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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2004 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2004

 To amend title 49 of the United States Code to expand State authority 
with respect to pipeline safety, to establish new Federal requirements 
 to improve pipeline safety, to authorize appropriations under chapter 
  601 of that title for fiscal years 2001 through 2005, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2000

  Mrs. Murray introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To amend title 49 of the United States Code to expand State authority 
with respect to pipeline safety, to establish new Federal requirements 
 to improve pipeline safety, to authorize appropriations under chapter 
  601 of that title for fiscal years 2001 through 2005, 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; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety 
Act of 2000''.
    (b) References in Act.--Except as specifically provided in this 
Act, whenever in this Act an amendment or repeal is expressed as an 
amendment or repeal of a provision, the reference shall be deemed to be 
made to title 49, United States Code.

SEC. 2. DEFINITIONS.

    Section 60101 is amended--
            (1) by striking ``and'' at the end of paragraph (24);
            (2) by striking the period at the end of paragraph (25) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(26) `release of a hazardous liquid or gas' means any 
        spilling, leaking, emitting, discharging, dumping, disposing, 
        or any other uncontrolled escape of a hazardous liquid or gas 
        from a pipeline.''.

SEC. 3. EXPANDED STATE AUTHORITY.

    (a) Additional Training and Education.--Section 60102(a) is amended 
by adding at the end the following new paragraph:
    ``(3)(A) A State may, by regulation, require individuals described 
in paragraph (1)(C) who operate a pipeline facility in such State to 
satisfy training and education requirements that are in addition to any 
qualifications required under that paragraph.
    ``(B) Subject to subparagraph (C), the Secretary may determine that 
a regulation under subparagraph (A) unduly burdens interstate commerce 
or that a State lacks the resources or expertise necessary to carry out 
a regulation under that subparagraph. A State may not enforce a 
regulation covered by a determination under the preceding sentence.
    ``(C) The Secretary may make a determination under subparagraph (B) 
only--
            ``(i) after notifying the State concerned in writing of the 
        Secretary's objections to the regulation;
            ``(ii) after affording the State an opportunity to take 
        action within a period of time (not to exceed 90 days) 
        specified by the Secretary to modify the regulation to take 
        into account the objections specified under clause (i); and
            ``(iii) after a public hearing.''.
    (b) Use of Leak Detection Devices.--Section 60102(j) is amended by 
adding at the end the following new paragraph:
    ``(4)(A)(i) A State may, by regulation, require the use of 
equipment in such State to detect and locate pipeline releases of 
hazardous liquids or gases.
    ``(ii) A State may require equipment under clause (i) only if--
            ``(I) the Secretary has determined the equipment to be 
        effective and useful for detecting releases of hazardous 
        liquids or gases; or
            ``(II) the equipment is commonly used in the pipeline 
        industry for detecting such releases.
    ``(B) Subject to subparagraph (C), the Secretary may determine that 
a regulation under subparagraph (A) unduly burdens interstate commerce 
or that a State lacks the resources or expertise necessary to carry out 
a regulation under that subparagraph. A State may not enforce a 
regulation covered by a determination under the preceding sentence.
    ``(C) The Secretary may make a determination under subparagraph (B) 
only--
            ``(i) after notifying the State concerned in writing of the 
        Secretary's objections to the regulation;
            ``(ii) after affording the State an opportunity to take 
        action within a period of time (not to exceed 90 days) 
        specified by the Secretary to modify the regulation to take 
        into account the objections specified under clause (i); and
            ``(iii) after a public hearing.''.
    (c) Relation to Federal Preemption.--The second sentence of section 
60104(c) is amended by striking ``A State'' and inserting ``Except as 
otherwise provided in sections 60102 and 60106, a State''.
    (d) State Pipeline Safety Agreements.--
            (1) In general.--Section 60106 is amended--
                    (A) in subsection (a)--
                            (i) in the second sentence, by striking 
                        ``agreement shall--'' and inserting 
                        ``agreement--'';
                            (ii) in paragraph (1)--
                                    (I) by inserting ``shall'' before 
                                ``establish''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (iii) in paragraph (2)--
                                    (I) by inserting ``shall'' before 
                                ``prescribe''; and
                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                            (iv) by adding at the end the following new 
                        paragraph:
            ``(3) may permit the State authority to--
                    ``(i) require inspections and tests of pipeline 
                facilities that are in addition to Federal requirements 
                under this chapter;
                    ``(ii) enforce Federal minimum safety standards 
                under this chapter;
                    ``(iii) require, by regulation, the owner or 
                operator of a pipeline facility in the State to certify 
                to the State that its safety procedure and accident 
                response plans comply with the safety requirements 
                prescribed under this chapter; and
                    ``(iv) regulate activities related to the safety of 
                pipeline facilities if such regulation--
                            ``(I) would enhance the safety of those 
                        facilities; and
                            ``(II) would not include safety standards 
                        less stringent than are otherwise imposed under 
                        this chapter.'';
                    (B) by redesignating subsections (b) through (d) as 
                subsections (c) through (e), respectively;
                    (C) by inserting after subsection (a) the following 
                new subsection (b):
    ``(b) Approval of Agreements.--(1) The Secretary shall approve an 
agreement submitted by a State authority under subsection (a) not later 
than 90 days after the date of its submittal under that subsection.
    ``(2) The Secretary may not approve an agreement submitted under 
subsection (a) if the Secretary determines that the agreement would 
unduly burden interstate commerce or that the State authority lacks the 
resources or expertise necessary to carry out the agreement.''; and
                    (D) by amending subsection (e), as so redesignated, 
                to read as follows:
    ``(e) Ending Agreements.--(1) Subject to paragraphs (2) and (3), 
the Secretary may end an agreement under this section if the Secretary 
finds that the State authority concerned has not complied with the 
agreement.
    ``(2) The Secretary may end an agreement under paragraph (1) only--
            ``(A) after notifying the State authority in writing of the 
        finding of the Secretary under that paragraph;
            ``(B) after affording the State authority an opportunity to 
        take action with a period of time (not to exceed 90 days) 
        specified by the Secretary to comply with the agreement; and
            ``(C) after a public hearing.
    ``(3) The Secretary shall, after complying with paragraph (2), 
publish in the Federal Register a notice of a finding and decision 
under this subsection. The finding and decision shall not take effect 
until at least 15 days after the date of its publication under the 
preceding sentence.''.
            (2) Sense of congress.--It is the sense of Congress that 
        the Secretary of Transportation should aggressively pursue 
        entry into pipeline safety agreements with States under section 
        60106 of title 49, United States Code, as amended by paragraph 
        (1).
    (e) State Pipeline Safety Grants.--Paragraph (1) of section 
60107(a) is amended to read as follows:
            ``(1) to carry out a safety program under a certification 
        under section 60105 or an agreement under section 60106, and to 
        carry out any other any other authority permitted a State under 
        this chapter; or''.
    (f) State Role in Accident Response and Prevention.--Congress 
recognizes that each State has a role in--
            (1) the determination of equipment needs for responses to 
        accidents involving a pipeline facility;
            (2) the development of training curriculum for police, 
        fire, and emergency medical personnel within the State;
            (3) the development of prevention planning and preparedness 
        for spills within the State; and
            (4) in areas where their partnership and their 
        understanding of local conditions and circumstances would 
        enhance safety.

SEC. 4. PUBLIC RIGHT TO KNOW.

    Section 60102(c) is amended by adding at the end the following new 
paragraph:
    ``(5) Public right to know.--
                    ``(A) The Secretary shall include in the standards 
                prescribed under subsection (a) a requirement that the 
                owner or operator of each interstate pipeline facility 
                notify the entities and individuals described in 
                subparagraph (B) of any inspection or testing of a 
                pipeline facility, any rupture in the pipeline 
                facility, and any release of a hazardous liquid or gas 
                described in subparagraph (C) from such facility and 
                provide a summary of any data obtained from such 
                inspection, testing, rupture, or release to those 
                entities and individuals.
                    ``(B) The entities and individuals referred to in 
                subparagraph (A) are--
                            ``(i) appropriate Federal and State 
                        regulatory authorities; and
                            ``(ii) municipalities, school districts, 
                        businesses, and residents likely to be impacted 
                        by an accident involving the pipeline facility 
                        that was inspected or tested or with respect to 
                        which a rupture of a pipeline facility or 
                        release of a hazardous liquid or gas was found.
                    ``(C) A release of a hazardous liquid or gas 
                described in subparagraph (A) is a release involving--
                            ``(i) any spill in excess of 40 liquid 
                        gallons; or
                            ``(ii) any spill of more than 30 days 
                        duration.''.

SEC. 5. NEW FEDERAL REQUIREMENTS.

    Section 60108(b) is amended--
            (1) in paragraph (1), by striking the second sentence; and
            (2) by amending paragraph (2) to read as follows:
    ``(2)(A) Not later than December 1, 2000, the Secretary shall 
require that--
            ``(i) inspections under paragraph (1) of the internal 
        condition of a pipeline facility where the pipe is capable of 
        accommodating internal inspection devices, shall occur at least 
        once every 5 years; and
            ``(ii) effective with a determination by the Secretary that 
        the appropriate technology for inspections is sufficiently 
        reliable, inspections under paragraph (1) of the external 
        condition of a pipeline facility shall occur at least once 
        every 5 years.
    ``(B) The Secretary shall--
            ``(i) notify the Federal and State authorities having 
        responsibility for the regulation of the inspected pipeline 
        facility and those municipalities, school districts, 
        businesses, and residents reasonably likely to be impacted by 
        an accident involving the inspected pipeline facility of the 
        results of the inspections conducted under subparagraph (A); 
        and
            ``(ii) make available to the public the information 
        notified under clause (i).
    ``(C) The Secretary shall take steps to remedy any problem in a 
pipeline facility and may require additional testing of the pipeline 
facility.''.

SEC. 6. ENHANCED QUALIFICATIONS OF PIPELINE OPERATORS.

    Section 60102(a)(1)(C) is amended to read as follows:
            ``(C) shall include a requirement that all individuals 
        responsible for the operation and maintenance of pipeline 
        facilities be tested for qualification to perform such 
        functions and certified as qualified by the Secretary to 
        perform such functions, and may include a requirement that 
        those individuals obtain additional education and training to 
        qualify to perform such functions.''.

SEC. 7. STUDY AND REPORT.

    (a) Study.--The Secretary of Transportation shall conduct a study 
on--
            (1) the status of the reliability and accuracy of internal 
        and external inspection devices for pipeline facilities;
            (2) a determination of the optimal minimum burial depth of 
        such pipeline facilities;
            (3) the feasibility of requiring failsafe mechanisms that 
        are nonelectronic and that do not rely on any human or 
        administrative process;
            (4) the effectiveness of current failsafe mechanisms; and
            (5) the practicality of removing distinctions between 
        natural gas and liquid pipelines and equalizing priorities 
        between natural gas and liquid pipelines.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary of Transportation shall submit a report to 
Congress setting forth the results of the study conducted under 
subsection (a).
    (c) Failsafe Mechanism Defined.--For purposes of subsection (a), 
the term ``failsafe mechanism'', in the case of a pipeline, means a 
nonelectronic or mechanically based system that prevents the pipeline 
from exceeding its maximum operating pressure in the event of a failure 
of the primary or electronic system designed for such purpose.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquids.--Section 60125(a) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(6) $50,000,000 for fiscal year 2001, of which at least 
        $4,000,000 should be available only for research and 
        development of inspection devices and leak detection;
            ``(7) $62,000,000 for fiscal year 2002, of which at least 
        $5,000,000 should be available only for research and 
        development of inspection devices and leak detection;
            ``(8) $64,000,000 for fiscal year 2003, of which at least 
        $5,000,000 should be available only for research and 
        development of inspection devices and leak detection;
            ``(9) $66,000,000 for fiscal year 2004, of which at least 
        $6,000,000 should be available only for research and 
        development of inspection devices and leak detection; and
            ``(10) $68,000,000 for fiscal year 2005, of which at least 
        $6,000,000 should be available only for research and 
        development of inspection devices and leak detection.''.
    (b) State Grants.--Section 60125(c)(1) is amended by adding at the 
end the following new subparagraphs:
                    ``(I) $31,000,000 for the fiscal year 2001;
                    ``(J) $37,000,000 for the fiscal year 2002;
                    ``(K) $38,000,000 for the fiscal year 2003;
                    ``(L) $39,000,000 for the fiscal year 2004; and
                    ``(M) $40,000,000 for the fiscal year 2005.''.
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