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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2845 Engrossed in House (EH)]

112th CONGRESS
  1st Session
                                H. R. 2845

_______________________________________________________________________

                                 AN ACT

 
 To amend title 49, United States Code, to provide for enhanced safety 
and environmental protection in pipeline transportation, to provide for 
   enhanced reliability in the transportation of the Nation's energy 
             products by pipeline, 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; AMENDMENT OF TITLE 49, UNITED STATES CODE; 
              DEFINITIONS; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety, 
Regulatory Certainty, and Job Creation Act of 2011''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.
    (c) Definitions.--Any term used in this Act that is defined in 
chapter 601 of title 49, United States Code, shall have the meaning 
given that term in that chapter.
    (d) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49, United States Code; 
                            definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Automatic and remote-controlled shut-off valves.
Sec. 5. Integrity management.
Sec. 6. Public education and awareness.
Sec. 7. Cast iron gas pipelines.
Sec. 8. Leak detection.
Sec. 9. Accident and incident notification.
Sec. 10. Transportation-related onshore facility response plan 
                            compliance.
Sec. 11. Transportation-related oil flow lines.
Sec. 12. Cost recovery for design reviews.
Sec. 13. Biofuel pipelines.
Sec. 14. Carbon dioxide pipelines.
Sec. 15. Study of transportation of diluted bitumen.
Sec. 16. Study of non-petroleum hazardous liquids transported by 
                            pipeline.
Sec. 17. Clarifications.
Sec. 18. Maintenance of effort.
Sec. 19. Administrative enforcement process.
Sec. 20. Gas and hazardous liquid gathering lines.
Sec. 21. Authorization of appropriations.

SEC. 2. CIVIL PENALTIES.

    (a) General Penalties; Penalty Considerations.--Section 60122 is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence by striking ``$100,000'' 
                and inserting ``$175,000''; and
                    (B) in the last sentence by striking ``$1,000,000'' 
                and inserting ``$1,750,000''; and
            (2) in subsection (b)(1)(B) by striking ``the ability to 
        pay,''.
    (b) Operator Assistance in Investigations.--Section 60118(e) is 
amended to read as follows:
    ``(e) Operator Assistance in Investigations.--
            ``(1) Assistance and access.--If the Secretary or the 
        National Transportation Safety Board investigates an accident 
        involving a pipeline facility, the operator of the facility 
        shall--
                    ``(A) make available to the Secretary or the Board 
                all records and information that in any way pertain to 
                the accident (including integrity management plans and 
                test results); and
                    ``(B) afford all reasonable assistance in the 
                investigation of the accident.
            ``(2) Operator assistance in investigations.--
                    ``(A) In general.--The Secretary may impose a civil 
                penalty under section 60122 on a person who obstructs 
                or prevents the Secretary from carrying out inspections 
                or investigations under this chapter.
                    ``(B) Definitions.--In this paragraph, the 
                following definitions apply:
                            ``(i) Obstructs.--The term `obstructs' 
                        includes actions that were known, or reasonably 
                        should have been known, to prevent, hinder, or 
                        impede an investigation without good cause.
                            ``(ii) Good cause.--The term `good cause' 
                        includes, at a minimum, restricting access to 
                        facilities that are not secure or safe for non-
                        pipeline personnel or visitors.''.
    (c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1) 
is amended by adding at the end the following: ``The maximum amount of 
civil penalties for administrative enforcement actions under section 
60122 shall not apply to enforcement actions under this section.''.
    (d) Judicial Review of Administrative Enforcement Orders.--Section 
60119(a) is amended--
            (1) in the subsection heading by striking ``and Waiver 
        Orders'' and inserting ``, Orders, and Other Final Agency 
        Actions''; and
            (2) by striking ``about an application for a waiver under 
        section 60118(c) or (d) of this title'' and inserting ``under 
        this chapter''.

SEC. 3. PIPELINE DAMAGE PREVENTION.

    (a) Minimum Standards for State One-Call Notification Programs.--
Section 6103(a) is amended to read as follows:
    ``(a) Minimum Standards.--
            ``(1) In general.--In order to qualify for a grant under 
        section 6106, a State one-call notification program, at a 
        minimum, shall provide for--
                    ``(A) appropriate participation by all underground 
                facility operators, including all government operators;
                    ``(B) appropriate participation by all excavators, 
                including all government and contract excavators; and
                    ``(C) flexible and effective enforcement under 
                State law with respect to participation in, and use of, 
                one-call notification systems.
            ``(2) Exemptions prohibited.--In order to qualify for a 
        grant under section 6106, a State one-call notification program 
        may not exempt municipalities, State agencies, or their 
        contractors from its one-call notification system 
        requirements.''.
    (b) State Damage Prevention Programs.--Section 60134(a) is 
amended--
            (1) in paragraph (1) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2)(B) by striking ``(b).'' and inserting 
        ``(b); and''; and
            (3) by adding at the end the following:
            ``(3) does not provide any exemptions to municipalities, 
        State agencies, or their contractors from its one-call 
        notification system requirements.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of enactment of this Act.
    (d) Third Party Damage.--
            (1) Study.--The Secretary of Transportation shall conduct a 
        study on the impact of third party damage on pipeline safety.
            (2) Contents.--The study shall include--
                    (A) an analysis of the frequency and severity of 
                different types of third party damage incidents;
                    (B) an analysis of exemptions to the one-call 
                notification system requirements in each State;
                    (C) a comparison of exemptions to the one-call 
                notification system requirements in each State to the 
                types of third party damage incidents in that State; 
                and
                    (D) an analysis of the potential safety benefits 
                and adverse consequences of eliminating all exemptions 
                for mechanized excavation from State one-call 
                notification systems.
            (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the House 
        of Representatives Committee on Transportation and 
        Infrastructure and Committee on Energy and Commerce and the 
        Senate Committee on Commerce, Science, and Transportation a 
        report on the results of the study.

SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

    Section 60102 is amended--
            (1) by striking subsection (j)(3); and
            (2) by adding at the end the following:
    ``(n) Automatic and Remote-Controlled Shut-Off Valves for New 
Transmission Pipelines.--
            ``(1) In general.--The Secretary may require by regulation, 
        if determined appropriate by the Secretary, the use of 
        automatic or remote-controlled shut-off valves, or equivalent 
        technology, where economically, technically, and operationally 
        feasible on transmission pipeline facilities constructed or 
        entirely replaced after the date on which the Secretary issues 
        the final rule containing such requirement.
            ``(2) Factors for consideration.--In determining whether to 
        proceed with a rulemaking under paragraph (1), the Secretary 
        shall consider the factors specified in subsection (b)(2).''.

SEC. 5. INTEGRITY MANAGEMENT.

    (a) Evaluation.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall evaluate--
            (1) whether integrity management system requirements, or 
        elements thereof, should be expanded beyond high consequence 
        areas; and
            (2) with respect to gas transmission pipeline facilities, 
        whether applying integrity management program requirements, or 
        elements thereof, to additional areas would mitigate the need 
        for class location requirements.
    (b) Repair Criteria.--In conducting the evaluation under subsection 
(a), the Secretary shall consider applying repair criteria, such as 
pressure reductions and special requirements for scheduling 
remediation, to areas that are not high consequence areas.
    (c) Report.--Based on the evaluation to be conducted under 
subsection (a), the Secretary shall submit to the House of 
Representatives Committee on Transportation and Infrastructure and 
Committee on Energy and Commerce and the Senate Committee on Commerce, 
Science, and Transportation a report containing the Secretary's 
analysis and findings regarding--
            (1) expansion of integrity management requirements, or 
        elements thereof, beyond high consequence areas; and
            (2) with respect to gas transmission pipeline facilities, 
        whether applying the integrity management program requirements, 
        or elements thereof, to additional areas would mitigate the 
        need for class location requirements.
    (d) Data Reporting.--The Secretary shall collect any relevant data 
necessary to complete the evaluation required by subsection (a).
    (e) Technical Correction.--Section 60109(c)(3)(B) is amended to 
read as follows:
                    ``(B) Subject to paragraph (5), periodic 
                reassessments of the facility, at a minimum of once 
                every 7 calendar years, using methods described in 
                subparagraph (A). Such deadline shall be extended for 
                an additional 6 months if the operator submits written 
                notice to the Secretary that includes an explanation of 
                the need for the extension.''.
    (f) Rulemaking Requirements.--
            (1) Review period defined.--In this subsection, the term 
        ``review period'' means the period beginning on the date of 
        enactment of this Act and ending on the earlier of--
                    (A) the date that is 1 year after the date of 
                completion of the report under subsection (c); or
                    (B) the date that is 3 years after the date of 
                enactment of this Act.
            (2) Congressional authority.--In order to provide Congress 
        the necessary time to review the results of the report required 
        by subsection (c) and implement appropriate recommendations, 
        the Secretary shall not, during the review period, proceed with 
        a rulemaking to prescribe regulations described in paragraph 
        (3).
            (3) Standards.--Following the review period, the Secretary 
        may, as appropriate, prescribe regulations that--
                    (A) expand integrity management system 
                requirements, or elements thereof, beyond high 
                consequence areas; and
                    (B) remove redundant class location requirements 
                for gas transmission pipeline facilities that are 
                regulated under an integrity management program adopted 
                and implemented under section 60109(c)(2) of title 49, 
                United States Code.
            (4) Savings clause.--
                    (A) In general.--Notwithstanding any other 
                provision of this subsection, the Secretary, during the 
                review period, may proceed to a rulemaking to prescribe 
                regulations described in paragraph (3), and may 
                prescribe the regulations, if the Secretary determines 
                that a condition that poses a risk to public safety, 
                property, or the environment is present or an imminent 
                hazard exists and that the rulemaking will address the 
                risk or hazard.
                    (B) Imminent hazard defined.--In subparagraph (A), 
                the term ``imminent hazard'' means the existence of a 
                condition related to pipelines or pipeline operations 
                that presents a substantial likelihood that death, 
                serious illness, severe personal injury, or substantial 
                endangerment to health, property, or the environment 
                may occur.
    (g) Report to Congress on Risk-Based Pipeline Reassessment 
Intervals.--Not later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States shall evaluate--
            (1) whether risk-based reassessment intervals are a more 
        effective alternative for managing risks to pipelines in high-
        consequence areas once baseline assessments are complete when 
        compared to a 7-year reassessment interval;
            (2) the number of anomalies found in baseline assessments 
        required under section 60109(c)(3)(A) of title 49, United 
        States Code, as compared to the number of anomalies found in 
        reassessments required under section 60109(c)(3)(B) of such 
        title; and
            (3) the progress made in incorporating the recommendations 
        in GAO Report 06-945 and the current relevance of 
        recommendations not incorporated to date.
    (h) High Consequence Area Defined.--In this section, the term 
``high consequence area'' means an area described in section 60109(a) 
of title 49, United States Code.

SEC. 6. PUBLIC EDUCATION AND AWARENESS.

    (a) National Pipeline Mapping System.--
            (1) Map of high consequence areas.--The Secretary of 
        Transportation shall--
                    (A) maintain, as part of the National Pipeline 
                Mapping System, a map of all designated high 
                consequence areas (as described in section 60109(a) of 
                title 49, United States Code) in which pipelines are 
                required to meet integrity management safety 
                regulations, excluding any proprietary or sensitive 
                security information; and
                    (B) update the map biennially.
            (2) Program to promote awareness of national pipeline 
        mapping system.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall develop and 
        implement a program promoting greater awareness of the 
        existence of the National Pipeline Mapping System to State and 
        local emergency responders and other interested parties. The 
        program shall include guidance on how to use the National 
        Pipeline Mapping System to locate pipelines in communities and 
        local jurisdictions.
    (b) Information to Emergency Response Agencies.--
            (1) Guidance.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall issue guidance to 
        owners and operators of pipeline facilities on the importance 
        of providing system-specific information about their pipeline 
        facilities to emergency response agencies of the communities 
        and jurisdictions in which those facilities are located.
            (2) Consultation.--Before issuing guidance under paragraph 
        (1), the Secretary shall consult with owners and operators of 
        pipeline facilities to determine the extent to which the owners 
        and operators are already providing system-specific information 
        about their pipeline facilities to emergency response agencies.

SEC. 7. CAST IRON GAS PIPELINES.

    (a) Follow-Up Surveys.--Section 60108(d) is amended by adding at 
the end the following:
    ``(4) Not later than December 31, 2012, and every 2 years 
thereafter, the Secretary shall conduct a follow-up survey to measure 
the progress that owners and operators of pipeline facilities have made 
in implementing their plans for the safe management and replacement of 
cast iron gas pipelines.''.
    (b) Status Report.--Not later than December 31, 2013, the Secretary 
of Transportation shall transmit to the House of Representatives 
Committee on Transportation and Infrastructure and Committee on Energy 
and Commerce and the Senate Committee on Commerce, Science, and 
Transportation a report that--
            (1) identifies the total mileage of cast iron gas pipelines 
        in the United States; and
            (2) evaluates the progress that owners and operators of 
        pipeline facilities have made in implementing their plans for 
        the safe management and replacement of cast iron gas pipelines.

SEC. 8. LEAK DETECTION.

    (a) Leak Detection Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure and Committee on Energy and 
        Commerce a report on leak detection systems utilized by 
        operators of hazardous liquid pipeline facilities and 
        transportation-related flow lines.
            (2) Contents.--The report shall include--
                    (A) an analysis of the technical limitations of 
                current leak detection systems, including the systems' 
                ability to detect ruptures and small leaks that are 
                ongoing or intermittent, and what can be done to foster 
                development of better technologies; and
                    (B) an analysis of the feasibility of establishing 
                technically, operationally, and economically feasible 
                standards for the capability of such systems to detect 
                leaks, and the safety benefits and adverse consequences 
                of requiring operators to use leak detection systems.
    (b) Rulemaking Requirements.--
            (1) Review period defined.--In this subsection, the term 
        ``review period'' means the period beginning on the date of 
        enactment of this Act and ending on the earlier of--
                    (A) the date that is 1 year after the date of 
                completion of the report under subsection (a); or
                    (B) the date that is 2 years after the date of 
                enactment of this Act.
            (2) Congressional authority.--In order to provide Congress 
        the necessary time to review the results of the report required 
        by subsection (a) and implement appropriate recommendations, 
        the Secretary shall not, during the review period, proceed with 
        a rulemaking to prescribe regulations described in paragraph 
        (3).
            (3) Standards.--Following the review period, the Secretary 
        may, as appropriate, prescribe regulations that--
                    (A) require operators of hazardous liquid pipeline 
                facilities to use leak detection systems; and
                    (B) establish technically, operationally, and 
                economically feasible standards for the capability of 
                such systems to detect leaks.
            (4) Savings clause.--
                    (A) In general.--Notwithstanding any other 
                provision of this subsection, the Secretary, during the 
                review period, may proceed to a rulemaking to prescribe 
                regulations described in paragraph (3), and may 
                prescribe the regulations, if the Secretary determines 
                that a condition that poses a risk to public safety, 
                property, or the environment is present or an imminent 
                hazard exists and that the rulemaking will address the 
                risk or hazard.
                    (B) Imminent hazard defined.--In subparagraph (A), 
                the term ``imminent hazard'' means the existence of a 
                condition related to pipelines or pipeline operations 
                that presents a substantial likelihood that death, 
                serious illness, severe personal injury, or substantial 
                endangerment to health, property, or the environment 
                may occur.

SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.

    (a) Revision of Regulations.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of Transportation shall 
revise regulations issued under sections 191.5 and 195.52 of title 49, 
Code of Federal Regulations, to establish specific time limits for 
telephonic or electronic notice of accidents and incidents involving 
pipeline facilities to the Secretary and the National Response Center.
    (b) Minimum Requirements.--In revising the regulations, the 
Secretary, at a minimum, shall--
            (1) establish time limits for telephonic or electronic 
        notification of an accident or incident to require such 
        notification not less than 1 hour and not more than 2 hours 
        after discovery of the accident or incident;
            (2) review procedures for owners and operators of pipeline 
        facilities and the National Response Center to provide thorough 
        and coordinated notification to all relevant State and local 
        emergency response officials, including 911 emergency call 
        centers, for the jurisdictions in which those pipeline 
        facilities are located in the event of an accident or incident, 
        and revise such procedures as appropriate; and
            (3) require such owners and operators to revise their 
        initial telephonic or electronic notice to the Secretary and 
        the National Response Center with an estimated amount of the 
        product released, an estimated number of fatalities and 
        injuries, if any, and any other information determined 
        appropriate by the Secretary within 24 to 48 hours of the 
        accident or incident, to the extent practicable.
    (c) Updating of Reports.--After receiving revisions described in 
subsection (b)(3), the National Response Center shall update the 
initial report on an accident or incident instead of generating a new 
report.

SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN 
              COMPLIANCE.

    (a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of 
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each 
amended by striking ``Administrator or'' and inserting ``Administrator, 
the Secretary of Transportation, or''.
    (b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by 
striking ``operating or'' and inserting ``operating, the Secretary of 
Transportation, or''.

SEC. 11. TRANSPORTATION-RELATED OIL FLOW LINES.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
    ``(o) Transportation-Related Oil Flow Lines.--
            ``(1) Data collection.--The Secretary may collect 
        geospatial or technical data on transportation-related oil flow 
        lines, including unregulated transportation-related oil flow 
        lines.
            ``(2) Transportation-related oil flow line defined.--In 
        this subsection, the term `transportation-related oil flow 
        line' means a pipeline transporting oil off of the grounds of 
        the well where it originated across areas not owned by the 
        producer, regardless of the extent to which the oil has been 
        processed, if at all.
            ``(3) Limitation.--Nothing in this subsection authorizes 
        the Secretary to prescribe standards for the movement of oil 
        through production, refining, or manufacturing facilities, or 
        through oil production flow lines located on the grounds of 
        wells.''.

SEC. 12. COST RECOVERY FOR DESIGN REVIEWS.

    (a) In General.--Section 60117(n) is amended to read as follows:
    ``(n) Cost Recovery for Design Reviews.--
            ``(1) In general.--
                    ``(A) Review costs.--For any project described in 
                subparagraph (B), if the Secretary conducts facility 
                design safety reviews in connection with a proposal to 
                construct, expand, or operate a new gas or hazardous 
                liquid pipeline facility or liquefied natural gas 
                pipeline facility, the Secretary may require the person 
                proposing the project to pay the costs incurred by the 
                Secretary relating to such reviews. If the Secretary 
                exercises the cost recovery authority described in this 
                subsection, the Secretary shall prescribe a fee 
                structure and assessment methodology that is based on 
                the costs of providing these reviews and shall 
                prescribe procedures to collect fees under this 
                subsection. The Secretary shall not collect design 
                safety review fees under this chapter and section 60301 
                for the same design safety review.
                    ``(B) Projects to which applicable.--Subparagraph 
                (A) applies to any project that--
                            ``(i) has design and construction costs 
                        totaling at least $3,400,000,000, as adjusted 
                        for inflation, based on a good faith estimate 
                        developed by the person proposing the project; 
                        or
                            ``(ii) uses new or novel technologies or 
                        design.
            ``(2) Notification.--For any new pipeline facility 
        construction project for which the Secretary will conduct 
        design reviews, the person proposing the project shall notify 
        the Secretary and provide the design specifications, 
        construction plans and procedures, and related materials at 
        least 120 days prior to the commencement of construction. If 
        the Secretary determines that the proposed design of the 
        project is inconsistent with pipeline safety, the Secretary 
        shall provide written comments, feedback, and guidance on the 
        project on or before the 60th day following the date of receipt 
        of the design specifications, construction plans and 
        procedures, and related materials for the project.
            ``(3) Pipeline safety design review fund.--
                    ``(A) Establishment.--There is established a 
                Pipeline Safety Design Review Fund in the Treasury of 
                the United States.
                    ``(B) Deposits.--The Secretary shall deposit funds 
                paid under this subsection into the Fund.
                    ``(C) Use.--Amounts in the Fund shall be available 
                to the Secretary, in amounts specified in 
                appropriations Acts, to offset the costs of conducting 
                facility design safety reviews under this subsection.
            ``(4) No additional permitting authority.--Nothing in this 
        subsection shall be construed as authorizing the Secretary to 
        require a person to obtain a permit before beginning design and 
        construction in connection with a project described in 
        paragraph (1)(B).''.
    (b) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall issue guidance to 
clarify the meaning of the term ``new or novel technologies or design'' 
as used in section 60117(n) of title 49, United States Code, as amended 
by subsection (a) of this section.

SEC. 13. BIOFUEL PIPELINES.

    Section 60101(a)(4) is amended--
            (1) in subparagraph (A) by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) non-petroleum fuels, including biofuels, that 
                are flammable, toxic, or corrosive or would be harmful 
                to the environment if released in significant 
                quantities; and''.

SEC. 14. CARBON DIOXIDE PIPELINES.

    Section 60102(i) is amended to read as follows:
    ``(i) Pipelines Transporting Carbon Dioxide.--
            ``(1) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards for the transportation of 
        carbon dioxide by pipeline in a gaseous state.
            ``(2) Standards applicable to certain pipelines.--For 
        pipelines that transport carbon dioxide in both a liquid and 
        gaseous state, the Secretary shall apply standards, in effect 
        on the date of enactment of the Pipeline Safety, Regulatory 
        Certainty, and Job Creation Act of 2011, for the transportation 
        of carbon dioxide by pipeline in a liquid state to the 
        transportation of carbon dioxide by pipeline in a gaseous 
        state.''.

SEC. 15. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary of Transportation shall complete a comprehensive review 
of hazardous liquid pipeline facility regulations to determine whether 
these regulations are sufficient to regulate pipeline facilities used 
for the transportation of diluted bitumen. In conducting this review, 
the Secretary shall conduct an analysis of whether any increase in risk 
of release exists for pipeline facilities transporting diluted bitumen. 
The Secretary shall report the results of this review to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure and 
Committee on Energy and Commerce.

SEC. 16. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY 
              PIPELINE.

    The Secretary of Transportation may conduct an analysis of the 
transportation of non-petroleum hazardous liquids by pipeline facility 
for the purpose of identifying the extent to which pipeline facilities 
are currently being used to transport non-petroleum hazardous liquids, 
such as chlorine, from chemical production facilities across land areas 
not owned by the producer that are accessible to the public. The 
analysis should identify the extent to which the safety of the pipeline 
facilities is unregulated by the States and evaluate whether the 
transportation of such chemicals by pipeline facility across areas 
accessible to the public would present significant risks to public 
safety, property, or the environment in the absence of regulation. The 
results of the analysis shall be made available to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure and 
Committee on Energy and Commerce.

SEC. 17. CLARIFICATIONS.

    (a) Amendment of Procedures Clarification.--Section 60108(a)(1) is 
amended by striking ``an intrastate'' and inserting ``a''.
    (b) Owner and Operator Clarification.--Section 60102(a)(2)(A) is 
amended by striking ``owners and operators'' and inserting ``any or all 
of the owners or operators''.

SEC. 18. MAINTENANCE OF EFFORT.

    Section 60107(b) is amended by adding at the end the following: 
``For each of fiscal years 2012 and 2013, the Secretary shall grant 
such a wavier to a State if the State can demonstrate an inability to 
maintain or increase the required funding share of its pipeline safety 
program at or above the level required by this subsection due to 
economic hardship in that State. For fiscal year 2014 and each fiscal 
year thereafter, the Secretary may grant such a waiver to a State if 
the State can make the demonstration described in the preceding 
sentence.''.

SEC. 19. ADMINISTRATIVE ENFORCEMENT PROCESS.

    (a) Issuance of Regulations.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall prescribe 
        regulations--
                    (A) requiring hearings under sections 60112, 60117, 
                60118, and 60122 to be convened before a presiding 
                official;
                    (B) providing the opportunity for any person 
                requesting a hearing under section 60112, 60117, 60118, 
                or 60122 to arrange for a transcript of that hearing, 
                at the expense of the requesting person;
                    (C) ensuring expedited review of any order issued 
                pursuant to section 60112(e);
                    (D) implementing a separation of functions between 
                personnel involved with investigative and prosecutorial 
                activities and advising the Secretary on findings and 
                determinations; and
                    (E) prohibiting ex-parte communication relevant to 
                the question to be decided in the case by parties to an 
                investigation or hearing.
            (2) Presiding official.--The regulations prescribed under 
        this subsection shall--
                    (A) define the term ``presiding official'' to mean 
                the person who conducts any hearing relating to civil 
                penalty assessments, compliance orders, safety orders, 
                or corrective action orders; and
                    (B) require that the presiding official must be an 
                attorney on the staff of the Deputy Chief Counsel that 
                is not engaged in investigative or prosecutorial 
                functions, including the preparation of notices of 
                probable violations, notices relating to civil penalty 
                assessments, notices relating to compliance, or notices 
                of proposed corrective actions.
            (3) Expedited review.--The regulations prescribed under 
        this subsection shall define the term ``expedited review'' for 
        the purposes of paragraph (1)(C).
    (b) Standards of Judicial Review.--Section 60119(a) is amended by 
adding at the end the following new paragraph:
    ``(3) A judicial review of agency action under this section shall 
apply the standards of review established in section 706 of title 5.''.

SEC. 20. GAS AND HAZARDOUS LIQUID GATHERING LINES.

    (a) Review.--The Secretary of Transportation shall complete a 
review of existing Federal and State regulations for gas and hazardous 
liquid gathering lines located onshore and offshore in the United 
States, including within the inlets of the Gulf of Mexico.
    (b) Report to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the House 
        of Representatives Committee on Transportation and 
        Infrastructure and Committee on Energy and Commerce and the 
        Senate Committee on Commerce, Science, and Transportation a 
        report on the results of the review.
            (2) Recommendations.--The report shall include the 
        Secretary's recommendations with respect to--
                    (A) the sufficiency of existing Federal and State 
                laws and regulations to ensure the safety of gas and 
                hazardous liquid gathering lines;
                    (B) quantifying the economical and technical 
                practicability and challenges of applying existing 
                Federal regulations to gathering lines that are 
                currently not subject to Federal regulation when 
                compared to the public safety benefits; and
                    (C) subject to a risk-based assessment, the need to 
                modify or revoke existing exemptions from Federal 
                regulation for gas and hazardous liquid gathering 
                lines.

SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--
            ``(1) In general.--To carry out the provisions of this 
        chapter related to gas and hazardous liquid and section 12 of 
        the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
        note; Public Law 107-355), there is authorized to be 
        appropriated to the Department of Transportation for each of 
        fiscal years 2012 through 2015, from fees collected under 
        section 60301, $88,014,000, of which $4,686,000 is for carrying 
        out such section 12 and $34,461,000 is for making grants.
            ``(2) Trust fund amounts.--In addition to the amounts 
        authorized to be appropriated by paragraph (1), there is 
        authorized to be appropriated for each of fiscal years 2012 
        through 2015 from the Oil Spill Liability Trust Fund to carry 
        out the provisions of this chapter related to hazardous liquid 
        and section 12 of the Pipeline Safety Improvement Act of 2002 
        (49 U.S.C. 60101 note; Public Law 107-355), $18,905,000, of 
        which $2,185,000 is for carrying out such section 12 and 
        $4,985,000 is for making grants.''.
    (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
    (c) One-Call Notification Programs.--Section 6107 is amended--
            (1) in subsection (a) by striking ``2007 through 2010.'' 
        and inserting ``2012 through 2015.'';
            (2) in subsection (b) by striking ``2007 through 2010.'' 
        and inserting ``2012 through 2015.''; and
            (3) by striking subsection (c).
    (d) State Damage Prevention Programs.--Section 60134 is amended by 
adding at the end the following:
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to provide grants under this section 
$1,500,000 for each of fiscal years 2012 through 2015. Such funds shall 
remain available until expended.''.
    (e) Community Pipeline Safety Information Grants.--Section 60130 is 
amended--
            (1) in subsection (b)--
                    (A) by inserting ``to grant recipients and their 
                contractors'' after ``this section''; and
                    (B) by inserting ``, for any type of advocacy 
                activity for or against a pipeline construction or 
                expansion project,'' after ``for lobbying''; and
            (2) in subsection (d) by striking ``2010'' and inserting 
        ``2015''.
    (f) Pipeline Transportation Research and Development.--Section 12 
of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) 
is amended--
            (1) in subsection (d) by adding at the end the following:
            ``(3) Ongoing pipeline transportation research and 
        development.--
                    ``(A) In general.--After the initial 5-year program 
                plan has been carried out by the participating 
                agencies, the Secretary of Transportation shall prepare 
                a research and development program plan every 5 years 
                thereafter and shall transmit a report to Congress on 
                the status and results-to-date of implementation of the 
                program every 2 years.
                    ``(B) Consultation.--The Secretary of 
                Transportation shall comply with the consultation 
                requirements of subsection (d)(2) when preparing the 
                program plan and in the selection and prioritization of 
                research and development projects.
                    ``(C) Funding from non-federal sources.--When 
                carrying out research and development activities, the 
                Secretary, to the greatest extent practicable, shall 
                obtain funding for research and development projects 
                from non-Federal sources.''; and
            (2) in subsection (f) by striking ``2003 through 2006.'' 
        and inserting ``2012 through 2015.''.

            Passed the House of Representatives December 12, 2011.

            Attest:

                                                                 Clerk.
112th CONGRESS

  1st Session

                               H. R. 2845

_______________________________________________________________________

                                 AN ACT

 To amend title 49, United States Code, to provide for enhanced safety 
and environmental protection in pipeline transportation, to provide for 
   enhanced reliability in the transportation of the Nation's energy 
             products by pipeline, and for other purposes.
```