II 

116TH CONGRESS 

1ST SESSION S. 1097 

To amend title 49, United States Code, to improve pipeline safety, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 9, 2019 

Mr. MARKEY (for himself, Ms. WARREN, and Mr. BLUMENTHAL) introduced 

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

on Commerce, Science, and Transportation 

A BILL 

To amend title 49, United States Code, to improve pipeline 

safety, 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 ‘‘Leonel Rondon Pipe5 line Safety Act’’. 

6 SEC. 2. DISTRIBUTION INTEGRITY MANAGEMENT PLANS. 

7 (a) IN GENERAL.—Section 60109(e) of title 49, 

8 United States Code, is amended by adding at the end the 

9 following: 

10 ‘‘(7) IN GENERAL.— 


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1 ‘‘(A) EVALUATION OF RISK.—Not later 

2 than 1 year after the date of enactment of this 

3 paragraph, the Secretary shall promulgate regu4 lations that ensure that each distribution integ5 rity management plan developed by an operator 

6 of a distribution pipeline includes an evaluation 

7 of— 

8 ‘‘(i) the risks resulting from the pres9 ence of cast iron pipes and mains in the 

10 distribution system; and 

11 ‘‘(ii) the risks that could lead to or re12 sult from the operation of a distribution 

13 pipeline above the maximum allowable op14 erating pressure (as described in section 

15 192.619 of title 49, Code of Federal Regu16 lations (or successor regulations)). 

17 ‘‘(B) CONSIDERATION.—In the evaluations 

18 required in a plan under subparagraph (A), the 

19 regulations promulgated by the Secretary shall 

20 ensure that the distribution integrity manage21 ment plan evaluates future potential threats in 

22 a manner that considers factors other than past 

23 observed abnormal operating conditions (as de24 fined in section 192.803 of title 49, Code of 

25 Federal Regulations (or successor regulations)) 


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1 in ranking risks and identifying measures to 

2 mitigate those risks under that subparagraph, 

3 so that operators avoid using a risk rating of 

4 zero for low probability events unless otherwise 

5 supported by engineering analysis. 

6 ‘‘(C) DEADLINES.— 

7 ‘‘(i) IN GENERAL.—Not later than 

8 180 days after the date of enactment of 

9 this paragraph, each operator of a dis10 tribution pipeline shall submit to the Sec11 retary or to the relevant certified State au12 thority, if applicable, a copy of— 

13 ‘‘(I) the distribution integrity 

14 management plan of the operator; 

15 ‘‘(II) the emergency response 

16 plan under section 192.615 of title 49, 

17 Code of Federal Regulations (or suc18 cessor regulations); and 

19 ‘‘(III) the procedural manual for 

20 operations, maintenance, and emer21 gencies under section 192.605 of title 

22 49, Code of Federal Regulations (or 

23 successor regulations). 

24 ‘‘(ii) UPDATES.—Each operator of a 

25 distribution pipeline shall submit to the 


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1 Secretary an updated plan or manual de2 scribed in clause (i) by not later than 60 

3 days after the date of the update.’’. 

4 (b) MONITORING.—Section 60105(e) of title 49, 

5 United States Code, is amended— 

6 (1) in the second sentence, by striking ‘‘A 

7 State’’ and inserting the following: 

8 ‘‘(2) COOPERATION.—A State’’; 

9 (2) by striking ‘‘The Secretary’’ and inserting 

10 the following: 

11 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

13 ‘‘(3) AUDIT PROGRAM.—Not later than 1 year 

14 after the date of enactment of this paragraph, the 

15 Secretary shall promulgate regulations to update the 

16 annual State Program Evaluations to— 

17 ‘‘(A) ensure that a State authority has the 

18 capability to sufficiently review and evaluate the 

19 adequacy of the plans and manuals described in 

20 section 60109(e)(7)(C)(i); and 

21 ‘‘(B) require that a State authority has a 

22 sufficient number of inspectors to ensure safe 

23 operations, as determined by a formula that 

24 takes into account factors including but not 

25 limited to— 


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1 ‘‘(i) the number of miles of cast iron 

2 pipe in the State; 

3 ‘‘(ii) the number of customers in the 

4 State; 

5 ‘‘(iii) population density in areas with 

6 gas distribution pipeline; 

7 ‘‘(iv) the age of the gas distribution 

8 system in the State; and 

9 ‘‘(v) environmental factors, including 

10 relevant geological issues.’’. 

11 SEC. 3. EMERGENCY RESPONSE PLANS. 

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

13 amended by adding at the end the following: 

14 ‘‘(q) EMERGENCY RESPONSE PLANS.—Not later 

15 than 1 year after the date of the enactment of this sub16 section, the Secretary shall promulgate regulations to en17 sure that each emergency response plan under section 

18 192.615 of title 49, Code of Federal Regulations (or suc19 cessor regulations), developed by an operator of a distribu20 tion pipeline includes written procedures for— 

21 ‘‘(1) establishing communication with fire, po22 lice, and other relevant public officials as soon as 

23 practicable, but not later than 30 minutes, after a 

24 gas pipeline emergency that— 


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1 ‘‘(A) includes fires, explosions, or one or 

2 more fatalities; or 

3 ‘‘(B) results in the shutdown of gas service 

4 to more than 100 customers; 

5 ‘‘(2) establishing public communication as soon 

6 as practicable and in consultation with fire, police, 

7 and other public officials after a gas pipeline emer8 gency that— 

9 ‘‘(A) includes fires, explosions, or one or 

10 more fatalities; or 

11 ‘‘(B) results in the shutdown of gas service 

12 to more than 100 customers; and 

13 ‘‘(3) the development and implementation of a 

14 voluntary, opt-in system that would allow operators 

15 of distribution pipelines to rapidly communicate with 

16 customers in the event of an emergency.’’. 

17 SEC. 4. OPERATIONS AND MAINTENANCE MANUALS. 

18 Section 60102 of title 49, United States Code (as 

19 amended by section 3), is amended by adding at the end 

20 the following: 

21 ‘‘(r) OPERATIONS AND MAINTENANCE MANUALS.— 

22 Not later than 1 year after the date of enactment of this 

23 subsection, the Secretary shall promulgate regulations to 

24 ensure that each procedural manual for operations, main25 tenance, and emergencies under section 192.605 of title 


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1 49, Code of Federal Regulations (or successor regula2 tions), developed by an operator of a distribution pipeline 

3 includes written procedures for— 

4 ‘‘(1) responding to overpressurization alarms, 

5 including a clear timeline and order of operations for 

6 shutting down portions of the gas distribution sys7 tem, if necessary; and 

8 ‘‘(2) a detailed procedure for a management of 

9 change process, which shall be applied to all changes 

10 to the distribution system, and which shall ensure 

11 that relevant employees of an operator of a distribu12 tion pipeline, as determined through the regulations, 

13 review construction documents for accuracy, com14 pleteness, and correctness.’’. 

15 SEC. 5. PIPELINE SAFETY MANAGEMENT SYSTEMS. 

16 Section 60102 of title 49, United States Code (as 

17 amended by section 4), is amended by adding at the end 

18 the following: 

19 ‘‘(s) PIPELINE SAFETY MANAGEMENT SYSTEMS.— 

20 ‘‘(1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this subsection, the Sec22 retary shall promulgate regulations directing each 

23 operator of a distribution pipeline to develop and im24 plement a pipeline safety management systems 

25 framework in accordance with Recommended PracVerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097

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1 tice 1173 of the American Petroleum Institute (API 

2 RP 1173). 

3 ‘‘(2) UPDATES.—The Secretary may periodi4 cally revise such regulations to adopt new best in5 dustry practices for promoting safety management 

6 systems, as appropriate. 

7 ‘‘(3) SUBMISSION.—Each operator of a dis8 tribution pipeline shall submit to the Secretary or 

9 the relevant State authority, as certified under sec10 tion 60105 of title 49, United States Code— 

11 ‘‘(A) a copy of the pipeline safety manage12 ment systems framework developed under para13 graph (1) by not later than 2 years after the 

14 date of enactment of this subsection; and 

15 ‘‘(B) any updates to the framework de16 scribed in subparagraph (A) by not later than 

17 3 years after the date of enactment of this sub18 section after the update. 

19 ‘‘(4) EVALUATION AND CERTIFICATION.— 

20 Under a timeline established by the Secretary 

21 through regulation, the Secretary or the relevant 

22 State authority, as certified under section 60105 of 

23 title 49, United States Code, shall— 

24 ‘‘(A) evaluate pipeline safety management 

25 systems frameworks developed under paragraph 


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1 (1), including by using independent third-party 

2 evaluators if necessary; and 

3 ‘‘(B) certify that— 

4 ‘‘(i) those frameworks are effective 

5 and complete; and 

6 ‘‘(ii) operators of distribution pipe7 lines are in compliance with those frame8 works.’’. 

9 SEC. 6. PIPELINE SAFETY PRACTICES. 

10 Section 60102 of title 49, United States Code (as 

11 amended by section 5), is amended by adding at the end 

12 the following: 

13 ‘‘(t) OTHER PIPELINE SAFETY PRACTICES.— 

14 ‘‘(1) RECORDS.—Not later than 180 days after 

15 the date of enactment of this subsection, the Sec16 retary shall promulgate regulations to require an op17 erator of a distribution pipeline— 

18 ‘‘(A) to develop and maintain traceable, re19 liable, complete, and up-to-date records of the 

20 gas distribution system in each region of oper21 ation that depict high-, medium-, and low-gas 

22 pressure systems, including maps and other 

23 drawings; and 

24 ‘‘(B) to ensure that the records described 

25 in subparagraph (A) are accessible to all emVerDate Sep 11 2014 19:27 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1097.IS S1097

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1 ployees of the operator and provided to the Sec2 retary or the relevant State authority. 

3 ‘‘(2) APPROVAL OF CERTAIN ACTIVITIES.— 

4 ‘‘(A) IN GENERAL.—Not later than 1 year 

5 after the date of enactment of this subsection, 

6 the Secretary shall promulgate regulations to 

7 require that, before carrying out any covered 

8 task (as defined in section 192.801(b) of title 

9 49, Code of Federal Regulations (or successor 

10 regulations)), the covered task is approved by a 

11 professional engineer licensed to practice in the 

12 State in which it is to be carried out. 

13 ‘‘(B) INCLUSION.—In promulgating regula14 tions under subparagraph (A), the Secretary 

15 shall ensure that professional engineers are pro16 vided access to all relevant records and prior 

17 work plans needed to certify the safety of the 

18 covered task. 

19 ‘‘(C) APPLICATION.—The following provi20 sions shall not apply to a standard promulgated 

21 under subparagraph (A): 

22 ‘‘(i) Subsections (c) and (d) of section 

23 60118. 

24 ‘‘(ii) Section 60131(e)(5). 

25 ‘‘(3) PRESENCE OF QUALIFIED EMPLOYEES.— 


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1 ‘‘(A) IN GENERAL.—Not later than 180 

2 days after the date of enactment of this sub3 section, the Secretary shall promulgate regula4 tions to require that not less than 1 employee 

5 of an operator of a distribution pipeline who is 

6 qualified to perform relevant covered tasks (as 

7 defined in section 192.801(b) of title 49, Code 

8 of Federal Regulations (or successor regula9 tions)), shall monitor gas pressure and have the 

10 capability to shut down the flow of gas at a dis11 trict regulator station during any construction 

12 project that has the potential to cause a haz13 ardous over-pressurization at that station, in14 cluding tie-ins and abandonment of distribution 

15 lines and mains, based on an evaluation of 

16 threats that could result in unsafe operation 

17 conducted by the operator. 

18 ‘‘(B) EXCLUSION.—In promulgating regu19 lations under subparagraph (A), the Secretary 

20 shall ensure that those regulations do not apply 

21 to a district regulating station that has a moni22 toring system and the capability for remote or 

23 automatic shutoff. 

24 ‘‘(4) DISTRICT REGULATOR STATIONS.— 


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1 ‘‘(A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this subsection, 

3 the Secretary shall promulgate regulations to 

4 require that each operator of a distribution 

5 pipeline assesses and upgrades, as appropriate, 

6 each district regulator station of the operator to 

7 ensure that— 

8 ‘‘(i) there is no possibility for a com9 mon mode of failure in the regulator tech10 nology of the station that could lead to an 

11 operating pressure that is greater than the 

12 maximum allowable operating pressure (as 

13 described in section 192.619 of title 49, 

14 Code of Federal Regulations (or successor 

15 regulations)); 

16 ‘‘(ii) the station has monitoring tech17 nology that provides constant awareness of 

18 gas pressure at the station; and 

19 ‘‘(iii) the station has additional pres20 sure-relieving safety technology, such as a 

21 relief valve or automatic shutoff valve, as 

22 appropriate for the configuration and 

23 siting of the station. 

24 ‘‘(5) MINIMUM STAFFING REQUIREMENTS.— 


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1 ‘‘(A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this subsection, 

3 the Secretary shall promulgate regulations to 

4 promote sufficient staffing for monitoring and 

5 regulating gas pressure levels by each operator 

6 of a distribution pipeline. 

7 ‘‘(B) INCLUSIONS.—Regulations promul8 gated under subparagraph (A) shall consider— 

9 ‘‘(i) the total miles of gas main and 

10 service pipeline within the service area of 

11 the operator of the distribution pipeline; 

12 ‘‘(ii) the age and material of the pipes 

13 within the service area of the operator of 

14 the distribution pipeline; and 

15 ‘‘(iii) the number and density of cus16 tomers within the service area of the oper17 ator of the distribution pipeline.’’. 

18 SEC. 7. CIVIL PENALTIES. 

19 Section 60122(a)(1) of title 49, United States Code, 

20 is amended— 

21 (1) in the first sentence, by striking 

22 ‘‘$200,000’’ and inserting ‘‘$20,000,000’’; 

23 (2) in the third sentence, by striking 

24 ‘‘$2,000,000’’ and inserting ‘‘$200,000,000’’; and 


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1 (3) by adding at the end the following: ‘‘The 

2 Secretary shall annually adjust the penalties under 

3 this paragraph for inflation.’’. 

Æ 


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