| 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] ...
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;
Other Popular 107th Congressional Bills 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.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents