Home > 107th Congressional Bills > S. 235 (rfh) To provide for enhanced safety, public awareness, and environmental protection in pipeline transportation, and for other purposes. [Referred in House] ...

S. 235 (rfh) To provide for enhanced safety, public awareness, and environmental protection in pipeline transportation, and for other purposes. [Referred in House] ...


Google
 
Web GovRecords.org







                                                         Calendar No. 8
107th CONGRESS
  1st Session
                                 S. 235

  To provide for enhanced safety, public awareness, and environmental 
     protection in pipeline transportation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2001

Mr. McCain (for himself, Mrs. Murray, Mr. Hollings, Mrs. Hutchison, Mr. 
Bingaman, Mr. Domenici, Mr. Breaux, Mr. Brownback, Mr. Smith of Oregon, 
  and Ms. Landrieu) introduced the following bill; which was read the 
                               first time

                            February 6, 2001

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To provide for enhanced safety, public awareness, and environmental 
     protection in pipeline transportation, 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.

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety 
Improvement Act of 2001''.
    (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.

SEC. 2. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.

    (a) In General.--Except as otherwise required by this Act, the 
Secretary shall implement the safety improvement recommendations 
provided for in the Department of Transportation Inspector General's 
Report (RT-2000-069).
    (b) Reports by the Secretary.--Not later than 90 days after the 
date of enactment of this Act, and every 90 days thereafter until each 
of the recommendations referred to in subsection (a) has been 
implemented, the Secretary shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the specific actions taken to implement such recommendations.
    (c) Reports by the Inspector General.--The Inspector General shall 
periodically transmit to the Committees referred to in subsection (b) a 
report assessing the Secretary's progress in implementing the 
recommendations referred to in subsection (a) and identifying options 
for the Secretary to consider in accelerating recommendation 
implementation.

SEC. 3. NTSB SAFETY RECOMMENDATIONS.

    (a) In General.--The Secretary of Transportation, the Administrator 
of Research and Special Program Administration, and the Director of the 
Office of Pipeline Safety shall fully comply with section 1135 of title 
49, United States Code, to ensure timely responsiveness to National 
Transportation Safety Board recommendations about pipeline safety.
    (b) Public Availability.--The Secretary, Administrator, or 
Director, respectively, shall make a copy of each recommendation on 
pipeline safety and response, as described in sections 1135 (a) and (b) 
of title 49, United States Code, available to the public at reasonable 
cost.
    (c) Reports to Congress.--The Secretary, Administrator, or 
Director, respectively, shall submit to the Congress by January 1 of 
each year a report containing each recommendation on pipeline safety 
made by the Board during the prior year and a copy of the response to 
each such recommendation.

SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

    (a) Qualification Plan.--Each pipeline operator shall make 
available to the Secretary of Transportation, or, in the case of an 
intrastate pipeline facility operator, the appropriate State regulatory 
agency, a plan that is designed to enhance the qualifications of 
pipeline personnel and to reduce the likelihood of accidents and 
injuries. The plan shall be made available not more than 6 months after 
the date of enactment of this Act, and the operator shall revise or 
update the plan as appropriate.
    (b) Requirements.--The enhanced qualification plan shall include, 
at a minimum, criteria to demonstrate the ability of an individual to 
safely and properly perform tasks identified under section 60102 of 
title 49, United States Code. The plan shall also provide for training 
and periodic reexamination of pipeline personnel qualifications and 
provide for requalification as appropriate. The Secretary, or, in the 
case of an intrastate pipeline facility operator, the appropriate State 
regulatory agency, may review and certify the plans to determine if 
they are sufficient to provide a safe operating environment and shall 
periodically review the plans to ensure the continuation of a safe 
operation. The Secretary may establish minimum standards for pipeline 
personnel training and evaluation, which may include written 
examination, oral examination, work performance history review, 
observation during performance on the job, on the job training, 
simulations, or other forms of assessment.
    (c) Report to Congress.--
            (1) In general.--The Secretary shall submit a report to the 
        Congress evaluating the effectiveness of operator qualification 
        and training efforts, including--
                    (A) actions taken by inspectors;
                    (B) recommendations made by inspectors for changes 
                to operator qualification and training programs; and
                    (C) industry responses to those actions and 
                recommendations.
            (2) Criteria.--The Secretary may establish criteria for use 
        in evaluating and reporting on operator qualification and 
        training for purposes of this subsection.
            (3) Due date.--The Secretary shall submit the report 
        required by paragraph (1) to the Congress 3 years after the 
        date of enactment of this Act.

SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

    Section 60109 is amended by adding at the end the following:
    ``(c) Integrity Management.--
            ``(1) General requirement.--The Secretary shall promulgate 
        regulations requiring operators of hazardous liquid pipelines 
        and natural gas transmission pipelines to evaluate the risks to 
        the operator's pipeline facilities in areas identified pursuant 
        to subsection (a)(1), and to adopt and implement a program for 
        integrity management that reduces the risk of an incident in 
        those areas. The regulations shall be issued no later than one 
        year after the Secretary has issued standards pursuant to 
        subsections (a) and (b) of this section or by December 31, 
        2002, whichever is sooner.
            ``(2) Standards for program.--In promulgating regulations 
        under this section, the Secretary shall require an operator's 
        integrity management plan to be based on risk analysis and each 
        plan shall include, at a minimum--
                    ``(A) periodic assessment of the integrity of the 
                pipeline through methods including internal inspection, 
                pressure testing, direct assessment, or other effective 
                methods;
                    ``(B) clearly defined criteria for evaluating the 
                results of the periodic assessment methods carried out 
                under subparagraph (A) and procedures to ensure 
                identified problems are corrected in a timely manner; 
                and
                    ``(C) measures, as appropriate, that prevent and 
                mitigate unintended releases, such as leak detection, 
                integrity evaluation, restrictive flow devices, or 
                other measures.
            ``(3) Criteria for program standards.--In deciding how 
        frequently the integrity assessment methods carried out under 
        paragraph (2)(A) must be conducted, an operator shall take into 
        account the potential for new defects developing or previously 
        identified structural defects caused by construction or 
        installation, the operational characteristics of the pipeline, 
        and leak history. In addition, the Secretary may establish a 
        minimum testing requirement for operators of pipelines to 
        conduct internal inspections.
            ``(4) State role.--A State authority that has an agreement 
        in effect with the Secretary under section 60106 is authorized 
        to review and assess an operator's risk analyses and integrity 
        management plans required under this section for interstate 
        pipelines located in that State. The reviewing State authority 
        shall provide the Secretary with a written assessment of the 
        plans, make recommendations, as appropriate, to address safety 
        concerns not adequately addressed in the operator's plans, and 
        submit documentation explaining the State-proposed plan 
        revisions. The Secretary shall carefully consider the State's 
        proposals and work in consultation with the States and 
        operators to address safety concerns.
            ``(5) Monitoring implementation.--The Secretary of 
        Transportation shall review the risk analysis and program for 
        integrity management required under this section and provide 
        for continued monitoring of such plans. Not later than 2 years 
        after the implementation of integrity management plans under 
        this section, the Secretary shall complete an assessment and 
        evaluation of the effects on safety and the environment of 
        extending all of the requirements mandated by the regulations 
        described in paragraph (1) to additional areas. The Secretary 
        shall submit the assessment and evaluation to Congress along 
        with any recommendations to improve and expand the utilization 
        of integrity management plans.
            ``(6) Opportunity for local input on integrity 
        management.--Within 18 months after the date of enactment of 
        the Pipeline Safety Improvement Act of 2001, the Secretary 
        shall, by regulation, establish a process for raising and 
        addressing local safety concerns about pipeline integrity and 
        the operator's pipeline integrity plan. The process shall 
        include--
                    ``(A) a requirement that an operator of a hazardous 
                liquid or natural gas transmission pipeline facility 
                provide information about the risk analysis and 
                integrity management plan required under this section 
                to local officials in a State in which the facility is 
                located;
                    ``(B) a description of the local officials required 
                to be informed, the information that is to be provided 
                to them and the manner, which may include traditional 
                or electronic means, in which it is provided;
                    ``(C) the means for receiving input from the local 
                officials that may include a public forum sponsored by 
                the Secretary or by the State, or the submission of 
                written comments through traditional or electronic 
                means;
                    ``(D) the extent to which an operator of a pipeline 
                facility must participate in a public forum sponsored 
                by the Secretary or in another means for receiving 
                input from the local officials or in the evaluation of 
                that input; and
                    ``(E) the manner in which the Secretary will notify 
                the local officials about how their concerns are being 
                addressed.''.

SEC. 6. ENFORCEMENT.

    (a) In General.--Section 60112 is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) General Authority.--After notice and an opportunity for a 
hearing, the Secretary of Transportation may decide a pipeline facility 
is hazardous if the Secretary decides that--
            ``(1) operation of the facility is or would be hazardous to 
        life, property, or the environment; or
            ``(2) the facility is, or would be, constructed or 
        operated, or a component of the facility is, or would be, 
        constructed or operated with equipment, material, or a 
        technique that the Secretary decides is hazardous to life, 
        property, or the environment.''; and
            (2) by striking ``is hazardous,'' in subsection (d) and 
        inserting ``is, or would be, hazardous,''.

SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS, AND COMMUNITY RIGHT 
              TO KNOW.

    (a) Section 60116 is amended to read as follows:
``Sec. 60116. Public education, emergency preparedness, and community 
              right to know
    ``(a) Public Education Programs.--
            ``(1) Each owner or operator of a gas or hazardous liquid 
        pipeline facility shall carry out a continuing program to 
        educate the public on the use of a one-call notification system 
        prior to excavation and other damage prevention activities, the 
        possible hazards associated with unintended releases from the 
        pipeline facility, the physical indications that such a release 
        may have occurred, what steps should be taken for public safety 
        in the event of a pipeline release, and how to report such an 
        event.
            ``(2) Within 12 months after the date of enactment of the 
        Pipeline Safety Improvement Act of 2001, each owner or operator 
        of a gas or hazardous liquid pipeline facility shall review its 
        existing public education program for effectiveness and modify 
        the program as necessary. The completed program shall include 
        activities to advise affected municipalities, school districts, 
        businesses, and residents of pipeline facility locations. The 
        completed program shall be submitted to the Secretary or, in 
        the case of an intrastate pipeline facility operator, the 
        appropriate State agency and shall be periodically reviewed by 
        the Secretary or, in the case of an intrastate pipeline 
        facility operator, the appropriate State agency.
            ``(3) The Secretary may issue standards prescribing the 
        elements of an effective public education program. The 
        Secretary may also develop material for use in the program.
    ``(b) Emergency Preparedness.--
            ``(1) Operator liaison.--Within 12 months after the date of 
        enactment of the Pipeline Safety Improvement Act of 2001, an 
        operator of a gas transmission or hazardous liquid pipeline 
        facility shall initiate and maintain liaison with the State 
        emergency response commissions, and local emergency planning 
        committees in the areas of pipeline right-of-way, established 
        under section 301 of the Emergency Planning and Community 
        Right-To-Know Act of 1986 (42 U.S.C. 11001) in each State in 
        which it operates.
            ``(2) Information.--An operator shall, upon request, make 
        available to the State emergency response commissions and local 
        emergency planning committees, and shall make available to the 
        Office of Pipeline Safety in a standardized form for the 
        purpose of providing the information to the public, the 
        information described in section 60102(d), the operator's 
        program for integrity management, and information about 
        implementation of that program. The information about the 
        facility shall also include, at a minimum--
                    ``(A) the business name, address, telephone number 
                of the operator, including a 24-hour emergency contact 
                number;
                    ``(B) a description of the facility, including pipe 
                diameter, the product or products carried, and the 
                operating pressure;

Pages: 1 2 3 4 Next >>

Other Popular 107th Congressional Bills Documents:

1 S. 295 (is) To provide emergency relief to small businesses affected by significant increases in the prices of heating oil, natural gas, propane, and kerosene, and for other purposes. [Introduced in Senate] ...
2 H.R. 1661 (rfs) To extend indefinitely the authority of the States of Washington, Oregon, and California to manage a Dungeness crab fishery until the effective date of a fishery management plan for the fishery under the Magnuson-Stevens Fishery Conservati...
3 H.R. 1023 (ih) To amend the Incentive Grants for Local Delinquency Prevention Programs Act to authorize appropriations for fiscal years 2002 through 2007, and for other purposes. [Introduced in House] ...
4 H.R. 327 (ih) To amend chapter 35 of title 44, United States Code, for the purpose of [Introduced in House] ...
5 H.R. 201 (ih) To amend the Omnibus Crime Control and Safe Streets Act of 1968 to reduce funding if States do not enact legislation that requires the death penalty in certain cases. [Introduced in House] ...
6 S. 624 (is) To amend the Fair Labor Standards Act of 1938 to provide to private [Introduced in Senate] ...
7 H.Con.Res. 66 (enr) [Enrolled bill] ...
8 H.R. 811 (rh) To authorize the Secretary of Veterans Affairs to carry out construction projects for the purpose of improving, renovating, and updating patient care facilities at Department of Veterans Affairs medical centers. [Reported in House] %%Filenam...
9 S. 378 (is) To redesignate the Federal building located at 3348 South Kedzie Avenue, in Chicago, Illinois, as the ``Paul Simon Chicago Job Corps Center''. [Introduced in Senate] ...
10 S.Res. 64 (is) Congratulating the city of Detroit and its residents on the occasion of the tercentennial of its founding. [Introduced in Senate] ...
11 H.Con.Res. 92 (ih) Expressing the sense of the Congress that Harriet Tubman should have been paid a pension for her service as a nurse and scout in the United States Army during the Civil War. [Introduced in House] ...
12 H.R. 257 (ih) To amend the Internal Revenue Code of 1986 to allow a credit against the income tax for educational expenses incurred in attending public or private (including religious) elementary and secondary schools and in homeschooling. [Introduced in...
13 H.Con.Res. 59 (eh) [Engrossed in House] ...
14 H.R. 1919 (ih) To remove civil liability barriers surrounding donating fire equipment to volunteer fire companies. [Introduced in House] ...
15 H.R. 2016 (ih) To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to ensure full Federal compliance with that Act. [Introduced in House] ...
16 H.R. 667 (ih) To authorize certain States to prohibit the importation of solid waste from other States, and for other purposes. [Introduced in House] ...
17 H.R. 566 (ih) To amend title XIX of the Social Security Act to require the prorating of Medicaid beneficiary contributions in the case of partial coverage of nursing facility services during a month. [Introduced in House] ...
18 H.R. 374 (ih) To establish a National Commission to Eliminate Waste in Government. [Introduced in House] ...
19 S.Res. 19 (is) To express the sense of the Senate that the Federal investment in biomedical research should be increased by $3,400,000,000 in fiscal year 2002. [Introduced in Senate] ...
20 S.Con.Res. 2 (ats) To extend the life of the Joint Congressional Committee on Inaugural Ceremonies and the provisions of S. Con. Res. 90 of the One Hundred Sixth Congress. [Agreed to Senate] ...
21 S. 94 (is) To amend the Internal Revenue Code of 1986 to provide a 5-year extension of the credit for electricity produced from wind. [Introduced in Senate] ...
22 H.Res. 167 (ih) Encouraging and promoting greater involvement of fathers in their children's lives, especially on Father's Day. [Introduced in House] ...
23 H.Con.Res. 109 (rfs) Honoring the services and sacrifices of the United States merchant marine. [Referred in Senate] ...
24 H.R. 404 (ih) To amend the National Labor Relations Act to ensure that certain orders of the National Labor Relations Board are enforced to protect the rights of employees. [Introduced in House] ...
25 H.Res. 124 (ih) Recognizing the importance of children in the United States and supporting the goals and ideas of American Youth Day. [Introduced in House] ...
26 H.R. 921 (ih) To amend the Internal Revenue Code of 1986 to reduce the tax on vaccines to 25 cents per dose. [Introduced in House] ...
27 H.R. 428 (ih) Concerning the participation of Taiwan in the World Health Organization. [Introduced in House] ...
28 H.R. 529 (ih) To authorize the Secretary of Transportation to require the use of recycled materials in the construction of Federal-aid highway projects. [Introduced in House] ...
29 H.R. 309 (rh) To provide for the determination of withholding tax rates under the Guam income tax. [Reported in House] ...
30 H.Res. 150 (rh) Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules. [Reported in House] ...


Other Documents:

107th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy