```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 432 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 432

   To amend chapter 601 of title 49, United States Code, to improve 
 natural gas and hazardous liquid pipeline safety, in response to the 
  natural gas pipeline accident in Edison, New Jersey, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1995

 Mr. Pallone (for himself and Mr. Franks of New Jersey) introduced the 
 following bill; which was referred to the Committee on Transportation 
and Infrastructure and, in addition, to the Committee on 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 chapter 601 of title 49, United States Code, to improve 
 natural gas and hazardous liquid pipeline safety, in response to the 
  natural gas pipeline accident in Edison, New Jersey, 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.

    This Act may be cited as the ``Natural Gas Pipeline Safety 
Improvement Act of 1995''.

SEC. 2. RECOVERY BY SECRETARY OF TRANSPORTATION OF COSTS OF 
              INVESTIGATION OF CERTAIN PIPELINE ACCIDENTS.

    Section 60117 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(k)(1)(A) Subject to paragraphs (2) and (3), the Secretary of 
Transportation may recover from any person who engages in the 
transportation of gas or hazardous liquid, or who owns or operates 
pipeline facilities, the costs incurred by the Secretary--
            ``(i) in investigating an accident with respect to such 
        transportation or facilities; and
            ``(ii) in overseeing the response of the person to the 
        accident.
    ``(B) For the purposes of this paragraph, the costs incurred by the 
Secretary in an investigation of an accident may include the cost of 
hiring additional personnel (including personnel to support monitoring 
activities by the Office of Pipeline Safety), the cost of tests or 
studies, and travel and administrative costs associated with the 
investigation.
    ``(2) The Secretary may not recover costs under this subsection 
with respect to an accident unless the accident--
            ``(A) results in death or personal injury; or
            ``(B) results in property damage (including the cost of any 
        lost natural gas or hazardous liquid) and environmental damage 
        (including the cost of any environmental remediation) in an 
        amount in excess of $250,000.
    ``(3) The amount that the Secretary may recover under this 
subsection with respect to an accident may not exceed $500,000.
    ``(4)(A) Amounts recovered by the Secretary under this subsection 
shall be available to the Secretary for purposes of the payment of the 
costs of investigating and overseeing responses to accidents under this 
subsection. Such funds shall be available to the Secretary for such 
purposes without fiscal year limitation.
    ``(B) Such amounts shall be used to supplement and not to supplant 
other funds made available to the Secretary for such purposes.''.

SEC. 3. GRANTS TO STATES AND ONE-CALL NOTIFICATION SYSTEMS TO PROMOTE 
              USE OF SUCH SYSTEMS.

    (a) Grants to States.--Subsection (b) of section 60114 of title 49, 
United States Code, is amended by adding at the end the following: 
``The Secretary may make a grant to a State for development and 
establishment of a one-call notification system only if the State 
ensures that the cost of establishing and operating the system are 
shared equitably by persons owning or operating underground 
facilities.''.
    (b) Grants to Systems.--Such subsection is further amended--
            (1) by inserting ``(1)'' after ``Grants.--''; and
            (2) by adding at the end the following:
    ``(2)(A) The Secretary may also make grants to one-call 
notification systems for activities relating to the promotion of the 
utilization of such systems.
    ``(B) The Secretary shall ensure that the Federal share of the cost 
of the activities referred to in subparagraph (A) under any grant made 
under this paragraph does not exceed 50 percent of the cost of such 
activities.''.
    (c) Sanctions.--Subsection (a)(9) of such section is amended by 
inserting ``, or that would provide for effective civil or criminal 
penalty sanctions or equitable relief appropriate to the nature of the 
offense'' after ``60123 of this title''.

SEC. 4. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.

    Section 60117(a) of title 49, United States Code, is amended by 
inserting after ``and training activities'' the following: ``and 
promotional activities relating to prevention of damage to pipeline 
facilities''.

SEC. 5. ELECTRONIC DATA ON PIPELINE FACILITIES FOR RISK ASSESSMENT AND 
              SAFETY PLANNING.

    (a) Authority To Develop.--The Secretary of Transportation may 
develop an electronic data base containing uniform information on the 
nature, extent, and geographic location of pipeline facilities. The 
purpose of the data base shall be to provide information on such 
facilities to the Secretary, owners of pipeline facilities, as persons 
engaged in transporting gas or hazardous liquids through pipeline 
facilities, and for secured use by State agencies concerned with land 
use planning, environmental regulation, and pipeline regulatory 
oversight, in order to facilitate risk assessment and safety planning 
with respect to such facilities.
    (b) Contract and Grant Authority.--(1) Subject to paragraph (2), 
the Secretary may develop the data base described under subsection (a) 
by entering into contracts or cooperative agreements with any entity 
that the Secretary determines appropriate for that purpose and by 
making grants to States or institutions of higher education for that 
purpose.
    (2) The Secretary shall ensure that the Federal share of the cost 
of any activities carried out under a grant or cooperative agreement 
made under this subsection does not exceed 50 percent of the cost of 
such activities.
    (c) Use of Geographic Information System Technology.--In developing 
the data base described in subsection (a), the Secretary shall, to the 
maximum extent practicable, develop a data base that--
            (1) utilizes Geographic Information System technology or 
        any similar technology providing data of an equivalent quality 
        and usefulness; and
            (2) permits ready incorporation of data and information 
        from a variety of sources.
    (d) Definition.--For purposes of this section, the term ``pipeline 
facility'' has the meaning given such term in section 60101 of title 
49, United States Code.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Natural Gas.--(1) Section 60125(a) of title 49, United States 
Code, is amended by adding after paragraph (3) the following new 
paragraphs:
            ``(4) $20,000,000 for the fiscal year ending September 30, 
        1996.
            ``(5) $30,000,000 for the fiscal year ending September 30, 
        1997.
            ``(6) $35,000,000 for the fiscal year ending September 30, 
        1998.''.
    (2) Section 60125(c)(1) of title 49, United States Code, is amended 
by adding after subparagraph (C) the following new subparagraphs:
            ``(D) $16,500,000 for the fiscal year ending September 30, 
        1996.
            ``(E) $19,000,000 for the fiscal year ending September 30, 
        1997.
            ``(F) $21,500,000 for the fiscal year ending September 30, 
        1998.''.
    (b) Hazardous Liquid.--Section 60125(b) of title 49, United States 
Code, is amended by adding after paragraph (3) the following new 
paragraphs:
            ``(4) $7,000,000 for the fiscal year ending September 30, 
        1996.
            ``(5) $10,000,000 for the fiscal year ending September 30, 
        1997.
            ``(6) $11,000,000 for the fiscal year ending September 30, 
        1998.''.

SEC. 7. SITING OF INTERSTATE PIPELINE FACILITIES.

    (a) Siting Guidelines.--Within 2 years after the date of enactment 
of this Act, the Federal Energy Regulatory Commission shall review its 
practices and guidelines for siting interstate gas pipeline facilities 
in urban areas to determine whether changes are needed in the areas 
of--
            (1) selecting routes for pipelines; and
            (2) determining the appropriate width of rights-of-way.
    (b) Educational Information for Local Jurisdictions.--(1)(A) Within 
2 years after the date of enactment of this Act, the Secretary of 
Transportation, in consultation with the Federal Energy Regulatory 
Commission, shall make educational information available, regarding 
interstate gas pipeline facilities permits and rights-of-way and issues 
with respect to development in the vicinity of such interstate gas 
pipeline facilities, for distribution to appropriate agencies of local 
governments with jurisdiction over the lands through which interstate 
gas pipeline facilities pass.
    (B) For purposes of this section, the term ``interstate gas 
pipeline facility'' has the meaning given such term in section 60101 of 
title 49, United States Code.
    (2)(A) Within 2 years after the date of enactment of this Act, the 
Secretary of Transportation shall make educational information 
available, regarding interstate hazardous liquid pipeline facilities 
rights-of-way and issues with respect to development in the vicinity of 
such interstate pipeline facilities, for distribution to appropriate 
agencies of local governments with jurisdiction over the lands through 
which interstate hazardous liquid pipeline facilities pass.
    (B) For purposes of this paragraph, the term ``interstate hazardous 
liquid pipeline facility'' has the meaning given such term in section 
60101 of title 49, United States Code.
    (3) There are authorized to be appropriated to the Secretary of 
Transportation for carrying out this subsection, $2,000,000, to remain 
available until expended.

SEC. 8. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

    (a) Amendment.--Chapter 601 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 60126. Dumping within pipeline rights-of-way
    ``(a) Prohibition.--No person shall excavate within the right-of-
way of an interstate gas pipeline facility or interstate hazardous 
liquid pipeline facility, or any other limited area in the vicinity of 
any such interstate pipeline facility established by the Secretary of 
Transportation, and dispose solid waste therein.
    ``(b) Definition.--For purposes of this section, the term `solid 
waste' has the meaning given such term in section 1004(27) of the Solid 
Waste Disposal Act (42 U.S.C. 6903(27)).''.
    (b) Conforming Amendments.--(1) Sections 60122 and 60123 of title 
49, United States Code, are amended by striking ``or 60118(a)'' and 
inserting in lieu thereof ``, 60118(a), or 60126''.
    (2) The table of sections of chapter 601 of such title is amended 
by adding at the end the following new item:

``60126. Dumping within pipeline rights-of-way.''.

SEC. 9. PERIODIC INSPECTION BY INSTRUMENTED INTERNAL INSPECTION 
              DEVICES.

    Section 60102(f)(2) of title 49, United States Code, is amended--
            (1) by striking ``October 24, 1995'' and inserting in lieu 
        thereof ``1 year after the date of the enactment of the Natural 
        Gas Pipeline Safety Improvement Act of 1995''; and
            (2) in the first sentence, by inserting ``, and shall 
        prescribe a schedule or schedules for such inspections'' after 
        ``60109 of this title''.

SEC. 10. PROMOTING PUBLIC AWARENESS FOR NEIGHBORS OF PIPELINES.

    Section 60116 of title 49, United States Code, is amended--
            (1) by inserting ``(a) Gas Leaks.--'' before ``Under 
        regulations the Secretary''; and
            (2) by adding at the end the following new subsections:
    ``(b) Promoting Public Awareness for Neighbors of Pipelines.--Not 
later than 1 year after the date of enactment of this subsection, and 
annually thereafter, the owner or operator of each interstate gas 
pipeline facility or interstate hazardous liquid pipeline facility 
shall notify all residents within 1000 yards, or such other distance as 
the Secretary of Transportation determines appropriate, of such 
interstate pipeline facility of--
            ``(1) the general location of the interstate pipeline 
        facility;
            ``(2) a request for reporting of any instances of 
        excavation or dumping on or near the interstate pipeline 
        facility;
            ``(3) a phone number to use to make such reports; and
            ``(4) appropriate procedures for such residents to follow 
        in response to accidents concerning interstate pipeline 
        facilities.
    ``(c) Public Education.--The Secretary of Transportation shall 
develop, in conjunction with appropriate representatives of the natural 
gas pipeline industry and the hazardous liquid pipeline industry, 
public service announcements to be broadcast or published to educate 
the public about pipeline safety.''.

SEC. 11. REMOTELY OR AUTOMATICALLY CONTROLLED VALVES.

    Section 60102 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(l) Remotely or Automatically Controlled Valves.--Not later than 
18 months after the date of enactment of this subsection, the Secretary 
of Transportation shall prescribe regulations requiring the 
installation and use, wherever technically and economically feasible, 
of remotely or automatically controlled valves that are reliable and 
capable of shutting off the flow of gas in the event of an accident, 
including accidents in which there is a loss of the primary power 
source. In developing proposed regulations, the Secretary shall consult 
with, and give special consideration to recommendations of, appropriate 
groups from the gas pipeline industry, such as the Gas Research 
Institute.''.

SEC. 12. BASELINE INFORMATION.

    Section 60102(f) of title 49, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3) Before transporting natural gas or hazardous liquid through a 
pipeline which, because of its design, construction, or replacement, is 
required by regulations issued under paragraph (1) to accommodate the 
passage of instrumented internal inspection devices, the owner or 
operator of such pipeline shall, using such a device, obtain baseline 
information with respect to the safety of the pipeline.''.
                                 <all>
```