end and inserting a semi7 colon;

8 (2) in paragraph (21), by striking subpara9 graph (B) and inserting the following:

10 ‘‘(B) does not include the gathering of gas,

11 other than gathering through regulated gather12 ing lines, in those rural locations that are lo13 cated outside the limits of any incorporated or

14 unincorporated city, town, or village, or any

15 other designated residential or commercial area

16 (including a subdivision, business, shopping

17 center, or community development) or any simi18 lar populated area that the Secretary of Trans19 portation determines to be a nonrural area, ex20 cept that the term ‘transporting gas’ includes

21 the movement of gas through regulated gather22 ing lines;’’; and

23 (3) by adding at the end the following:

24 ‘‘(23) ‘benefits’ means the reasonably identifi25 able or estimated safety, environmental, and eco-
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1 nomic benefits that are reasonably expected to result

2 directly or indirectly from the implementation of a

3 standard, regulatory requirement, or option;

4 ‘‘(24) ‘costs’ means, with respect to the imple5 mentation of, or compliance with, a standard, regu6 latory requirement, or option, the estimated or ac7 tual direct and indirect costs of that implementation

8 or compliance;

9 ‘‘(25) ‘incremental benefit’ or ‘incremental cost’

10 means the additional estimated benefit or cost

11 that—

12 ‘‘(A) would be caused by a particular ac13 tion (whether regulatory or nonregulatory) in

14 comparison with other options that may be

15 taken in lieu of that action; and

16 ‘‘(B) is based on quantifiable or qualifiable

17 assessments that use generally available and

18 reasonably obtainable scientific or economic

19 data;

20 ‘‘(26) ‘risk management’ means the systematic

21 application, by the owner or operator of a pipeline

22 facility, of management policies, procedures, finite

23 resources, and practices to the tasks of analyzing,

24 assessing, and minimizing risk in order to protect
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1 employees, the general public, the environment, and

2 pipeline facilities;

3 ‘‘(27) ‘risk management plan’ means a manage4 ment plan utilized by a gas or hazardous liquid pipe5 line facility owner or operator that encompasses risk

6 management; and

7 ‘‘(28) ‘Secretary’ means—

8 ‘‘(A) the Secretary of Transportation; or

9 ‘‘(B) if applicable, any person to whom the

10 Secretary of Transportation delegates authority

11 with respect to a matter concerned.’’.

12 (b) GATHERING LINES.—Section 60101(b)(2) is

13 amended by inserting ‘‘, if appropriate,’’ after ‘‘Secretary’’

14 the first place it appears.

15 SEC. 4. GENERAL AUTHORITY.

16 (a) MINIMUM SAFETY STANDARDS.—Section

17 60102(a) is amended—

18 (1) in paragraph (1), by striking subparagraph

19 (C) and inserting the following:

20 ‘‘(C) shall include a requirement that all indi21 viduals who operate and maintain pipeline facilities

22 shall be qualified to operate and maintain the pipe23 line facilities.’’; and

24 (2) by striking paragraph (2) and inserting the

25 following:
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1 ‘‘(2) The qualifications applicable to an individual

2 who operates and maintains a pipeline facility shall ad3 dress the ability to recognize and react appropriately to

4 abnormal operating conditions that may indicate a dan5 gerous situation or a condition exceeding design limits.

6 The operator of a pipeline facility shall ensure that em7 ployees who operate and maintain the facility are qualified

8 to operate and maintain the pipeline facilities.’’.

9 (b) PRACTICABILITY AND SAFETY NEEDS STAND10 ARDS.—Section 60102(b) is amended to read as follows:

11 ‘‘(b) PRACTICABILITY AND SAFETY NEEDS.—

12 ‘‘(1) IN GENERAL.—A standard prescribed

13 under subsection (a) shall be—

14 ‘‘(A) practicable; and

15 ‘‘(B) designed to meet the need for—

16 ‘‘(i) gas pipeline safety;

17 ‘‘(ii) safely transporting hazardous

18 liquids; and

19 ‘‘(iii) protecting the environment.

20 ‘‘(2) FACTORS FOR CONSIDERATION.—Except

21 as provided in section 60112, when prescribing a

22 standard under this section or section 60101(b),

23 60103, 60108, 60109, 60110, or 60113, the Sec24 retary shall consider—

25 ‘‘(A) relevant available—
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1 ‘‘(i) gas pipeline safety information; or

2 ‘‘(ii) hazardous liquid pipeline safety

3 and environmental protection information;

4 ‘‘(B) the appropriateness of the standard

5 for the particular type of pipeline transpor6 tation or facility;

7 ‘‘(C) the reasonableness of the standard;

8 ‘‘(D) based on a risk assessment, the ex9 tent to which the standard will benefit public

10 safety and the protection of the environment;

11 ‘‘(E) the costs of compliance with the

12 standard;

13 ‘‘(F) comments and information received

14 from the public; and

15 ‘‘(G) the comments and recommendations

16 of the Technical Pipeline Safety Standards

17 Committee described in section 60115 and the

18 Liquid Pipeline Safety Standards Committee

19 described in section 60115.

20 ‘‘(3) RISK ASSESSMENT DOCUMENT.—In pre21 scribing a standard referred to in paragraph (2), the

22 Secretary shall prepare a risk assessment document

23 that—
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1 ‘‘(A) identifies the regulatory and non2 regulatory options that the Secretary considered

3 in prescribing a proposed standard;

4 ‘‘(B) identifies the incremental costs and

5 incremental benefits with respect to public safe6 ty and the protection of the environment that

7 are associated with the proposed standard;

8 ‘‘(C) includes—

9 ‘‘(i) an explanation of the reasons for

10 the selection of the proposed standard in

11 lieu of the other options identified; and

12 ‘‘(ii) with respect to each of those

13 other options, a brief explanation of the

14 reasons that the Secretary found that op15 tion to be less cost-effective or flexible than

16 the proposed standard; and

17 ‘‘(D) provides any technical data or other

18 information upon which the risk assessment

19 document and proposed standard is based.

20 ‘‘(4) REVIEW.—

21 ‘‘(A) IN GENERAL.—The Secretary shall—

22 ‘‘(i) submit each risk assessment doc23 ument prepared under this section to the

24 Technical Pipeline Safety Standards Com25 mittee described in section 60115 or the
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1 Hazardous Liquid Pipeline Safety Stand2 ards Committee described in section

3 60115, or both, as appropriate; and

4 ‘‘(ii) make that document available to

5 the general public.

6 ‘‘(B) PEER REVIEW PANELS.—The com7 mittees referred to in subparagraph (A) shall

8 serve as peer review panels to review risk as9 sessment documents prepared under this sec10 tion. Not later than 90 days after receiving a

11 risk assessment document for review pursuant

12 to subparagraph (A), each committee that re13 ceives that document shall prepare and submit

14 to the Secretary a report that includes—

15 ‘‘(i) an evaluation of the merit of the

16 data and methods used in that document;

17 and

18 ‘‘(ii) any recommended options relat19 ing to that document and the associated

20 standard or regulatory requirement that

21 the committee determines to be appro22 priate.

23 ‘‘(C) REVIEW BY SECRETARY.—Not later

24 than 90 days after receiving a report submitted
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1 by a committee under subparagraph (B), the

2 Secretary—

3 ‘‘(i) shall review the report;

4 ‘‘(ii) shall provide a written response

5 to the committee that is the author of the

6 report concerning all significant peer re7 view comments and recommended alter8 natives contained in the report; and

9 ‘‘(iii) may revise the risk assessment

10 and the proposed standard or regulatory

11 requirement before promulgating the final

12 standard or requirement.

13 ‘‘(5) INCREMENTAL BENEFITS AND COSTS.—

14 Before issuing a final standard that is subject to the

15 requirements contained in paragraphs (1) and (2),

16 the Secretary shall certify that the incremental bene17 fits of the final standard will likely justify, and be

18 reasonably related to, the incremental costs incurred

19 by the Federal Government and State, local, and

20 tribal governments and any other public entity, and

21 the private sector.

22 ‘‘(6) EMERGENCIES.—In the case of an emer23 gency that meets the criteria described in section

24 60112(e), the Secretary may suspend the application

25 of this section for the duration of the emergency.
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1 ‘‘(7) REPORT.—Not later than March 31, 1999,

2 the Secretary shall transmit to the Congress a re3 port that—

4 ‘‘(A) describes the implementation of the

5 risk assessment requirements of this section, in6 cluding the extent to which those requirements

7 have improved regulatory decision making; and

8 ‘‘(B) includes any recommendations that

9 the Secretary determines would make the risk

10 assessments conducted pursuant to the require11 ments under this chapter a more effective

12 means of assessing the benefits and costs asso13 ciated with alternative regulatory and non14 regulatory options in prescribing standards

15 under the Federal pipeline safety regulatory

16 program under this chapter.’’.

