I
103D CONGRESS
2D SESSION
H. R. 4616
To amend the Natural Gas Pipeline Safety Act of 1968 and the Hazardous
Liquid Pipeline Safety Act of 1979 to improve natural gas and hazardous
liquid pipeline safety, in response to the natural gas pipeline accident
in Edison, New Jersey, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 21, 1994
Mr. PALLONE introduced the following bill; which was referred jointly to the
Committees on Energy and Commerce and Public Works and Transportation
A BILL
To amend the Natural Gas Pipeline Safety Act of 1968
and the Hazardous Liquid Pipeline Safety Act of 1979
to improve natural gas and hazardous liquid pipeline
safety, in response to the natural gas pipeline accident
in Edison, New Jersey, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Natural Gas Pipeline
Safety Improvement Act of 1994’’.
SEC. 2. RECOVERY BY SECRETARY OF TRANSPORTATION
OF COSTS OF INVESTIGATION OF CERTAIN
PIPELINE ACCIDENTS.
(a) NATURAL GAS PIPELINE ACCIDENTS.—Section
14 of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1681) is amended by adding at the end the
following:
‘‘(g)(1)(A) Subject to paragraphs (2) and (3), the
Secretary may recover from any person who engages in
the transportation of gas, or who owns or operates pipeline
facilities, the costs incurred by the Secretary—
‘‘(i) in investigating an accident with respect to
such transportation or facilities; and
‘‘(ii) in overseeing the response of the person to
the accident.
‘‘(B) For the purposes of this paragraph, the costs
incurred by the Secretary in an investigation of an acci-
dent may include the cost of hiring additional personnel
(including personnel to support monitoring activities by
the Office of Pipeline Safety), the cost of tests or studies,
and travel and administrative costs associated with the in-
vestigation.
‘‘(2) The Secretary may not recover costs under this
subsection with respect to an accident unless the acci-
dent—
‘‘(A) results in death or personal injury; or
‘‘(2)(A) The Secretary may also make grants to one-
call notification systems for activities relating to the pro-
motion of the utilization of such systems.
‘‘(B) The Secretary shall ensure that the Federal
share of the cost of the activities referred to in subpara-
graph (A) under any grant made under this paragraph
does not exceed 50 percent of the cost of such activities.’’.
(c) SANCTIONS.—Subsection (b)(9) of such section is
amended by inserting ‘‘, or that would provide for effective
civil or criminal penalty sanctions or equitable relief ap-
propriate to the nature of the offense’’ after ‘‘12 of this
Act’’.
(d) CONFORMING AMENDMENT.—Subsection (f) of
such section is amended by striking out ‘‘subsection (c)’’
and inserting in lieu thereof ‘‘subsection (c)(1)’’.
SEC. 4. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.
(a) NATURAL GAS PIPELINE FACILITIES.—Section
14(a) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1681(a)) is amended by inserting after ‘‘and
training activities’’ the following: ‘‘and promotional activi-
ties relating to prevention of damage to pipeline facilities’’.
(b) HAZARDOUS LIQUID PIPELINE FACILITIES.—
Section 211(a) of the Hazardous Liquid Pipeline Safety
Act of 1979 (title II of Public Law 96–129; 49 U.S.C.
App. 2010(a)) is amended by inserting after ‘‘and training
activities’’ the following: ‘‘and promotional activities relat-
ing to prevention of damage to pipeline facilities’’.
SEC. 5. ELECTRONIC DATA ON PIPELINE FACILITIES FOR
RISK ASSESSMENT AND SAFETY PLANNING.
(a) AUTHORITY TO DEVELOP.—The Secretary of
Transportation may develop an electronic data base con-
taining uniform information on the nature, extent, and ge-
ographic location of pipeline facilities. The purpose of the
data base shall be to provide information on such facilities
to the Secretary, owners of pipeline facilities, as persons
engaged in transporting gas or hazardous liquids through
pipeline facilities, and for secured use by State agencies
concerned with land use planning, environmental regula-
tion, and pipeline regulatory oversight, in order to facili-
tate risk assessment and safety planning with respect to
such facilities.
(b) CONTRACT AND GRANT AUTHORITY.—(1) Sub-
ject to paragraph (2), the Secretary may develop the data
base described under subsection (a) by entering into con-
tracts or cooperative agreements with any entity that the
Secretary determines appropriate for that purpose and by
making grants to States or institutions of higher edu-
cation for that purpose.
(2) The Secretary shall ensure that the Federal share
of the cost of any activities carried out under a grant or
cooperative agreement made under this subsection does
not exceed 50 percent of the cost of such activities.
(c) USE
OF GEOGRAPHIC INFORMATION SYSTEM
TECHNOLOGY.—In developing the data base described in
subsection (a), the Secretary shall, to the maximum extent
practicable, develop a data base that—
(1) utilizes Geographic Information System
technology or any similar technology providing data
of an equivalent quality and usefulness; and
(2) permits ready incorporation of data and in-
formation from a variety of sources.
(d) DEFINITION.—For purposes of this section, the
term ‘‘pipeline facility’’ has the meaning given such term
in section 20(e) of the Natural Gas Pipeline Safety Act
of 1968 (49 U.S.C. App. 1687(e)).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) NATURAL
GAS
PIPELINE
SAFETY
ACT
OF
1968.—(1) Section 17(a) of the Natural Gas Pipeline
Safety Act of 1968 (49 U.S.C. App. 1684(a)) is amend-
ed—
(A) in paragraph (12), by striking ‘‘and’’;
(B) by striking paragraph (13); and
(C) by adding after paragraph (12) the follow-
ing new paragraphs:
‘‘(13) $20,000,000 for the fiscal year ending
September 30, 1995;
‘‘(14) $30,000,000 for the fiscal year ending
September 30, 1996; and
‘‘(15) $35,000,000 for the fiscal year ending
September 30, 1997.’’.
(2) Section 17(c) of the Natural Gas Pipeline Safety
Act of 1968 (49 U.S.C. App. 1684(c)) is amended by
striking ‘‘and $10,000,000 for the fiscal year ending Sep-
tember 30, 1995’’ and inserting in lieu thereof
‘‘$16,500,000 for the fiscal year ending September 30,
1995, $19,000,000 for the fiscal year ending September
30, 1996, and $21,500,000 for the fiscal year ending Sep-
tember 30, 1997’’.
(b) HAZARDOUS LIQUID PIPELINE SAFETY ACT OF
1979.—Section 214(a) of the Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. App. 2013(a)) is amend-
ed—
(1) in paragraph (12), by striking ‘‘and’’;
(2) by striking paragraph (13); and
(3) by adding after paragraph (12) the follow-
ing new paragraphs:
‘‘(13) $7,000,000 for the fiscal year ending
September 30, 1995;
‘‘(14) $10,000,000 for the fiscal year ending
September 30, 1996; and
‘‘(15) $11,000,000 for the fiscal year ending
September 30, 1997.’’.
SEC. 7. SITING OF INTERSTATE TRANSMISSION FACILITIES.
(a) SITING GUIDELINES.—Within 2 years after the
date of enactment of this Act, the Federal Energy Regu-
latory Commission shall review its practices and guidelines
for siting natural gas interstate transmission facilities in
urban areas to determine whether changes are needed in
the areas of—
(1) selecting routes for pipelines; and
(2) determining the appropriate width of rights-
of-way.
(b) EDUCATIONAL INFORMATION FOR LOCAL JURIS-
DICTIONS.—(1)(A) Within 2 years after the date of enact-
ment of this Act, the Secretary, in consultation with the
Federal Energy Regulatory Commission, shall make edu-
cational information available, regarding natural gas
interstate transmission facilities permits and rights-of-way
and issues with respect to development in the vicinity of
such interstate transmission facilities, for distribution to
appropriate agencies of local governments with jurisdiction
over the lands through which natural gas interstate trans-
mission facilities pass.
(B) For purposes of this section, the term ‘‘interstate
transmission facilities’’ has the meaning given such term
in section 2(8) of the Natural Gas Pipeline Safety Act of
1968 (49 U.S.C. App. 1671(8)).
(2)(A) Within 2 years after the date of enactment
of this Act, the Secretary shall make educational informa-
tion available, regarding hazardous liquid interstate pipe-
line facilities rights-of-way and issues with respect to de-
velopment in the vicinity of such interstate pipeline facili-
ties, for distribution to appropriate agencies of local gov-
ernments with jurisdiction over the lands through which
hazardous liquid interstate pipeline facilities pass.
(B) For purposes of this paragraph, the term ‘‘inter-
state pipeline facilities’’ has the meaning given such term
in section 202(5) of the Hazardous Liquid Pipeline Safety
Act of 1979 (49 U.S.C. App. 2001(5)).
(3) There are authorized to be appropriated to the
Secretary of Energy for carrying out this subsection,
$2,000,000, to remain available until expended.
SEC. 8. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.
(a) NATURAL
GAS
PIPELINE
SAFETY
ACT
OF
1968.—
(1) AMENDMENT.—The Natural Gas Pipeline
Safety Act of 1968 (49 U.S.C. App. 1671 et seq.)
is amended by adding at the end the following new
section:
‘‘SEC. 22. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.
‘‘(a) PROHIBITION.—No person shall excavate within
the right-of-way of a natural gas interstate transmission
facility, or any other limited area in the vicinity of such
interstate transmission facility established by the Sec-
retary, and dispose solid waste therein.
‘‘(b) DEFINITION.—For purposes of this section, the
term ‘solid waste’ has the meaning given such term in sec-
tion 1004(27) of the Solid Waste Disposal Act (42 U.S.C.
6903(27)).’’.
(2) 
CONFORMING
AMENDMENTS.—Section
11(a)(1) and (c)(1) of the Natural Gas Pipeline
Safety Act of 1968 (49 U.S.C. App. 1679a(a)(1)
and (c)(1)) is amended by striking ‘‘or section
20(h)’’ and inserting in lieu thereof ‘‘, section 20(h),
or section 22(a)’’.
(b) HAZARDOUS LIQUID PIPELINE SAFETY ACT OF
1979.—
(1) 
AMENDMENT.—The 
Hazardous 
Liquid
Pipeline Safety Act of 1979 (49 U.S.C. App. 2001
et seq.) is amended by adding at the end the follow-
ing new section:
‘‘SEC. 221. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.
‘‘(a) PROHIBITION.—No person shall excavate within
the right-of-way of a hazardous liquid interstate pipeline
facility, or any other limited area in the vicinity of such
interstate pipeline facility established by the Secretary,
and dispose solid waste therein.
‘‘(b) DEFINITION.—For purposes of this section, the
term ‘solid waste’ has the meaning given such term in sec-
tion 1004(27) of the Solid Waste Disposal Act (42 U.S.C.
6903(27)).’’.
(2) 
CONFORMING
AMENDMENTS.—Section
208(a)(1) and (c)(1) of the Hazardous Liquid Pipe-
line Safety Act of 1979 (49 U.S.C. App. 2007(a)(1)
and (c)(1)) is amended by inserting ‘‘or section
221(a)’’ after ‘‘section 207(a)’’.
SEC. 9. PERIODIC INSPECTION BY INSTRUMENTED INTER-
NAL INSPECTION DEVICES.
(a) NATURAL
GAS
PIPELINE
SAFETY
ACT
OF
1968.—Section 3(g)(2) of the Natural Gas Pipeline Safety
Act of 1968 (49 U.S.C. App. 1672(g)(2)) is amended—
(1) by striking ‘‘Not later than 3 years after
the date of the enactment of this paragraph’’ and in-
serting in lieu thereof ‘‘Not later than 1 year after
the date of the enactment of the Natural Gas Pipe-
line Safety Improvement Act of 1994’’; and
(2) in the first sentence, by inserting ‘‘and shall
prescribe a schedule or schedules for such inspec-
tions’’ after ‘‘operator of the pipeline’’.
(b) HAZARDOUS LIQUID PIPELINE SAFETY ACT OF
1979.—Section 203(k)(2) of the Hazardous Liquid Pipe-
line Safety Act of 1979 (49 U.S.C. App. 2002(k)(2)) is
amended—
(1) by striking ‘‘Not later than 3 years after
the date of the enactment of this paragraph’’ and in-
serting in lieu thereof ‘‘Not later than 1 year after
the date of the enactment of the Natural Gas Pipe-
line Safety Improvement Act of 1994’’; and
(2) in the first sentence, by inserting ‘‘and shall
prescribe a schedule or schedules for such inspec-
tions’’ after ‘‘operator of the pipeline’’.
SEC. 10. PROMOTING PUBLIC AWARENESS FOR NEIGHBORS
OF PIPELINES.
(a) NATURAL
GAS
PIPELINE
SAFETY
ACT
OF
1968.—Section 18 of the Natural Gas Pipeline Safety Act
of 1968 (49 U.S.C. App. 1685) is amended by adding at
the end the following new subsections:
‘‘(c) PROMOTING PUBLIC AWARENESS FOR NEIGH-
BORS OF PIPELINES.—Not later than 1 year after the date
of enactment of this subsection, and annually thereafter,
the owner or operator of each interstate transmission facil-
ity shall notify all residents within 1000 yards, or such
other distance as the Secretary determines appropriate, of
such interstate transmission facility of—
‘‘(1) the general location of the interstate trans-
mission facility;
‘‘(2) a request for reporting of any instances of
excavation or dumping on or near the interstate
transmission facility;
‘‘(3) a phone number to use to make such re-
ports; and
‘‘(4) appropriate procedures for such residents
to follow in response to accidents concerning inter-
state transmission facilities.
‘‘(d) PUBLIC EDUCATION.—The Secretary shall de-
velop, in conjunction with appropriate representatives of
the natural gas pipeline industry, public service announce-
ments to be broadcast or published to educate the public
about pipeline safety.’’.
(b) HAZARDOUS LIQUID PIPELINE SAFETY ACT OF
1979.—Section 212 of the Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. App. 2011) is amended
by adding at the end the following new subsections:
‘‘(e) PROMOTING PUBLIC AWARENESS FOR NEIGH-
BORS OF PIPELINES.—Not later than 1 year after the date
of enactment of this subsection, and annually thereafter,
the owner or operator of each interstate pipeline facility
shall notify all residents within 1000 yards, or such other
distance as the Secretary determines appropriate, of such
interstate pipeline facility of—
‘‘(1) the general location of the interstate pipe-
line facility;
‘‘(2) a request for reporting of any instances of
excavation or dumping on or near the interstate
pipeline facility;
‘‘(3) a phone number to use to make such re-
ports; and
‘‘(4) appropriate procedures for such residents
to follow in response to accidents concerning inter-
state pipeline facilities.
‘‘(f) PUBLIC EDUCATION.—The Secretary shall de-
velop, in conjunction with appropriate representatives of
the hazardous liquid pipeline industry, public service an-
nouncements to be broadcast or published to educate the
public about pipeline safety.’’.
SEC. 11. REMOTELY OR AUTOMATICALLY CONTROLLED
VALVES.
Section 3 of the Natural Gas Pipeline Safety Act of
1968 (49 U.S.C. App. 1672) is amended by adding at the
end the following new subsection:
‘‘(l) REMOTELY OR AUTOMATICALLY CONTROLLED
VALVES.—Not later than 18 months after the date of en-
actment of this subsection, the Secretary shall issue regu-
lations requiring the installation and use, wherever tech-
nically and economically feasible, of remotely or automati-
cally controlled valves that are reliable and capable of
shutting off the flow of gas in the event of an accident,
including accidents in which there is a loss of the primary
power source. In developing proposed regulations, the Sec-
retary shall consult with, and give special consideration
to recommendations of, appropriate groups from the gas
pipeline industry, such as the Gas Research Institute.’’.
SEC. 12. BASELINE INFORMATION.
(a) NATURAL
GAS
PIPELINE
SAFETY
ACT
OF
1968.—Section 3(g) of the Natural Gas Pipeline Safety
Act of 1968 (49 U.S.C. App. 1672(g)) is amended by add-
ing at the end the following new paragraph:
‘‘(3) BASELINE INFORMATION.—Before trans-
porting natural gas through a pipeline which, be-
cause of its design, construction, or replacement, is
required by regulations issued under paragraph (1)
to accommodate the passage of instrumented inter-
nal inspection devices, the owner or operator of such
pipeline shall, using such a device, obtain baseline
information with respect to the safety of the pipe-
line.’’.
(b) HAZARDOUS LIQUID PIPELINE SAFETY ACT OF
1979.—Section 203(k) of the Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. App. 2002(k)) is amended
by adding at the end the following new paragraph:
‘‘(3) BASELINE INFORMATION.—Before trans-
porting hazardous liquids through a pipeline which,
because of its design, construction, or replacement,
is required by regulations issued under paragraph
(1) to accommodate the passage of instrumented in-
ternal inspection devices, the owner or operator of
such pipeline shall, using such a device, obtain base-
line information with respect to the safety of the
pipeline.’’.
Æ
HR 4616 IH——2
HR 4616 IH——3