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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2937 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2937

 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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2011

Mr. Upton (for himself and Mr. Dingell) introduced the following bill; 
       which was referred to the Committee on Transportation and 
    Infrastructure, and in addition to the Committee on Energy and 
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 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 
Infrastructure and Community Protection 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. Offshore gathering lines.
Sec. 5. Automatic and remote-controlled shut-off valves.
Sec. 6. Excess flow valves.
Sec. 7. Integrity management.
Sec. 8. Public education and awareness.
Sec. 9. Cast iron gas pipelines.
Sec. 10. Leak detection.
Sec. 11. Incident notification.
Sec. 12. Transportation-related onshore facility response plan 
                            compliance.
Sec. 13. Pipeline infrastructure data collection.
Sec. 14. International cooperation and consultation.
Sec. 15. Transportation-related oil flow lines.
Sec. 16. Alaska project coordination.
Sec. 17. Cost recovery for design reviews.
Sec. 18. Special permits.
Sec. 19. Biofuel pipelines.
Sec. 20. Carbon dioxide pipelines.
Sec. 21. Study of the transportation of diluted bitumen.
Sec. 22. Study of non-petroleum hazardous liquids transported by 
                            pipeline.
Sec. 23. Clarifications.
Sec. 24. Additional resources.
Sec. 25. Maintenance of effort.
Sec. 26. Administrative enforcement process.
Sec. 27. Maximum allowable operating pressure.
Sec. 28. Cover over buried pipeline.
Sec. 29. Onshore gathering lines.
Sec. 30. Authorization of appropriations.

SEC. 2. CIVIL PENALTIES.

    (a) Penalty Considerations; Major Consequence Violations.--Section 
60122 is amended--
            (1) by striking ``the ability to pay,'' in subsection 
        (b)(1)(B);
            (2) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c) Penalties for Major Consequence Violations.--
            ``(1) In general.--A person that the Secretary of 
        Transportation decides, after written notice and an opportunity 
        for a hearing, has committed a major consequence violation of 
        section 60114(b), 60114(d), or 60118(a) of this title or a 
        regulation prescribed or order issued under this chapter is 
        liable to the United States Government for a civil penalty of 
        not more than $250,000 for each violation. A separate violation 
        occurs for each day the violation continues. The maximum civil 
        penalty under this paragraph for a related series of major 
        consequence violations is $2,500,000.
            ``(2) Penalty considerations.--In determining the amount of 
        a civil penalty for a major consequence violation under this 
        subsection, the Secretary shall consider the factors prescribed 
        in subsection (b).
            ``(3) Major consequence violation defined.--In this 
        subsection, the term `major consequence violation' means a 
        violation that contributed to a pipeline facility incident 
        resulting in--
                    ``(A) 1 or more deaths;
                    ``(B) 1 or more injuries or illnesses requiring in-
                patient hospitalization; or
                    ``(C) environmental harm exceeding $250,000 in 
                estimated damages to the environment including property 
                loss, other than the value of natural gas or hazardous 
                liquid lost and damage to pipeline facility 
                equipment.''.
    (b) Penalty for Obstruction of Inspections and Investigations.--
Section 60118(e) is amended by adding at the end the following: ``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.''.
    (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'' and inserting ``under''.

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 shall, at a 
        minimum, 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.--A State one-call notification 
        program may not exempt mechanized excavation, municipalities, 
        State agencies, or their contractors from its one-call 
        notification system requirements.''.
    (b) State Damage Prevention Programs.--Section 60134(a) is 
amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (1);
            (2) by striking ``(b).'' in paragraph (2)(B) and inserting 
        ``(b); and''; and
            (3) by adding at the end the following:
            ``(3) does not provide any exemptions to mechanized 
        excavation, 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.

SEC. 4. OFFSHORE GATHERING LINES.

    Section 60102(k)(1) is amended by striking the last sentence and 
inserting ``Not later than 2 years after the date of enactment of the 
Pipeline Infrastructure and Community Protection Act of 2011, the 
Secretary shall issue regulations, after notice and an opportunity for 
a hearing, subjecting offshore hazardous liquid gathering lines and 
hazardous liquid gathering lines located within the inlets of the Gulf 
of Mexico to the same standards and regulations as other hazardous 
liquid pipelines, except as provided in paragraph (3). The regulations 
issued under this paragraph shall not apply to production pipelines or 
flow lines''.

SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

    Section 60102 is amended by adding at the end the following:
    ``(n) Automatic and Remote-Controlled Shut-off Valves.--
            ``(1) Standards for new transmission pipelines.--Not later 
        than 2 years after the date of enactment of the Pipeline 
        Infrastructure and Community Protection Act of 2011, the 
        Secretary shall by regulation, after notice and an opportunity 
        for a hearing, require the use of automatic or remote-
        controlled shut-off valves, or equivalent technology, where 
        economically, technically, and operationally feasible on 
        transmission pipelines constructed or entirely replaced after 
        the date on which the Secretary issues a final rule.
            ``(2) Retrofit review and analysis.--The Secretary shall 
        conduct a review of transmission pipeline facility operators' 
        ability to respond to a hazardous liquid or gas release from a 
        pipeline segment located in a high consequence area (as 
        described in section 60109(a)). The Secretary's analysis shall 
        consider the swiftness of leak detection and pipeline shutdown 
        capabilities, the location of nearest response personnel, and 
        the costs, risks, and benefits of installing automatic and 
        remote-controlled shut-off valves. Not later than 1 year after 
        the date of enactment of the Pipeline Infrastructure and 
        Community Protection Act of 2011, the Secretary shall report 
        the results of such review and analysis 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. 6. EXCESS FLOW VALVES.

    Section 60109(e)(3) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Distribution branch services, multifamily 
                facilities, and small commercial facilities.--Not later 
                than 2 years after the date of enactment of the 
                Pipeline Infrastructure and Community Protection Act of 
                2011, the Secretary shall by regulation, after notice 
                and an opportunity for a hearing, require the use of 
                excess flow valves, or equivalent technology, where 
                economically, technically, and operationally feasible 
                on new or entirely replaced distribution branch 
                services, multifamily facilities, and small commercial 
                facilities.''.

SEC. 7. INTEGRITY MANAGEMENT.

    (a) Evaluation.--Within 1 year 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 (as described in section 60109(a) of title 49, United 
        States Code); 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) Report.--Based on the evaluation described in subsection (a), 
the Secretary shall submit a report 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 containing the Secretary's analysis and findings regarding 
expansion of integrity management requirements, or elements thereof, 
beyond high consequence areas and whether applying the integrity 
management program requirements, or elements thereof, to additional 
areas would mitigate the need for class location requirements.
    (c) Standards.--Not later than 2 years after completion of the 
evaluation, the Secretary shall, as appropriate, prescribe regulations, 
after notice and an opportunity for a hearing, that--
            (1) expand integrity management system requirements, or 
        elements thereof, beyond high consequence areas; and
            (2) 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.
    (d) Data Reporting.--The Secretary shall collect any relevant data 
necessary to complete the evaluation required by subsection (a) and may 
collect such additional data pursuant to regulations promulgated under 
subsection (b) as may be necessary.
    (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 such extension.''.

SEC. 8. PUBLIC EDUCATION AND AWARENESS.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60138. Public education and awareness
    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Pipeline Infrastructure and Community Protection Act 
of 2011, the Secretary shall--
            ``(1) maintain a monthly updated summary of all completed 
        and final natural gas and hazardous liquid pipeline facility 
        inspections conducted by or reported to the Pipeline and 
        Hazardous Materials Safety Administration that includes--
                    ``(A) identification of the operator inspected;
                    ``(B) the type of inspection;
                    ``(C) the results of the inspection, including any 
                deficiencies identified; and
                    ``(D) any corrective actions required to be taken 
                by the operator to remediate such deficiencies;
            ``(2) maintain a detailed summary of each approved 
        emergency response plan written by the operator that includes 
        the key elements of the plan, but which may exclude--
                    ``(A) proprietary information;
                    ``(B) sensitive security information, including as 
                referenced in section 1520.5(a) of title 49, Code of 
                Federal Regulations;
                    ``(C) specific response resources and tactical 
                resource deployment plans; and
                    ``(D) the specific amount and location of worst-
                case discharges, including the process by which an 
                operator determines the worst-case discharge; and
            ``(3) maintain, as part of the National Pipeline Mapping 
        System, a map of all currently designated high consequence 
        areas (as described in section 60109(a)) in which pipelines are 
        required to meet integrity management safety regulations, 
        excluding any proprietary or sensitive security information, 
        and update the map annually.
    ``(b) Public Availability.--The requirements of subsection (a) 
shall be satisfied if the information required to be made public is 
made available on the Pipeline and Hazardous Materials Safety 
Administration's public Web site.
    ``(c) Relationship to FOIA.--Nothing in this section shall be 
construed to require disclosure of information or records that are 
exempt from disclosure under section 552 of title 5.''.
    (b) Clerical Amendment.--The table of sections for chapter 601 is 
amended by inserting after the item relating to section 60137 the 
following:

``60138. Public education and awareness.''.

SEC. 9. CAST IRON GAS PIPELINES.

    (a) Survey Update.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall conduct a 
follow-on survey to the survey conducted under section 60108(d) of 
title 49, United States Code, to determine--
            (1) the extent to which each operator has adopted a plan 
        for the safe management and replacement of cast iron pipelines;
            (2) the elements of the plan, including the anticipated 
        rate of replacement; and
            (3) the progress that has been made.
    (b) Survey Frequency.--Section 60108(d) is amended by adding at the 
end the following new paragraph:
    ``(4) The Secretary shall conduct a follow-up survey to measure 
progress of plan implementation biennially.''.

SEC. 10. LEAK DETECTION.

    (a) Leak Detection Report.--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. The report shall include 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.
    (b) Standards.--Not later than 2 years after submission of the 
report under subsection (a), the Secretary shall, as appropriate, based 
on the findings of such report, prescribe regulations, after notice and 
an opportunity for a hearing--
            (1) requiring an operator of a hazardous liquid pipeline 
        facility to use leak detection systems; and
            (2) establishing technically, operationally, and 
        economically feasible standards for the capability of such 
        systems to detect leaks.

SEC. 11. INCIDENT NOTIFICATION.

    (a) Review of Procedures.--Not later than 18 months after the date 
of enactment of this Act, the Secretary of Transportation shall review 
procedures for the National Response Center to provide thorough and 
coordinated notification to all relevant State and local emergency 
response officials and revise such procedures as appropriate.
    (b) Telephonic Notice of Certain Incidents.--
            (1) In general.--Chapter 601, as amended by this Act, is 
        further amended by adding at the end the following:
``Sec. 60139. Telephonic notice of certain incidents
    ``(a) In General.--An owner or operator of a pipeline facility 
shall provide immediate telephonic notice of--
            ``(1) a failure of a hazardous liquid pipeline facility 
        described in section 195.50 of title 49, Code of Federal 
        Regulations; and
            ``(2) an incident, as defined in section 191.3 of title 49, 
        Code of Federal Regulations.
    ``(b) Immediate Telephonic Notice Defined.--In subsection (a), the 
term `immediate telephonic notice' means telephonic notice, as 
described in section 191.5 of such title, to the National Response 
Center at the earliest practicable moment following confirmed discovery 
and not later than one hour following the time of such discovery.
    ``(c) Estimates of Release Volumes.--When providing immediate 
telephonic notice under subsection (a), the owner or operator of a 
pipeline facility shall estimate the general volume of a release using 
ranges such as `small', `medium', `large', and `very large', with the 
volume of such ranges, but shall not be required to provide a numerical 
estimate of the size of the release. The owner or operator shall be 
required to revise an estimate to provide more specific information, 
including, but not limited to, a numerical estimate of the size of the 
release within 48 hours, to the extent practicable.
    ``(d) References.--Any reference to a regulation in this section 
means the regulation as in effect on the date of enactment of this 
section.''.
            (2) Clerical amendment.--The table of sections for chapter 
        601 is amended by inserting after the item relating to section 
        60138 the following:

``60139. Telephonic notice of certain incidents.''.
    (c) Standards.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall prescribe 
regulations, after notice and an opportunity for comment, defining the 
meaning of the terms ``discovery'', ``small'', ``medium'', ``large'', 
and ``very large'' as used in section 60139(c) of title 49, United 
States Code, as added by subsection (b) of this section.

SEC. 12. 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 
amended to read as follows:
                    ``(A) Recordkeeping.--Whenever required to carry 
                out the purposes of this section, the Administrator, 
                the Secretary of Transportation, or the Secretary of 
                the department in which the Coast Guard is operating 
                shall require the owner or operator of a facility to 
                which this section applies to establish and maintain 
                such records, make such reports, install, use, and 
                maintain such monitoring equipment and methods, and 
                provide such other information as the Administrator, 
                the Secretary of Transportation, or Secretary of the 
                department in which the Coast Guard is operating, as 
                the case may be, may require to carry out the 
                objectives of this section.
                    ``(B) Entry and inspection.--Whenever required to 
                carry out the purposes of this section, the 
                Administrator, the Secretary of Transportation, or the 
                Secretary of the Department in which the Coast Guard is 
                operating or an authorized representative of the 
                Administrator, the Secretary of Transportation, or 
                Secretary of the department in which the Coast Guard is 
                operating, upon presentation of appropriate 
                credentials, may--
                            ``(i) enter and inspect any facility to 
                        which this section applies, including any 
                        facility at which any records are required to 
                        be maintained under subparagraph (A); and
                            ``(ii) at reasonable times, have access to 
                        and copy any records, take samples, and inspect 
                        any monitoring equipment or methods required 
                        under subparagraph (A).''.
    (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. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.

    (a) In General.--Section 60132(a) is amended--
            (1) in the text preceding paragraph (1), by striking ``and 
        gathering lines''; and
            (2) by adding at the end the following:
            ``(4) Any other geospatial or technical data, including 
        design and material specifications, that the Secretary 
        determines is necessary to carry out the purposes of this 
        section. The Secretary shall give reasonable notice to 
        operators that the data are being requested.''.
    (b) Disclosure Limited to FOIA Requirements.--Section 60132 is 
amended by adding at the end the following:
    ``(d) Public Disclosure Limited.--The Secretary may not disclose 
information collected pursuant to subsection (a) except to the extent 
permitted by section 552 of title 5.''.

SEC. 14. INTERNATIONAL COOPERATION AND CONSULTATION.

    Section 60117 is amended by adding at the end the following:
    ``(o) International Cooperation and Consultation.--
            ``(1) Information exchange and technical assistance.--If 
        the Secretary determines that it would benefit the United 
        States, subject to guidance from the Secretary of State, the 
        Secretary may engage in activities supporting cooperative 
        international efforts to share information about the risks to 
        the public and the environment from pipeline facilities and 
        means of protecting against those risks. Such cooperation may 
        include the exchange of information with domestic and 
        appropriate international organizations to facilitate efforts 
        to develop and improve safety standards and requirements for 
        pipeline transportation in or affecting interstate or foreign 
        commerce.
            ``(2) Consultation.--To the extent practicable, subject to 
        guidance from the Secretary of State, the Secretary may consult 
        with interested authorities in Canada, Mexico, and other 
        interested authorities, as needed, to ensure that the 
        respective pipeline facility safety standards and requirements 
        prescribed by the Secretary and those prescribed by such 
        authorities are consistent with the safe and reliable operation 
        of cross-border pipeline facilities.
            ``(3) Differences in international standards and 
        requirements.--Nothing in this section requires that a standard 
        or requirement prescribed by the Secretary under this chapter 
        be identical to a standard or requirement adopted by a foreign 
        or international authority.''.

SEC. 15. TRANSPORTATION-RELATED OIL FLOW LINES.

    Section 60102, as amended by section 5, 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. 16. ALASKA PROJECT COORDINATION.

    (a) In General.--Chapter 601, as amended by this Act, is further 
amended by adding at the end the following:
``Sec. 60140. Alaska project coordination
    ``The Secretary may provide technical assistance to the State of 
Alaska for the purpose of achieving coordinated and effective oversight 
of the construction and operation of new and prospective pipeline 
facility systems in Alaska. The assistance may include--
            ``(1) conducting coordinated inspections of pipeline 
        facility systems subject to the respective authorities of the 
        Department of Transportation and the State of Alaska;
            ``(2) consulting on the development and implementation of 
        programs designed to manage the integrity risks associated with 
        operating pipeline facility systems in the unique conditions of 
        Alaska;
            ``(3) training inspection and enforcement personnel and 
        consulting on the development and implementation of inspection 
        protocols and training programs; and
            ``(4) entering into cooperative agreements, grants, or 
        other transactions with the State of Alaska, the Joint Pipeline 
        Office, other Federal agencies, and other public and private 
        agencies to carry out the objectives of this section.''.
    (b) Clerical Amendment.--The table of sections for chapter 601 is 
amended by inserting after the item relating to section 60139 the 
following:

``60140. Alaska project coordination.''.

SEC. 17. COST RECOVERY FOR DESIGN REVIEWS.

    (a) 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, including construction inspections 
                and oversight, the Secretary may require the person or 
                entity 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 section, 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 section. 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 $1,000,000,000, as adjusted 
                        for inflation; or
                            ``(ii) uses new or novel technologies or 
                        design.
            ``(2) Notification.--For any new pipeline facility 
        construction project in which the Secretary will conduct design 
        reviews, the person or entity 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. 
        Within 90 days of receiving such design specifications, 
        construction plans and procedures, the Secretary shall provide 
        written comments, feedback, and guidance on such project.
            ``(3) Deposit and use.--There is established a Pipeline 
        Safety Design Review Fund in the Treasury of the United States. 
        The Secretary shall deposit funds paid under this subsection 
        into the Fund. Funds deposited under this subsection are 
        authorized to be appropriated for the purposes set forth in 
        this chapter. Fees authorized under this subsection shall be 
        available for obligation only to the extent and in the amount 
        provided in advance in appropriations Acts.''.
    (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. 18. SPECIAL PERMITS.

    (a) In General.--Section 60118(c)(1) is amended to read as follows:
            ``(1) Issuance of waivers.--
                    ``(A) In general.--On application of an owner or 
                operator of a pipeline facility, the Secretary by order 
                may waive compliance with any part of an applicable 
                standard prescribed under this chapter with respect to 
                the facility on terms the Secretary considers 
                appropriate, if the Secretary finds that the waiver is 
                not inconsistent with pipeline facility safety.
                    ``(B) Considerations.--In determining whether to 
                grant a waiver, the Secretary shall consider--
                            ``(i) the applicant's compliance history;
                            ``(ii) the applicant's accident history; 
                        and
                            ``(iii) any additional factors the 
                        Secretary considers relevant.
                    ``(C) Effective period.--A waiver of one or more 
                pipeline facility operating requirements shall be 
                reviewed by the Secretary 5 years after its effective 
                date. In reviewing a waiver, the Secretary shall 
                consider any change in ownership or control of the 
                pipeline facility, any change in the conditions around 
                the pipeline facility, and other factors as 
                appropriate. The Secretary may modify, suspend, or 
                revoke a waiver after such review in accordance with 
                subparagraph (E).
                    ``(D) Public notice and hearing.--The Secretary may 
                act on a waiver under this subsection only after public 
                notice and an opportunity for a hearing, which may 
                consist of publication of notice in the Federal 
                Register that an application for a waiver has been 
                filed and providing the public with the opportunity to 
                review and comment on the application. If a waiver is 
                granted, the Secretary shall state in the order and 
                associated analysis the reasons for granting it.
                    ``(E) Noncompliance and modification, suspension, 
                or revocation.--After notice to a holder of a waiver 
                and opportunity to show cause, the Secretary may 
                modify, suspend, or revoke a waiver issued under this 
                subsection for failure to comply with its terms or 
                conditions, intervening changes in Federal law, a 
                material change in circumstances affecting safety, 
                including erroneous information in the application, or 
                any other reason. If necessary to avoid a significant 
                risk of harm to persons, property, or the environment, 
                the Secretary may waive the show cause procedure and 
                make the action immediately effective.''.
    (b) Regulations; Effective Date.--
            (1) Regulations.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary shall publish a rule, 
        after notice and an opportunity for comment, describing the 
        additional factors the Secretary considers relevant under 
        section 60118(c)(1)(B)(iii) of title 49, United States Code, as 
        amended by subsection (a) of this section.
            (2) Effective date.--The requirements for consideration 
        under section 60118(c)(1)(B) of title 49, United States Code, 
        as amended by subsection (a) of this section, shall not take 
        effect until the date on which the Secretary publishes a rule 
        under paragraph (1).

SEC. 19. BIOFUEL PIPELINES.

    Section 60101(a)(4) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (A);
            (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. 20. CARBON DIOXIDE PIPELINES.

    Section 60102(i) is amended to read as follows:
    ``(i) Pipelines Transporting Carbon Dioxide.--The Secretary shall 
prescribe minimum safety standards for the transportation of carbon 
dioxide by pipeline in either a liquid or gaseous state.''.

SEC. 21. STUDY OF THE 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. 22. 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. 23. 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. 24. ADDITIONAL RESOURCES.

    (a) In General.--To the extent funds are appropriated, the 
Secretary of Transportation shall increase the personnel of the 
Pipeline and Hazardous Materials Safety Administration by a total of 39 
full-time employees to carry out the pipeline safety program and the 
administration of that program, of which--
            (1) 9 employees shall be added in fiscal year 2011;
            (2) 10 employees shall be added in fiscal year 2012;
            (3) 10 employees shall be added in fiscal year 2013; and
            (4) 10 employees shall be added in fiscal year 2014.
    (b) Functions.--In increasing the number of employees under 
subsection (a), the Secretary shall hire employees--
            (1) to conduct inspections of pipeline facilities to 
        determine compliance with applicable regulations and standards;
            (2) to conduct data collection, analysis, and reporting;
            (3) to develop, implement, and update information 
        technology;
            (4) to provide administrative, legal, and other support for 
        pipeline facility enforcement activities; and
            (5) to support the overall pipeline safety mission of the 
        Pipeline and Hazardous Materials Safety Administration, 
        including training of pipeline enforcement personnel.

SEC. 25. MAINTENANCE OF EFFORT.

    Section 60107(b) is amended to read as follows:
    ``(b) Payments.--After notifying and consulting with a State 
authority, the Secretary may withhold any part of a payment when the 
Secretary decides that the authority is not carrying out satisfactorily 
a safety program or not acting satisfactorily as an agent. The 
Secretary may pay an authority under this section only when the 
authority ensures the Secretary that it will provide the remaining 
costs of a safety program and that the total State amount spent for a 
safety program (excluding grants of the United States Government) will 
at least equal the average amount spent for gas and hazardous liquid 
safety programs for fiscal years 2004 through 2006, except when the 
Secretary waives the requirements of this subsection. The Secretary may 
grant such a waiver if a 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.''.

SEC. 26. ADMINISTRATIVE ENFORCEMENT PROCESS.

    (a) Issuance of Regulations.--
            (1) In general.--Not later than two 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); and
                    (D) implementing a separation of functions between 
                personnel involved with investigative and prosecutorial 
                activities and advising the Secretary on findings and 
                determinations.
            (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, orders relating to civil penalty 
                assessments, compliance orders, or corrective action 
                orders.
            (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) All judicial review of agency action under this section shall 
apply the standards of review established in section 706 of title 5.''.

SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.

    (a) Establishment of Records.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        require pipeline facility operators to conduct a verification 
        of records for all interstate and intrastate gas transmission 
        lines in class 3 and class 4 locations and class 1 and class 2 
        high consequence areas (as described in section 60109(a) of 
        title 49, United States Code) constructed before July 1, 1970, 
        that accurately reflect the pipeline's physical and operational 
        characteristics and confirm the established maximum allowable 
        operating pressure of those pipeline segments.
            (2) Elements.--Verification of each record under paragraph 
        (1) shall include such elements as the Secretary considers 
        appropriate.
    (b) Reporting.--
            (1) Documentation of certain pipelines.--Not later than 18 
        months after the date of enactment of this Act, pipeline 
        facility operators shall submit to the Secretary documentation 
        of all interstate and intrastate gas transmission pipelines in 
        class 3 and class 4 locations and class 1 and class 2 high 
        consequence areas (as described in section 60109(a) of title 
        49, United States Code) constructed before the July 1, 1970, 
        where the records required under subsection (a) are not 
        sufficient to confirm the established maximum allowable 
        operating pressure of those pipeline segments.
            (2) Exceedences of maximum allowable operating pressure.--
        All pipeline facility operators shall report any exceedence of 
        the maximum allowable operating pressure for gas transmission 
        pipelines that exceed the build-up allowed for operation of 
        pressure-limiting or control devices to the Secretary not later 
        than 5 working days after the exceedence occurs. Notice of 
        exceedence by intrastate gas transmission pipelines shall be 
        provided concurrently to appropriate State authorities.
    (c) Determination of Maximum Allowable Operating Pressure.--
            (1) In general.--For any transmission line reported in 
        subsection (b), the Secretary shall require the operator of the 
        transmission line to reconfirm a maximum allowable operational 
        pressure as expeditiously as economically feasible.
            (2) Interim actions.--For cases described in paragraph (1), 
        the Secretary shall determine what actions are appropriate for 
        a pipeline facility operator to take to maintain safety until a 
        maximum allowable operating pressure is confirmed. In 
        determining what actions an operator should take, the Secretary 
        shall take into account consequences to public safety and the 
        environment, impacts on pipeline facility system reliability 
        and deliverability, and other factors, as appropriate.

SEC. 28. COVER OVER BURIED PIPELINE.

    (a) Amendment.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60141. Cover over buried pipeline
    ``Not later than 1 year after the date of enactment of the Pipeline 
Infrastructure and Community Protection Act of 2011, the Secretary 
shall complete an evaluation to determine whether or not current 
regulations regarding cover over buried pipeline at crossings of inland 
bodies of water with a width of at least 100 feet from high water mark 
to high water mark are sufficient to prevent a release of hazardous 
liquid.''.
    (b) Clerical Amendment.--The table of sections for chapter 601 is 
amended by inserting after the item relating to section 60140 the 
following:

``60141. Cover over buried pipeline.''.

SEC. 29. ONSHORE GATHERING LINES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall conduct a review of all onshore gas and hazardous 
liquid gathering lines not regulated under title 49, United States 
Code, and submit a report based on such 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 containing the Secretary's 
recommendations with respect to--
            (1) the sufficiency of existing laws and regulations to 
        ensure pipeline safety;
            (2) the economical and technical practicability of applying 
        existing regulations to currently unregulated onshore gathering 
        lines; and
            (3) the modification or revocation of existing statutory or 
        regulatory exemptions.

SEC. 30. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--
            (1) Section 60125(a)(1) is amended by striking 
        subparagraphs (A) through (D) and inserting the following:
                    ``(A) For fiscal year 2011, $92,206,000, of which 
                $9,200,000 is for carrying out such section 12 and 
                $36,958,000 is for making grants.
                    ``(B) For fiscal year 2012, $96,144,000, of which 
                $9,600,000 for carrying out such section 12 and 
                $39,611,000 is for making grants.
                    ``(C) For fiscal year 2013, $99,876,000, of which 
                $9,900,000 is for carrying out such section 12 and 
                $41,148,000 is for making grants.
                    ``(D) For fiscal year 2014, $102,807,000, of which 
                $10,200,000 is for carrying out such section 12 and 
                $42,356,000 is for making grants.''.
            (2) Section 60125(a)(2) is amended by striking 
        subparagraphs (A) through (D) and inserting the following:
                    ``(A) For fiscal year 2011, $18,905,000, of which 
                $7,562,000 is for carrying out such section 12 and 
                $7,864,000 is for making grants.
                    ``(B) For fiscal year 2012, $19,661,000, of which 
                $7,864,000 is for carrying out such section 12 and 
                $7,864,000 is for making grants.
                    ``(C) For fiscal year 2013, $20,000,000, of which 
                $8,000,000 is for carrying out such section 12 and 
                $8,000,000 is for making grants.
                    ``(D) For fiscal year 2014, $20,000,000, of which 
                $8,000,000 is for carrying out such section 12 and 
                $8,000,000 is for making grants.''.
    (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2007 through 2010'' and inserting ``2011 through 2014''.
    (c) One-Call Notification Programs.--Section 6107 is amended--
            (1) by striking ``2007 through 2010.'' in subsection (a) 
        and inserting ``2011 through 2014.'';
            (2) by striking ``2007 through 2010.'' in subsection (b) 
        and inserting ``2011 through 2014.''; 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 are authorized to be 
appropriated to the Secretary to provide grants under this section 
$2,000,000 for each of fiscal years 2011 through 2014. The funds shall 
remain available until expended.''.
    (e) Community Pipeline Safety Information Grants.--Section 60130 is 
amended--
            (1) by striking ``$50,000'' in subsection (a)(1) and 
        inserting ``$100,000'';
            (2) by inserting ``, for direct advocacy for or against a 
        pipeline,'' after ``for lobbying'' in subsection (b); and
            (3) by striking ``$1,000,000 for each of the fiscal years 
        2003 through 2010. Such amounts shall not be derived from user 
        fees collected under section 60301.'' in subsection (d) and 
        inserting ``$2,000,000 for each of the fiscal years 2011 
        through 2014.''.
    (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) by adding at the end of subsection (d) the following:
            ``(3) Ongoing pipeline transportation research and 
        development.--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 each year that funds are appropriated for carrying 
        out the plan.''; and
            (2) by striking ``2003 through 2006.'' in subsection (f) 
        and inserting ``2011 through 2014.''.
                                 <all>
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