I 

116TH CONGRESS 

1ST SESSION H. R. 2139 

To amend title 49, United States Code, to improve pipeline safety, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2019 

Mrs. TRAHAN (for herself, Mr. MOULTON, and Mr. KENNEDY) 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 

A BILL 

To amend title 49, United States Code, to improve pipeline 

safety, 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 ‘‘Leonel Rondon Pipe5 line Safety Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 2139 IH

1 SEC. 2. DISTRIBUTION INTEGRITY MANAGEMENT PLANS. 

2 (a) IN GENERAL.—Section 60109(e) of title 49, 

3 United States Code, is amended by adding at the end the 

4 following: 

5 ‘‘(7) IN GENERAL.— 

6 ‘‘(A) EVALUATION OF RISK.—Not later 

7 than 1 year after the date of enactment of this 

8 paragraph, the Secretary shall promulgate regu9 lations that ensure that each distribution integ10 rity management plan developed by an operator 

11 of a distribution pipeline includes an evaluation 

12 of— 

13 ‘‘(i) the risks resulting from the pres14 ence of cast iron pipes and mains in the 

15 distribution system; and 

16 ‘‘(ii) the risks that could lead to or re17 sult from the operation of a distribution 

18 pipeline above the maximum allowable op19 erating pressure (as described in section 

20 192.619 of title 49, Code of Federal Regu21 lations (or successor regulations)). 

22 ‘‘(B) CONSIDERATION.—In the evaluations 

23 required in a plan under subparagraph (A), the 

24 regulations promulgated by the Secretary shall 

25 ensure that the distribution integrity manage26 ment plan evaluates future potential threats in 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 2139 IH

1 a manner that considers factors other than past 

2 observed abnormal operating conditions (as de3 fined in section 192.803 of title 49, Code of 

4 Federal Regulations (or successor regulations)) 

5 in ranking risks and identifying measures to 

6 mitigate those risks under that subparagraph, 

7 so that operators avoid using a risk rating of 

8 zero for low probability events unless otherwise 

9 supported by engineering analysis. 

10 ‘‘(C) DEADLINES.— 

11 ‘‘(i) IN GENERAL.—Not later than 

12 180 days after the date of enactment of 

13 this paragraph, each operator of a dis14 tribution pipeline shall submit to the Sec15 retary or to the relevant certified State au16 thority, if applicable, a copy of— 

17 ‘‘(I) the distribution integrity 

18 management plan of the operator; 

19 ‘‘(II) the emergency response 

20 plan under section 192.615 of title 49, 

21 Code of Federal Regulations (or suc22 cessor regulations); and 

23 ‘‘(III) the procedural manual for 

24 operations, maintenance, and emer25 gencies under section 192.605 of title 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•HR 2139 IH

1 49, Code of Federal Regulations (or 

2 successor regulations). 

3 ‘‘(ii) UPDATES.—Each operator of a 

4 distribution pipeline shall submit to the 

5 Secretary an updated plan or manual de6 scribed in clause (i) by not later than 60 

7 days after the date of the update.’’. 

8 (b) MONITORING.—Section 60105(e) of title 49, 

9 United States Code, is amended— 

10 (1) in the second sentence, by striking ‘‘A 

11 State’’ and inserting the following: 

12 ‘‘(2) COOPERATION.—A State’’; 

13 (2) by striking ‘‘The Secretary’’ and inserting 

14 the following: 

15 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

17 ‘‘(3) AUDIT PROGRAM.—Not later than 1 year 

18 after the date of enactment of this paragraph, the 

19 Secretary shall promulgate regulations to update the 

20 annual State Program Evaluations to— 

21 ‘‘(A) ensure that a State authority has the 

22 capability to sufficiently review and evaluate the 

23 adequacy of the plans and manuals described in 

24 section 60109(e)(7)(C)(i); and 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•HR 2139 IH

1 ‘‘(B) require that a State authority has a 

2 sufficient number of inspectors to ensure safe 

3 operations, as determined by a formula that 

4 takes into account factors including but not 

5 limited to— 

6 ‘‘(i) the number of miles of cast iron 

7 pipe in the State; 

8 ‘‘(ii) the number of customers in the 

9 State; 

10 ‘‘(iii) population density in areas with 

11 gas distribution pipeline; 

12 ‘‘(iv) the age of the gas distribution 

13 system in the State; and 

14 ‘‘(v) environmental factors, including 

15 relevant geological issues.’’. 

16 SEC. 3. EMERGENCY RESPONSE PLANS. 

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

18 amended by adding at the end the following: 

19 ‘‘(q) EMERGENCY RESPONSE PLANS.—Not later 

20 than 1 year after the date of the enactment of this sub21 section, the Secretary shall promulgate regulations to en22 sure that each emergency response plan under section 

23 192.615 of title 49, Code of Federal Regulations (or suc24 cessor regulations), developed by an operator of a distribu25 tion pipeline includes written procedures for— 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•HR 2139 IH

1 ‘‘(1) establishing communication with fire, po2 lice, and other relevant public officials as soon as 

3 practicable, but not later than 30 minutes, after a 

4 gas pipeline emergency that— 

5 ‘‘(A) includes fires, explosions, or one or 

6 more fatalities; or 

7 ‘‘(B) results in the shutdown of gas service 

8 to more than 100 customers; 

9 ‘‘(2) establishing public communication as soon 

10 as practicable and in consultation with fire, police, 

11 and other public officials after a gas pipeline emer12 gency that— 

13 ‘‘(A) includes fires, explosions, or one or 

14 more fatalities; or 

15 ‘‘(B) results in the shutdown of gas service 

16 to more than 100 customers; and 

17 ‘‘(3) the development and implementation of a 

18 voluntary, opt-in system that would allow operators 

19 of distribution pipelines to rapidly communicate with 

20 customers in the event of an emergency.’’. 

21 SEC. 4. OPERATIONS AND MAINTENANCE MANUALS. 

22 Section 60102 of title 49, United States Code (as 

23 amended by section 3), is amended by adding at the end 

24 the following: 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•HR 2139 IH

1 ‘‘(r) OPERATIONS AND MAINTENANCE MANUALS.— 

2 Not later than 1 year after the date of enactment of this 

3 subsection, the Secretary shall promulgate regulations to 

4 ensure that each procedural manual for operations, main5 tenance, and emergencies under section 192.605 of title 

6 49, Code of Federal Regulations (or successor regula7 tions), developed by an operator of a distribution pipeline 

8 includes written procedures for— 

9 ‘‘(1) responding to overpressurization alarms, 

10 including a clear timeline and order of operations for 

11 shutting down portions of the gas distribution sys12 tem, if necessary; and 

13 ‘‘(2) a detailed procedure for a management of 

14 change process, which shall be applied to all changes 

15 to the distribution system, and which shall ensure 

16 that relevant employees of an operator of a distribu17 tion pipeline, as determined through the regulations, 

18 review construction documents for accuracy, com19 pleteness, and correctness.’’. 

20 SEC. 5. PIPELINE SAFETY MANAGEMENT SYSTEMS. 

21 Section 60102 of title 49, United States Code (as 

22 amended by section 4), is amended by adding at the end 

23 the following: 

24 ‘‘(s) PIPELINE SAFETY MANAGEMENT SYSTEMS.— 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•HR 2139 IH

1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this subsection, the Sec3 retary shall promulgate regulations directing each 

4 operator of a distribution pipeline to develop and im5 plement a pipeline safety management systems 

6 framework in accordance with Recommended Prac7 tice 1173 of the American Petroleum Institute (API 

8 RP 1173). 

9 ‘‘(2) UPDATES.—The Secretary may periodi10 cally revise such regulations to adopt new best in11 dustry practices for promoting safety management 

12 systems, as appropriate. 

13 ‘‘(3) SUBMISSION.—Each operator of a dis14 tribution pipeline shall submit to the Secretary or 

15 the relevant State authority, as certified under sec16 tion 60105 of title 49, United States Code— 

17 ‘‘(A) a copy of the pipeline safety manage18 ment systems framework developed under para19 graph (1) by not later than 2 years after the 

20 date of enactment of this subsection; and 

21 ‘‘(B) any updates to the framework de22 scribed in subparagraph (A) by not later than 

23 3 years after the date of enactment of this sub24 section after the update. 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•HR 2139 IH

1 ‘‘(4) EVALUATION AND CERTIFICATION.— 

2 Under a timeline established by the Secretary 

3 through regulation, the Secretary or the relevant 

4 State authority, as certified under section 60105 of 

5 title 49, United States Code, shall— 

6 ‘‘(A) evaluate pipeline safety management 

7 systems frameworks developed under paragraph 

8 (1), including by using independent third-party 

9 evaluators if necessary; and 

10 ‘‘(B) certify that— 

11 ‘‘(i) those frameworks are effective 

12 and complete; and 

13 ‘‘(ii) operators of distribution pipe14 lines are in compliance with those frame15 works.’’. 

16 SEC. 6. PIPELINE SAFETY PRACTICES. 

17 Section 60102 of title 49, United States Code (as 

18 amended by section 5), is amended by adding at the end 

19 the following: 

20 ‘‘(t) OTHER PIPELINE SAFETY PRACTICES.— 

21 ‘‘(1) RECORDS.—Not later than 180 days after 

22 the date of enactment of this subsection, the Sec23 retary shall promulgate regulations to require an op24 erator of a distribution pipeline— 


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•HR 2139 IH

1 ‘‘(A) to develop and maintain traceable, re2 liable, complete, and up-to-date records of the 

3 gas distribution system in each region of oper4 ation that depict high-, medium-, and low-gas 

5 pressure systems, including maps and other 

6 drawings; and 

7 ‘‘(B) to ensure that the records described 

8 in subparagraph (A) are accessible to all em9 ployees of the operator and provided to the Sec10 retary or the relevant State authority. 

11 ‘‘(2) APPROVAL OF CERTAIN ACTIVITIES.— 

12 ‘‘(A) IN GENERAL.—Not later than 1 year 

13 after the date of enactment of this subsection, 

14 the Secretary shall promulgate regulations to 

15 require that, before carrying out any covered 

16 task (as defined in section 192.801(b) of title 

17 49, Code of Federal Regulations (or successor 

18 regulations)), the covered task is approved by a 

19 professional engineer licensed to practice in the 

20 State in which it is to be carried out. 

21 ‘‘(B) INCLUSION.—In promulgating regula22 tions under subparagraph (A), the Secretary 

23 shall ensure that professional engineers are pro24 vided access to all relevant records and prior 


pamtmann on DSKBFK8HB2PROD with BILLS
11 

•HR 2139 IH

1 work plans needed to certify the safety of the 

2 covered task. 

3 ‘‘(C) APPLICATION.—The following provi4 sions shall not apply to a standard promulgated 

5 under subparagraph (A): 

6 ‘‘(i) Subsections (c) and (d) of section 

7 60118. 

8 ‘‘(ii) Section 60131(e)(5). 

9 ‘‘(3) PRESENCE OF QUALIFIED EMPLOYEES.— 

10 ‘‘(A) IN GENERAL.—Not later than 180 

11 days after the date of enactment of this sub12 section, the Secretary shall promulgate regula13 tions to require that not less than 1 employee 

14 of an operator of a distribution pipeline who is 

15 qualified to perform relevant covered tasks (as 

16 defined in section 192.801(b) of title 49, Code 

17 of Federal Regulations (or successor regula18 tions)), shall monitor gas pressure and have the 

19 capability to shut down the flow of gas at a dis20 trict regulator station during any construction 

21 project that has the potential to cause a haz22 ardous over-pressurization at that station, in23 cluding tie-ins and abandonment of distribution 

24 lines and mains, based on an evaluation of 


pamtmann on DSKBFK8HB2PROD with BILLS
12 

•HR 2139 IH

1 threats that could result in unsafe operation 

2 conducted by the operator. 

3 ‘‘(B) EXCLUSION.—In promulgating regu4 lations under subparagraph (A), the Secretary 

5 shall ensure that those regulations do not apply 

6 to a district regulating station that has a moni7 toring system and the capability for remote or 

8 automatic shutoff. 

9 ‘‘(4) DISTRICT REGULATOR STATIONS.— 

10 ‘‘(A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of this subsection, 

12 the Secretary shall promulgate regulations to 

13 require that each operator of a distribution 

14 pipeline assesses and upgrades, as appropriate, 

15 each district regulator station of the operator to 

16 ensure that— 

17 ‘‘(i) there is no possibility for a com18 mon mode of failure in the regulator tech19 nology of the station that could lead to an 

20 operating pressure that is greater than the 

21 maximum allowable operating pressure (as 

22 described in section 192.619 of title 49, 

23 Code of Federal Regulations (or successor 

24 regulations)); 


pamtmann on DSKBFK8HB2PROD with BILLS
13 

•HR 2139 IH

1 ‘‘(ii) the station has monitoring tech2 nology that provides constant awareness of 

3 gas pressure at the station; and 

4 ‘‘(iii) the station has additional pres5 sure-relieving safety technology, such as a 

6 relief valve or automatic shutoff valve, as 

7 appropriate for the configuration and 

8 siting of the station. 

9 ‘‘(5) MINIMUM STAFFING REQUIREMENTS.— 

10 ‘‘(A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of this subsection, 

12 the Secretary shall promulgate regulations to 

13 promote sufficient staffing for monitoring and 

14 regulating gas pressure levels by each operator 

15 of a distribution pipeline. 

16 ‘‘(B) INCLUSIONS.—Regulations promul17 gated under subparagraph (A) shall consider— 

18 ‘‘(i) the total miles of gas main and 

19 service pipeline within the service area of 

20 the operator of the distribution pipeline; 

21 ‘‘(ii) the age and material of the pipes 

22 within the service area of the operator of 

23 the distribution pipeline; and 


pamtmann on DSKBFK8HB2PROD with BILLS
14 

•HR 2139 IH

1 ‘‘(iii) the number and density of cus2 tomers within the service area of the oper3 ator of the distribution pipeline.’’. 

4 SEC. 7. CIVIL PENALTIES. 

5 Section 60122(a)(1) of title 49, United States Code, 

6 is amended— 

7 (1) in the first sentence, by striking 

8 ‘‘$200,000’’ and inserting ‘‘$20,000,000’’; 

9 (2) in the third sentence, by striking 

10 ‘‘$2,000,000’’ and inserting ‘‘$200,000,000’’; and 

11 (3) by adding at the end the following: ‘‘The 

12 Secretary shall annually adjust the penalties under 

13 this paragraph for inflation.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS