,,ib ,union ,calendar ,no4 #fca #aadth ,,congress #b;d ,session ,h4 ,r4 #dicg ,report ,no4 #aad-hjg1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,april #ad1 #bjaf ,mr4 ,denham 7for himself1 ,mr4 ,capuano1 ,mr4 ,shuster1 and ,mr4 ,de,fazio7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,november #ad1 #bjaf ,reported from the ,committee on ,transportation and ,infrastructure with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,november #ad1 #bjaf ,the ,committee on ,energy and ,commerce discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,for text of introduced bill1 see copy of bill as introduced on ,april #ad1 #bjaf ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to reauthorize pipeline safety programs and enhance pipeline safety1 and for other purposes4 #a4 ,short title2 table of contents2 references 7a7 ,short title ,this ,act may be cited as the ,protecting our ,infrastructure of ,pipelines and ,enhancing ,safety ,act of #bjaf or the ,,pipes ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references4 ,sec4 #b4 ,authorization of appropriations4 ,sec4 #c4 ,failure of ,,phmsa to implement statutory mandates4 ,sec4 #d4 ,natural gas integrity management review4 ,sec4 #e4 ,hazardous liquid integrity management review4 ,sec4 #f4 ,technical safety standards committees4 ,sec4 #g4 ,inspection report information4 ,sec4 #h4 ,improving damage prevention technology4 ,sec4 #i4 ,workforce management4 ,sec4 #aj4 ,information-sharing system4 ,sec4 #aa4 ,nationwide integrated pipeline safety regulatory database4 ,sec4 #ab4 ,underground natural gas storage facilities4 ,sec4 #ac4 ,joint inspection and oversight4 ,sec4 #ad4 ,safety data sheets4 ,sec4 #ae4 ,hazardous materials identification numbers4 ,sec4 #af4 ,emergency order authority4 ,sec4 #ag4 ,state grant funds4 ,sec4 #ah4 ,response plans4 ,sec4 #ai4 ,high consequence areas4 ,sec4 #bj4 ,pipeline safety technical assistance grants4 ,sec4 #ba4 ,study of materials and corrosion prevention in pipeline transportation4 ,sec4 #bb4 ,research and development4 ,sec4 #bc4 ,active and abandoned pipelines4 ,sec4 #bd4 ,state pipeline safety agreements4 #b4 ,authorization of appropriations 7a7 ,gas and hazardous liquid ,section #fjabe7;a7 of title #di1 ,united ,states ,code is amended-- 7#a7 in paragraph 7#a7 by striking there is authorized to be appropriated to the ,department of ,transportation for each of fiscal years #bjab through #bjae1 from fees collected under section #fjcja1 #ij1fgi1jjj1 of which #d1gdf1jjj is for carrying out such section #ab and #cf1aid1jjj is for making grants4 and inserting the following3 there is authorized to be appropriated to the ,department of ,transportation from fees collected under sections #fjcja and #fjcjb-- 7,a7 #abd1ejj1jjj for fiscal year #bjaf1 of which #i1jjj1jjj shall be expended for carrying out such section #ab and #ci1che1jjj shall be expended for making grants2 7,b7 #abh1jjj1jjj for fiscal year #bjag of which #i1jjj1jjj shall be expended for carrying out such section #ab and #da1hhe1jjj shall be expended for making grants2 7,c7 #aca1jjj1jjj for fiscal year #bjah1 of which #i1jjj1jjj shall be expended for carrying out such section #ab and #dd1hhe1jjj shall be expended for making grants2 and 7,d7 #acd1jjj1jjj for fiscal year #bjai1 of which #i1jjj1jjj shall be expended for carrying out such section #ab and #dg1hhe1jjj shall be expended for making grants4 2 and 7#b7 in paragraph 7#b7 by striking there is authorized to be appropriated for each of fiscal years #bjab through #bjae from the ,oil ,spill ,liability ,trust ,fund to carry out the provisions of this chapter related to hazardous liquid and section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee71 #ah1egc1jjj1 of which #b1agd1jjj is for carrying out such section #ab and #d1eeh1jjj is for making grants4 and inserting the following3 there is authorized to be appropriated from the ,oil ,spill ,liability ,trust ,fund to carry out the provisions of this chapter related to hazardous liquid and section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee7-- 7,a7 #bb1abc1jjj for fiscal year #bjaf1 of which #c1jjj1jjj shall be expended for carrying out such section #ab and #h1jfg1jjj shall be expended for making grants2 7,b7 #bb1abc1jjj for fiscal year #bjag1 of which #c1jjj1jjj shall be expended for carrying out such section #ab and #h1jfg1jjj shall be expended for making grants2 7,c7 #bc1jjj1jjj for fiscal year #bjah1 of which #c1jjj1jjj shall be expended for carrying out such section #ab and #h1jfg1jjj shall be expended for making grants2 and 7,d7 #bc1jjj1jjj for fiscal year #bjai1 of which #c1jjj1jjj shall be expended for carrying out such section #ab and #h1jfg1jjj shall be expended for making grants4 4 7b7 ,operational expenses ,there are authorized to be appropriated to the ,secretary of ,transportation for the necessary operational expenses of the ,pipeline and ,hazardous ,materials ,safety ,administration the following amounts3 7#a7 #ba1jjj1jjj for fiscal year #bjaf4 7#b7 #bb1jjj1jjj for fiscal year #bjag4 7#c7 #bb1jjj1jjj for fiscal year #bjah4 7#d7 #bc1jjj1jjj for fiscal year #bjai4 7c7 ,one-,call notification programs 7#a7 ,in general ,section #fajg of title #di1 ,united ,states ,code1 is amended to read as follows3 #fajg4 ,funding ,of the amounts provided under section #fjabe7;a77#a71 the ,secretary shall withhold #a1jeh1jjj for each of fiscal years #bjaf through #bjai to carry out section #fajf4 4 7#b7 ,clerical amendment ,the analysis for chapter #fa of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #fajg and inserting the following3 #fajg4 ,funding4 4 7d7 ,pipeline safety information grants to communities ,the first sentence of section #fjacj7;c7 of title #di1 ,united ,states ,code1 is amended to read as follows3 ,of the amounts made available under section #b7;b7 of the ,,pipes ,act of #bjaf1 the ,secretary shall withhold #a1ejj1jjj for each of fiscal years #bjaf through #bjai to carry out this section4 7e7 ,pipeline integrity program ,section #ab7;f7 of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note7 is amended by striking #bjab through #bjae and inserting #bjaf through #bjai4 #c4 ,failure of ,,phmsa to implement statutory mandates 7a7 ,report by the ,inspector ,general ,not later than #de days after the date of enactment of this ,act1 the ,inspector ,general of the ,department of ,transportation shall submit to the ,secretary of ,transportation1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration1 the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report containing the following3 7#a7 ,a list of each statutory mandate contained in the ,pipeline ,safety1 ,regulatory ,certainty1 and ,job ,creation ,act of #bjaa 7,public ,law #aab-ij7 that has not been implemented4 7#b7 ,a list of each statutory mandate regarding pipeline safety from this ,act and all other ,acts enacted prior to the date of enactment of this ,act1 other than those contained in the ,pipeline ,safety1 ,regulatory ,certainty1 and ,job ,creation ,act of #bjaa 7,public ,law #aab-ij71 that has not been implemented4 7b7 ,reports by the ,secretary 7#a7 ,statutory mandates ,not later than #ij days after the date of enactment of this ,act1 and every #ij days thereafter until each of the mandates listed pursuant to subsection 7a7 has been implemented1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the specific actions taken to implement such mandates4 7#b7 ,public availability ,the ,secretary shall make the report referred to in paragraph 7#a7 publicly available on the ,department of ,transportation's ,internet ,web site4 7#c7 ,contents of reports ,the reports shall provide1 for each mandate listed pursuant to subsection 7a7-- 7,a7 a description of the mandate2 7,b7 the deadline imposed for the mandate2 7,c7 the status of the implementation of the mandate2 7,d7 a detailed explanation of the reasons the mandate has not been implemented1 including a description of any actions taken by the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration1 the ,office of the ,secretary1 or the ,office of ,management and ,budget that delayed implementation of the mandate2 7,e7 an estimated completion date for the mandate2 7,f7 the specific date on which any draft1 interim1 or final guidance1 advisory1 report1 advance notice of proposed rulemaking1 notice of proposed rulemaking1 final rule1 or other document required to implement the mandate was sent to the ,secretary by the ,administrator for review and subsequently transmitted by the ,secretary or the ,administrator to the ,office of ,management and ,budget2 7,g7 a description of each concern with a document described under subparagraph 7,f7 raised by the ,secretary or the ,office of ,management and ,budget2 and 7,h7 the date and reasons the ,secretary or the ,office of ,management and ,budget requested any extension on acting on the mandate1 including an extension authorized by ,executive ,order #abhff4 #d4 ,natural gas integrity management review 7a7 ,report ,not later than #ah months after the publication of a final rule regarding the safety of gas transmission pipelines related to the notice of proposed rulemaking issued on ,april #h1 #bjaf1 titled ,pipeline ,safety3 ,safety of ,gas ,transmission and ,gathering ,pipelines 7#ha ,fed4 ,reg4 #bjgba71 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report regarding the natural gas integrity management programs required under section #fjaji7;c7 of title #di1 ,united ,states ,code4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 an analysis of the extent to which the natural gas integrity management programs required under section #fjaji7;c7 of title #di1 ,united ,states ,code1 have improved the safety of natural gas transmission pipeline facilities2 7#b7 an analysis and recommendations1 taking into consideration technical1 operational1 and economic feasibility1 regarding changes to the programs to improve safety1 prevent inadvertent releases from pipelines1 and mitigate any adverse consequences of an inadvertent release1 including changes to the definition of high consequence area1 or expanding integrity management beyond high consequence areas2 7#c7 a review of the benefits1 including safety benefits1 and cost effectiveness of the legacy class location regulations2 7#d7 an analysis of1 and recommendations regarding1 what impact pipeline features and conditions1 including the age1 condition1 materials1 and construction of a pipeline1 have on safety and risk analysis of a particular pipeline2 7#e7 a description of any challenges affecting ,federal or ,state regulators in the oversight of natural gas transmission pipeline facilities and how the challenges are being addressed2 and 7#f7 a description of any challenges affecting the natural gas industry in complying with the programs1 and how the challenges are being addressed1 including any challenges faced by publicly owned natural gas distribution systems4 7c7 ,definition of high consequence area ,in this section1 the term high consequence area has the meaning given the term in section #aib4ijc of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 #e4 ,hazardous liquid integrity management review 7a7 ,safety study ,not later than #ah months after the publication of a final rule regarding the safety of hazardous liquid pipeline facilities related to the notice of proposed rulemaking issued on ,october #ac1 #bjae1 titled ,pipeline ,safety3 ,safety of ,hazardous ,liquid ,pipelines 7#hj ,fed4 ,reg4 #fafaj71 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report regarding the hazardous liquid integrity management programs1 as regulated under sections #aie4dej and #aie4deb of title #di1 ,code of ,federal ,regulations4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 an analysis of the extent to which hazardous liquid pipeline facility integrity management in high consequence areas1 as regulated under sections #aie4dej and #aie4deb of title #di1 ,code of ,federal ,regulations1 has improved the safety of hazardous liquid pipeline facilities2 7#b7 an analysis and recommendations1 taking into consideration technical1 operational1 and economic feasibility1 regarding changes to the programs to improve safety1 prevent inadvertent releases from pipelines1 and mitigate any adverse consequences of an inadvertent release1 including changes to the definition of high consequence area2 7#c7 an analysis of how surveying1 assessment1 mitigation1 and monitoring activities1 including real-time hazardous liquid pipeline monitoring during significant flood events and information sharing with ,federal agencies1 are being used to address risks associated with the dynamic and unique nature of rivers1 flood plains1 lakes1 and coastal areas2 7#d7 an analysis of1 and recommendations regarding1 what impact pipeline features and conditions1 including the age1 condition1 materials1 and construction of a pipeline1 have on safety and risk analysis of a particular pipeline and what changes to the definition of high consequence area could be made to improve pipeline safety2 and 7#e7 a description of any challenges affecting ,federal or ,state regulators in the oversight of hazardous liquid pipeline facilities and how those challenges are being addressed4 7c7 ,definition of high consequence area ,in this section1 the term high consequence area has the meaning given the term in section #aie4dej of title #di1 ,code of ,federal ,regulations4 #f4 ,technical safety standards committees 7a7 ,appointment of members ,section #fjaae7;b77#d77;,a7 of title #di1 ,united ,states ,code1 is amended by striking ,state commissioners4 ,the ,secretary shall consult with the national organization of ,state commissions before selecting those #b individuals4 and inserting ,state officials4 ,the ,secretary shall consult with national organizations representing ,state commissioners or ,governors before making a selection under this subparagraph44 7b7 ,vacancies ,section #fjaae7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,within #ij days of the date of enactment of the ,,pipes ,act of #bjaf1 the ,secretary shall fill all vacancies on the ,technical ,pipeline ,safety ,standards ,committee1 the ,technical ,hazardous ,liquid ,pipeline ,safety ,standards ,committee1 and any other committee established pursuant to this section4 ,after that period1 the ,secretary shall fill a vacancy on any such committee not later than #fj days after the vacancy occurs4 4 #g4 ,inspection report information 7a7 ,in general ,not later than #ij days after the completion of a ,pipeline and ,hazardous ,materials ,safety ,administration pipeline safety inspection1 the ,administrator of such ,administration1 or the ,state authority certified under section #fjaje of title #di1 ,united ,states ,code1 to conduct such inspection1 shall-- 7#a7 conduct a post-inspection briefing with the owner or operator of the gas or hazardous liquid pipeline facility inspected outlining any concerns2 and 7#b7 to the extent practicable1 provide the owner or operator with written preliminary findings of the inspection4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter for #b years1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that includes-- 7#a7 a description of the actions that the ,pipeline and ,hazardous ,materials ,safety ,administration has taken to ensure that inspections by ,state authorities provide effective and timely oversight2 and 7#b7 statistics relating to the timeliness of the actions described in paragraphs 7#a7 and 7#b7 of subsection 7a74 #h4 ,improving damage prevention technology 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study on improving existing damage prevention programs through technological improvements in location1 mapping1 excavation1 and communications practices to prevent excavation damage to a pipe or its coating4 7b7 ,contents ,the study under subsection 7a7 shall include-- 7#a7 an identification of any methods to improve existing damage prevention programs through location and mapping practices or technologies in an effort to reduce releases caused by excavation2 7#b7 an analysis of how increased use of global positioning system digital mapping technologies1 predictive analytic tools1 public awareness initiatives including one-call initiatives1 the use of mobile devices1 and other advanced technologies could supplement existing one-call notification and damage prevention programs to reduce the frequency and severity of incidents caused by excavation damage2 7#c7 an identification of any methods to improve excavation practices or technologies in an effort to reduce pipeline damage2 7#d7 an analysis of the feasibility of a national data repository for pipeline excavation accident data that creates standardized data models for storing and sharing pipeline accident information2 7#e7 an identification of opportunities for stakeholder engagement in preventing excavation damage2 and 7#f7 recommendations1 taking into consideration technical1 operational1 and economic feasibility1 on how to incorporate technological improvements and practices that help prevent excavation damage into existing damage prevention programs4 7c7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report containing the results of the study conducted under subsection 7a74 #i4 ,workforce management ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 a review of ,pipeline and ,hazardous ,materials ,safety ,administration staff resource management1 including geographic allocation plans1 hiring challenges1 and expected retirement rates and strategies4 ,the review shall include recommendations to address hiring challenges1 training needs1 and any other identified staff resource challenges4 #aj4 ,information-sharing system 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,transportation 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 with the purpose of improving natural gas transmission and hazardous liquid pipeline facility integrity risk analysis4 7b7 ,membership ,the working group convened pursuant to subsection 7a7 shall include representatives from-- 7#a7 the ,pipeline and ,hazardous ,materials ,safety ,administration2 7#b7 industry stakeholders1 including operators of pipeline facilities1 inspection technology vendors1 and pipeline inspection organizations2 7#c7 safety advocacy groups2 7#d7 research institutions2 7#e7 ,state public utility commissions or ,state officials responsible for pipeline safety oversight2 7#f7 ,state pipeline safety inspectors2 and 7#g7 labor representatives4 7c7 ,considerations ,the working group convened pursuant to subsection 7a7 shall consider and provide recommendations to the ,secretary on-- 7#a7 the need for1 and the identification of1 a system to ensure that dig verification data are shared with in-line inspection operators to the extent consistent with the need to maintain proprietary and security sensitive data in a confidential manner to improve pipeline safety and inspection technology2 7#b7 ways to encourage the exchange of pipeline inspection information and the development of advanced pipeline inspection technologies and enhanced risk analysis2 7#c7 opportunities to share data1 including dig verification data between operators of pipeline facilities and in-line inspector vendors to expand knowledge of the advantages and disadvantages of the different types of in-line inspection technology and methodologies2 7#d7 options to create a secure system that protects proprietary data while encouraging the exchange of pipeline inspection information and the development of advanced pipeline inspection technologies and enhanced risk analysis2 and 7#e7 regulatory1 funding1 and legal barriers to sharing the information described in paragraphs 7#a7 through 7#d74 7d7 ,publication ,the ,secretary shall publish the recommendations provided under subsection 7c7 on a publicly available ,web site of the ,department of ,transportation4 #aa4 ,nationwide integrated pipeline safety regulatory database 7a7 ,establishment ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a national integrated pipeline safety regulatory inspection database to improve communication and collaboration between the ,pipeline and ,hazardous ,materials ,safety ,administration and ,state pipeline regulators4 7b7 ,considerations ,in developing the database1 the ,secretary shall consider-- 7#a7 any efforts underway to test a secure information-sharing system for the purpose described in subsection 7a72 7#b7 any progress in establishing common standards for maintaining1 collecting1 and presenting pipeline safety regulatory inspection data1 and a methodology for the sharing of the data2 7#c7 any existing inadequacies or gaps in ,state and ,federal inspection1 enforcement1 geospatial1 or other pipeline safety regulatory inspection data2 7#d7 the potential safety benefits of a national integrated pipeline database2 and 7#e7 recommendations of stakeholders for how to implement a secure information-sharing system that protects proprietary and security sensitive information and data for the purpose described in subsection 7a74 7c7 ,consultation ,in implementing this section1 the ,secretary shall consult with stakeholders1 including ,state authorities operating under a certification to regulate intrastate pipelines under section #fjaje of title #di1 ,united ,states ,code4 #ab4 ,underground natural gas storage facilities 7a7 ,defined term ,section #fjaja7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ba77;,b7 by striking the period at the end and inserting a semicolon2 7#b7 in paragraph 7#bb77;,b77iii7 by striking the period at the end and inserting a semicolon2 7#c7 in paragraph 7#bd7 by striking and at the end2 7#d7 in paragraph 7#be7 by striking the period at the end and inserting 2 and2 and 7#e7 by adding at the end the following3 7#bf7 underground natural gas storage facility means a gas pipeline facility that stores gas in an underground facility1 including-- 7,a7 a depleted hydrocarbon reservoir2 7,b7 an aquifer reservoir2 or 7,c7 a solution-mined salt cavern reservoir4 4 7b7 ,standards for underground natural gas storage facilities ,chapter #fja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fjada4 ,standards for underground natural gas storage facilities 7a7 ,minimum safety standards ,not later than #b years after the date of enactment of the ,,pipes ,act of #bjaf1 the ,secretary1 in consultation with the heads of other relevant ,federal agencies1 shall issue minimum safety standards for underground natural gas storage facilities4 7b7 ,considerations ,in developing the safety standards required under subsection 7a71 the ,secretary shall1 to the extent practicable-- 7#a7 consider consensus standards for the operation1 environmental protection1 and integrity management of underground natural gas storage facilities2 7#b7 consider the economic impacts of the regulations on individual gas customers2 and 7#c7 ensure that the regulations do not have a significant economic impact on end users4 7c7 ,rules of construction 7#a7 ,in general ,nothing in this section may be construed to affect any ,federal regulation relating to gas pipeline facilities that is in effect on the day before the date of enactment of the ,,pipes ,act of #bjaf4 7#b7 ,limitations ,nothing in this section may be construed to authorize the ,secretary-- 7,a7 to prescribe the location of an underground natural gas storage facility2 or 7,b7 to require the ,secretary's permission to construct a facility referred to in subparagraph 7,a74 7d7 ,preemption ,a ,state authority may adopt additional or more stringent safety standards for intrastate underground natural gas storage facilities if such standards are compatible with the minimum standards prescribed under this section4 4 7c7 ,user fees ,chapter #fjc of title #di1 ,united ,states ,code1 is amended by inserting after section #fjcja the following3 #fjcjb4 ,user fees for underground natural gas storage facilities 7a7 ,in general ,a fee shall be imposed on an entity operating an underground natural gas storage facility pursuant to section #fjada4 ,any such fee imposed shall be collected before the end of the fiscal year to which it applies4 7b7 ,means of collection ,the ,secretary of ,transportation shall prescribe procedures to collect fees under this section4 ,the ,secretary may use a department1 agency1 or instrumentality of the ,united ,states ,government or of a ,state or local government to collect the fee and may reimburse the department1 agency1 or instrumentality a reasonable amount for its services4 7c7 ,use of fees 7#a7 ,account ,there is established an ,underground ,natural ,gas ,storage ,facility ,safety ,account in the ,pipeline ,safety ,fund established in the ,treasury of the ,united ,states under section #fjcja4 7#b7 ,use of fees ,a fee collected under this section-- 7,a7 shall be deposited in the ,underground ,natural ,gas ,storage ,facility ,safety ,account2 and 7,b7 if the fee is related to an underground natural gas storage facility pursuant to section #fjada1 the amount of the fee may be used only for an activity related to underground natural gas storage safety4 7#c7 ,limitation ,amounts collected under this section shall be made available only to the extent provided in advance in an appropriations ,act for an activity related to underground natural gas storage safety4 4 7d7 ,clerical amendments 7#a7 ,chapter #fja ,the table of sections for chapter #fja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fjada4 ,standards for underground natural gas storage facilities4 4 7#b7 ,chapter #fjc ,the table of sections for chapter #fjc of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #fjcja the following3 #fjcjb4 ,user fees for underground natural gas storage facilities4 4 #ac4 ,joint inspection and oversight ,section #fjaje of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,joint inspectors ,at the request of a ,state authority1 the ,secretary shall allow for a certified ,state authority under this section to participate in the inspection of an interstate pipeline facility4 4 #ad4 ,safety data sheets 7a7 ,in general ,each owner or operator of a hazardous liquid pipeline facility1 following an accident or incident involving such pipeline facility1 shall provide safety data sheets on any spilled oil to the designated ,federal ,on-,scene ,coordinator and appropriate ,state officials within #f hours of a telephonic or electronic notice of the accident or incident to the ,national ,response ,center4 7b7 ,definitions ,in this section3 7#a7 ,federal ,on-,scene ,coordinator ,the term ,federal ,on-,scene ,coordinator has the meaning given such term in section #caa7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;a774 7#b7 ,national ,response ,center ,the term ,national ,response ,center means the center described under section #cjj4abe7;a7 of title #dj1 ,code of ,federal ,regulations4 7#c7 ,safety data sheet ,the term safety data sheet means a safety data sheet required under section #aiaj4abjj of title #bi1 ,code of ,federal ,regulations4 #ae4 ,hazardous materials identification numbers ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue an advanced notice of proposed rulemaking to take public comment on the petition for rulemaking dated ,october #bh1 #bjae1 titled ,corrections to ,title #di ,c4,f4,r4 #agb4ccf ,identification numbers2 special provisions 7,p-#affg74 #af4 ,emergency order authority ,section #fjaag of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7o7 ,emergency order authority 7#a7 ,in general ,if the ,secretary determines that an unsafe condition or practice1 or a combination of unsafe conditions and practices1 constitutes or is causing an imminent hazard1 the ,secretary may issue an emergency order described in paragraph 7#c7 imposing emergency restrictions1 prohibitions1 and safety measures on owners and operators of gas or hazardous liquid pipeline facilities without prior notice or an opportunity for a hearing1 but only to the extent necessary to abate the imminent hazard4 7#b7 ,considerations ,before issuing an emergency order under paragraph 7#a71 the ,secretary shall consider1 after consultation with appropriate ,federal agencies1 ,state agencies1 or other entities1 the following1 as appropriate3 7,a7 ,the impact of the emergency order on public health and safety4 7,b7 ,the impact1 if any1 of the emergency order on the national or regional economy or national security4 7,c7 ,the impact of the emergency order on owners and operators of pipeline facilities4 7#c7 ,written order ,an emergency order issued by the ,secretary pursuant to paragraph 7#a7 with respect to an imminent hazard shall contain a written description of-- 7,a7 the violation1 condition1 or practice that constitutes or is causing the imminent hazard2 7,b7 the entities subject to the order2 7,c7 the restrictions1 prohibitions1 or safety measures imposed2 7,d7 the standards and procedures for obtaining relief from the order2 7,e7 how the order is tailored to abate the imminent hazard and the reasons the authorities under section #fjaab and #fjaag7l7 are insufficient to do so2 and 7,f7 how the considerations were taken into account pursuant to subsection 7#b74 7#d7 ,opportunity for review ,upon receipt of a petition for review from an entity subject to1 and adversely affected by1 an emergency order issued under this subsection1 the ,secretary shall provide an opportunity for a review of the order under section #eed of title #e to determine whether the order should remain in effect1 be modified1 or be terminated4 7#e7 ,expiration of effectiveness order ,if a petition for review of an emergency order is filed under paragraph 7#d7 and an agency decision with respect to the petition is not issued on or before the last day of the #cj-;day period beginning on the date on which the petition is filed1 the order shall cease to be effective on such day1 unless the ,secretary determines in writing on or before the last day of such period that the imminent hazard still exists4 7#f7 ,judicial review of orders ,after a final agency action under the review process described in paragraph 7#d71 or the issuance of a written determination by the ,secretary pursuant to paragraph 7#e71 an entity subject to1 and adversely affected by1 an emergency order issued under this subsection may seek judicial review of the order in a district court of the ,united ,states and shall be given expedited consideration4 7#g7 ,regulations 7,a7 ,temporary regulations ,not later than #fj days after the date of enactment of the ,,pipes ,act of #bjaf1 the ,secretary shall issue such temporary regulations as are necessary to carry out this subsection4 ,the temporary regulations shall expire on the date of issuance of the final regulations required under subparagraph 7,b74 7,b7 ,final regulations ,not later than #bgj days after such date of enactment1 the ,secretary shall issue such regulations as are necessary to carry out this subsection4 ,such regulations shall ensure that the review process described in paragraph 7#d7 contains the same procedures as subsections 7d7 and 7g7 of section #aji4ai of title #di1 ,code of ,federal ,regulations1 and is otherwise consistent with the review process developed under such section1 to the greatest extent practicable and not inconsistent with this section4 7#h7 ,imminent hazard defined ,in this subsection1 the term imminent hazard means the existence of a condition relating to a gas or hazardous liquid pipeline facility that presents a substantial likelihood that death1 serious illness1 severe personal injury1 or a substantial endangerment to health1 property1 or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of such death1 illness1 injury1 or endangerment4 7#i7 ,limitation and savings clause ,an emergency order issued under this subsection may not be construed to-- 7,a7 alter1 amend1 or limit the ,secretary's obligations under1 or the applicability of1 section #eec of title #e2 or 7,b7 provide the authority to amend the ,code of ,federal ,regulations4 4 #ag4 ,state grant funds 7a7 ,payments ,section #fjajg7;b7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7b7 ,payments ,after notifying and consulting with a ,state authority1 the ,secretary may withhold any part of a payment when the ,secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent4 ,the ,secretary may pay an authority under this section only when the authority ensures the ,secretary that it will provide the remaining costs of a safety program1 unless the ,secretary waives the requirement to provide such remaining costs4 4 7b7 ,repurposing of funds ,section #fjajg is amended by adding at the end the following3 7e7 ,repurposing of funds ,if a ,state program's certification is rejected under section #fjaje7;f7 or such program is otherwise suspended or interrupted1 the ,secretary may use any undistributed1 deobligated1 or recovered funds authorized under this section to carry out pipeline safety activities for that ,state within the period of availability for such funds4 4 #ah4 ,response plans ,each owner or operator of a hazardous liquid pipeline facility required to prepare a response plan pursuant to part #aid of title #di1 ,code of ,federal ,regulations1 shall consider the impact of a discharge into or on navigable waters or adjoining shorelines1 including those that may be covered in whole or in part by ice4 #ai4 ,high consequence areas ,the ,secretary of ,transportation shall revise section #aie4f7;b7 of title #di1 ,code of ,federal ,regulations1 to explicitly state that the ,great ,lakes and any marine coastal waters 7including coastal estuaries7 are ,,usa ecological resources for purposes of determining whether a pipeline is in a high consequence area 7as defined in section #aie4dej of such title74 #bj4 ,pipeline safety technical assistance grants 7a7 ,public participation limitation ,section #fjacj7;a77#d7 of title #di1 ,united ,states ,code1 is amended by inserting on technical pipeline safety issues after public participation4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,inspector ,general of the ,department of ,transportation shall submit to the ,secretary of ,transportation and the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report evaluating the grant program under section #fjacj of title #di1 ,united ,states ,code4 ,the report shall include-- 7#a7 a list of the recipients of all grant funds during fiscal years #bjaj through #bjae2 7#b7 a description of how each grant was used2 7#c7 an analysis of the compliance with the terms of grant agreements1 including subsections 7a7 and 7b7 of such section2 7#d7 an evaluation of the competitive process used to award the grant funds2 and 7#e7 an evaluation of-- 7,a7 the ability of the ,pipeline and ,hazardous ,materials ,safety ,administration to oversee grant funds and usage2 and 7,b7 the procedures used for such oversight4 #ba4 ,study of materials and corrosion prevention in pipeline transportation 7a7 ,in ,general ,not later than #b years after the date of enactment of the ,,pipes ,act of #bjaf1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a study on materials1 training1 and corrosion prevention technologies used in pipeline transportation4 7b7 ,requirements ,the study required under subsection 7a7 shall include-- 7#a7 the range of piping materials1 including plastic materials1 used to transport hazardous liquids and natural gas in the ,united ,states and in other developed countries around the world2 7#b7 the types of technologies used for corrosion prevention2 7#c7 an evaluation of the adequacy of training provided to personnel responsible for identifying and preventing corrosion in pipelines1 and for repairing such pipelines2 and 7#d7 an analysis of the costs and benefits1 including safety benefits1 associated with the use of such materials and technologies4 #bb4 ,research and development 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report