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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4937 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 631
114th CONGRESS
  2d Session
                                H. R. 4937

                      [Report No. 114-807, Part I]

 To amend title 49, United States Code, to reauthorize pipeline safety 
     programs and enhance pipeline safety, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2016

  Mr. Denham (for himself, Mr. Capuano, Mr. Shuster, and Mr. DeFazio) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
Energy and 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

                           November 14, 2016

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

                           November 14, 2016

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               14, 2016]

_______________________________________________________________________

                                 A BILL

 
 To amend title 49, United States Code, to reauthorize pipeline safety 
     programs and enhance pipeline safety, 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; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Protecting our 
Infrastructure of Pipelines and Enhancing Safety Act of 2016'' or the 
``PIPES Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Authorization of appropriations.
Sec. 3. Failure of PHMSA to implement statutory mandates.
Sec. 4. Natural gas integrity management review.
Sec. 5. Hazardous liquid integrity management review.
Sec. 6. Technical safety standards committees.
Sec. 7. Inspection report information.
Sec. 8. Improving damage prevention technology.
Sec. 9. Workforce management.
Sec. 10. Information-sharing system.
Sec. 11. Nationwide integrated pipeline safety regulatory database.
Sec. 12. Underground natural gas storage facilities.
Sec. 13. Joint inspection and oversight.
Sec. 14. Safety data sheets.
Sec. 15. Hazardous materials identification numbers.
Sec. 16. Emergency order authority.
Sec. 17. State grant funds.
Sec. 18. Response plans.
Sec. 19. High consequence areas.
Sec. 20. Pipeline safety technical assistance grants.
Sec. 21. Study of materials and corrosion prevention in pipeline 
                            transportation.
Sec. 22. Research and development.
Sec. 23. Active and abandoned pipelines.
Sec. 24. State pipeline safety agreements.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) of title 49, United 
States Code is amended--
            (1) in paragraph (1) by striking ``there is authorized to 
        be appropriated to the Department of Transportation for each of 
        fiscal years 2012 through 2015, from fees collected under 
        section 60301, $90,679,000, of which $4,746,000 is for carrying 
        out such section 12 and $36,194,000 is for making grants.'' and 
        inserting the following: ``there is authorized to be 
        appropriated to the Department of Transportation from fees 
        collected under sections 60301 and 60302--
                    ``(A) $124,500,000 for fiscal year 2016, of which 
                $9,000,000 shall be expended for carrying out such 
                section 12 and $39,385,000 shall be expended for making 
                grants;
                    ``(B) $128,000,000 for fiscal year 2017 of which 
                $9,000,000 shall be expended for carrying out such 
                section 12 and $41,885,000 shall be expended for making 
                grants;
                    ``(C) $131,000,000 for fiscal year 2018, of which 
                $9,000,000 shall be expended for carrying out such 
                section 12 and $44,885,000 shall be expended for making 
                grants; and
                    ``(D) $134,000,000 for fiscal year 2019, of which 
                $9,000,000 shall be expended for carrying out such 
                section 12 and $47,885,000 shall be expended for making 
                grants.''; and
            (2) in paragraph (2) by striking ``there is authorized to 
        be appropriated for each of fiscal years 2012 through 2015 from 
        the Oil Spill Liability Trust Fund to carry out the provisions 
        of this chapter related to hazardous liquid and section 12 of 
        the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
        note; Public Law 107-355), $18,573,000, of which $2,174,000 is 
        for carrying out such section 12 and $4,558,000 is for making 
        grants.'' and inserting the following: ``there is authorized to 
        be appropriated from the Oil Spill Liability Trust Fund to 
        carry out the provisions of this chapter related to hazardous 
        liquid and section 12 of the Pipeline Safety Improvement Act of 
        2002 (49 U.S.C. 60101 note; Public Law 107-355)--
                    ``(A) $22,123,000 for fiscal year 2016, of which 
                $3,000,000 shall be expended for carrying out such 
                section 12 and $8,067,000 shall be expended for making 
                grants;
                    ``(B) $22,123,000 for fiscal year 2017, of which 
                $3,000,000 shall be expended for carrying out such 
                section 12 and $8,067,000 shall be expended for making 
                grants;
                    ``(C) $23,000,000 for fiscal year 2018, of which 
                $3,000,000 shall be expended for carrying out such 
                section 12 and $8,067,000 shall be expended for making 
                grants; and
                    ``(D) $23,000,000 for fiscal year 2019, of which 
                $3,000,000 shall be expended for carrying out such 
                section 12 and $8,067,000 shall be expended for making 
                grants.''.
    (b) Operational Expenses.--There are authorized to be appropriated 
to the Secretary of Transportation for the necessary operational 
expenses of the Pipeline and Hazardous Materials Safety Administration 
the following amounts:
    (1) $21,000,000 for fiscal year 2016.
    (2) $22,000,000 for fiscal year 2017.
    (3) $22,000,000 for fiscal year 2018.
    (4) $23,000,000 for fiscal year 2019.
    (c) One-Call Notification Programs.--
            (1) In general.--Section 6107 of title 49, United States 
        Code, is amended to read as follows:
``Sec. 6107. Funding
    ``Of the amounts provided under section 60125(a)(1), the Secretary 
shall withhold $1,058,000 for each of fiscal years 2016 through 2019 to 
carry out section 6106.''.
            (2) Clerical amendment.--The analysis for chapter 61 of 
        title 49, United States Code, is amended by striking the item 
        relating to section 6107 and inserting the following:

``6107. Funding.''.
    (d) Pipeline Safety Information Grants to Communities.--The first 
sentence of section 60130(c) of title 49, United States Code, is 
amended to read as follows: ``Of the amounts made available under 
section 2(b) of the PIPES Act of 2016, the Secretary shall withhold 
$1,500,000 for each of fiscal years 2016 through 2019 to carry out this 
section.''
    (e) Pipeline Integrity Program.--Section 12(f) of the Pipeline 
Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is amended by 
striking ``2012 through 2015'' and inserting ``2016 through 2019''.

SEC. 3. FAILURE OF PHMSA TO IMPLEMENT STATUTORY MANDATES.

    (a) Report by the Inspector General.--Not later than 45 days after 
the date of enactment of this Act, the Inspector General of the 
Department of Transportation shall submit to the Secretary of 
Transportation, the Administrator of the Pipeline and Hazardous 
Materials Safety Administration, the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives, and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the following:
            (1) A list of each statutory mandate contained in the 
        Pipeline Safety, Regulatory Certainty, and Job Creation Act of 
        2011 (Public Law 112-90) that has not been implemented.
            (2) A list of each statutory mandate regarding pipeline 
        safety from this Act and all other Acts enacted prior to the 
        date of enactment of this Act, other than those contained in 
        the Pipeline Safety, Regulatory Certainty, and Job Creation Act 
        of 2011 (Public Law 112-90), that has not been implemented.
    (b) Reports by the Secretary.--
            (1) Statutory mandates.--Not later than 90 days after the 
        date of enactment of this Act, and every 90 days thereafter 
        until each of the mandates listed pursuant to subsection (a) 
        has been implemented, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the specific actions 
        taken to implement such mandates.
            (2) Public availability.--The Secretary shall make the 
        report referred to in paragraph (1) publicly available on the 
        Department of Transportation's Internet Web site.
            (3) Contents of reports.--The reports shall provide, for 
        each mandate listed pursuant to subsection (a)--
                    (A) a description of the mandate;
                    (B) the deadline imposed for the mandate;
                    (C) the status of the implementation of the 
                mandate;
                    (D) a detailed explanation of the reasons the 
                mandate has not been implemented, including a 
                description of any actions taken by the Administrator 
                of the Pipeline and Hazardous Materials Safety 
                Administration, the Office of the Secretary, or the 
                Office of Management and Budget that delayed 
                implementation of the mandate;
                    (E) an estimated completion date for the mandate;
                    (F) the specific date on which any draft, interim, 
                or final guidance, advisory, report, advance notice of 
                proposed rulemaking, notice of proposed rulemaking, 
                final rule, or other document required to implement the 
                mandate was sent to the Secretary by the Administrator 
                for review and subsequently transmitted by the 
                Secretary or the Administrator to the Office of 
                Management and Budget;
                    (G) a description of each concern with a document 
                described under subparagraph (F) raised by the 
                Secretary or the Office of Management and Budget; and
                    (H) the date and reasons the Secretary or the 
                Office of Management and Budget requested any extension 
                on acting on the mandate, including an extension 
                authorized by Executive Order 12866.

SEC. 4. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.

    (a) Report.--Not later than 18 months after the publication of a 
final rule regarding the safety of gas transmission pipelines related 
to the notice of proposed rulemaking issued on April 8, 2016, titled 
``Pipeline Safety: Safety of Gas Transmission and Gathering Pipelines'' 
(81 Fed. Reg. 20721), the Comptroller General of the United States 
shall submit to the Committee on Transportation and Infrastructure and 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report regarding the natural gas integrity management programs 
required under section 60109(c) of title 49, United States Code.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) an analysis of the extent to which the natural gas 
        integrity management programs required under section 60109(c) 
        of title 49, United States Code, have improved the safety of 
        natural gas transmission pipeline facilities;
            (2) an analysis and recommendations, taking into 
        consideration technical, operational, and economic feasibility, 
        regarding changes to the programs to improve safety, prevent 
        inadvertent releases from pipelines, and mitigate any adverse 
        consequences of an inadvertent release, including changes to 
        the definition of high consequence area, or expanding integrity 
        management beyond high consequence areas;
            (3) a review of the benefits, including safety benefits, 
        and cost effectiveness of the legacy class location 
        regulations;
            (4) an analysis of, and recommendations regarding, what 
        impact pipeline features and conditions, including the age, 
        condition, materials, and construction of a pipeline, have on 
        safety and risk analysis of a particular pipeline;
            (5) a description of any challenges affecting Federal or 
        State regulators in the oversight of natural gas transmission 
        pipeline facilities and how the challenges are being addressed; 
        and
            (6) a description of any challenges affecting the natural 
        gas industry in complying with the programs, and how the 
        challenges are being addressed, including any challenges faced 
        by publicly owned natural gas distribution systems.
    (c) Definition of High Consequence Area.--In this section, the term 
``high consequence area'' has the meaning given the term in section 
192.903 of title 49, Code of Federal Regulations (as in effect on the 
date of enactment of this Act).

SEC. 5. HAZARDOUS LIQUID INTEGRITY MANAGEMENT REVIEW.

    (a) Safety Study.--Not later than 18 months after the publication 
of a final rule regarding the safety of hazardous liquid pipeline 
facilities related to the notice of proposed rulemaking issued on 
October 13, 2015, titled ``Pipeline Safety: Safety of Hazardous Liquid 
Pipelines'' (80 Fed. Reg. 61610), the Comptroller General of the United 
States shall submit to the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report regarding the hazardous liquid 
integrity management programs, as regulated under sections 195.450 and 
195.452 of title 49, Code of Federal Regulations.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) an analysis of the extent to which hazardous liquid 
        pipeline facility integrity management in high consequence 
        areas, as regulated under sections 195.450 and 195.452 of title 
        49, Code of Federal Regulations, has improved the safety of 
        hazardous liquid pipeline facilities;
            (2) an analysis and recommendations, taking into 
        consideration technical, operational, and economic feasibility, 
        regarding changes to the programs to improve safety, prevent 
        inadvertent releases from pipelines, and mitigate any adverse 
        consequences of an inadvertent release, including changes to 
        the definition of high consequence area;
            (3) an analysis of how surveying, assessment, mitigation, 
        and monitoring activities, including real-time hazardous liquid 
        pipeline monitoring during significant flood events and 
        information sharing with Federal agencies, are being used to 
        address risks associated with the dynamic and unique nature of 
        rivers, flood plains, lakes, and coastal areas;
            (4) an analysis of, and recommendations regarding, what 
        impact pipeline features and conditions, including the age, 
        condition, materials, and construction of a pipeline, have on 
        safety and risk analysis of a particular pipeline and what 
        changes to the definition of high consequence area could be 
        made to improve pipeline safety; and
            (5) a description of any challenges affecting Federal or 
        State regulators in the oversight of hazardous liquid pipeline 
        facilities and how those challenges are being addressed.
    (c) Definition of High Consequence Area.--In this section, the term 
``high consequence area'' has the meaning given the term in section 
195.450 of title 49, Code of Federal Regulations.

SEC. 6. TECHNICAL SAFETY STANDARDS COMMITTEES.

    (a) Appointment of Members.--Section 60115(b)(4)(A) of title 49, 
United States Code, is amended by striking ``State commissioners. The 
Secretary shall consult with the national organization of State 
commissions before selecting those 2 individuals.'' and inserting 
``State officials. The Secretary shall consult with national 
organizations representing State commissioners or Governors before 
making a selection under this subparagraph.''.
    (b) Vacancies.--Section 60115(b) of title 49, United States Code, 
is amended by adding at the end the following:
    ``(5) Within 90 days of the date of enactment of the PIPES Act of 
2016, the Secretary shall fill all vacancies on the Technical Pipeline 
Safety Standards Committee, the Technical Hazardous Liquid Pipeline 
Safety Standards Committee, and any other committee established 
pursuant to this section. After that period, the Secretary shall fill a 
vacancy on any such committee not later than 60 days after the vacancy 
occurs.''.

SEC. 7. INSPECTION REPORT INFORMATION.

    (a) In General.--Not later than 90 days after the completion of a 
Pipeline and Hazardous Materials Safety Administration pipeline safety 
inspection, the Administrator of such Administration, or the State 
authority certified under section 60105 of title 49, United States 
Code, to conduct such inspection, shall--
            (1) conduct a post-inspection briefing with the owner or 
        operator of the gas or hazardous liquid pipeline facility 
        inspected outlining any concerns; and
            (2) to the extent practicable, provide the owner or 
        operator with written preliminary findings of the inspection.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter for 2 years, the Administrator shall 
submit to the Committee on Transportation and Infrastructure and the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that includes--
            (1) a description of the actions that the Pipeline and 
        Hazardous Materials Safety Administration has taken to ensure 
        that inspections by State authorities provide effective and 
        timely oversight; and
            (2) statistics relating to the timeliness of the actions 
        described in paragraphs (1) and (2) of subsection (a).

SEC. 8. IMPROVING DAMAGE PREVENTION TECHNOLOGY.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on improving existing damage prevention programs 
through technological improvements in location, mapping, excavation, 
and communications practices to prevent excavation damage to a pipe or 
its coating.
    (b) Contents.--The study under subsection (a) shall include--
            (1) an identification of any methods to improve existing 
        damage prevention programs through location and mapping 
        practices or technologies in an effort to reduce releases 
        caused by excavation;
            (2) an analysis of how increased use of global positioning 
        system digital mapping technologies, predictive analytic tools, 
        public awareness initiatives including one-call initiatives, 
        the use of mobile devices, and other advanced technologies 
        could supplement existing one-call notification and damage 
        prevention programs to reduce the frequency and severity of 
        incidents caused by excavation damage;
            (3) an identification of any methods to improve excavation 
        practices or technologies in an effort to reduce pipeline 
        damage;
            (4) an analysis of the feasibility of a national data 
        repository for pipeline excavation accident data that creates 
        standardized data models for storing and sharing pipeline 
        accident information;
            (5) an identification of opportunities for stakeholder 
        engagement in preventing excavation damage; and
            (6) recommendations, taking into consideration technical, 
        operational, and economic feasibility, on how to incorporate 
        technological improvements and practices that help prevent 
        excavation damage into existing damage prevention programs.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure and the Committee on Energy and 
Commerce of the House of Representatives a report containing the 
results of the study conducted under subsection (a).

SEC. 9. WORKFORCE MANAGEMENT.

    Not later than 1 year after the date of the enactment of this Act, 
the Inspector General of the Department of Transportation shall submit 
to the Committee on Transportation and Infrastructure and the Committee 
on Energy and Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate, a 
review of Pipeline and Hazardous Materials Safety Administration staff 
resource management, including geographic allocation plans, hiring 
challenges, and expected retirement rates and strategies. The review 
shall include recommendations to address hiring challenges, training 
needs, and any other identified staff resource challenges.

SEC. 10. INFORMATION-SHARING SYSTEM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Transportation shall convene a 
working group to consider the development of a voluntary information-
sharing system to encourage collaborative efforts to improve inspection 
information feedback and information sharing with the purpose of 
improving natural gas transmission and hazardous liquid pipeline 
facility integrity risk analysis.
    (b) Membership.--The working group convened pursuant to subsection 
(a) shall include representatives from--
            (1) the Pipeline and Hazardous Materials Safety 
        Administration;
            (2) industry stakeholders, including operators of pipeline 
        facilities, inspection technology vendors, and pipeline 
        inspection organizations;
            (3) safety advocacy groups;
            (4) research institutions;
            (5) State public utility commissions or State officials 
        responsible for pipeline safety oversight;
            (6) State pipeline safety inspectors; and
            (7) labor representatives.
    (c) Considerations.--The working group convened pursuant to 
subsection (a) shall consider and provide recommendations to the 
Secretary on--
            (1) the need for, and the identification of, a system to 
        ensure that dig verification data are shared with in-line 
        inspection operators to the extent consistent with the need to 
        maintain proprietary and security sensitive data in a 
        confidential manner to improve pipeline safety and inspection 
        technology;
            (2) ways to encourage the exchange of pipeline inspection 
        information and the development of advanced pipeline inspection 
        technologies and enhanced risk analysis;
            (3) opportunities to share data, including dig verification 
        data between operators of pipeline facilities and in-line 
        inspector vendors to expand knowledge of the advantages and 
        disadvantages of the different types of in-line inspection 
        technology and methodologies;
            (4) options to create a secure system that protects 
        proprietary data while encouraging the exchange of pipeline 
        inspection information and the development of advanced pipeline 
        inspection technologies and enhanced risk analysis; and
            (5) regulatory, funding, and legal barriers to sharing the 
        information described in paragraphs (1) through (4).
    (d) Publication.--The Secretary shall publish the recommendations 
provided under subsection (c) on a publicly available Web site of the 
Department of Transportation.

SEC. 11. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY DATABASE.

    (a) Establishment.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a national integrated pipeline safety regulatory inspection database to 
improve communication and collaboration between the Pipeline and 
Hazardous Materials Safety Administration and State pipeline 
regulators.
    (b) Considerations.--In developing the database, the Secretary 
shall consider--
            (1) any efforts underway to test a secure information-
        sharing system for the purpose described in subsection (a);
            (2) any progress in establishing common standards for 
        maintaining, collecting, and presenting pipeline safety 
        regulatory inspection data, and a methodology for the sharing 
        of the data;
            (3) any existing inadequacies or gaps in State and Federal 
        inspection, enforcement, geospatial, or other pipeline safety 
        regulatory inspection data;
            (4) the potential safety benefits of a national integrated 
        pipeline database; and
            (5) recommendations of stakeholders for how to implement a 
        secure information-sharing system that protects proprietary and 
        security sensitive information and data for the purpose 
        described in subsection (a).
    (c) Consultation.--In implementing this section, the Secretary 
shall consult with stakeholders, including State authorities operating 
under a certification to regulate intrastate pipelines under section 
60105 of title 49, United States Code.

