Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016

Bill: 114-s-2276
Sponsor: Sen. Fischer, Deb [R-NE]
Introduced: 2015-11-10 in the Senate
Policy area: Transportation and Public Works
Subjects: Accidents
Administrative law and regulatory procedures
Advisory bodies
Air quality
California
Congressional oversight
Department of Transportation
Ecology
Economic performance and conditions
Electric power generation and transmission
Emergency planning and evacuation
Employee hiring
Energy prices
Energy storage, supplies, demand
Environmental health
Fires
Government employee pay, benefits, personnel management
Government information and archives
Government studies and investigations
Government trust funds
Great Lakes
Hazardous wastes and toxic substances
Intergovernmental relations
Licensing and registrations
Marine pollution
Oil and gas
Pipelines
Public utilities and utility rates
Research and development
State and local government operations
Transportation programs funding
Transportation safety and security
User charges and fees
Water storage
Water use and supply

Summary:
action_date: 2015-11-10
text: 

Securing America's Future Energy: Protecting our Infrastructure of Pipelines and Enhancing Safety Act or the SAFE PIPES Act

 
This bill reauthorizes through FY2019 the gas and hazardous liquid pipeline and related programs of the Department of Transportation (DOT).
 
DOT shall make periodic reports to Congress on the status of a final rule for required pipeline safety regulations for which no interim final rule or direct final rule has been issued, and any other significant rulemaking.
 
The Government Accountability Office (GAO) shall report on the natural gas integrity management and hazardous liquid integrity management programs.
 
 After completion of any pipeline safety inspection, the Pipeline and Hazardous Materials Safety Administration (PHMSA), or the head of the agency leading the inspection, shall:
 
 
conduct a post-inspection briefing with the operator outlining concerns; or 
 
issue the operator a final report, notice of amendment of plans or procedures, safety order, or corrective action order.
 
 
DOT shall study improving damage prevention through technological improvements in location and communications practices to prevent accidental excavation damage to a pipe or its coating.
 
The PHMSA shall review its staff resource management, and may certify the existence of any severe shortage of qualified candidates or a critical hiring need for a PHMSA position or group of positions.
 
In developing a research and development program plan for pipeline facility integrity, the PHMSA shall: (1) create opportunities for joint research ventures with non-federal entities, and (2) permit collaborative research and development projects with appropriate non-federal organizations.
 
DOT shall convene a working group to consider development of a voluntary no-fault information sharing system to encourage collaborative efforts to improve inspection information feedback and information sharing regarding natural gas transmission and hazardous liquid pipeline integrity risk analysis.
 
DOT shall:
 
 
report on the feasibility of a national integrated pipeline safety regulatory inspection database to improve communication and collaboration between the PHMSA and state pipeline regulators; and 
 
issue minimum uniform safety standards for the operation, environmental protection, and integrity management of underground natural gas storage facilities.
 
 
 The PHMSA and an operator shall each consider the impact of a worst-case discharge of hazardous liquid, or the substantial threat of one, into or on any navigable waters or adjoining shorelines that may be covered by ice.
 
DOT shall revise certain regulations to state explicitly that the Great Lakes are a U.S.A. ecological resource for purposes of determining whether a pipeline is in a high consequence area.
 
The GAO shall report on the staffing, resource allocation, oversight strategy, and management of the Transportation Security Administration's pipeline security program and other surface transportation programs.

action_date: 2016-02-24
text: 

Securing America's Future Energy: Protecting our Infrastructure of Pipelines and Enhancing Safety Act or the SAFE PIPES Act

 
(Sec. 2) This bill reauthorizes through FY2019 the gas and hazardous liquid pipeline and related programs of the Department of Transportation (DOT), including emergency response grants, one-call notification programs, state damage prevention programs, community pipeline safety information grants, and the pipeline integrity program.
 
(Sec. 3) DOT shall make periodic reports to Congress on the status of a final rule for required pipeline safety regulations for which no interim final rule or direct final rule has been issued, and any other significant pipeline safety rulemaking.
 
(Sec. 4) The Pipeline and Hazardous Materials Safety Administration (PHMSA) shall rescind a June 26, 2015, interpretative letter requiring placards on flammable hazardous materials (hazmat) carriers to be changed to represent the lowest flash point of the particular type of fuel transported during each shipment.
 
The PHMSA shall reinstate previous regulations which provided that, as long as carriers do not transport a fuel with a lower flash point than the placard states, they shall not have to change the placard or purchase adjustable placards.
 
(Sec. 5) The PHMSA shall prioritize the use of its resources for the completion of each such outstanding statutory requirement, including requirements for rulemakings and information collection requests, for a rulemaking before beginning any new rulemaking required after enactment of this bill unless DOT certifies to Congress a significant need to move forward with a new rulemaking.
 
(Sec. 6) The Government Accountability Office (GAO) shall report on the natural gas integrity management and hazardous liquid integrity management programs.
 
(Sec. 8) Two of the individuals selected for each Technical Pipeline Safety Standards Committee and each Technical Hazardous Liquid Pipeline Safety Standards Committee must be state officials (currently, state commissioners). DOT must consult with national organizations representing commissioners (as under current law) or governors when making such a selection.
 
 (Sec. 9) After completion of any pipeline safety inspection, the PHMSA, or the state authority with a pipeline safety program certification, shall:
 
 
conduct a post-inspection briefing with the operator outlining concerns, and to the extent practicable, present written preliminary findings; or 
 
issue the operator a final report, notice of amendment of plans or procedures, safety order, or corrective action order.
 
 
(Sec. 10) The GAO shall assess:
 
 
 the feasibility of odorizing all combustible gas in transportation;
 
the impacts of the odorization of all combustible gas in transportation on manufacturers, agriculture, and other end users; and 
 
the relative benefits and costs associated with odorizing all combustible gas in transportation compared to using other methods to mitigate pipeline leaks.
 
 
(Sec. 11) DOT shall study improving existing damage prevention programs through technological improvements in location, mapping, and communications practices to prevent accidental excavation damage to a pipe or its coating, including considerations of technical, operational, and economic feasibility and existing damage prevention programs.
 
(Sec. 12) The PHMSA shall review its staff resource management, including geographic allocation plans, hiring challenges, and expected retirement rates and strategies, and may certify at least annually the existence of any severe shortage of qualified candidates or a critical hiring need for a PHMSA position or group of positions.
 
The PHMSA, after making such a certification, may hire a candidate for the position or candidates for the group of positions.
 
(Sec. 13) In developing a research and development program plan for pipeline facility integrity, the PHMSA shall: (1) create opportunities for joint research ventures with non-federal entities to leverage limited federal research resources; and (2) permit collaborative research and development projects with appropriate non-federal organizations.
 
(Sec. 14) DOT shall convene a working group to consider the development of a voluntary no-fault information sharing system to encourage collaborative efforts to improve inspection information feedback and information sharing regarding natural gas transmission and hazardous liquid pipeline integrity risk analysis.
 
(Sec. 15) DOT shall:
 
 
report on the feasibility of a national integrated pipeline safety regulatory inspection database to improve communication and collaboration between the PHMSA and state pipeline regulators; and 
 
issue minimum uniform safety standards incorporating consensus standards for the operation, environmental protection, and integrity management of underground natural gas storage facilities (such as depleted hydrocarbon, aquifer, or solution mined salt cavern reservoirs), for the operation of which a user fee shall apply.
 
 
(Sec. 17) DOT shall allow for a state authority with a pipeline safety program certification, at its request, to participate in the inspection of an interstate pipeline facility.
 
DOT may also grant temporary authority for a certified state authority to participate in oversight of interstate pipeline safety transportation to ensure proper safety oversight and prevent an adverse impact on public safety.
 
(Sec. 18) In preparing or reviewing a response plan for an onshore pipeline, the PHMSA and an operator shall each consider the impact of a worst-case discharge of hazardous liquid, or the substantial threat of one, into or on any navigable waters or adjoining shorelines that may be covered in whole or in part by ice.
 
(Sec. 19) DOT shall revise certain regulations to state explicitly that the Great Lakes are a USA ecological resource for purposes of determining whether a pipeline is in a high consequence area.
 
(Sec. 20) The GAO shall report on the staffing, resource allocation, oversight strategy, and management of the Transportation Security Administration's pipeline security program and other surface transportation programs.
 
(Sec. 21) DOT shall prescribe minimum safety standards for small scale intrastate liquefied natural gas facilities (other than peak shaving facilities) that produce liquefied natural gas for use as a fuel in the United States or for transportation in the United States by a means other than a pipeline facility.
 
(Sec. 22) The PHMSA shall report to Congress on the metrics provided to it and to other federal and state agencies related to lost and unaccounted for natural gas from distribution pipelines and systems.
 
(Sec. 23) The GAO shall conduct a state-by-state review of state-level policies that:
 
 
encourage the repair and replacement of leaking natural gas distribution pipelines or systems that pose a safety threat, such as timelines to repair leaks and limits on cost recovery from ratepayers; and
 
may create barriers for entities to conduct work to repair and replace leaking natural gas pipelines or distribution systems.
 
 
(Sec. 24) The PHMSA shall:
 
 
give an appropriate congressional committee, upon request, full and unredacted copies of oil spill response plans; and 
 
consult with the Federal Energy Regulatory Commission during its pre-filing procedures and permitting process for new natural gas pipeline infrastructure to ensure the protection of people and the environment from the risks of hazmat transportation.
 

action_date: 2016-03-03
text: 

Securing America's Future Energy: Protecting our Infrastructure of Pipelines and Enhancing Safety Act or the SAFE PIPES Act

 
(Sec. 2) This bill reauthorizes through FY2019 the gas and hazardous liquid pipeline and related programs of the Department of Transportation (DOT), including emergency response grants, one-call notification programs, state damage prevention programs, community pipeline safety information grants, and the pipeline integrity program.
 
(Sec. 3) DOT shall make periodic updates on a public website about the status of a final rule for required pipeline safety regulations for which no interim final rule or direct final rule has been issued, and any other significant pipeline safety rulemaking.
 
(Sec. 4) The Pipeline and Hazardous Materials Safety Administration (PHMSA) shall rescind a June 26, 2015, interpretative letter requiring placards on flammable hazardous materials (hazmat) carriers to be changed to represent the lowest flash point of the particular type of fuel transported during each shipment.
 
The PHMSA shall reinstate previous regulations which provided that, as long as carriers do not transport a fuel with a lower flash point than the placard states, they shall not have to change the placard or purchase adjustable placards.
 
(Sec. 5) The PHMSA shall prioritize the use of Office of Pipeline Safety resources for the development of each such outstanding pipeline safety statutory requirement, including requirements for rulemakings and information collection requests, for a rulemaking before beginning any new rulemaking required after enactment of this bill unless DOT certifies to Congress a significant need to move forward with a new rulemaking.
 
(Sec. 6) The Government Accountability Office (GAO) shall report on the natural gas integrity management and hazardous liquid integrity management programs.
 
(Sec. 8) Two of the individuals selected for each Technical Pipeline Safety Standards Committee and each Technical Hazardous Liquid Pipeline Safety Standards Committee must be state officials (currently, state commissioners). DOT must consult with national organizations representing commissioners (as under current law) or governors when making such a selection.
 
 (Sec. 9) After completion of any pipeline safety inspection, the PHMSA, or the state authority with a pipeline safety program certification, shall:
 
 
conduct a post-inspection briefing with the operator outlining concerns, and to the extent practicable, present written preliminary findings; or 
 
issue the operator a final report, notice of amendment of plans or procedures, safety order, or corrective action order.
 
 
(Sec. 10) The GAO shall assess:
 
 
 the feasibility of odorizing all combustible gas in transportation;
 
the impacts of the odorization of all combustible gas in transportation on manufacturers, agriculture, and other end users; and 
 
the relative benefits and costs associated with odorizing all combustible gas in transportation, including impacts on health and safety, compared to using other methods to mitigate pipeline leaks.
 
 
(Sec. 11) DOT shall study improving existing damage prevention programs through technological improvements in location, mapping, and communications practices to prevent accidental excavation damage to a pipe or its coating, including considerations of technical, operational, and economic feasibility and existing damage prevention programs.
 
(Sec. 12) The PHMSA shall review its staff resource management, including geographic allocation plans, hiring challenges, and expected retirement rates and strategies, and may certify at least annually the existence of any severe shortage of qualified candidates or a critical hiring need for a PHMSA position or group of positions.
 
The PHMSA, after making such a certification, may hire a candidate for the position or candidates for the group of positions indicated in it.
 
(Sec. 13) In developing a research and development program plan for pipeline facility integrity, the PHMSA shall: (1) create opportunities for joint research ventures with non-federal entities to leverage limited federal research resources; and (2) permit collaborative research and development projects with appropriate non-federal organizations.
 
(Sec. 14) DOT shall convene a working group to consider the development of a voluntary no-fault information sharing system to encourage collaborative efforts to improve inspection information feedback and information sharing regarding natural gas transmission and hazardous liquid pipeline integrity risk analysis.
 
(Sec. 15) DOT shall:
 
 
report on the feasibility of a national integrated pipeline safety regulatory inspection database to improve communication and collaboration between the PHMSA and state pipeline regulators; and 
 
issue minimum uniform safety standards incorporating consensus standards for the operation, environmental protection, and integrity management of underground natural gas storage facilities (such as depleted hydrocarbon, aquifer, or solution mined salt cavern reservoirs), for the operation of which a user fee shall apply.
 
 
(Sec. 17) DOT shall allow for a state authority with a pipeline safety program certification, at its request, to participate in the inspection of an interstate pipeline facility.
 
DOT may also grant temporary authority for a certified state authority to participate in oversight of interstate pipeline safety transportation to ensure proper safety oversight and prevent an adverse impact on public safety.
 
(Sec. 18) In preparing or reviewing a response plan for an onshore pipeline, the PHMSA and an operator shall each address the impact of a worst-case discharge of hazardous liquid, or the substantial threat of one, into or on any navigable waters or adjoining shorelines that may be covered in whole or in part by ice.
 
(Sec. 19) DOT shall revise certain regulations to state explicitly that the Great Lakes are a USA ecological resource for purposes of determining whether a pipeline is in a high consequence area.
 
(Sec. 20) The GAO shall report on the staffing, resource allocation, oversight strategy, and management of the Transportation Security Administration's pipeline security program and other surface transportation programs.
 
(Sec. 21) DOT shall prescribe minimum safety standards for small scale permanent intrastate liquefied natural gas facilities (other than peak shaving facilities) that produce liquefied natural gas for use as a fuel in the United States or for transportation in the United States by a means other than a pipeline facility.
 
(Sec. 22) The PHMSA shall report to Congress on the metrics provided to it and to other federal and state agencies related to lost and unaccounted for natural gas from distribution pipelines and systems.
 
(Sec. 23) The GAO shall conduct a state-by-state review of state-level policies that:
 
 
encourage the repair and replacement of leaking natural gas distribution pipelines or systems that pose a safety threat, such as timelines to repair leaks and limits on cost recovery from ratepayers; and
 
may create barriers for entities to conduct work to repair and replace leaking natural gas pipelines or distribution systems.
 
 
(Sec. 24) The PHMSA shall give the Chairperson or Ranking Member of an appropriate congressional committee, upon request, a uniquely identifiable, unredacted copy of an oil spill response plan.
 
Any information subject to exclusion from a response plan shall be afforded appropriate protection against unauthorized public disclosure, consistent with the rules and practices related to the protection of confidential information received by Congress.
 
Such excluded information comprises:
 
 
proprietary information;
 
security-sensitive information;
 
specific response resources and tactical resource deployment plans; and
 
the specific amount and location of worst case discharges, including the process by which an owner or operator determines the worst case discharge. 
 
(Sec. 25) The PHMSA shall consult with the Federal Energy Regulatory Commission during its pre-filing procedures and permitting process for new natural gas pipeline infrastructure to ensure the protection of people and the environment from the risks of hazmat transportation.
 
(Sec. 26) The bill revises DOT authority to withhold any part of a payment from a state authority under a state pipeline safety grant if the state authority is not maintaining a satisfactory effort to carry out a safety program or is not acting satisfactorily as an agent.
 
(Sec. 27) DOT shall lead and establish an Aliso Canyon Task Force to:
 
 
analyze the cause and contributing factors of the Aliso Canyon natural gas leak;
 
analyze measures taken to stop the leak;
 
assess the impact of the leak on health, safety, the environment, and the economy of the residents and property surrounding Aliso Canyon, on wholesale and retail electricity prices, and on the reliability of the bulk-power system;
 
analyze how federal, state, and local agencies responded to the leak;
 
recommend how to improve the response to a future leak and coordination between all appropriate federal, state, and local agencies in response to the Aliso Canyon natural gas leak and future natural gas leaks;
 
analyze the potential for a similar leak to occur at other underground natural gas storage facilities in the United States;
 
recommend how to prevent any future natural gas leaks;
 
recommend whether to continue operations at Aliso Canyon and other underground storage facilities in close proximity to residential populations based on an assessment of the risk of a future natural gas leak; and
 
recommend information that is not currently collected but that would be in the public interest to collect and distribute to agencies and institutions for the continued study and monitoring of natural gas storage infrastructure in the United States.
 

action_date: 2016-06-08
text: 

Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 or the PIPES Act of 2016 

 
(Sec. 2) This bill reauthorizes through FY2019 the gas and hazardous liquid pipeline and related programs of the Department of Transportation (DOT), including user fees for underground natural gas storage facility safety, Pipeline and Hazardous Materials Safety Administration (PHMSA) operational expenses, one-call notification programs, community pipeline safety information grants, and the pipeline integrity program.
 
(Sec. 3) DOT shall make periodic updates available to the public on DOT's website about the status of a final rule for each outstanding regulation.
 
The term &quot;outstanding regulation&quot; is defined as a required pipeline safety regulation or a gas or hazardous liquid pipeline regulation that has not been published in the Federal Register. 

(Sec. 4) The Government Accountability Office (GAO) shall report on the gas integrity management and hazardous liquid integrity management programs. 
(Sec. 6) Two of the individuals selected for each Technical Pipeline Safety Standards Committee and each Technical Hazardous Liquid Pipeline Safety Standards Committee must be state officials (currently, state commissioners). DOT must consult with national organizations representing commissioners (as under current law) or utility regulators prior to making such a selection.
 
 (Sec. 7) After completion of any pipeline safety inspection, the PHMSA, or the state authority with a pipeline safety program certification, shall:
 
 
conduct within 30 days a post-inspection briefing with the pipeline owner or operator outlining concerns, and 
 
provide within 90 days, to the extent practicable, written preliminary findings.
 
 
(Sec. 8) DOT shall study improving existing damage prevention programs through technological improvements in location, mapping, and communications practices to prevent excavation damage to a pipe or its coating, including considerations of technical, operational, and economic feasibility and existing damage prevention programs.
 
(Sec. 9) The DOT Inspector General shall review PHMSA's staff resource management, including geographic allocation plans, hiring and time-to-hire challenges, and expected retirement rates and strategies.
 
The PHMSA, after making an identification of any previous periods of macroeconomic and pipeline industry conditions under which it has encountered difficulty in filling vacancies, may apply to the Office of Personnel Management for the authority to appoint qualified candidates to positions relating to pipeline safety.
 
(Sec. 10) DOT shall convene a working group to consider the development of a voluntary information sharing system to encourage collaborative efforts to improve inspection information feedback and information sharing regarding gas transmission and hazardous liquid pipeline integrity risk analysis.
 
(Sec. 11) DOT:
 
 
shall report on the feasibility of a national integrated pipeline safety regulatory inspection database to improve communication and collaboration between the PHMSA and state pipeline regulators; 
 
may establish, if appropriate, such database; and
 
shall issue minimum safety standards for underground natural gas storage facilities (such as depleted hydrocarbon, aquifer, or solution mined salt cavern reservoirs). 
 
 
The bill imposes a fee on the operator of an underground natural gas storage facility, and establishes the Underground Natural Gas Storage Facility Safety Account in the Pipeline Safety Fund to receive such fees. 
 
(Sec. 13) DOT shall allow for a state authority with a pipeline safety program certification, at its request, to participate in the inspection of an interstate pipeline facility.
 
(Sec. 14) Each hazardous liquid pipeline facility owner or operator shall provide safety data sheets on any spilled oil to the designated federal On-Scene Coordinator and state and local emergency responders within six hours of notice of a spill to the National Response Center.
 
(Sec. 15) DOT shall issue an advanced notice of proposed rulemaking for public comment on the petition for rulemaking dated October 28, 2015, titled &quot;Corrections to Title 49 CFR 172.336 Hazardous Materials Identification numbers; special provisions&quot; (P-1667).
 
(Sec. 16) DOT may issue an emergency order, without prior notice or hearing, for violations of pipeline regulations, or an unsafe condition or practice, or combination thereof, constituting or causing an imminent hazard.
 
(Sec. 17) The bill revises DOT authority to withhold any part of a payment from a state authority under a state pipeline safety grant if the state authority is not maintaining a satisfactory effort to carry out a safety program or is not acting satisfactorily as an agent. 
 
DOT may also, due to the rejection, suspension, or interruption of of a state pipeline safety program certification, use any undistributed grant funds for pipeline safety activities for that state.
 
(Sec. 18) Each hazardous liquid pipeline facility owner or operator required to prepare a response plan shall:
 
 
 consider the impact of a discharge into or on navigable waters or adjoining shorelines, including those covered by ice; and 
 
include procedures and resources for responding to such discharge in the plan.
 
 
(Sec. 19) DOT shall revise certain regulations to state explicitly that the Great Lakes, coastal beaches, and marine coastal waters are unusually sensitive areas (USA) ecological resources for purposes of determining whether a pipeline is in a high consequence area.
 
(Sec. 20) DOT's Inspector General shall report to Congress on the community pipeline safety technical assistance grants program.
 
(Sec. 21) GAO shall study materials, training, and corrosion prevention technologies for gas and hazardous liquid pipeline facilities.
 
(Sec. 22) DOT's Inspector General shall report to Congress on PHMSA's pipeline facility integrity research and development program.
 
The bill amends the Pipeline Safety Improvement Act of 2002 to revise and prescribe funding level percentages from non-federal sources for the program.
 
DOT shall implement processes and procedures to ensure program activities are peer-reviewed by independent experts.
 
(Sec. 23) DOT shall issue an advisory bulletin to owners and operators of gas or hazardous liquid pipeline facilities and state pipeline safety personnel regarding PHMSA procedures for changing the status of a pipeline facility from active to abandoned.
 
(Sec. 24) GAO shall conduct a study on state pipeline safety agreements.
 
DOT shall provide written notice to a state authority with a pipeline safety program certification of the denial of its request for an agreement authorizing it to participate in the oversight of interstate pipeline transportation.
 
(Sec. 25) Each gas or hazardous liquid pipeline facility operator shall ensure that pipeline integrity assessments:
 
 
using internal inspection technology for the integrity threat are completed at least once every 12 months; and 
 
using pipeline route surveys, depth of cover surveys, pressure tests, external corrosion direct assessment, or other technology that can determine the condition of the pipeline facility are completed on a schedule based on the risk the pipeline poses to a high consequence area.
 
 
The requirements shall apply to underwater hazardous liquid pipeline facilities located in such areas.
 
(Sec. 26) DOT shall enter into an agreement with the Transportation Research Board of the National Academies to study the safety, regulatory requirements, and best practices for pipeline facilities that transport or store only petroleum gas or mixtures of petroleum gas and air to 100 or fewer customers.
 
(Sec. 27) The bill revises certain factors DOT must consider in prescribing minimum safety standards for liquefied natural gas pipeline facilities.
 
DOT shall consider national security in prescribing such standards.
 
DOT shall review and update such standards for permanent, small scale liquefied natural gas pipeline facilities.
 
(Sec. 28) GAO shall assess the feasibility of odorizing all combustible gas in pipeline transportation, including its effects on manufacturers, agriculture, other end users, and public health and safety.
 
(Sec. 29) The PHMSA shall report to Congress on the metrics provided to it and to other federal and state agencies related to lost and unaccounted for natural gas from distribution pipelines and systems.
 
(Sec. 30) The PHMSA shall conduct a state-by-state review of state-level policies that:
 
 
encourage the repair and replacement of leaking natural gas distribution pipelines or systems that pose a safety threat, such as timelines to repair leaks and limits on cost recovery from ratepayers; and 
may create barriers for entities to conduct work to repair and replace leaking natural gas pipelines or distribution systems. 
 
 
(Sec. 31) The Department of Energy shall lead and establish an Aliso Canyon Natural Gas Leak Task Force to:
 
 
analyze the cause and contributing factors of the Aliso Canyon natural gas leak;
 
analyze measures taken to stop the leak;
 
assess the impact of the leak on health, safety, and the environment, wholesale and retail electricity prices, and the reliability of the bulk-power system;
 
analyze how federal, state, and local agencies responded to the leak;
 
recommend how to improve the response to a future leak and coordination between all appropriate federal, state, and local agencies in response to the Aliso Canyon natural gas leak and future natural gas leaks;
 
analyze the potential for a similar leak to occur at other underground natural gas storage facilities in the United States;
 
recommend how to prevent any future natural gas leaks;
 
recommend regarding Aliso Canyon and other underground storage facilities close proximity to residential populations; and
 
recommend information that is not currently collected but that would be in the public interest to collect and distribute to agencies and institutions for the continued study and monitoring of natural gas storage infrastructure in the United States.
 

action_date: 2016-06-22
text: 
(This measure has not been amended since it was passed by the House on June 8, 2016. The summary of that version is repeated here.)
 

Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 or the PIPES Act of 2016 

 
(Sec. 2) This bill reauthorizes through FY2019 the gas and hazardous liquid pipeline and related programs of the Department of Transportation (DOT), including user fees for underground natural gas storage facility safety, Pipeline and Hazardous Materials Safety Administration (PHMSA) operational expenses, one-call notification programs, community pipeline safety information grants, and the pipeline integrity program.
 
(Sec. 3) DOT shall make periodic updates available to the public on DOT's website about the status of a final rule for each outstanding regulation.
 
The term &quot;outstanding regulation&quot; is defined as a required pipeline safety regulation or a gas or hazardous liquid pipeline regulation that has not been published in the Federal Register. 

(Sec. 4) The Government Accountability Office (GAO) shall report on the gas integrity management and hazardous liquid integrity management programs. 
(Sec. 6) Two of the individuals selected for each Technical Pipeline Safety Standards Committee and each Technical Hazardous Liquid Pipeline Safety Standards Committee must be state officials (currently, state commissioners). DOT must consult with national organizations representing commissioners (as under current law) or utility regulators prior to making such a selection.
 
 (Sec. 7) After completion of any pipeline safety inspection, the PHMSA, or the state authority with a pipeline safety program certification, shall:
 
 
conduct within 30 days a post-inspection briefing with the pipeline owner or operator outlining concerns, and 
 
provide within 90 days, to the extent practicable, written preliminary findings.
 
 
(Sec. 8) DOT shall study improving existing damage prevention programs through technological improvements in location, mapping, and communications practices to prevent excavation damage to a pipe or its coating, including considerations of technical, operational, and economic feasibility and existing damage prevention programs.
 
(Sec. 9) The DOT Inspector General shall review PHMSA's staff resource management, including geographic allocation plans, hiring and time-to-hire challenges, and expected retirement rates and strategies.
 
The PHMSA, after making an identification of any previous periods of macroeconomic and pipeline industry conditions under which it has encountered difficulty in filling vacancies, may apply to the Office of Personnel Management for the authority to appoint qualified candidates to positions relating to pipeline safety.
 
(Sec. 10) DOT shall convene a working group to consider the development of a voluntary information sharing system to encourage collaborative efforts to improve inspection information feedback and information sharing regarding gas transmission and hazardous liquid pipeline integrity risk analysis.
 
(Sec. 11) DOT:
 
 
shall report on the feasibility of a national integrated pipeline safety regulatory inspection database to improve communication and collaboration between the PHMSA and state pipeline regulators; 
 
may establish, if appropriate, such database; and
 
shall issue minimum safety standards for underground natural gas storage facilities (such as depleted hydrocarbon, aquifer, or solution mined salt cavern reservoirs). 
 
 
The bill imposes a fee on the operator of an underground natural gas storage facility, and establishes the Underground Natural Gas Storage Facility Safety Account in the Pipeline Safety Fund to receive such fees. 
 
(Sec. 13) DOT shall allow for a state authority with a pipeline safety program certification, at its request, to participate in the inspection of an interstate pipeline facility.
 
(Sec. 14) Each hazardous liquid pipeline facility owner or operator shall provide safety data sheets on any spilled oil to the designated federal On-Scene Coordinator and state and local emergency responders within six hours of notice of a spill to the National Response Center.
 
(Sec. 15) DOT shall issue an advanced notice of proposed rulemaking for public comment on the petition for rulemaking dated October 28, 2015, titled &quot;Corrections to Title 49 CFR 172.336 Hazardous Materials Identification numbers; special provisions&quot; (P-1667).
 
(Sec. 16) DOT may issue an emergency order, without prior notice or hearing, for violations of pipeline regulations, or an unsafe condition or practice, or combination thereof, constituting or causing an imminent hazard.
 
(Sec. 17) The bill revises DOT authority to withhold any part of a payment from a state authority under a state pipeline safety grant if the state authority is not maintaining a satisfactory effort to carry out a safety program or is not acting satisfactorily as an agent. 
 
DOT may also, due to the rejection, suspension, or interruption of of a state pipeline safety program certification, use any undistributed grant funds for pipeline safety activities for that state.
 
(Sec. 18) Each hazardous liquid pipeline facility owner or operator required to prepare a response plan shall:
 
 
 consider the impact of a discharge into or on navigable waters or adjoining shorelines, including those covered by ice; and 
 
include procedures and resources for responding to such discharge in the plan.
 
 
(Sec. 19) DOT shall revise certain regulations to state explicitly that the Great Lakes, coastal beaches, and marine coastal waters are unusually sensitive areas (USA) ecological resources for purposes of determining whether a pipeline is in a high consequence area.
 
(Sec. 20) DOT's Inspector General shall report to Congress on the community pipeline safety technical assistance grants program.
 
(Sec. 21) GAO shall study materials, training, and corrosion prevention technologies for gas and hazardous liquid pipeline facilities.
 
(Sec. 22) DOT's Inspector General shall report to Congress on PHMSA's pipeline facility integrity research and development program.
 
The bill amends the Pipeline Safety Improvement Act of 2002 to revise and prescribe funding level percentages from non-federal sources for the program.
 
DOT shall implement processes and procedures to ensure program activities are peer-reviewed by independent experts.
 
(Sec. 23) DOT shall issue an advisory bulletin to owners and operators of gas or hazardous liquid pipeline facilities and state pipeline safety personnel regarding PHMSA procedures for changing the status of a pipeline facility from active to abandoned.
 
(Sec. 24) GAO shall conduct a study on state pipeline safety agreements.
 
DOT shall provide written notice to a state authority with a pipeline safety program certification of the denial of its request for an agreement authorizing it to participate in the oversight of interstate pipeline transportation.
 
(Sec. 25) Each gas or hazardous liquid pipeline facility operator shall ensure that pipeline integrity assessments:
 
 
using internal inspection technology for the integrity threat are completed at least once every 12 months; and 
 
using pipeline route surveys, depth of cover surveys, pressure tests, external corrosion direct assessment, or other technology that can determine the condition of the pipeline facility are completed on a schedule based on the risk the pipeline poses to a high consequence area.
 
 
The requirements shall apply to underwater hazardous liquid pipeline facilities located in such areas.
 
(Sec. 26) DOT shall enter into an agreement with the Transportation Research Board of the National Academies to study the safety, regulatory requirements, and best practices for pipeline facilities that transport or store only petroleum gas or mixtures of petroleum gas and air to 100 or fewer customers.
 
(Sec. 27) The bill revises certain factors DOT must consider in prescribing minimum safety standards for liquefied natural gas pipeline facilities.
 
DOT shall consider national security in prescribing such standards.
 
DOT shall review and update such standards for permanent, small scale liquefied natural gas pipeline facilities.
 
(Sec. 28) GAO shall assess the feasibility of odorizing all combustible gas in pipeline transportation, including its effects on manufacturers, agriculture, other end users, and public health and safety.
 
(Sec. 29) The PHMSA shall report to Congress on the metrics provided to it and to other federal and state agencies related to lost and unaccounted for natural gas from distribution pipelines and systems.
 
(Sec. 30) The PHMSA shall conduct a state-by-state review of state-level policies that:
 
 
encourage the repair and replacement of leaking natural gas distribution pipelines or systems that pose a safety threat, such as timelines to repair leaks and limits on cost recovery from ratepayers; and 
may create barriers for entities to conduct work to repair and replace leaking natural gas pipelines or distribution systems. 
 
 
(Sec. 31) The Department of Energy shall lead and establish an Aliso Canyon Natural Gas Leak Task Force to:
 
 
analyze the cause and contributing factors of the Aliso Canyon natural gas leak;
 
analyze measures taken to stop the leak;
 
assess the impact of the leak on health, safety, and the environment, wholesale and retail electricity prices, and the reliability of the bulk-power system;
 
analyze how federal, state, and local agencies responded to the leak;
 
recommend how to improve the response to a future leak and coordination between all appropriate federal, state, and local agencies in response to the Aliso Canyon natural gas leak and future natural gas leaks;
 
analyze the potential for a similar leak to occur at other underground natural gas storage facilities in the United States;
 
recommend how to prevent any future natural gas leaks;
 
recommend regarding Aliso Canyon and other underground storage facilities close proximity to residential populations; and
 
recommend information that is not currently collected but that would be in the public interest to collect and distribute to agencies and institutions for the continued study and monitoring of natural gas storage infrastructure in the United States.
 


Legislative actions:
action_date: 2016-06-22
text: Became Public Law No: 114-183.
action_date: 2016-06-22
text: Became Public Law No: 114-183.
action_date: 2016-06-22
text: Signed by President.
action_date: 2016-06-22
text: Signed by President.
action_date: 2016-06-16
text: Presented to President.
action_date: 2016-06-16
text: Presented to President.
action_date: 2016-06-14
text: Message on Senate action sent to the House.
action_date: 2016-06-13
text: Senate agreed to the House amendment to the Senate bill by Unanimous Consent. (consideration: CR S3831)
action_date: 2016-06-13
text: Resolving differences -- Senate actions: Senate agreed to the House amendment to the Senate bill by Unanimous Consent.(consideration: CR S3831)
action_date: 2016-06-13
text: Measure laid before Senate by unanimous consent. (consideration: CR S3830-3031)
action_date: 2016-06-09
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2016-06-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-06-08
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3538-3544)
action_date: 2016-06-08
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3538-3544)
action_date: 2016-06-08
text: DEBATE - The House proceeded with forty minutes of debate on S. 2276.
action_date: 2016-06-08
text: Considered under suspension of the rules. (consideration: CR H3538-3549)
action_date: 2016-06-08
text: Mr. Denham moved to suspend the rules and pass the bill, as amended.
action_date: 2016-03-07
text: Held at the desk.
action_date: 2016-03-07
text: Received in the House.
action_date: 2016-03-07
text: Message on Senate action sent to the House.
action_date: 2016-03-03
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S1292-1296)
action_date: 2016-03-03
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S1292-1296)
action_date: 2016-03-03
text: The committee substitute withdrawn by Unanimous Consent. (consideration: CR S1296)
action_date: 2016-03-03
text: Measure laid before Senate by unanimous consent. (consideration: CR S1292-1296)
action_date: 2016-02-24
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 370.
action_date: 2016-02-24
text: Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 114-209.
action_date: 2016-02-24
text: Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 114-209.
action_date: 2015-12-09
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-11-10
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2015-11-10
text: Introduced in Senate

Enacted as: number: 114-183