II

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.

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; REFERENCES IN ACT.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Pipeline Safety Act of 2000’’.
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1 (b) REFERENCES IN ACT.—Except as specifically

2 provided in this Act, whenever in this Act an amendment

3 or repeal is expressed as an amendment or repeal of a

4 provision, the reference shall be deemed to be made to title

5 49, United States Code.

6 SEC. 2. DEFINITIONS.

7 Section 60101 is amended—

8 (1) by striking ‘‘and’’ at the end of paragraph

9 (24);

10 (2) by striking the period at the end of para11 graph (25) and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new

13 paragraph:

14 ‘‘(26) ‘release of a hazardous liquid or gas’

15 means any spilling, leaking, emitting, discharging,

16 dumping, disposing, or any other uncontrolled es17 cape of a hazardous liquid or gas from a pipeline.’’.

18 SEC. 3. EXPANDED STATE AUTHORITY.

19 (a) ADDITIONAL TRAINING AND EDUCATION.—Sec20 tion 60102(a) is amended by adding at the end the fol21 lowing new paragraph:

22 ‘‘(3)(A) A State may, by regulation, require individ23 uals described in paragraph (1)(C) who operate a pipeline

24 facility in such State to satisfy training and education re-
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1 quirements that are in addition to any qualifications re2 quired under that paragraph.

3 ‘‘(B) Subject to subparagraph (C), the Secretary may

4 determine that a regulation under subparagraph (A) un5 duly burdens interstate commerce or that a State lacks

6 the resources or expertise necessary to carry out a regula7 tion under that subparagraph. A State may not enforce

8 a regulation covered by a determination under the pre9 ceding sentence.

10 ‘‘(C) The Secretary may make a determination under

11 subparagraph (B) only—

12 ‘‘(i) after notifying the State concerned in writ13 ing of the Secretary’s objections to the regulation;

14 ‘‘(ii) after affording the State an opportunity to

15 take action within a period of time (not to exceed 90

16 days) specified by the Secretary to modify the regu17 lation to take into account the objections specified

18 under clause (i); and

19 ‘‘(iii) after a public hearing.’’.

20 (b) USE OF LEAK DETECTION DEVICES.—Section

21 60102(j) is amended by adding at the end the following

22 new paragraph:

23 ‘‘(4)(A)(i) A State may, by regulation, require the use

24 of equipment in such State to detect and locate pipeline

25 releases of hazardous liquids or gases.
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1 ‘‘(ii) A State may require equipment under clause (i)

2 only if—

3 ‘‘(I) the Secretary has determined the equip4 ment to be effective and useful for detecting releases

5 of hazardous liquids or gases; or

6 ‘‘(II) the equipment is commonly used in the

7 pipeline industry for detecting such releases.

8 ‘‘(B) Subject to subparagraph (C), the Secretary may

9 determine that a regulation under subparagraph (A) un10 duly burdens interstate commerce or that a State lacks

11 the resources or expertise necessary to carry out a regula12 tion under that subparagraph. A State may not enforce

13 a regulation covered by a determination under the pre14 ceding sentence.

15 ‘‘(C) The Secretary may make a determination under

16 subparagraph (B) only—

17 ‘‘(i) after notifying the State concerned in writ18 ing of the Secretary’s objections to the regulation;

19 ‘‘(ii) after affording the State an opportunity to

20 take action within a period of time (not to exceed 90

21 days) specified by the Secretary to modify the regu22 lation to take into account the objections specified

23 under clause (i); and

24 ‘‘(iii) after a public hearing.’’.
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1 (c) RELATION TO FEDERAL PREEMPTION.—The sec2 ond sentence of section 60104(c) is amended by striking

3 ‘‘A State’’ and inserting ‘‘Except as otherwise provided

4 in sections 60102 and 60106, a State’’.

5 (d) STATE PIPELINE SAFETY AGREEMENTS.—

6 (1) IN GENERAL.—Section 60106 is amended—

7 (A) in subsection (a)—

8 (i) in the second sentence, by striking

9 ‘‘agreement shall—’’ and inserting ‘‘agree10 ment—’’;

11 (ii) in paragraph (1)—

12 (I) by inserting ‘‘shall’’ before

13 ‘‘establish’’; and

14 (II) by striking ‘‘and’’ at the end;

15 (iii) in paragraph (2)—

16 (I) by inserting ‘‘shall’’ before

17 ‘‘prescribe’’; and

18 (II) by striking the period at the

19 end and inserting ‘‘; and’’; and

20 (iv) by adding at the end the following

21 new paragraph:

22 ‘‘(3) may permit the State authority to—

23 ‘‘(i) require inspections and tests of pipe24 line facilities that are in addition to Federal re25 quirements under this chapter;
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1 ‘‘(ii) enforce Federal minimum safety

2 standards under this chapter;

3 ‘‘(iii) require, by regulation, the owner or

4 operator of a pipeline facility in the State to

5 certify to the State that its safety procedure

6 and accident response plans comply with the

7 safety requirements prescribed under this chap8 ter; and

9 ‘‘(iv) regulate activities related to the safe10 ty of pipeline facilities if such regulation—

11 ‘‘(I) would enhance the safety of those

12 facilities; and

13 ‘‘(II) would not include safety stand14 ards less stringent than are otherwise im15 posed under this chapter.’’;

16 (B) by redesignating subsections (b)

17 through (d) as subsections (c) through (e), re18 spectively;

19 (C) by inserting after subsection (a) the

20 following new subsection (b):

21 ‘‘(b) APPROVAL OF AGREEMENTS.—(1) The Sec22 retary shall approve an agreement submitted by a State

23 authority under subsection (a) not later than 90 days after

24 the date of its submittal under that subsection.
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1 ‘‘(2) The Secretary may not approve an agreement

2 submitted under subsection (a) if the Secretary determines

3 that the agreement would unduly burden interstate com4 merce or that the State authority lacks the resources or

5 expertise necessary to carry out the agreement.’’; and

6 (D) by amending subsection (e), as so re7 designated, to read as follows:

8 ‘‘(e) ENDING AGREEMENTS.—(1) Subject to para9 graphs (2) and (3), the Secretary may end an agreement

10 under this section if the Secretary finds that the State

11 authority concerned has not complied with the agreement.

12 ‘‘(2) The Secretary may end an agreement under

13 paragraph (1) only—

14 ‘‘(A) after notifying the State authority in writ15 ing of the finding of the Secretary under that para16 graph;

17 ‘‘(B) after affording the State authority an op18 portunity to take action with a period of time (not

19 to exceed 90 days) specified by the Secretary to

20 comply with the agreement; and

21 ‘‘(C) after a public hearing.

22 ‘‘(3) The Secretary shall, after complying with para23 graph (2), publish in the Federal Register a notice of a

24 finding and decision under this subsection. The finding

25 and decision shall not take effect until at least 15 days
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1 after the date of its publication under the preceding sen2 tence.’’.

3 (2) SENSE OF CONGRESS.—It is the sense of

4 Congress that the Secretary of Transportation

5 should aggressively pursue entry into pipeline safety

6 agreements with States under section 60106 of title

7 49, United States Code, as amended by paragraph

8 (1).

9 (e) STATE PIPELINE SAFETY GRANTS.—Paragraph

10 (1) of section 60107(a) is amended to read as follows:

11 ‘‘(1) to carry out a safety program under a cer12 tification under section 60105 or an agreement

13 under section 60106, and to carry out any other any

14 other authority permitted a State under this chap15 ter; or’’.

16 (f) STATE ROLE IN ACCIDENT RESPONSE AND PRE17 VENTION.—Congress recognizes that each State has a role

18 in—

19 (1) the determination of equipment needs for

20 responses to accidents involving a pipeline facility;

21 (2) the development of training curriculum for

22 police, fire, and emergency medical personnel within

23 the State;

24 (3) the development of prevention planning and

25 preparedness for spills within the State; and
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1 (4) in areas where their partnership and their

2 understanding of local conditions and circumstances

3 would enhance safety.

4 SEC. 4. PUBLIC RIGHT TO KNOW.

5 Section 60102(c) is amended by adding at the end

6 the following new paragraph:

7 ‘‘(5) PUBLIC RIGHT TO KNOW.—

8 ‘‘(A) The Secretary shall include in the

9 standards prescribed under subsection (a) a re10 quirement that the owner or operator of each

11 interstate pipeline facility notify the entities and

12 individuals described in subparagraph (B) of

13 any inspection or testing of a pipeline facility,

14 any rupture in the pipeline facility, and any re15 lease of a hazardous liquid or gas described in

16 subparagraph (C) from such facility and pro17 vide a summary of any data obtained from such

18 inspection, testing, rupture, or release to those

19 entities and individuals.

20 ‘‘(B) The entities and individuals referred

21 to in subparagraph (A) are—

22 ‘‘(i) appropriate Federal and State

23 regulatory authorities; and

24 ‘‘(ii) municipalities, school districts,

25 businesses, and residents likely to be im-
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1 pacted by an accident involving the pipe2 line facility that was inspected or tested or

3 with respect to which a rupture of a pipe4 line facility or release of a hazardous liquid

5 or gas was found.

6 ‘‘(C) A release of a hazardous liquid or gas

7 described in subparagraph (A) is a release

8 involving—

9 ‘‘(i) any spill in excess of 40 liquid

10 gallons; or

11 ‘‘(ii) any spill of more than 30 days

12 duration.’’.

13 SEC. 5. NEW FEDERAL REQUIREMENTS.

14 Section 60108(b) is amended—

15 (1) in paragraph (1), by striking the second

16 sentence; and

17 (2) by amending paragraph (2) to read as fol18 lows:

19 ‘‘(2)(A) Not later than December 1, 2000, the Sec20 retary shall require that—

21 ‘‘(i) inspections under paragraph (1) of the in22 ternal condition of a pipeline facility where the pipe

23 is capable of accommodating internal inspection de24 vices, shall occur at least once every 5 years; and
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1 ‘‘(ii) effective with a determination by the Sec2 retary that the appropriate technology for inspec3 tions is sufficiently reliable, inspections under para4 graph (1) of the external condition of a pipeline fa5 cility shall occur at least once every 5 years.

6 ‘‘(B) The Secretary shall—

7 ‘‘(i) notify the Federal and State authorities

8 having responsibility for the regulation of the in9 spected pipeline facility and those municipalities,

10 school districts, businesses, and residents reasonably

11 likely to be impacted by an accident involving the in12 spected pipeline facility of the results of the inspec13 tions conducted under subparagraph (A); and

14 ‘‘(ii) make available to the public the informa15 tion notified under clause (i).

16 ‘‘(C) The Secretary shall take steps to remedy any

17 problem in a pipeline facility and may require additional

18 testing of the pipeline facility.’’.

19 SEC. 6. ENHANCED QUALIFICATIONS OF PIPELINE OPERA20 TORS.

21 Section 60102(a)(1)(C) is amended to read as fol22 lows:

23 ‘‘(C) shall include a requirement that all indi24 viduals responsible for the operation and mainte25 nance of pipeline facilities be tested for qualification
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1 to perform such functions and certified as qualified

2 by the Secretary to perform such functions, and may

3 include a requirement that those individuals obtain

4 additional education and training to qualify to per5 form such functions.’’.

6 SEC. 7. STUDY AND REPORT.

7 (a) STUDY.—The Secretary of Transportation shall

8 conduct a study on—

9 (1) the status of the reliability and accuracy of

10 internal and external inspection devices for pipeline

11 facilities;

12 (2) a determination of the optimal minimum

13 burial depth of such pipeline facilities;

14 (3) the feasibility of requiring failsafe mecha15 nisms that are nonelectronic and that do not rely on

16 any human or administrative process;

17 (4) the effectiveness of current failsafe mecha18 nisms; and

19 (5) the practicality of removing distinctions be20 tween natural gas and liquid pipelines and equal21 izing priorities between natural gas and liquid pipe22 lines.

23 (b) REPORT.—Not later than one year after the date

24 of enactment of this Act, the Secretary of Transportation
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1 shall submit a report to Congress setting forth the results

2 of the study conducted under subsection (a).

3 (c) FAILSAFE MECHANISM DEFINED.—For purposes

4 of subsection (a), the term ‘‘failsafe mechanism’’, in the

5 case of a pipeline, means a nonelectronic or mechanically

6 based system that prevents the pipeline from exceeding its

7 maximum operating pressure in the event of a failure of

8 the primary or electronic system designed for such pur9 pose.

10 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

11 (a) GAS AND HAZARDOUS LIQUIDS.—Section

12 60125(a) is amended—

13 (1) by striking ‘‘and’’ at the end of paragraph

14 (4);

15 (2) by striking the period at the end of para16 graph (5) and inserting a semicolon; and

17 (3) by adding at the end the following new

18 paragraphs:

19 ‘‘(6) $50,000,000 for fiscal year 2001, of which

20 at least $4,000,000 should be available only for re21 search and development of inspection devices and

22 leak detection;

23 ‘‘(7) $62,000,000 for fiscal year 2002, of which

24 at least $5,000,000 should be available only for re-
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1 search and development of inspection devices and

2 leak detection;

3 ‘‘(8) $64,000,000 for fiscal year 2003, of which

4 at least $5,000,000 should be available only for re5 search and development of inspection devices and

6 leak detection;

7 ‘‘(9) $66,000,000 for fiscal year 2004, of which

8 at least $6,000,000 should be available only for re9 search and development of inspection devices and

10 leak detection; and

11 ‘‘(10) $68,000,000 for fiscal year 2005, of

12 which at least $6,000,000 should be available only

13 for research and development of inspection devices

14 and leak detection.’’.

15 (b) STATE GRANTS.—Section 60125(c)(1) is amend16 ed by adding at the end the following new subparagraphs:

17 ‘‘(I) $31,000,000 for the fiscal year 2001;

18 ‘‘(J) $37,000,000 for the fiscal year 2002;

19 ‘‘(K) $38,000,000 for the fiscal year 2003;

20 ‘‘(L) $39,000,000 for the fiscal year 2004;

21 and

22 ‘‘(M) $40,000,000 for the fiscal year

23 2005.’’.

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