I

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.

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 ‘‘Natural Gas Pipeline

5 Safety Improvement Act of 1995’’.
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1 SEC. 2. RECOVERY BY SECRETARY OF TRANSPORTATION

2 OF COSTS OF INVESTIGATION OF CERTAIN

3 PIPELINE ACCIDENTS.

4 Section 60117 of title 49, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(k)(1)(A) Subject to paragraphs (2) and (3), the

7 Secretary of Transportation may recover from any person

8 who engages in the transportation of gas or hazardous liq9 uid, or who owns or operates pipeline facilities, the costs

10 incurred by the Secretary—

11 ‘‘(i) in investigating an accident with respect to

12 such transportation or facilities; and

13 ‘‘(ii) in overseeing the response of the person to

14 the accident.

15 ‘‘(B) For the purposes of this paragraph, the costs

16 incurred by the Secretary in an investigation of an acci17 dent may include the cost of hiring additional personnel

18 (including personnel to support monitoring activities by

19 the Office of Pipeline Safety), the cost of tests or studies,

20 and travel and administrative costs associated with the

21 investigation.

22 ‘‘(2) The Secretary may not recover costs under this

23 subsection with respect to an accident unless the

24 accident—

25 ‘‘(A) results in death or personal injury; or
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1 ‘‘(B) results in property damage (including the

2 cost of any lost natural gas or hazardous liquid) and

3 environmental damage (including the cost of any en4 vironmental remediation) in an amount in excess of

5 $250,000.

6 ‘‘(3) The amount that the Secretary may recover

7 under this subsection with respect to an accident may not

8 exceed $500,000.

9 ‘‘(4)(A) Amounts recovered by the Secretary under

10 this subsection shall be available to the Secretary for pur11 poses of the payment of the costs of investigating and

12 overseeing responses to accidents under this subsection.

13 Such funds shall be available to the Secretary for such

14 purposes without fiscal year limitation.

15 ‘‘(B) Such amounts shall be used to supplement and

16 not to supplant other funds made available to the Sec17 retary for such purposes.’’.

18 SEC. 3. GRANTS TO STATES AND ONE-CALL NOTIFICATION

19 SYSTEMS TO PROMOTE USE OF SUCH SYS20 TEMS.

21 (a) GRANTS TO STATES.—Subsection (b) of section

22 60114 of title 49, United States Code, is amended by add23 ing at the end the following: ‘‘The Secretary may make

24 a grant to a State for development and establishment of

25 a one-call notification system only if the State ensures that
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1 the cost of establishing and operating the system are

2 shared equitably by persons owning or operating under3 ground facilities.’’.

4 (b) GRANTS TO SYSTEMS.—Such subsection is fur5 ther amended—

6 (1) by inserting ‘‘(1)’’ after ‘‘GRANTS.—’’; and

7 (2) by adding at the end the following:

8 ‘‘(2)(A) The Secretary may also make grants to one9 call notification systems for activities relating to the pro10 motion of the utilization of such systems.

11 ‘‘(B) The Secretary shall ensure that the Federal

12 share of the cost of the activities referred to in subpara13 graph (A) under any grant made under this paragraph

14 does not exceed 50 percent of the cost of such activities.’’.

15 (c) SANCTIONS.—Subsection (a)(9) of such section is

16 amended by inserting ‘‘, or that would provide for effective

17 civil or criminal penalty sanctions or equitable relief ap18 propriate to the nature of the offense’’ after ‘‘60123 of

19 this title’’.

20 SEC. 4. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.

21 Section 60117(a) of title 49, United States Code, is

22 amended by inserting after ‘‘and training activities’’ the

23 following: ‘‘and promotional activities relating to preven24 tion of damage to pipeline facilities’’.
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1 SEC. 5. ELECTRONIC DATA ON PIPELINE FACILITIES FOR

2 RISK ASSESSMENT AND SAFETY PLANNING.

3 (a) AUTHORITY TO DEVELOP.—The Secretary of

4 Transportation may develop an electronic data base con5 taining uniform information on the nature, extent, and ge6 ographic location of pipeline facilities. The purpose of the

7 data base shall be to provide information on such facilities

8 to the Secretary, owners of pipeline facilities, as persons

9 engaged in transporting gas or hazardous liquids through

10 pipeline facilities, and for secured use by State agencies

11 concerned with land use planning, environmental regula12 tion, and pipeline regulatory oversight, in order to facili13 tate risk assessment and safety planning with respect to

14 such facilities.

15 (b) CONTRACT AND GRANT AUTHORITY.—(1) Sub16 ject to paragraph (2), the Secretary may develop the data

17 base described under subsection (a) by entering into con18 tracts or cooperative agreements with any entity that the

19 Secretary determines appropriate for that purpose and by

20 making grants to States or institutions of higher edu21 cation for that purpose.

22 (2) The Secretary shall ensure that the Federal share

23 of the cost of any activities carried out under a grant or

24 cooperative agreement made under this subsection does

25 not exceed 50 percent of the cost of such activities.
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1 (c) USE OF GEOGRAPHIC INFORMATION SYSTEM

2 TECHNOLOGY.—In developing the data base described in

3 subsection (a), the Secretary shall, to the maximum extent

4 practicable, develop a data base that—

5 (1) utilizes Geographic Information System

6 technology or any similar technology providing data

7 of an equivalent quality and usefulness; and

8 (2) permits ready incorporation of data and in9 formation from a variety of sources.

10 (d) DEFINITION.—For purposes of this section, the

11 term ‘‘pipeline facility’’ has the meaning given such term

12 in section 60101 of title 49, United States Code.

13 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

14 (a) NATURAL GAS.—(1) Section 60125(a) of title 49,

15 United States Code, is amended by adding after para16 graph (3) the following new paragraphs:

17 ‘‘(4) $20,000,000 for the fiscal year ending

18 September 30, 1996.

19 ‘‘(5) $30,000,000 for the fiscal year ending

20 September 30, 1997.

21 ‘‘(6) $35,000,000 for the fiscal year ending

22 September 30, 1998.’’.

23 (2) Section 60125(c)(1) of title 49, United States

24 Code, is amended by adding after subparagraph (C) the

25 following new subparagraphs:
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1 ‘‘(D) $16,500,000 for the fiscal year ending

2 September 30, 1996.

3 ‘‘(E) $19,000,000 for the fiscal year ending

4 September 30, 1997.

5 ‘‘(F) $21,500,000 for the fiscal year ending

6 September 30, 1998.’’.

7 (b) HAZARDOUS LIQUID.—Section 60125(b) of title

8 49, United States Code, is amended by adding after para9 graph (3) the following new paragraphs:

10 ‘‘(4) $7,000,000 for the fiscal year ending Sep11 tember 30, 1996.

12 ‘‘(5) $10,000,000 for the fiscal year ending

13 September 30, 1997.

14 ‘‘(6) $11,000,000 for the fiscal year ending

15 September 30, 1998.’’.

16 SEC. 7. SITING OF INTERSTATE PIPELINE FACILITIES.

17 (a) SITING GUIDELINES.—Within 2 years after the

18 date of enactment of this Act, the Federal Energy Regu19 latory Commission shall review its practices and guidelines

20 for siting interstate gas pipeline facilities in urban areas

21 to determine whether changes are needed in the areas of—

22 (1) selecting routes for pipelines; and

23 (2) determining the appropriate width of rights24 of-way.
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1 (b) EDUCATIONAL INFORMATION FOR LOCAL JURIS2 DICTIONS.—(1)(A) Within 2 years after the date of enact3 ment of this Act, the Secretary of Transportation, in con4 sultation with the Federal Energy Regulatory Commis5 sion, shall make educational information available, regard6 ing interstate gas pipeline facilities permits and rights-of7 way and issues with respect to development in the vicinity

8 of such interstate gas pipeline facilities, for distribution

9 to appropriate agencies of local governments with jurisdic10 tion over the lands through which interstate gas pipeline

11 facilities pass.

12 (B) For purposes of this section, the term ‘‘interstate

13 gas pipeline facility’’ has the meaning given such term in

14 section 60101 of title 49, United States Code.

15 (2)(A) Within 2 years after the date of enactment

16 of this Act, the Secretary of Transportation shall make

17 educational information available, regarding interstate

18 hazardous liquid pipeline facilities rights-of-way and issues

19 with respect to development in the vicinity of such inter20 state pipeline facilities, for distribution to appropriate

21 agencies of local governments with jurisdiction over the

22 lands through which interstate hazardous liquid pipeline

23 facilities pass.

24 (B) For purposes of this paragraph, the term ‘‘inter25 state hazardous liquid pipeline facility’’ has the meaning
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1 given such term in section 60101 of title 49, United States

2 Code.

3 (3) There are authorized to be appropriated to the

4 Secretary of Transportation for carrying out this sub5 section, $2,000,000, to remain available until expended.

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

7 (a) AMENDMENT.—Chapter 601 of title 49, United

8 States Code, is amended by adding at the end the follow9 ing new section:

10 ‘‘§ 60126. Dumping within pipeline rights-of-way

11 ‘‘(a) PROHIBITION.—No person shall excavate within

12 the right-of-way of an interstate gas pipeline facility or

13 interstate hazardous liquid pipeline facility, or any other

14 limited area in the vicinity of any such interstate pipeline

15 facility established by the Secretary of Transportation,

16 and dispose solid waste therein.

17 ‘‘(b) DEFINITION.—For purposes of this section, the

18 term ‘solid waste’ has the meaning given such term in sec19 tion 1004(27) of the Solid Waste Disposal Act (42 U.S.C.

20 6903(27)).’’.

21 (b) CONFORMING AMENDMENTS.—(1) Sections

22 60122 and 60123 of title 49, United States Code, are

23 amended by striking ‘‘or 60118(a)’’ and inserting in lieu

24 thereof ‘‘, 60118(a), or 60126’’.
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1 (2) The table of sections of chapter 601 of such title

2 is amended by adding at the end the following new item:

‘‘60126. Dumping within pipeline rights-of-way.’’.

3 SEC. 9. PERIODIC INSPECTION BY INSTRUMENTED INTER4 NAL INSPECTION DEVICES.

5 Section 60102(f)(2) of title 49, United States Code,

6 is amended—

7 (1) by striking ‘‘October 24, 1995’’ and insert8 ing in lieu thereof ‘‘1 year after the date of the en9 actment of the Natural Gas Pipeline Safety Im10 provement Act of 1995’’; and

11 (2) in the first sentence, by inserting ‘‘, and

12 shall prescribe a schedule or schedules for such in13 spections’’ after ‘‘60109 of this title’’.

14 SEC. 10. PROMOTING PUBLIC AWARENESS FOR NEIGHBORS

15 OF PIPELINES.

16 Section 60116 of title 49, United States Code, is

17 amended—

18 (1) by inserting ‘‘(a) GAS LEAKS.—’’ before

19 ‘‘Under regulations the Secretary’’; and

20 (2) by adding at the end the following new sub21 sections:

22 ‘‘(b) PROMOTING PUBLIC AWARENESS FOR NEIGH23 BORS OF PIPELINES.—Not later than 1 year after the date

24 of enactment of this subsection, and annually thereafter,

25 the owner or operator of each interstate gas pipeline facil-
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1 ity or interstate hazardous liquid pipeline facility shall no2 tify all residents within 1000 yards, or such other distance

3 as the Secretary of Transportation determines appro4 priate, of such interstate pipeline facility of—

5 ‘‘(1) the general location of the interstate pipe6 line facility;

7 ‘‘(2) a request for reporting of any instances of

8 excavation or dumping on or near the interstate

9 pipeline facility;

10 ‘‘(3) a phone number to use to make such re11 ports; and

12 ‘‘(4) appropriate procedures for such residents

13 to follow in response to accidents concerning inter14 state pipeline facilities.

15 ‘‘(c) PUBLIC EDUCATION.—The Secretary of Trans16 portation shall develop, in conjunction with appropriate

17 representatives of the natural gas pipeline industry and

18 the hazardous liquid pipeline industry, public service an19 nouncements to be broadcast or published to educate the

20 public about pipeline safety.’’.

21 SEC. 11. REMOTELY OR AUTOMATICALLY CONTROLLED

22 VALVES.

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

24 amended by adding at the end the following new sub25 section:
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1 ‘‘(l) REMOTELY OR AUTOMATICALLY CONTROLLED

2 VALVES.—Not later than 18 months after the date of en3 actment of this subsection, the Secretary of Transpor4 tation shall prescribe regulations requiring the installation

5 and use, wherever technically and economically feasible,

6 of remotely or automatically controlled valves that are reli7 able and capable of shutting off the flow of gas in the

8 event of an accident, including accidents in which there

9 is a loss of the primary power source. In developing pro10 posed regulations, the Secretary shall consult with, and

11 give special consideration to recommendations of, appro12 priate groups from the gas pipeline industry, such as the

13 Gas Research Institute.’’.

14 SEC. 12. BASELINE INFORMATION.

15 Section 60102(f) of title 49, United States Code, is

16 amended by adding at the end the following new para17 graph:

18 ‘‘(3) Before transporting natural gas or hazardous

19 liquid through a pipeline which, because of its design, con20 struction, or replacement, is required by regulations issued

21 under paragraph (1) to accommodate the passage of in22 strumented internal inspection devices, the owner or oper23 ator of such pipeline shall, using such a device, obtain
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1 baseline information with respect to the safety of the pipe2 line.’’.

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