SEC. 12. UNDERGROUND NATURAL GAS STORAGE FACILITIES.

    (a) Defined Term.--Section 60101(a) of title 49, United States 
Code, is amended--
            (1) in paragraph (21)(B) by striking the period at the end 
        and inserting a semicolon;
            (2) in paragraph (22)(B)(iii) by striking the period at the 
        end and inserting a semicolon;
            (3) in paragraph (24) by striking ``and'' at the end;
            (4) in paragraph (25) by striking the period at the end and 
        inserting ``; and''; and
            (5) by adding at the end the following:
            ``(26) `underground natural gas storage facility' means a 
        gas pipeline facility that stores gas in an underground 
        facility, including--
                    ``(A) a depleted hydrocarbon reservoir;
                    ``(B) an aquifer reservoir; or
                    ``(C) a solution-mined salt cavern reservoir.''.
    (b) Standards for Underground Natural Gas Storage Facilities.--
Chapter 601 of title 49, United States Code, is amended by adding at 
the end the following:
``Sec. 60141. Standards for underground natural gas storage facilities
    ``(a) Minimum Safety Standards.--Not later than 2 years after the 
date of enactment of the PIPES Act of 2016, the Secretary, in 
consultation with the heads of other relevant Federal agencies, shall 
issue minimum safety standards for underground natural gas storage 
facilities.
    ``(b) Considerations.--In developing the safety standards required 
under subsection (a), the Secretary shall, to the extent practicable--
            ``(1) consider consensus standards for the operation, 
        environmental protection, and integrity management of 
        underground natural gas storage facilities;
            ``(2) consider the economic impacts of the regulations on 
        individual gas customers; and
            ``(3) ensure that the regulations do not have a significant 
        economic impact on end users.
    ``(c) Rules of Construction.--
            ``(1) In general.--Nothing in this section may be construed 
        to affect any Federal regulation relating to gas pipeline 
        facilities that is in effect on the day before the date of 
        enactment of the PIPES Act of 2016.
            ``(2) Limitations.--Nothing in this section may be 
        construed to authorize the Secretary--
                    ``(A) to prescribe the location of an underground 
                natural gas storage facility; or
                    ``(B) to require the Secretary's permission to 
                construct a facility referred to in subparagraph (A).
    ``(d) Preemption.--A State authority may adopt additional or more 
stringent safety standards for intrastate underground natural gas 
storage facilities if such standards are compatible with the minimum 
standards prescribed under this section.''.
    (c) User Fees.--Chapter 603 of title 49, United States Code, is 
amended by inserting after section 60301 the following:
``Sec. 60302. User fees for underground natural gas storage facilities
    ``(a) In General.--A fee shall be imposed on an entity operating an 
underground natural gas storage facility pursuant to section 60141. Any 
such fee imposed shall be collected before the end of the fiscal year 
to which it applies.
    ``(b) Means of Collection.--The Secretary of Transportation shall 
prescribe procedures to collect fees under this section. The Secretary 
may use a department, agency, or instrumentality of the United States 
Government or of a State or local government to collect the fee and may 
reimburse the department, agency, or instrumentality a reasonable 
amount for its services.
    ``(c) Use of Fees.--
            ``(1) Account.--There is established an Underground Natural 
        Gas Storage Facility Safety Account in the Pipeline Safety Fund 
        established in the Treasury of the United States under section 
        60301.
            ``(2) Use of fees.--A fee collected under this section--
                    ``(A) shall be deposited in the Underground Natural 
                Gas Storage Facility Safety Account; and
                    ``(B) if the fee is related to an underground 
                natural gas storage facility pursuant to section 60141, 
                the amount of the fee may be used only for an activity 
                related to underground natural gas storage safety.
            ``(3) Limitation.--Amounts collected under this section 
        shall be made available only to the extent provided in advance 
        in an appropriations Act for an activity related to underground 
        natural gas storage safety.''.
    (d) Clerical Amendments.--
            (1) Chapter 601.--The table of sections for chapter 601 of 
        title 49, United States Code, is amended by adding at the end 
        the following:

``60141. Standards for underground natural gas storage facilities.''.
            (2) Chapter 603.--The table of sections for chapter 603 of 
        title 49, United States Code, is amended by inserting after the 
        item relating to section 60301 the following:

``60302. User fees for underground natural gas storage facilities.''.

SEC. 13. JOINT INSPECTION AND OVERSIGHT.

    Section 60105 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(g) Joint Inspectors.--At the request of a State authority, the 
Secretary shall allow for a certified State authority under this 
section to participate in the inspection of an interstate pipeline 
facility.''.

SEC. 14. SAFETY DATA SHEETS.

    (a) In General.--Each owner or operator of a hazardous liquid 
pipeline facility, following an accident or incident involving such 
pipeline facility, shall provide safety data sheets on any spilled oil 
to the designated Federal On-Scene Coordinator and appropriate State 
officials within 6 hours of a telephonic or electronic notice of the 
accident or incident to the National Response Center.
    (b) Definitions.--In this section:
            (1) Federal on-scene coordinator.--The term ``Federal On-
        Scene Coordinator'' has the meaning given such term in section 
        311(a) of the Federal Water Pollution Control Act (33 U.S.C. 
        1321(a)).
            (2) National response center.--The term ``National Response 
        Center'' means the center described under section 300.125(a) of 
        title 40, Code of Federal Regulations.
            (3) Safety data sheet.--The term ``safety data sheet'' 
        means a safety data sheet required under section 1910.1200 of 
        title 29, Code of Federal Regulations.

SEC. 15. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation shall issue an advanced notice of proposed 
rulemaking to take public comment on the petition for rulemaking dated 
October 28, 2015, titled ``Corrections to Title 49 C.F.R. Sec. 172.336 
Identification numbers; special provisions'' (P-1667).

SEC. 16. EMERGENCY ORDER AUTHORITY.

    Section 60117 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(o) Emergency Order Authority.--
            ``(1) In general.--If the Secretary determines that an 
        unsafe condition or practice, or a combination of unsafe 
        conditions and practices, constitutes or is causing an imminent 
        hazard, the Secretary may issue an emergency order described in 
        paragraph (3) imposing emergency restrictions, prohibitions, 
        and safety measures on owners and operators of gas or hazardous 
        liquid pipeline facilities without prior notice or an 
        opportunity for a hearing, but only to the extent necessary to 
        abate the imminent hazard.
            ``(2) Considerations.--Before issuing an emergency order 
        under paragraph (1), the Secretary shall consider, after 
        consultation with appropriate Federal agencies, State agencies, 
        or other entities, the following, as appropriate:
                    ``(A) The impact of the emergency order on public 
                health and safety.
                    ``(B) The impact, if any, of the emergency order on 
                the national or regional economy or national security.
                    ``(C) The impact of the emergency order on owners 
                and operators of pipeline facilities.
            ``(3) Written order.--An emergency order issued by the 
        Secretary pursuant to paragraph (1) with respect to an imminent 
        hazard shall contain a written description of--
                    ``(A) the violation, condition, or practice that 
                constitutes or is causing the imminent hazard;
                    ``(B) the entities subject to the order;
                    ``(C) the restrictions, prohibitions, or safety 
                measures imposed;
                    ``(D) the standards and procedures for obtaining 
                relief from the order;
                    ``(E) how the order is tailored to abate the 
                imminent hazard and the reasons the authorities under 
                section 60112 and 60117(l) are insufficient to do so; 
                and
                    ``(F) how the considerations were taken into 
                account pursuant to subsection (2).
            ``(4) Opportunity for review.--Upon receipt of a petition 
        for review from an entity subject to, and adversely affected 
        by, an emergency order issued under this subsection, the 
        Secretary shall provide an opportunity for a review of the 
        order under section 554 of title 5 to determine whether the 
        order should remain in effect, be modified, or be terminated.
            ``(5) Expiration of effectiveness order.--If a petition for 
        review of an emergency order is filed under paragraph (4) and 
        an agency decision with respect to the petition is not issued 
        on or before the last day of the 30-day period beginning on the 
        date on which the petition is filed, the order shall cease to 
        be effective on such day, unless the Secretary determines in 
        writing on or before the last day of such period that the 
        imminent hazard still exists.
            ``(6) Judicial review of orders.--After a final agency 
        action under the review process described in paragraph (4), or 
        the issuance of a written determination by the Secretary 
        pursuant to paragraph (5), an entity subject to, and adversely 
        affected by, an emergency order issued under this subsection 
        may seek judicial review of the order in a district court of 
        the United States and shall be given expedited consideration.
            ``(7) Regulations.--
                    ``(A) Temporary regulations.--Not later than 60 
                days after the date of enactment of the PIPES Act of 
                2016, the Secretary shall issue such temporary 
                regulations as are necessary to carry out this 
                subsection. The temporary regulations shall expire on 
                the date of issuance of the final regulations required 
                under subparagraph (B).
                    ``(B) Final regulations.--Not later than 270 days 
                after such date of enactment, the Secretary shall issue 
                such regulations as are necessary to carry out this 
                subsection. Such regulations shall ensure that the 
                review process described in paragraph (4) contains the 
                same procedures as subsections (d) and (g) of section 
                109.19 of title 49, Code of Federal Regulations, and is 
                otherwise consistent with the review process developed 
                under such section, to the greatest extent practicable 
                and not inconsistent with this section.
            ``(8) Imminent hazard defined.--In this subsection, the 
        term `imminent hazard' means the existence of a condition 
        relating to a gas or hazardous liquid pipeline facility that 
        presents a substantial likelihood that death, serious illness, 
        severe personal injury, or a substantial endangerment to 
        health, property, or the environment may occur before the 
        reasonably foreseeable completion date of a formal proceeding 
        begun to lessen the risk of such death, illness, injury, or 
        endangerment.
            ``(9) Limitation and savings clause.--An emergency order 
        issued under this subsection may not be construed to--
                    ``(A) alter, amend, or limit the Secretary's 
                obligations under, or the applicability of, section 553 
                of title 5; or
                    ``(B) provide the authority to amend the Code of 
                Federal Regulations.''.

SEC. 17. STATE GRANT FUNDS.

    (a) Payments.--Section 60107(b) of title 49, United States Code, is 
amended to read as follows:
    ``(b) Payments.--After notifying and consulting with a State 
authority, the Secretary may withhold any part of a payment when the 
Secretary decides that the authority is not carrying out satisfactorily 
a safety program or not acting satisfactorily as an agent. The 
Secretary may pay an authority under this section only when the 
authority ensures the Secretary that it will provide the remaining 
costs of a safety program, unless the Secretary waives the requirement 
to provide such remaining costs.''.
    (b) Repurposing of Funds.--Section 60107 is amended by adding at 
the end the following:
    ``(e) Repurposing of Funds.--If a State program's certification is 
rejected under section 60105(f) or such program is otherwise suspended 
or interrupted, the Secretary may use any undistributed, deobligated, 
or recovered funds authorized under this section to carry out pipeline 
safety activities for that State within the period of availability for 
such funds.''.

SEC. 18. RESPONSE PLANS.

    Each owner or operator of a hazardous liquid pipeline facility 
required to prepare a response plan pursuant to part 194 of title 49, 
Code of Federal Regulations, shall consider the impact of a discharge 
into or on navigable waters or adjoining shorelines, including those 
that may be covered in whole or in part by ice.

SEC. 19. HIGH CONSEQUENCE AREAS.

    The Secretary of Transportation shall revise section 195.6(b) of 
title 49, Code of Federal Regulations, to explicitly state that the 
Great Lakes and any marine coastal waters (including coastal estuaries) 
are USA ecological resources for purposes of determining whether a 
pipeline is in a high consequence area (as defined in section 195.450 
of such title).

SEC. 20. PIPELINE SAFETY TECHNICAL ASSISTANCE GRANTS.

    (a) Public Participation Limitation.--Section 60130(a)(4) of title 
49, United States Code, is amended by inserting ``on technical pipeline 
safety issues'' after ``public participation''.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Inspector General of the Department of Transportation 
shall submit to the Secretary of Transportation and the Committee on 
Transportation and Infrastructure and the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report evaluating the grant 
program under section 60130 of title 49, United States Code. The report 
shall include--
            (1) a list of the recipients of all grant funds during 
        fiscal years 2010 through 2015;
            (2) a description of how each grant was used;
            (3) an analysis of the compliance with the terms of grant 
        agreements, including subsections (a) and (b) of such section;
            (4) an evaluation of the competitive process used to award 
        the grant funds; and
            (5) an evaluation of--
                    (A) the ability of the Pipeline and Hazardous 
                Materials Safety Administration to oversee grant funds 
                and usage; and
                    (B) the procedures used for such oversight.

SEC. 21. STUDY OF MATERIALS AND CORROSION PREVENTION IN PIPELINE 
              TRANSPORTATION.

    (a) In General.--Not later than 2 years after the date of enactment 
of the PIPES Act of 2016, the Comptroller General of the United States 
shall submit to the Committee on Transportation and Infrastructure and 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a study on materials, training, and corrosion prevention 
technologies used in pipeline transportation.
    (b) Requirements.--The study required under subsection (a) shall 
include--
            (1) the range of piping materials, including plastic 
        materials, used to transport hazardous liquids and natural gas 
        in the United States and in other developed countries around 
        the world;
            (2) the types of technologies used for corrosion 
        prevention;
            (3) an evaluation of the adequacy of training provided to 
        personnel responsible for identifying and preventing corrosion 
        in pipelines, and for repairing such pipelines; and
            (4) an analysis of the costs and benefits, including safety 
        benefits, associated with the use of such materials and 
        technologies.

SEC. 22. RESEARCH AND DEVELOPMENT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Transportation and Infrastructure and the Committee 
on Energy and Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report regarding the Pipeline and Hazardous Materials Safety 
Administration's research and development program established under 
section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 
60101 note). The report shall include an evaluation of--
            (1) compliance with the consultation requirement under 
        subsection (d)(2) of such section;
            (2) the extent to which the Pipeline and Hazardous 
        Materials Administration enters into joint research ventures 
        with Federal and non-Federal entities, and benefits thereof;
            (3) the policies and procedures the Pipeline and Hazardous 
        Materials Safety Administration has put in place to ensure 
        there are no conflicts of interest with administering grants to 
        grantees under the program, and whether those policies and 
        procedures are being followed; and
            (4) an evaluation of the outcomes of research conducted 
        with Federal and non-Federal entities and the degree to which 
        such outcomes have been adopted or utilized.
    (b) Collaborative Safety Research Report.--
            (1) Biennial reports.--Section 60124(a)(6) of title 49, 
        United States Code, is amended--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) a summary of each research project carried 
                out with Federal and non-Federal entities pursuant to 
                section 12 of the Pipeline Safety Improvement Act of 
                2002 and a review of how intended improvements impact 
                safety.''.
            (2) Pipeline safety improvement act.--Section 12 of the 
        Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) 
        is amended--
                    (A) in subsection (d)(3)(C)--
                            (i) by striking ``program-wide'' and 
                        inserting ``technology'';
                            (ii) by striking ``are'' and inserting 
                        ``may be'';
                            (iii) by striking ``The Secretary'' and 
                        inserting ``(i) The Secretary''; and
                            (iv) by adding at the end the following:
                    ``(ii) at least 20 percent of the costs of basic 
                research and development with universities may be 
                carried out using non-Federal sources; and
                    ``(iii) up to 100 percent of the costs of research 
                and development for purely governmental purposes may be 
                carried out using Federal funds.''; and
                    (B) by adding at the end the following:
    ``(h) Independent Experts.--Not later than 180 days after the date 
of enactment of the PIPES Act of 2016, the Secretary shall--
            ``(1) implement processes and procedures to ensure that 
        projects listed under subsection (c), to the greatest extent 
        practicable, produce results that are factual and peer-reviewed 
        by independent experts and not with persons or entities that 
        have a financial interest in the pipeline, petroleum, or 
        natural gas industries, or that would be directly impacted by 
        the results of the projects; and
            ``(2) submit to the Committee on Transportation and 
        Infrastructure and the Committee on Energy and Commerce of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on the 
        implementation of the processes and procedures required under 
        paragraph (1).
    ``(i) Conflict of Interest.--The Secretary shall take all practical 
steps to ensure that each recipient of an agreement under this section 
discloses in writing to the Secretary any conflict of interest on a 
research and development project carried out under this section, and 
includes any such disclosure as part of the final deliverable pursuant 
to such agreement. The Secretary may not make an award under this 
section directly to a pipeline owner or operator that is regulated by 
the Pipeline and Hazardous Materials Safety Administration or a State-
certified regulatory authority.''.

SEC. 23. ACTIVE AND ABANDONED PIPELINES.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation shall issue formal guidance to owners and 
operators of gas or hazardous liquid pipeline facilities and applicable 
State regulatory authorities regarding the actions, including those 
required by Federal regulation, required to change the status of a 
pipeline facility from active to abandoned, including specific guidance 
on the definition of each pipeline status referred to in such formal 
guidance.

SEC. 24. STATE PIPELINE SAFETY AGREEMENTS.

    (a) Study.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General of the United States shall complete a 
study on State pipeline safety agreements made pursuant to section 
60106 of title 49, United States Code. Such study shall consider the 
following:
            (1) The integration of Federal and State or local 
        authorities in carrying out activities pursuant to an agreement 
        under such section.
            (2) The overall cost of Federal and State authorities 
        carrying out inspection activities pursuant to agreements under 
        such section.
            (3) The overall cost of the Pipeline and Hazardous 
        Materials Safety Administration carrying out interstate 
        inspections without the existence of interstate agreements with 
        the States pursuant to such section.
    (b) Notice Requirement for Denial.--Section 60106(b) of title 49, 
United States Code, is amended by adding at the end the following:
            ``(4) Notice upon denial.--If a State authority requests an 
        interstate agreement under this section and the Secretary 
        denies such request, the Secretary shall provide written 
        notification to the State authority of the denial that includes 
        an explanation of the reasons for such denial.''.
                                                 Union Calendar No. 631

114th CONGRESS

  2d Session

                               H. R. 4937

                      [Report No. 114-807, Part I]

_______________________________________________________________________

                                 A BILL

 To amend title 49, United States Code, to reauthorize pipeline safety 
     programs and enhance pipeline safety, and for other purposes.

_______________________________________________________________________

                           November 14, 2016

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                           November 14, 2016

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
```