II

106TH CONGRESS

2D SESSION S. 2438

To provide for enhanced safety, public awareness, and environmental

protection in pipeline transportation, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 2000

Mr. MCCAIN (for himself, Mrs. MURRAY, and Mr. GORTON) introduced the

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

Commerce, Science, and Transportation

A BILL

To provide for enhanced safety, public awareness, and environmental protection in pipeline transportation, 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; AMENDMENT OF TITLE 49,

4 UNITED STATES CODE; TABLE OF CONTENTS.

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

6 ‘‘King and Tsiorvas Pipeline Safety Improvement Act of

7 2000’’.

8 (b) AMENDMENT OF TITLE 49, UNITED STATES

9 CODE.—Except as otherwise expressly provided, whenever
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1 in this Act an amendment or repeal is expressed in terms

2 of an amendment to, or a repeal of, a section or other

3 provision, the reference shall be considered to be made to

4 a section or other provision of title 49, United States

5 Code.

6 SEC. 2. IMPLEMENTATION OF INSPECTOR GENERAL REC7 OMMENDATIONS.

8 (a) IN GENERAL.—The Secretary shall implement

9 the safety improvement recommendations provided for in

10 the Department of Transportation Inspector General’s Re11 port (RT–2000–069).

12 (b) REPORTS BY THE SECRETARY.—Not later than

13 90 days after the date of enactment of this Act, and every

14 90 days thereafter until each of the recommendations re15 ferred to in subsection (a) has been implemented, the Sec16 retary shall transmit to the Committee on Commerce,

17 Science, and Transportation of the Senate and the Com18 mittee on Transportation and Infrastructure of the House

19 of Representatives a report on the specific actions taken

20 to implement such recommendations.

21 (c) REPORTS BY THE INSPECTOR GENERAL.—The

22 Inspector General shall periodically transmit to the Com23 mittees referred to in subsection (b) a report assessing the

24 Secretary’s progress in implementing the recommenda25 tions referred to in subsection (a) and identifying options
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1 for the Secretary to consider in accelerating recommenda2 tion implementation.

3 SEC. 3. NTSB SAFETY RECOMMENDATIONS.

4 (a) IN GENERAL.—The Secretary of Transportation,

5 the Administrator of Research and Special Program Ad6 ministration, and the Director of the Office of Pipeline

7 Safety shall fully comply with section 1135 of title 49,

8 United States Code, to ensure timely responsiveness to

9 National Transportation Safety Board recommendations

10 about pipeline safety.

11 (b) PUBLIC AVAILABILITY.—The Secretary, Adminis12 trator, or Director, respectively, shall make a copy of each

13 recommendation on pipeline safety and response, as de14 scribed in sections 1135 (a) and (b) of title 49, United

15 States Code, available to the public at reasonable cost.

16 (d) REPORTS TO CONGRESS.—The Secretary, Admin17 istrator, or Director, respectively, shall submit to the Con18 gress by January 1 of each year a report containing each

19 recommendation on pipeline safety made by the Board

20 during the prior year and a copy of the response to each

21 such recommendation.

22 SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

23 (a) TRAINING PLAN.—Each pipeline operator shall

24 submit to the Secretary of Transportation a training plan

25 that is designed to enhance training for pipeline personnel
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1 and to reduce the likelihood of accidents and injuries. The

2 plan shall be submitted not more than 6 months after the

3 date of enactment of this Act.

4 (b) REQUIREMENTS.—The enhanced training plan

5 shall include, at a minimum, criteria to demonstrate the

6 ability of an individual to safely and properly perform as7 signed tasks. The plan shall also provide for periodic re8 training and reexamination of pipeline employee qualifica9 tions as appropriate. The Secretary is authorized to review

10 the submitted plans to determine if they are sufficient to

11 provide a safe operating environment and shall periodi12 cally review the plans to ensure the continuation of a safe

13 operation. The Secretary may establish minimum stand14 ards for operators to include in the training plans.

15 SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

16 Not later than 12 months after the date of enactment

17 of this Act, the Secretary shall issue regulations requiring

18 pipeline operators to periodically determine the adequacy

19 of pipelines to operate safely in unusually sensitive areas

20 and high-density population areas. Such regulations shall,

21 at a minimum, require operators to perform periodic in22 spections or tests capable of identifying corrosion, me23 chanical damage or other structural or operational defects

24 that could be detrimental to safety and the environment.
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1 SEC. 6. SHUTDOWN AUTHORITY.

2 Section 60112 is amended by adding at the end

3 thereof the following:

4 ‘‘(f) SHUTDOWN AUTHORITY.—

5 ‘‘(1) IN GENERAL.—If the Secretary determines

6 that allowing the continued operation of a hazardous

7 liquid or natural gas pipeline creates an imminent

8 hazard (as defined in section 5102(5)), the Sec9 retary shall take such action as may be necessary to

10 prevent the operator of that system from operating

11 that pipeline for 30 days.