regarding the ,pipeline and ,hazardous ,materials ,safety ,administration's research and development program established under section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note74 ,the report shall include an evaluation of-- 7#a7 compliance with the consultation requirement under subsection 7d77#b7 of such section2 7#b7 the extent to which the ,pipeline and ,hazardous ,materials ,administration enters into joint research ventures with ,federal and non-,federal entities1 and benefits thereof2 7#c7 the policies and procedures the ,pipeline and ,hazardous ,materials ,safety ,administration has put in place to ensure there are no conflicts of interest with administering grants to grantees under the program1 and whether those policies and procedures are being followed2 and 7#d7 an evaluation of the outcomes of research conducted with ,federal and non-,federal entities and the degree to which such outcomes have been adopted or utilized4 7b7 ,collaborative safety research report 7#a7 ,biennial reports ,section #fjabd7;a77#f7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 a summary of each research project carried out with ,federal and non-,federal entities pursuant to section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb and a review of how intended improvements impact safety4 4 7#b7 ,pipeline ,safety ,improvement ,act ,section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note7 is amended-- 7,a7 in subsection 7d77#c77;,c7-- 7i7 by striking program-wide and inserting technology2 7ii7 by striking are and inserting may be2 7iii7 by striking ,the ,secretary and inserting 7i7 ,the ,secretary2 and 7iv7 by adding at the end the following3 7ii7 at least #bj percent of the costs of basic research and development with universities may be carried out using non-,federal sources2 and 7iii7 up to #ajj percent of the costs of research and development for purely governmental purposes may be carried out using ,federal funds4 2 and 7,b7 by adding at the end the following3 7h7 ,independent experts ,not later than #ahj days after the date of enactment of the ,,pipes ,act of #bjaf1 the ,secretary shall-- 7#a7 implement processes and procedures to ensure that projects listed under subsection 7c71 to the greatest extent practicable1 produce results that are factual and peer-reviewed by independent experts and not with persons or entities that have a financial interest in the pipeline1 petroleum1 or natural gas industries1 or that would be directly impacted by the results of the projects2 and 7#b7 submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the implementation of the processes and procedures required under paragraph 7#a74 7i7 ,conflict of interest ,the ,secretary shall take all practical steps to ensure that each recipient of an agreement under this section discloses in writing to the ,secretary any conflict of interest on a research and development project carried out under this section1 and includes any such disclosure as part of the final deliverable pursuant to such agreement4 ,the ,secretary may not make an award under this section directly to a pipeline owner or operator that is regulated by the ,pipeline and ,hazardous ,materials ,safety ,administration or a ,state-certified regulatory authority4 4 #bc4 ,active and abandoned pipelines ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue formal guidance to owners and operators of gas or hazardous liquid pipeline facilities and applicable ,state regulatory authorities regarding the actions1 including those required by ,federal regulation1 required to change the status of a pipeline facility from active to abandoned1 including specific guidance on the definition of each pipeline status referred to in such formal guidance4 #bd4 ,state pipeline safety agreements 7a7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall complete a study on ,state pipeline safety agreements made pursuant to section #fjajf of title #di1 ,united ,states ,code4 ,such study shall consider the following3 7#a7 ,the integration of ,federal and ,state or local authorities in carrying out activities pursuant to an agreement under such section4 7#b7 ,the overall cost of ,federal and ,state authorities carrying out inspection activities pursuant to agreements under such section4 7#c7 ,the overall cost of the ,pipeline and ,hazardous ,materials ,safety ,administration carrying out interstate inspections without the existence of interstate agreements with the ,states pursuant to such section4 7b7 ,notice requirement for denial ,section #fjajf7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,notice upon denial ,if a ,state authority requests an interstate agreement under this section and the ,secretary denies such request1 the ,secretary shall provide written notification to the ,state authority of the denial that includes an explanation of the reasons for such denial4 4 ,november #ad1 #bjaf ,reported from the ,committee on ,transportation and ,infrastructure with an amendment ,november #ad1 #bjaf ,the ,committee on ,energy and ,commerce discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed