I
104TH CONGRESS
1ST SESSION
H. R. 432
To amend chapter 601 of title 49, United States Code, to improve natural
gas and hazardous liquid pipeline safety, in response to the natural
gas pipeline accident in Edison, New Jersey, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1995
Mr. PALLONE (for himself and Mr. FRANKS of New Jersey) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure and, in addition, to the Committee on Commerce for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend chapter 601 of title 49, United States Code,
to improve natural gas and hazardous liquid pipeline
safety, in response to the natural gas pipeline accident
in Edison, New Jersey, and for other purposes.
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 1995’’.
‘‘(B) results in property damage (including the
cost of any lost natural gas or hazardous liquid) and
environmental damage (including the cost of any en-
vironmental remediation) in an amount in excess of
$250,000.
‘‘(3) The amount that the Secretary may recover
under this subsection with respect to an accident may not
exceed $500,000.
‘‘(4)(A) Amounts recovered by the Secretary under
this subsection shall be available to the Secretary for pur-
poses of the payment of the costs of investigating and
overseeing responses to accidents under this subsection.
Such funds shall be available to the Secretary for such
purposes without fiscal year limitation.
‘‘(B) Such amounts shall be used to supplement and
not to supplant other funds made available to the Sec-
retary for such purposes.’’.
SEC. 3. GRANTS TO STATES AND ONE-CALL NOTIFICATION
SYSTEMS TO PROMOTE USE OF SUCH SYS-
TEMS.
(a) GRANTS TO STATES.—Subsection (b) of section
60114 of title 49, United States Code, is amended by add-
ing at the end the following: ‘‘The Secretary may make
a grant to a State for development and establishment of
a one-call notification system only if the State ensures that
the cost of establishing and operating the system are
shared equitably by persons owning or operating under-
ground facilities.’’.
(b) GRANTS TO SYSTEMS.—Such subsection is fur-
ther amended—
(1) by inserting ‘‘(1)’’ after ‘‘GRANTS.—’’; and
(2) by adding at the end the following:
‘‘(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 (a)(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 ‘‘60123 of
this title’’.
SEC. 4. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.
Section 60117(a) of title 49, United States Code, is
amended by inserting after ‘‘and training activities’’ the
following: ‘‘and promotional activities relating to preven-
tion 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 60101 of title 49, United States Code.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) NATURAL GAS.—(1) Section 60125(a) of title 49,
United States Code, is amended by adding after para-
graph (3) the following new paragraphs:
‘‘(4) $20,000,000 for the fiscal year ending
September 30, 1996.
‘‘(5) $30,000,000 for the fiscal year ending
September 30, 1997.
‘‘(6) $35,000,000 for the fiscal year ending
September 30, 1998.’’.
(2) Section 60125(c)(1) of title 49, United States
Code, is amended by adding after subparagraph (C) the
following new subparagraphs:
‘‘(D) $16,500,000 for the fiscal year ending
September 30, 1996.
‘‘(E) $19,000,000 for the fiscal year ending
September 30, 1997.
‘‘(F) $21,500,000 for the fiscal year ending
September 30, 1998.’’.
(b) HAZARDOUS LIQUID.—Section 60125(b) of title
49, United States Code, is amended by adding after para-
graph (3) the following new paragraphs:
‘‘(4) $7,000,000 for the fiscal year ending Sep-
tember 30, 1996.
‘‘(5) $10,000,000 for the fiscal year ending
September 30, 1997.
‘‘(6) $11,000,000 for the fiscal year ending
September 30, 1998.’’.
SEC. 7. SITING OF INTERSTATE PIPELINE 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 interstate gas pipeline 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 of Transportation, in con-
sultation with the Federal Energy Regulatory Commis-
sion, shall make educational information available, regard-
ing interstate gas pipeline facilities permits and rights-of-
way and issues with respect to development in the vicinity
of such interstate gas pipeline facilities, for distribution
to appropriate agencies of local governments with jurisdic-
tion over the lands through which interstate gas pipeline
facilities pass.
(B) For purposes of this section, the term ‘‘interstate
gas pipeline facility’’ has the meaning given such term in
section 60101 of title 49, United States Code.
(2)(A) Within 2 years after the date of enactment
of this Act, the Secretary of Transportation shall make
educational information available, regarding interstate
hazardous liquid pipeline facilities rights-of-way and issues
with respect to development in the vicinity of such inter-
state pipeline facilities, for distribution to appropriate
agencies of local governments with jurisdiction over the
lands through which interstate hazardous liquid pipeline
facilities pass.
(B) For purposes of this paragraph, the term ‘‘inter-
state hazardous liquid pipeline facility’’ has the meaning
given such term in section 60101 of title 49, United States
Code.
(3) There are authorized to be appropriated to the
Secretary of Transportation for carrying out this sub-
section, $2,000,000, to remain available until expended.
SEC. 8. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.
(a) AMENDMENT.—Chapter 601 of title 49, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 60126. Dumping within pipeline rights-of-way
‘‘(a) PROHIBITION.—No person shall excavate within
the right-of-way of an interstate gas pipeline facility or
interstate hazardous liquid pipeline facility, or any other
limited area in the vicinity of any such interstate pipeline
facility established by the Secretary of Transportation,
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)).’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Sections
60122 and 60123 of title 49, United States Code, are
amended by striking ‘‘or 60118(a)’’ and inserting in lieu
thereof ‘‘, 60118(a), or 60126’’.
(2) The table of sections of chapter 601 of such title
is amended by adding at the end the following new item:
‘‘60126. Dumping within pipeline rights-of-way.’’.
SEC. 9. PERIODIC INSPECTION BY INSTRUMENTED INTER-
NAL INSPECTION DEVICES.
Section 60102(f)(2) of title 49, United States Code,
is amended—
(1) by striking ‘‘October 24, 1995’’ and insert-
ing in lieu thereof ‘‘1 year after the date of the en-
actment of the Natural Gas Pipeline Safety Im-
provement Act of 1995’’; and
(2) in the first sentence, by inserting ‘‘, and
shall prescribe a schedule or schedules for such in-
spections’’ after ‘‘60109 of this title’’.
SEC. 10. PROMOTING PUBLIC AWARENESS FOR NEIGHBORS
OF PIPELINES.
Section 60116 of title 49, United States Code, is
amended—
(1) by inserting ‘‘(a) GAS LEAKS.—’’ before
‘‘Under regulations the Secretary’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(b) 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 gas pipeline facil-
ity or interstate hazardous liquid pipeline facility shall no-
tify all residents within 1000 yards, or such other distance
as the Secretary of Transportation determines appro-
priate, 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.
‘‘(c) PUBLIC EDUCATION.—The Secretary of Trans-
portation shall develop, in conjunction with appropriate
representatives of the natural gas pipeline industry and
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 60102 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(l) REMOTELY OR AUTOMATICALLY CONTROLLED
VALVES.—Not later than 18 months after the date of en-
actment of this subsection, the Secretary of Transpor-
tation shall prescribe regulations requiring the installation
and use, wherever technically and economically feasible,
of remotely or automatically controlled valves that are reli-
able 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 pro-
posed regulations, the Secretary shall consult with, and
give special consideration to recommendations of, appro-
priate groups from the gas pipeline industry, such as the
Gas Research Institute.’’.
SEC. 12. BASELINE INFORMATION.
Section 60102(f) of title 49, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘(3) Before transporting natural gas or hazardous
liquid through a pipeline which, because of its design, con-
struction, or replacement, is required by regulations issued
under paragraph (1) to accommodate the passage of in-
strumented internal inspection devices, the owner or oper-
ator of such pipeline shall, using such a device, obtain
baseline information with respect to the safety of the pipe-
line.’’.
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