17 (c) FACILITY OPERATION INFORMATION STAND18 ARDS.—The first sentence of section 60102(d) is amend19 ed—

20 (1) by inserting ‘‘as required by the standards

21 prescribed under this chapter’’ after ‘‘operating the

22 facility’’;

23 (2) by striking ‘‘to provide the information’’

24 and inserting ‘‘to make the information available’’;

25 and
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1 (3) by inserting ‘‘as determined by the Sec2 retary’’ after ‘‘to the Secretary and an appropriate

3 State official’’.

4 (d) PIPE INVENTORY STANDARDS.—The first sen5 tence of section 60102(e) is amended—

6 (1) by striking ‘‘and, to the extent the Sec7 retary considers necessary, an operator of a gather8 ing line that is not a regulated gathering line (as de9 fined under section 60101(b)(2) of this title),’’; and

10 (2) by striking ‘‘transmission’’ and inserting

11 ‘‘transportation’’.

12 (e) SMART PIGS.—

13 (1) MINIMUM SAFETY STANDARDS.—Section

14 60102(f) is amended by striking paragraph (1) and

15 inserting the following:

16 ‘‘(1) MINIMUM SAFETY STANDARDS.—The Sec17 retary shall prescribe minimum safety standards re18 quiring that the design and construction of a new

19 gas or hazardous liquid pipeline transmission facility

20 be carried out, to the extent practicable, in a way

21 that accommodates the passage through the facility

22 of an instrumented internal inspection device (com23 monly referred to as a ‘smart pig’). The Secretary

24 shall also prescribe minimum safety standards that

25 require that when a segment of an existing gas or
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1 hazardous liquid pipeline transmission facility is re2 placed, to the extent practicable, the replacement

3 segment can accommodate the passage of an instru4 mented internal inspection device. The Secretary

5 may apply the standards to an existing gas or haz6 ardous liquid facility and require that the facility be

7 changed to allow the facility to be inspected with an

8 instrumented internal inspection device if the basic

9 construction of the facility will accommodate the de10 vice.’’.

11 (2) PERIODIC INSPECTIONS.—Section

12 60102(f)(2) is amended—

13 (A) by striking ‘‘(2) Not later than’’ and

14 inserting the following:

15 ‘‘(2) PERIODIC INSPECTIONS.—Not later than’’;

16 and

17 (B) by inserting ‘‘, if necessary, addi18 tional’’ after ‘‘the Secretary shall prescribe’’.

19 (f) UPDATING STANDARDS.—Section 60102 is

20 amended by adding at the end the following new sub21 section:

22 ‘‘(l) UPDATING STANDARDS.—The Secretary shall, to

23 the extent appropriate and practicable, update incor24 porated industry standards that have been adopted as part
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1 of the Federal pipeline safety regulatory program under

2 this chapter.’’.

3 SEC. 5. RISK MANAGEMENT.

4 (a) IN GENERAL.—Chapter 601 is amended by add5 ing at the end the following new section:

6 ‘‘§ 60126. Risk management

7 ‘‘(a) RISK MANAGEMENT PROGRAM DEMONSTRA8 TION PROJECTS.—

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish risk management demonstration projects—

11 ‘‘(A) to demonstrate, through the vol12 untary participation by owners and operators of

13 gas pipeline facilities and hazardous liquid pipe14 line facilities, the applications of risk manage15 ment; and

16 ‘‘(B) to evaluate the safety and cost-effec17 tiveness of the applications referred to in sub18 paragraph (A).

19 ‘‘(2) WAIVERS.—In carrying out a demonstra20 tion project under this subsection, the Secretary—

21 ‘‘(A) may waive, with respect to the owner

22 or operator of any pipeline facility covered

23 under the project (referred to in this subsection

24 as a ‘covered pipeline facility’), the applicability

25 of all or a portion of the requirements under
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1 this chapter that would otherwise apply to that

2 owner or operator with respect to the pipeline

3 facility; and

4 ‘‘(B) shall waive, for the period of the

5 project, with respect to the owner or operator

6 that participates in the project, the applicability

7 of any new standard or regulatory requirement

8 that the Secretary promulgates under this chap9 ter during the period of that participation, if

10 the Secretary determines that the risk manage11 ment plan applicable to the demonstration

12 project provides an overall level of safety that

13 is equivalent to or greater than the level of

14 safety provided by requiring the application of

15 that standard or regulatory requirement.

16 ‘‘(b) REQUIREMENTS.—In carrying out a demonstra17 tion project under this section, the Secretary shall—

18 ‘‘(1) invite owners and operators of pipeline fa19 cilities to submit risk management plans for timely

20 approval by the Secretary;

21 ‘‘(2) require, as a condition of approval, that a

22 risk management plan submitted under this sub23 section contain measures that are designed to

24 achieve an equivalent or greater overall level of safe25 ty than would otherwise be achieved through compli-
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1 ance with the standards and regulatory requirements

2 contained in this chapter or promulgated by the Sec3 retary under this chapter;

4 ‘‘(3) provide for—

5 ‘‘(A) collaborative government and indus6 try training;

7 ‘‘(B) methods to measure the safety per8 formance of risk management plans;

9 ‘‘(C) the development and application of

10 new technologies;

11 ‘‘(D) the promotion of community aware12 ness concerning how the overall level of safety

13 will be enhanced by the demonstration project;

14 ‘‘(E) the development of a model that cat15 egorizes the risks inherent to each covered pipe16 line facility, taking into consideration the loca17 tion, volume, pressure, and material transported

18 or stored by that pipeline facility;

19 ‘‘(F) the application of risk assessment

20 and risk management methodologies that are

21 suitable to the inherent risks that are deter22 mined to exist through the use of the model de23 veloped under subparagraph (E);

24 ‘‘(G) the development of project elements

25 that are necessary to ensure that—
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1 ‘‘(i) the owners and operators that

2 participate in the demonstration project

3 demonstrate that they are effectively man4 aging the risks referred to in subparagraph

5 (E); and

6 ‘‘(ii) the risk management plans car7 ried out under the demonstration project

8 under this subsection can be audited;

9 ‘‘(H) a process whereby an owner or opera10 tor of a pipeline facility is able to amend, mod11 ify, or otherwise adjust a risk management plan

12 referred to in paragraph (1) that has been ap13 proved by the Secretary pursuant to that para14 graph to respond to—

15 ‘‘(i) changed circumstances; or

16 ‘‘(ii) a determination by the Secretary

17 that the owner or operator is not achieving

18 an overall level of safety that is at least

19 equivalent to the level that would otherwise

20 be achieved through compliance with the

21 standards and regulatory requirements

22 contained in this chapter or promulgated

23 by the Secretary under this chapter; and

24 ‘‘(I) such other elements as the Secretary,

25 with the agreement of the owners and operators
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1 that participate in the demonstration project

2 under this section, determines to further the

3 purposes of this section; and

4 ‘‘(4) in selecting participants for the dem5 onstration project, take into consideration the past

6 safety and regulatory performance of each applicant

7 who submits a risk management plan pursuant to

8 paragraph (1).

9 ‘‘(c) EMERGENCIES.—In the case of an emergency

10 that meets the criteria described in section 60112(e), the

11 Secretary may suspend or revoke the participation of an

12 owner or operator in the demonstration project under this

13 section.

14 ‘‘(d) PARTICIPATION BY STATE AUTHORITY.—Not15 withstanding any other provision of this chapter, in carry16 ing out the demonstration project under this section, the

17 Secretary may provide for the participation in the dem18 onstration project by a State that has in effect a certifi19 cation that has been approved by the Secretary under sec20 tion 60105.

21 ‘‘(e) REPORT.—Not later than March 31, 1999, the

22 Secretary shall transmit to the Congress a report on the

23 results of the demonstration projects carried out under

24 this section that includes—
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1 ‘‘(1) an evaluation of each such demonstration

2 project, including an evaluation of the performance

3 of each participant in that project with respect to

4 safety and environmental protection; and

5 ‘‘(2) recommendations concerning whether the

6 applications of risk management demonstrated

7 under the demonstration project should be incor8 porated into the Federal pipeline safety program

9 under this chapter on a permanent basis.’’.

10 (b) CONFORMING AMENDMENT.—The analysis for

11 chapter 601 is amended by adding at the end the follow12 ing:

‘‘60126. Risk management.’’.

13 SEC. 6. INSPECTION AND MAINTENANCE.

14 Section 60108 is amended—

15 (1) in subsection (a)(1), by striking ‘‘transport16 ing gas or hazardous liquid or’’ each place it ap17 pears;

18 (2) in subsection (b)(2), by striking the second

19 sentence;

20 (3) in the heading to subsection (c), by striking

21 ‘‘NAVIGABLE WATERS’’ and inserting ‘‘OTHER WA22 TERS’’; and

23 (4) by striking clause (ii) of subsection

24 (c)(2)(A) and inserting the following:
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1 ‘‘(ii) any other pipeline facility crossing under,

2 over, or through waters where a substantial likeli3 hood of commercial navigation exists, if the Sec4 retary decides that the location of the facility in

5 those waters could pose a hazard to navigation or

6 public safety.’’.

7 SEC. 7. HIGH-DENSITY POPULATION AREAS AND ENVIRON8 MENTALLY SENSITIVE AREAS.

9 (a) IDENTIFICATION.—Section 60109(a)(1)(B)(i) is

10 amended by striking ‘‘a navigable waterway (as the Sec11 retary defines by regulation)’’ and inserting ‘‘waters where

12 a substantial likelihood of commercial navigation exists’’.

13 (b) UNUSUALLY SENSITIVE AREAS.—Section

14 60109(b) is amended to read as follows:

15 ‘‘(b) AREAS TO BE INCLUDED AS UNUSUALLY SEN16 SITIVE.—When describing areas that are unusually sen17 sitive to environmental damage if there is a hazardous liq18 uid pipeline accident, the Secretary shall consider areas

19 where a pipeline rupture would likely cause permanent or

20 long-term environmental damage, including—

21 ‘‘(1) locations near pipeline rights-of-way that

22 are critical to drinking water, including intake loca23 tions for community water systems and critical sole

24 source aquifer protection areas; and
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1 ‘‘(2) locations near pipeline rights-of-way that

2 have been identified as critical wetlands, riverine or

3 estuarine systems, national parks, wilderness areas,

4 wildlife preservation areas or refuges, wild and sce5 nic rivers, or critical habitat areas for threatened

6 and endangered species.’’.

7 SEC. 8. EXCESS FLOW VALUES.

8 Section 60110 is amended—

9 (1) in subsection (b)—

10 (A) in the first sentence, by inserting ‘‘, if

11 any,’’ after ‘‘circumstances’’; and

12 (B) in paragraph (4), by inserting ‘‘, oper13 ating, and maintaining’’ after ‘‘cost of install14 ing’’;

15 (2) in subsection (c)(1)(C), by inserting ‘‘,

16 maintenance, and replacement’’ after ‘‘installation’’;

17 and

18 (3) in subsection (e), by inserting after the first

19 sentence the following: ‘‘The Secretary may adopt

20 industry accepted performance standards in order to

21 comply with the requirement under the preceding

22 sentence.’’.

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

24 Section 60113 is amended—
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1 (1) by striking ‘‘(a) MAINTENANCE INFORMA2 TION.—’’; and

3 (2) by striking subsection (b).

4 SEC. 10. UNDERGROUND FACILITY DAMAGE PREVENTION

5 PROGRAMS.

6 (a) APPLICATION.—Section 60114(a) is amended—

7 (1) in the matter preceding paragraph (1), by

8 striking ‘‘one-call notification system’’ and inserting

9 ‘‘underground facility damage prevention program

10 (hereafter in this subsection referred to as a ‘pro11 gram’)’’;

12 (2) in paragraph (1)—

13 (A) by striking ‘‘the system apply to’’; and

14 (B) by inserting before the period the fol15 lowing: ‘‘be covered by the program’’;

16 (3) in each of paragraphs (2), (4), (5), (6), and

17 (8), by striking ‘‘system’’ each place it appears and

18 inserting ‘‘program’’;

19 (4) in paragraph (3), by striking ‘‘appropriate

20 one-call notification system’’ and inserting ‘‘appro21 priate program’’;

22 (5) in paragraph (4), by striking ‘‘qualifica23 tions’’ and inserting ‘‘Qualifications’’;

24 (6) in paragraph (5), by striking ‘‘procedures’’

25 and inserting ‘‘Procedures’’; and
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1 (7) in each of paragraphs (1), (2), (3), (6), (7),

2 (8), and (9), by striking ‘‘a’’ the first place it ap3 pears and inserting ‘‘A’’.

4 (b) SANCTIONS.—Section 60114(a)(9), as amended

5 by subsection (a)(7), is further amended by striking

6 ‘‘60120, 60122, and 60123’’ and inserting ‘‘60120 and

7 60122’’.

8 (c) GRANTS.—Section 60114(b) is amended by strik9 ing ‘‘one-call notification system’’ and inserting ‘‘under10 ground facility damage prevention program’’.

11 (d) APPORTIONMENT.—Section 60114(d) is amended

12 by striking ‘‘one-call notification system’’ each place it ap13 pears and inserting ‘‘underground facility damage preven14 tion program’’.

15 (e) CONFORMING AMENDMENTS.—

16 (1) SECTION HEADING.—The heading to section

17 60114 is amended to read as follows:

18 ‘‘§ 60114. Underground facility damage prevention

19 programs’’.

20 (2) CHAPTER ANALYSIS.—The analysis for

21 chapter 601 is amended by striking the item relating

22 to section 60114 and inserting the following item:

‘‘60114. Underground facility damage prevention programs.’’.

23 SEC. 11. TECHNICAL SAFETY STANDARDS COMMITTEES.

24 (a) PEER REVIEW.—Section 60115(a) is amended by

25 adding at the end the following: ‘‘The committees referred
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1 to in the preceding sentence shall serve as peer review

2 committees for carrying out this chapter. Peer reviews

3 conducted by the committees shall be treated for purposes

4 of all Federal laws relating to risk assessment and peer

5 review (including laws that take effect after the date of

6 the enactment of the Pipeline Safety Act of 1995) as meet7 ing any peer review requirements of such laws.’’.

8 (b) COMPOSITION AND APPOINTMENT.—Section

9 60115(b) is amended—

10 (1) in paragraph (1), by inserting ‘‘or risk man11 agement’’ before the period at the end of the last

12 sentence;

13 (2) in paragraph (2), by inserting ‘‘or risk man14 agement’’ before the period at the end of the last

15 sentence;

16 (3) in paragraph (3)—

17 (A) in subparagraph (B), by striking ‘‘4’’

18 and inserting ‘‘5’’; and

19 (B) in subparagraph (C), by striking ‘‘6’’

20 and inserting ‘‘5’’; and

21 (4) in paragraph (4)—

22 (A) in subparagraph (A), by adding at the

23 end the following: ‘‘At least 1 of the individuals

24 selected for each committee under paragraph
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1 (3)(A) shall have relevant scientific education,

2 background, or experience.’’;

3 (B) in subparagraph (B), by adding at the

4 end the following: ‘‘At least 1 of the individuals

5 selected for each committee under paragraph

6 (3)(B) shall have education, background, or ex7 perience in risk assessment and cost-benefit

8 analysis. The Secretary shall consult with the

9 national organizations representing the owners

10 and operators of pipeline facilities before select11 ing individuals under paragraph (3)(B).’’; and

12 (C) in subparagraph (C), by inserting after

13 the first sentence the following: ‘‘At least 1 of

14 the individuals selected for each committee

15 under paragraph (3)(C) shall have education,

16 background, or experience in risk assessment

17 and cost-benefit analysis.’’.

18 (c) COMMITTEE REPORTS.—Section 60115(c) is

19 amended—

20 (1) by inserting ‘‘or regulatory requirement’’

21 after ‘‘standard’’ each place it appears in para22 graphs (1), (2), and (3);

23 (2) in paragraph (1)—

24 (A) in subparagraph (A), by inserting ‘‘,

25 including the risk assessment document and
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1 other analyses supporting each proposed stand2 ard or regulatory requirement’’ before the semi3 colon; and

4 (B) in subparagraph (B), by inserting ‘‘,

5 including the risk assessment document and

6 other analyses supporting each proposed stand7 ard or regulatory requirement’’ before the pe8 riod; and

9 (3) in paragraph (2)—

10 (A) in the first sentence—

11 (i) by inserting ‘‘and supporting anal12 yses’’ before the first comma;

13 (ii) by inserting ‘‘and submit to the

14 Secretary’’ after ‘‘prepare’’;

15 (iii) by inserting ‘‘cost-effectiveness,’’

16 after ‘‘reasonableness,’’; and

17 (iv) by inserting ‘‘and include in the

18 report recommended actions’’ before the

19 period at the end; and

20 (B) in the second sentence, by inserting

21 ‘‘any recommended actions and’’ after ‘‘includ22 ing’’.

23 (d) PROPOSED COMMITTEE STANDARDS AND REGU24 LATORY REQUIREMENTS.—Section 60115(d)(1) is amend-
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1 ed by inserting ‘‘or regulatory requirement’’ after ‘‘stand2 ard’’ each place it appears.

3 (e) MEETINGS.—Section 60115(e) is amended by

4 striking ‘‘twice’’ and inserting ‘‘4 times’’.

5 (f) EXPENSES.—Section 60115(f) is amended—

6 (1) in the subsection heading by striking ‘‘PAY

7 AND’’;

8 (2) by striking the first 2 sentences; and

9 (3) by inserting ‘‘of a committee under this sec10 tion’’ after ‘‘A member’’.

11 SEC. 12. PUBLIC EDUCATION PROGRAMS.

12 Section 60116 is amended—

13 (1) by striking ‘‘person transporting gas’’ and

14 inserting ‘‘owner or operator of a gas pipeline facil15 ity’’;

16 (2) by inserting ‘‘the use of an underground fa17 cility damage prevention program prior to exca18 vation,’’ after ‘‘educate the public on’’; and

19 (3) by inserting a comma after ‘‘gas leaks’’.

20 SEC. 13. ADMINISTRATIVE.

21 Section 60117 is amended by adding at the end the

22 following new subsection:

23 ‘‘(k) AUTHORITY FOR COOPERATIVE AGREE24 MENTS.—To carry out this chapter, the Secretary may

25 enter into grants, cooperative agreements, and other
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1 transactions with any person, agency, or instrumentality

2 of the United States, any unit of State or local govern3 ment, any educational institution, or any other entity to

4 further the objectives of this chapter. The objectives of

5 this chapter include the development, improvement, and

6 promotion of one-call damage prevention programs, re7 search, risk assessment, and mapping.’’.

8 SEC. 14. COMPLIANCE AND WAIVERS.

9 Section 60118 is amended by adding at the end the

10 following new subsection:

11 ‘‘(e) COMPLIANCE WITH RISK MANAGEMENT

12 PLANS.—The owners and operators of pipeline facilities

13 that participate in the demonstration project under section

14 60126 shall, during the applicable period of participation

15 in the program, be considered to be in compliance with

16 any prescribed safety standard or regulatory requirement

17 that is covered by a plan that is approved by the Secretary

18 under section 60126.’’.

19 SEC. 15. DAMAGE REPORTING.

20 Section 60123(d)(2) is amended—

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

22 (A);

23 (2) by redesignating subparagraph (B) as sub24 paragraph (C); and
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1 (3) by inserting after subparagraph (A) the fol2 lowing:

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

4 the damage promptly to the operator of the

5 pipeline facility and to other appropriate au6 thorities; or’’.

7 SEC. 16. BIANNUAL REPORTS.

8 (a) BIANNUAL REPORTS.—

9 (1) SECTION HEADING.—The section heading of

10 section 60124 is amended to read as follows:

11 ‘‘§ 60124. Biannual reports’’.

12 (2) REPORTS.—Section 60124(a) is amended

13 by striking the first sentence and inserting the fol14 lowing:

15 ‘‘(a) SUBMISSION AND COMMENTS.—Not later than

16 August 15, 1997, and every 2 years thereafter, the Sec17 retary of Transportation shall submit to Congress a report

18 on carrying out this chapter for the 2 immediately preced19 ing calendar years for gas and a report on carrying out

20 this chapter for such period for hazardous liquid.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

22 chapter 601 is amended by striking the item relating to

23 section 60124 and inserting the following:

‘‘60124. Biannual reports.’’.
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1 SEC. 17. POPULATION ENCROACHMENT.

2 (a) IN GENERAL.—Chapter 601, as amended by sec3 tion 5, is further amended by adding at the end the follow4 ing new section:

5 ‘‘§ 60127. Population encroachment

6 ‘‘(a) LAND USE RECOMMENDATIONS.—The Sec7 retary of Transportation shall make available to an appro8 priate official of each State, as determined by the Sec9 retary, the land use recommendations of the special report

10 numbered 219 of the Transportation Research Board, en11 titled ‘Pipelines and Public Safety’.

12 ‘‘(b) EVALUATION.—The Secretary shall—

13 ‘‘(1) evaluate the recommendations in the re14 port referred to in subsection (a);

15 ‘‘(2) determine to what extent the recommenda16 tions are being implemented;

17 ‘‘(3) consider ways to improve the implementa18 tion of the recommendations; and

19 ‘‘(4) consider other initiatives to further im20 prove awareness of local planning and zoning enti21 ties regarding issues involved with population en22 croachment in proximity to the rights-of-way of any

23 interstate gas pipeline facility or interstate hazard24 ous liquid pipeline facility.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 601 is amended by inserting after the item relat3 ing to section 60126 the following:

‘‘60127. Population encroachment.’’.

4 SEC. 18. USER FEES.

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary of Transportation shall

7 transmit to the Congress a report analyzing the assess8 ment of pipeline safety user fees solely on the basis of

9 mileage to determine whether—

10 (1) that measure of the resources of the De11 partment of Transportation is the most appropriate

12 measure of the resources used by the Department of

13 Transportation in the regulation of pipeline trans14 portation; or

15 (2) another basis of assessment would be a

16 more appropriate measure of those resources.

17 SEC. 19. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

18 (a) AMENDMENT.—Chapter 601, as amended by sec19 tion 17, is further amended by adding at the end the fol20 lowing new section:

21 ‘‘§ 60128. Dumping within pipeline rights-of-way

22 ‘‘(a) PROHIBITION.—No person shall excavate for the

23 purpose of unauthorized disposal within the right-of-way

24 of an interstate gas pipeline facility or interstate hazard25 ous liquid pipeline facility, or any other limited area in
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1 the vicinity of any such interstate pipeline facility estab2 lished by the Secretary of Transportation, and dispose

3 solid waste therein.

4 ‘‘(b) DEFINITION.—For purposes of this section, the

5 term ‘solid waste’ has the meaning given that term in sec6 tion 1004(27) of the Solid Waste Disposal Act (42 U.S.C.

7 6903(27)).’’.

8 (b) CONFORMING AMENDMENTS.—

9 (1) CROSS-REFERENCE.—Sections 60122 and

10 60123 are each amended by striking ‘‘or 60118(a)’’

11 and inserting ‘‘, 60118(a), or 60128’’.

12 (2) CHAPTER ANALYSIS.—The analysis for

13 chapter 601 is amended by adding at the end the

14 following new item:

‘‘60128. Dumping within pipeline rights-of-way.’’.

15 SEC. 20. PREVENTION OF DAMAGE TO PIPELINE FACILI16 TIES.

17 Section 60117(a) is amended by inserting after ‘‘and

18 training activities’’ the following: ‘‘and promotional activi19 ties relating to prevention of damage to pipeline facilities’’.

20 SEC. 21. TECHNICAL CORRECTIONS.

21 (a) SECTION 60105.—The heading to section 60105

22 is amended by inserting ‘‘pipeline safety program’’

23 after ‘‘State’’.
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1 (b) SECTION 60106.—The heading to section 60106

2 is amended by inserting ‘‘pipeline safety’’ after

3 ‘‘State’’.

4 (c) SECTION 60107.—The heading to section 60107

5 is amended by inserting ‘‘pipeline safety’’ after

6 ‘‘State’’.

7 (d) CHAPTER ANALYSIS.—The analysis for chapter

8 601 is amended—

9 (1) in the item relating to section 60105, by in10 serting ‘‘pipeline safety program’’ after ‘‘State’’;

11 (2) in the item relating to section 60106, by in12 serting ‘‘pipeline safety’’ after ‘‘State’’; and

13 (3) in the item relating to section 60107, by in14 serting ‘‘pipeline safety’’ after ‘‘State’’.

15 SEC. 22. AUTHORIZATION OF APPROPRIATIONS.

16 (a) GAS AND HAZARDOUS LIQUID.—Section 60125

17 is amended—

18 (1) by striking subsection (a) and inserting the

19 following new subsection:

20 ‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry out

21 this chapter (except for sections 60107 and 60114(b)) re22 lated to gas and hazardous liquid, there are authorized

23 to be appropriated to the Department of Transportation—

24 ‘‘(1) $9,936,000 for fiscal year 1996;

25 ‘‘(2) $10,512,000 for fiscal year 1997;
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1 ‘‘(3) $11,088,000 for fiscal year 1998; and

2 ‘‘(4) $11,664,000 for fiscal year 1999.’’; and

3 (2) by striking subsection (b).

4 (b) STATE GRANTS.—Section 60125(c)(1) is amend5 ed by adding at the end the following:

6 ‘‘(D) $10,764,000 for fiscal year 1996.

7 ‘‘(E) $11,388,000 for fiscal year 1997.

8 ‘‘(F) $12,012,000 for fiscal year 1998.

9 ‘‘(G) $12,636,000 for fiscal year 1999.’’.

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