Title: Great Lakes Oil Spill Prevention Act
Policy area: Transportation and Public Works

Summary:
Great Lakes Oil Spill Prevention Act
This bill establishes requirements for petroleum pipelines that cross the navigable waters of the Great Lakes system.
The Pipeline and Hazardous Materials Safety Administration and the Department of Transportation must meet certain reporting requirements regarding Great Lakes pipelines.
Owners and operators of Great Lakes pipelines must:
The bill establishes civil penalties for a delay in correcting violations, a failure to report violations, and a failure to meet a deadline to replace aging pipes.
The bill increases the liability of pipeline operators or owners who are responsible for discharges of oil pollution from pipelines into the Great Lakes. Responsible parties must establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability to which the party may be subjected.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4787 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4787

 To impose additional requirements on portions of petroleum pipelines 
   that cross the waters of the Great Lakes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2018

    Mr. Bishop of Michigan 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 impose additional requirements on portions of petroleum pipelines 
   that cross the waters of the Great Lakes, 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.

    This Act may be cited as the ``Great Lakes Oil Spill Prevention 
Act''.

SEC. 2. ADDITIONAL REQUIREMENTS FOR GREAT LAKES PIPELINES.

    Chapter 601 of title 49, United States Code, is amended by adding 
at the end the following:
``Sec. 60142. Standards for Great Lakes pipelines
    ``(a) Additional Oversight.--
            ``(1) Biannual phmsa report.--Not later than 12 months 
        after the date of enactment of this section, and every 6 months 
        thereafter, the Administrator of PHMSA shall provide a status 
        report on all Great Lakes pipelines to the Secretary.
            ``(2) Annual phmsa report.--Not later than 12 months after 
        the date of enactment of this section, and on an annual basis 
        thereafter, the Administrator of PHMSA shall make available to 
        the public a status report on all Great Lakes pipelines.
            ``(3) Annual department of transportation report.--Not 
        later than 12 months after the date of enactment of this 
        section, and on an annual basis thereafter, the Secretary shall 
        provide to Congress a status report on all Great Lakes 
        pipelines, including recommendations on additional standards 
        that may be necessary to improve the safety of such pipelines.
            ``(4) Availability of materials to state and local 
        agencies.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law and subject to subparagraph (B), the 
                Administrator of PHMSA shall provide access to the 
                Governor of the State with jurisdiction over the 
                relevant portion of such pipeline and any additional 
                entities of such State designated by such Governor to 
                receive such a notification all information in the 
                possession of PHMSA concerning such portion.
                    ``(B) Exception for sensitive information.--
                Pursuant to subparagraph (A), the Administrator may not 
                provide access to security-sensitive information, 
                including information described in section 1520.5(a) of 
                title 49, Code of Federal Regulations.
    ``(b) Additional Standards.--
            ``(1) Maintenance requirements.--The owner and operator of 
        a Great Lakes pipeline shall adhere to the following 
        requirements with respect to a Great Lakes pipeline:
                    ``(A) Maintain a functional anchor every 75 feet, 
                at minimum, for every section of such pipeline that is 
                at least 30 feet below the surface of the water.
                    ``(B) Maintain at least 1 functional computational 
                pipeline monitoring system in every 1,500-foot section 
                of such pipeline that is at least 10 feet below the 
                surface of the water.
                    ``(C) Install cathodic wrapping on such pipeline.
                    ``(D) No holiday in cathodic wrapping may exceed 3 
                square inches.
                    ``(E) Install enamel coating on such pipeline.
                    ``(F) No holiday in enamel coating may exceed 3 
                square inches.
                    ``(G) Maintain such pipeline without any corrosion.
                    ``(H) Install and maintain the functional ability 
                to shut off the pressure of such pipeline in case of an 
                emergency.
            ``(2) Testing requirements.--An operator of a Great Lakes 
        pipeline shall, at least once every 12 months, perform the 
        following actions with respect to a Great Lakes pipeline:
                    ``(A) Conduct at least one in-line test, also known 
                as a `smart pig', to determine the integrity of the 
                interior of such pipeline.
                    ``(B) Conduct at least one Remote Operated Vehicle 
                (ROV) inspection to determine the structural integrity 
                of the exterior of such pipeline.
                    ``(C) Conduct at least one hydrostatic test to 
                determine the integrity and ability of such pipeline to 
                sustain pressure.
            ``(3) Company reporting requirements.--The operator and 
        owner of a Great Lakes pipeline shall--
                    ``(A) immediately, but in no event more than 1 
                business day, after the date of discovery of a 
                violation of paragraph (1) report any such known 
                violation to--
                            ``(i) the Administrator of PHMSA; and
                            ``(ii) the Governor of the State with 
                        jurisdiction over the relevant portion of such 
                        pipeline and any additional entities of such 
                        State designated by such Governor to receive 
                        such a notification; and
                    ``(B) provide notification of any tests conducted 
                pursuant to paragraph (2) to--
                            ``(i) the Administrator of PHMSA; and
                            ``(ii) the Governor of the State with 
                        jurisdiction over the relevant portion of such 
                        pipeline and any additional entities of such 
                        State designated by such Governor to receive 
                        such a notification.
            ``(4) Corrective action timelines.--The Administrator of 
        PHMSA shall issue to the owner or operator of a Great Lakes 
        pipeline a corrective action timeline for each violation of 
        paragraph (1), during which such violation shall be remedied, 
        as follows:
                    ``(A) A corrective action timeline for a violation 
                of subparagraphs (A), (B), (G), or (H) of paragraph (1) 
                may be for a period of not more than 365 days.
                    ``(B) A corrective action timeline for a violation 
                of subparagraph (C) or (E) of paragraph (1) may be for 
                a period of not more than 180 days.
                    ``(C) A corrective action timeline for a violation 
                of subparagraph (D) or (F) of paragraph (1) may be for 
                a period of not more than 90 days.
            ``(5) Running of corrective action timeline.--A corrective 
        action timeline described in paragraph (4) shall begin to run 
        from the date on which it is issued to the owner or operator of 
        the pipeline.
            ``(6) Special rule for corrosion.--
                    ``(A) In general.--An owner or operator of a Great 
                Lakes pipeline who learns of corrosion in such pipeline 
                shall immediately pursue steps to ensure such pipeline 
                ceases to transmit petroleum until such corrosion is 
                repaired.
                    ``(B) Option to restart transmission.--The 
                Administrator of PHMSA may inspect a pipeline described 
                in subparagraph (A) and permit such pipeline to resume 
                transmission if the Administrator makes a determination 
                that such pipeline can operate safely.
            ``(7) Special rule for aging pipelines.--
                    ``(A) In general.--The owner or operator of a Great 
                Lakes pipeline may not operate such a pipeline (and may 
                replace such a pipeline with a new pipeline in 
                accordance with this chapter) after the conclusion of 
                the time period described in subparagraph (B).
                    ``(B) Time period.--The time period described in 
                this subparagraph is--
                            ``(i) for a Great Lakes pipeline that first 
                        transported petroleum or a petroleum product 
                        earlier than the date that is 50 years before 
                        the date of enactment of this section, the 5-
                        year period commencing on the date of enactment 
                        of this section; and
                            ``(ii) for any other Great Lakes pipeline, 
                        the 52-year period commencing on the date such 
                        pipeline first transported petroleum or a 
                        petroleum product.
    ``(c) Additional Penalties.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, an owner or operator of a Great Lakes pipeline shall be 
        liable for a civil penalty for each day during which a repair 
        has not been completed following the conclusion of the 
        applicable period of the corrective action timeline issued 
        pursuant to subsection (b)(4) as follows:
                    ``(A) A penalty for a violation of subsection 
                (b)(1)(A) may not be less than $2,000 and not more than 
                $20,000 a day.
                    ``(B) A penalty for a violation of subsection 
                (b)(1)(B) may not be less than $1,000 and not more than 
                $10,000 a day.
                    ``(C) A penalty for a violation of subsection 
                (b)(1)(C) may not be less than $1,000 and not more than 
                $10,000 a day.
                    ``(D) A penalty for a violation of subsection 
                (b)(1)(D) may not be less than $100 and not more than 
                $1,000 a day.
                    ``(E) A penalty for a violation of subsection 
                (b)(1)(E) may not be less than $1,000 and not more than 
                $10,000.
                    ``(F) A penalty for a violation of subsection 
                (b)(1)(F) may not be less than $100 and not more than 
                $1,000.
                    ``(G) A penalty for a violation of subsection 
                (b)(1)(G) may not be less than $5,000 and not more than 
                $30,000 a day.
                    ``(H) A penalty for a violation of subsection 
                (b)(1)(H) may not be less than $500 and not more than 
                $1,000 a day.
            ``(2) Failure to submit required reports.--An owner or 
        operator of a Great Lakes pipeline that knowingly violates 
        subsection (b)(3)(A) shall be liable for a civil penalty of not 
        less than $50,000 and not more than $500,000.
            ``(3) Continued operation of aging pipeline.--A civil 
        penalty for a violation of subsection (b)(7) may not be less 
        than $100,000 and not more than $500,000 a day after the 
        conclusion of the applicable period described in such 
        subsection.
            ``(4) Treatment of penalties.--Amounts collected under this 
        section shall be deposited in the Oil Spill Liability Trust 
        Fund established under section 9509 of the Internal Revenue 
        Code of 1986 (26 U.S.C. 9509).
    ``(d) Regulations; Effective Date.--
            ``(1) Regulations.--The Secretary shall issue regulations 
        to implement the requirements of this section not later than 90 
        days after the date of enactment of this section.
            ``(2) Effective date.--The requirements of paragraphs (1) 
        through (6) of subsection (b) shall be effective on the day 
        that is 1 year after the date of enactment of this section.''.