12 ‘‘(2) SUBSEQUENT EXTENSION AFTER NOTICE

13 AND HEARING.—After taking action under para14 graph (1), the Secretary may extend the period that

15 action is in effect for an additional period of up to

16 30 days if the Secretary determines, after notice and

17 an opportunity for a hearing, that allowing the oper18 ator to resume operation of the pipeline would create

19 an imminent hazard (as defined in section 5102).’’.

20 SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS,

21 AND COMMUNITY RIGHT TO KNOW.

22 (a) Section 60116 is amended to read as follows:

23 ‘‘§ 60116. Public education, emergency preparedness,

24 and community right to know

25 ‘‘(a) PUBLIC EDUCATION PROGRAMS.—
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1 ‘‘(1) Each owner or operator of a gas or haz2 ardous liquid pipeline facility shall carry out a con3 tinuing program to educate the public on the use of

4 a one-call notification system prior to excavation and

5 other damage prevention activities, the possible haz6 ards associated with unintended releases from the

7 pipeline facility, the physical indications that such a

8 release may have occurred, what steps should be

9 taken for public safety in the event of a pipeline re10 lease, and how to report such an event.

11 ‘‘(2) Within 12 months after the date of enact12 ment of the King and Tsiorvas Pipeline Safety Im13 provement Act of 2000, each owner or operator of

14 a gas or hazardous liquid pipeline facility shall re15 view its existing public education program for effec16 tiveness and modify the program as necessary. The

17 completed plan shall include activities to advise mu18 nicipalities, school districts, businesses, and resi19 dents of pipeline facility locations. The completed

20 plans shall be submitted to the Secretary and shall

21 be periodically reviewed by the Secretary.

22 ‘‘(3) The Secretary may issue standards pre23 scribing the elements of an effective public education

24 program. The Secretary may also develop material

25 for use in the program.
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1 ‘‘(b) EMERGENCY PREPAREDNESS.—Within 12

2 months after the date of enactment of the King and

3 Tsiorvas Pipeline Safety Improvement Act of 2000, an op4 erator of a gas transmission or hazardous liquid pipeline

5 facility shall initiate and maintain liaison with the State

6 emergency response commissions, and local emergency

7 planning committees in the areas of pipeline right-of-way,

8 established under section 301 of the Emergency Planning

9 and Community Right-To-Know Act of 1986 (42 U.S.C.

10 11001) in each State in which it operates. An operator

11 shall, when requested, make available to the State emer12 gency response commissions and local emergency planning

13 committees the information described in section 60102(d),

14 any program for integrity management, and information

15 about implementation of that program. The information

16 about the facility within the public official’s area shall also

17 include, at a minimum—

18 ‘‘(1) the business name, address, telephone

19 number of the operator, including a 24-hour emer20 gency contact number;

21 ‘‘(2) a description of the facility including pipe

22 diameter, the product or products carried, and the

23 operating pressure;
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1 ‘‘(3) maps showing the location of the facility

2 and any high consequence areas which the pipeline

3 facility traverses or adjoins and abuts;

4 ‘‘(4) a summary description of the integrity

5 measures the operator uses to assure safety and pro6 tection for the environment; and

7 ‘‘(5) a point of contact to respond to questions

8 from emergency response representative.

9 In a community without a local emergency planning com10 mittee, the operator shall maintain liaison with the local

11 fire, police, and other emergency response agencies.

12 ‘‘(c) COMMUNITY RIGHT TO KNOW.—Not later than

13 12 months after the date of enactment of the King and

14 Tsiorvas Pipeline Safety Improvement Act of 2000, and

15 annually thereafter, the owner or operator of each gas or

16 hazardous liquid pipeline facility shall provide to the gov17 erning body of each municipality in which the pipeline fa18 cility is located, a map identifying the location of such fa19 cility. The Secretary may provide technical assistance to

20 the pipeline industry on developing public safety and pub21 lic education program content and best practices for pro22 gram delivery, and on evaluating the effectiveness of the

23 programs. The Secretary may also provide technical as24 sistance to State and local officials in applying practices

25 developed in these programs to their activities.
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1 ‘‘(d) PUBLIC AVAILABILITY OF REPORTS.—The Sec2 retary shall make available to the public a safety-related

3 condition report filed by an operator under section 60102

4 (h) and a report of a pipeline incident filed by an operator

5 under this chapter.’’.

6 (b) CONFORMING AMENDMENT.—The chapter anal7 ysis for chapter 601 is amended by striking the item relat8 ing to section 60116 and inserting the following:

‘‘60116. Public education, emergency preparedness, community right to know.’’.

9 SEC. 8. PENALTIES.

10 Subsection 60122(a)(1) is amended—

11 (1) by striking ‘‘$25,000’’ and inserting

12 ‘‘$100,000’’; and

13 (2) by striking ‘‘$100,000’’ and inserting

14 ‘‘$1,000,000’’.

15 SEC. 9. ENHANCED STATE OVERSIGHT.

16 (a) Section 60106(a) is amended by inserting ‘‘(1)’’

17 before the current text of the subsection, redesignating

18 paragraphs (1) and (2) as subparagraphs (A) and (B),

19 and adding at the end the following:

20 ‘‘(2) If the Secretary accepts a certification under

21 section 60105 of this title, the Secretary may make an

22 agreement with a State authority authorizing it to partici23 pate in the oversight of interstate pipeline transportation.

24 An agreement shall include a plan for the State authority
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1 to participate in special investigations involving new con2 struction or incidents.

3 ‘‘(3) An agreement under paragraph (2) may also in4 clude a program allowing for participation by the State

5 authority in other activities overseeing interstate pipeline

6 transportation that supplement the Secretary’s program

7 and address issues of local concern, provided that the Sec8 retary determines that—

9 ‘‘(A) there are no significant gaps in the regu10 latory jurisdiction of the State authority over intra11 state pipeline transportation;

12 ‘‘(B) implementation of the agreement will not

13 adversely affect the oversight of intrastate pipeline

14 transportation by the State authority;

15 ‘‘(C) the program allowing participation of the

16 State authority is consistent with the Secretary’s

17 program for inspection;

18 ‘‘(D) the State promotes preparedness and pre19 vention activities that enable communities to live

20 safely with pipelines; and

21 ‘‘(E) the state meets the minimum standards

22 for State one-call notification set forth in chapter

23 61.’’.

24 (b) Section 60106(d) is amended by inserting after

25 the first sentence the following: ‘‘In addition, the Sec-
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1 retary may end an agreement for the oversight of inter2 state pipeline transportation when the Secretary finds that

3 there are significant gaps in the regulatory authority of

4 the State authority over intrastate pipeline transportation,

5 or that continued participation by the State authority in

6 the oversight of interstate pipeline transportation is not

7 consistent with the Secretary’s program or would ad8 versely affect oversight of intrastate pipeline transpor9 tation, or that the State is not promoting activities that

10 enable communities to live safely with pipelines.’’.

11 SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

12 Within 12 months after the date of enactment of this

13 Act, the Secretary shall develop and implement a com14 prehensive plan for the collection and use of gas and haz15 ardous liquid pipeline data to revise the causal categories

16 on the accident report forms to eliminate overlapping and

17 confusing categories and include subcategories. The plan

18 shall include components to provide the capability to per19 form sound accident trend analysis and evaluations of

20 pipeline operator performance using normalized accident

21 data.

22 SEC. 11. SUPPORT FOR INNOVATIVE TECHNOLOGY DEVEL23 OPMENT.

24 As part of the Department’s research and develop25 ment program, the Secretary of Transportation shall di-
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1 rect research attention to the development of alternative

2 technologies—

3 ‘‘(1) to expand the defect detection capabilities

4 of internal inspection devices;

5 ‘‘(2) to inspect pipelines that cannot accommo6 date internal inspection devices available on the date

7 of enactment; and

8 ‘‘(3) to develop innovative techniques measuring

9 the structural integrity of pipelines.’’.

10 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

11 (a) Section 60125(a) is amended to read as follows:

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

13 this chapter and other pipeline-related damage prevention

14 activities of this title (except for section 60107), there are

15 authorized to be appropriated to the Department of

16 Transportation

17 ‘‘(1) $26,000,000 for fiscal year 2001, of which

18 $20,000,000 is to be derived from user fees for fis19 cal year 2001 collected under section 60301 of this

20 title; and

21 ‘‘(2) $30,000,000 for each of the fiscal years

22 2002 and 2003 of which $23,000,000 is to be de23 rived from user fees for fiscal year 2002 and fiscal

24 year 2003 collected under section 60301 of this

25 title.’’.
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1 (b) Section 60125(c) is amended to read as follows:

2 ‘‘(c) STATE GRANTS.—Not more than the following

3 amounts may be appropriated to the Secretary to carry

4 out section 60107—

5 ‘‘(1) $17,000,000 for fiscal year 2001, of which

6 $15,000,000 is to be derived from user fees for fis7 cal year 2002 collected under section 60301 of this

8 title; and

9 ‘‘(2) $20,000,000 for the fiscal years 2002 and

10 2003 of which $18,000,000 is to be derived from

11 user fees for fiscal year 2002 and fiscal year 2003

12 collected under section 60301 of this title.’’.

13 (c) Sections 60525 is amended by redesignating sub14 sections (d), (e), and (f) as subsections (e), (f), (g) and

15 inserting after subsection (c) the following:

16 ‘‘(d) OIL SPILL LIABILITY TRUST FUND.—Of the

17 amounts available in the Oil Spill Liability Trust Fund,

18 $8,000,000 shall be transferred to carry out programs au19 thorized in this Act for fiscal year 2001, fiscal year 2002,

20 and fiscal year 2003.’’.

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