SEC. 3. ADDITIONAL LIABILITY FOR SPILLS.

    (a) Definitions.--Section 1001 of the Oil Pollution Act of 1990 (33 
U.S.C. 2701) is amended--
            (1) by redesignating paragraphs (9), (10), (11), (12) 
        through (15), (16) through (24), (25), (26), (27), (28), (29), 
        (30), (31), (32), (33), (34) through (37), (38), (39), (40), 
        (41), (42), (43), and (44) as paragraphs (10), (13), (14), (17) 
        through (20), (22) through (30), (32), (33), (36), (35), (37), 
        (39), (38), (40), (41), (43) through (46), (34), (9), (11), 
        (12), (21), (31), and (42), respectively; and
            (2) by inserting after paragraph (14) (as redesignated) the 
        following:
            ``(15) `Great Lakes pipeline' has the meaning given such 
        term in section 60101(a) of title 49, United States Code;
            ``(16) `Great Lakes system' has the meaning given such term 
        in section 60101(a) of title 49, United States Code;''.
    (b) Liability for Great Lakes Pipelines.--Section 1004(a) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) for a Great Lakes pipeline, the total of all removal 
        costs plus $75,000,000.''.
    (c) Financial Responsibility Requirement for Great Lakes 
Pipelines.--Section 1016(c) of the Oil Pollution Act of 1990 (33 U.S.C. 
2716(c)) is amended--
            (1) in the subsection heading, by inserting ``and Great 
        Lakes Pipelines'' after ``Facilities''; and
            (2) by adding at the end the following:
            ``(3) Great lakes pipelines.--A responsible party with 
        respect to a Great Lakes pipeline shall establish and maintain 
        evidence of financial responsibility in the same manner as 
        described in paragraph (1).''.

SEC. 4. DEFINITIONS.

    Section 60101(a) of title 49, United States Code, is amended--
            (1) by striking ``and'' in paragraph (25);
            (2) by striking the period at the end of paragraph (26) and 
        inserting ``;''; and
            (3) by adding at the end the following:
            ``(27) `Great Lakes pipeline' means the portion of any 
        pipeline that--
                    ``(A) is used in transporting petroleum or a 
                petroleum product; and
                    ``(B) crosses the navigable waters of the Great 
                Lakes system;
            ``(28) `Great Lakes system' means Lake Ontario, Lake Erie, 
        Lake Huron (including Lake St. Clair), Lake Michigan, and Lake 
        Superior, and the connecting channels (Saint Mary's River, 
        Saint Clair River, Detroit River, Niagara River, and Saint 
        Lawrence River to the Canadian Border); and
            ``(29) `PHMSA' means the Pipeline and Hazardous Materials 
        Safety Administration.''.
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