,,ii #aadth ,,congress #ast ,session ,s4 #bbgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #aj1 #bjae ,mrs4 ,fischer 7for herself1 ,mr4 ,booker1 ,mr4 ,daines1 and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to provide enhanced safety in pipeline transportation1 and for other purposes4 #a4 ,short title2 references 7a7 ,short title ,this ,act may be cited as the ,securing ,america's ,future ,energy3 ,protecting our ,infrastructure of ,pipelines and ,enhancing ,safety ,act or the ,,safe ,,pipes ,act4 7b7 ,references to title #di1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #b4 ,authorization of appropriations 7a7 ,gas and hazardous liquid ,section #fjabe7;a7 is amended-- 7#a7 in paragraph 7#a71 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 are authorized to be appropriated to the ,department of ,transportation from fees collected under section #fjcja-- 7,a7 #abg1jfj1jjj for fiscal year #bjaf1 of which #i1cbe1jjj shall be expended for carrying out such section #ab and #db1eae1jjj shall be expended for making grants2 7,b7 #abi1fga1jjj for fiscal year #bjag1 of which #i1dah1jjj shall be expended for carrying out such section #ab and #db1ida1jjj shall be expended for making grants2 7,c7 #acb1ccd1jjj for fiscal year #bjah1 of which #i1eab1jjj shall be expended for carrying out such section #ab and #dc1cga1jjj shall be expended for making grants2 and 7,d7 #ace1jea1jjj for fiscal year #bjai1 of which #i1fjg1jjj shall be expended for carrying out such section #ab and #dc1hje1jjj shall be expended for making grants4 2 and 7#b7 in paragraph 7#b71 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 grants and inserting the following3 there are 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 #ai1hij1jjj for fiscal year #bjaf1 of which #c1ajh1jjj shall be expended for carrying out such section #ab and #h1gjh1jjj shall be expended for making grants2 7,b7 #bj1bhh1jjj for fiscal year #bjag1 of which #c1aci1jjj shall be expended for carrying out such section #ab and #h1gie1jjj shall be expended for making grants2 7,c7 #bj1fid1jjj for fiscal year #bjah1 of which #c1aga1jjj shall be expended for carrying out such section #ab and #h1hhc1jjj shall be expended for making grants2 and 7,d7 #ba1ajh1jjj for fiscal year #bjai1 of which #c1bjc1jjj shall be expended for carrying out such section #ab and #h1igb1jjj shall be expended for making grants4 4 7b7 ,emergency response grants ,section #fjabe7;b77#b7 is amended by striking #bjab through #bjae and inserting #bjaf through #bjai4 7c7 ,one-,call notification programs ,section #fajg is amended-- 7#a7 in subsection 7a71 by striking #a1jjj1jjj for each of fiscal years #bjab through #bjae and inserting #a1jfj1jjj for each of the fiscal years #bjaf through #bjai2 and 7#b7 in subsection 7b71 by striking #bjab through #bjae and inserting #bjaf through #bjai4 7d7 ,state damage prevention programs ,section #fjacd7;i7 is amended by striking #bjab through #bjae and inserting #bjaf through #bjai4 7e7 ,community pipeline safety information grants ,section #fjacj7;c7 is amended by striking #bjab through #bjae and inserting #bjaf through #bjai4 7f7 ,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 ,regulatory updates 7a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 and every #ij days thereafter until a final rule has been issued for each of the requirements described under paragraphs 7#a71 7#b71 and 7#c71 the ,secretary of ,transportation shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives regarding the status of a final rule for-- 7#a7 regulations required under the ,pipeline ,safety ,regulatory ,certainty and ,job ,creation ,act of #bjaa 7,public ,law #aab-ij2 #abe ,stat4 #aijd7 for which no interim final rule or direct final rule has been issued2 7#b7 any regulation relating to pipeline safety required by law1 other than a regulation described under paragraph 7#a71 for which for more than #b years after the date of the enacting statute or statutory deadline no interim final rule or direct final rule has been issued2 and 7#c7 any other rulemaking categorized as significant4 7b7 ,contents ,each report under subsection 7a7 shall include-- 7#a7 a description of the work plan for the outstanding regulation2 7#b7 an updated rulemaking timeline for the outstanding regulation2 7#c7 current staff allocations2 7#d7 current data collection or research relating to the development of the rulemaking2 7#e7 current collaborative efforts with safety experts and other stakeholders2 7#f7 any resource constraints impacting the rulemaking process for the outstanding regulation2 and 7#g7 any other details associated with the development of the rulemaking that impact the progress of the rulemaking4 #d4 ,statutory preference ,the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall prioritize the use of ,pipeline and ,hazardous ,materials ,safety ,administration resources for the completion of each outstanding statutory requirement for a rulemaking described in a report under section #c before beginning any new rulemaking required after the date of the enactment of this ,act unless the ,secretary of ,transportation certifies to ,congress that there is a significant need to move forward with a new rulemaking4 #e4 ,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 7#gf ,fed4 ,reg4 #ecjhf71 the ,comptroller ,general shall submit a report to ,congress regarding the natural gas integrity management program4 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 an analysis of the extent to which the natural gas integrity management program under section #fjaji7;c7 of title #di1 ,united ,states ,code1 has improved the safety of natural gas transmission pipelines2 7#b7 an analysis or recommendations regarding changes to the program that would prevent inadvertent releases from pipelines and mitigate any adverse consequences of an inadvertent release1 including changes to the current definition of high consequence area1 or would expand integrity management beyond high consequence areas2 7#c7 a review of the cost effectiveness of the legacy class location regulations2 7#d7 an analysis of and recommendations regarding what impact the age of a pipeline should have on risk analysis of a particular pipeline2 7#e7 a description of any challenges affecting ,federal or ,state regulators in their oversight of the program and how the challenges are being addressed2 and 7#f7 a description of any challenges affecting the natural gas industry in complying with the program1 and how the challenges are being addressed4 7c7 ,definition of high consequence area ,in this section and in section #f1 the term high consequence area means an area described in section #fjaji7;a7 of title #di1 ,united ,states ,code4 #f4 ,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 pipelines 7#hj ,fed4 ,reg4 #fafaj71 the ,comptroller ,general shall submit a report to ,congress regarding the hazardous liquid integrity management program4 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 an analysis of the extent to which liquid pipeline integrity management in high consequence areas for operators of certain hazardous liquid pipeline facilities1 as regulated under sections #aie4dej and #aie4deb of title #di1 ,code of ,federal ,regulations1 has improved the safety of hazardous liquid pipelines2 7#b7 recommendations1 including consideration of technical1 operational1 and economic feasibility1 regarding changes to the program that could prevent inadvertent releases from pipelines and mitigate any adverse consequences of an inadvertent release1 including changes to the current 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 other ,federal agencies1 are being used to address risks associated with the dynamic and unique nature of rivers1 flood plains1 and lakes2 7#d7 an analysis of and recommendations regarding what impact pipeline features and conditions1 including the age1 condition1 materials1 and construction of a pipeline should have on 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 their oversight of the program and how the challenges are being addressed4 #g4 ,technical safety standards committees ,section #fjaae7;b77#d77;,a7 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 when making a selection under this subparagraph44 #h4 ,inspection report information 7a7 ,in general ,not later than #cj days after the completion of a pipeline safety inspection1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration1 or the head of the agency leading the inspection1 shall-- 7#a7 conduct a post-inspection briefing with the operator outlining concerns1 and to the extent practicable1 provide written preliminary findings of the inspection2 or 7#b7 issue to the operator a final report1 notice of amendment of plans or procedures1 safety order1 or corrective action order4 7b7 ,report 7#a7 ,in general ,the ,administrator shall submit an annual report to ,congress regarding-- 7,a7 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 7#b7 ,cessation of effectiveness ,paragraph 7#a7 shall cease to be effective on ,september #cj1 #bjai4 #i4 ,improving location mapping technology 7a7 ,study ,the ,secretary of ,transportation1 in consultation with stakeholders1 shall conduct a study on improving damage prevention through technological improvements in location and communications practices to prevent accidental excavation damage to a pipe or its coating1 including considerations of technical1 operational1 and economic feasibility4 7b7 ,contents ,the study under subsection 7a7 shall include-- 7#a7 an identification of any methods that could improve damage prevention through location and mapping data in an effort to reduce unintended releases caused by excavation2 7#b7 an analysis of how increased use of ,,gps digital mapping technologies1 predictive analytic tools1 public awareness initiatives1 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 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 and 7#d7 an identification of opportunities for stakeholder engagement in preventing excavation damage4 7c7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,transportation shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives regarding the study under this section1 including recommendations1 that include the consideration of technical1 operational1 and economic feasibility1 on how to incorporate technological improvements and practices that may help prevent accidental excavation damage4 #aj4 ,workforce of ,pipeline and ,hazardous ,materials ,safety ,administration 7a7 ,review ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall submit to ,congress 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 7b7 ,critical hiring needs 7#a7 ,in general ,beginning on the date on which the review is submitted under subsection 7a71 the ,administrator may certify to ,congress1 not less frequently than annually1 that a severe shortage of qualified candidates or a critical hiring need exists for a position or group of positions in the ,pipeline and ,hazardous ,materials ,safety ,administration4 7#b7 ,direct hire authority ,notwithstanding sections #ccji through #ccah of title #e1 ,united ,states ,code1 the ,administrator1 after making a certification under paragraph 7#a71 may hire a candidate for the position or candidates for the group of positions1 as applicable4 7#c7 ,terminations of effectiveness ,the direct hire authority provided under paragraph 7#b7 shall terminate on ,september #cj1 #bjai4 #aa4 ,research and development 7a7 ,in general ,in developing a research and development program plan under paragraph 7#c7 of section #ab7;d7 of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note71 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration1 in consultation with the ,assistant ,secretary for ,research and ,technology1 shall-- 7#a7 detail compliance with the consultation requirement under paragraph 7#b7 of such section2 7#b7 provide opportunities for joint research ventures with non-,federal entities1 whenever practicable and appropriate1 to leverage limited ,federal research resources2 and 7#c7 permit collaborative research and development projects with appropriate non-,federal organizations4 7b7 ,collaborative safety research report ,section #fjabd7;a77#f7 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 research activities in collaboration with non-,federal entities1 including the intended improvements to safety technology1 inspection technology1 operator response time1 and emergency responder incident response time4 4 #ab4 ,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 no-fault 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 integrity risk analysis4 7b7 ,membership ,the working group described in 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 described in subsection 7a7 shall consider and provide recommendations1 if applicable1 to the ,secretary on-- 7#a7 the need for and the identification of a system to ensure that dig verification data is shared with inline inspection operators to the extent consistent with the need to maintain proprietary 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 ,,faca ,the working group shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7e7 ,publication ,the ,secretary shall publish the recommendations provided under subsection 7c7 on a publicly available website4 #ac4 ,nationwide integrated pipeline safety regulatory database 7a7 ,report ,not later than #ah months after the date of the enactment of this ,act and subject to subsection 7c71 the ,secretary of ,transportation shall submit a report to ,congress on the feasibility of 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 ,contents ,the report under subsection 7a7 shall include-- 7#a7 a description of any efforts currently underway to test a secure information-sharing system for the purpose described in subsection 7a72 7#b7 a description of 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 a description of any existing inadequacies or gaps in ,state and ,federal inspection1 enforcement1 geospatial1 or other pipeline safety regulatory inspection data2 7#d7 a description of the potential safety benefits of a national integrated pipeline database2 and 7#e7 recommendations for how to implement a secure information-sharing system for the purpose described in subsection 7a74 7c7 ,consultation ,in preparing the report under subsection 7a71 the ,secretary shall consult with stakeholders1 including each ,state authority operating under a certification to regulate intrastate pipelines under section #fjaje of title #di1 ,united ,states ,code4 #ad4 ,underground natural gas storage facilities 7a7 ,definition of underground natural gas storage facility ,in this section1 the term underground natural gas storage facility means a gas pipeline facility 7as defined in section #fjaja of title #di1 ,united ,states ,code7 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 7b7 ,minimum uniform safety standards ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the heads of other relevant ,federal agencies1 shall issue minimum uniform safety standards1 incorporating1 to the extent practicable1 consensus standards for the operation1 environmental protection1 and integrity management of underground natural gas storage facilities4 7c7 ,considerations ,in developing the uniform safety standards under subsection 7b71 the ,secretary shall-- 7#a7 consider the economic impacts of the regulations on individual gas customers to the extent practicable2 7#b7 ensure that the regulations do not have a significant economic impact on end users to the extent practicable2 and 7#c7 consider existing consensus standards4 7d7 ,certifications ,the ,secretary may authorize an intrastate underground natural gas storage safety program by a ,state authority that annually submits a certification to the ,secretary in the same manner as provided under subsections 7b7 and 7c7 of section #fjaje of title #di1 ,united ,states ,code4 7e7 ,agreements 7#a7 ,in general ,the ,secretary may make an agreement1 in the same manner as provided in section #fjajf of title #di1 ,united ,states ,code1 with a ,state authority authorizing the ,state authority to take necessary action to provide or participate in the oversight of interstate underground natural gas storage facilities4 7#b7 ,rule of construction ,notwithstanding the limitation under section #fjajd7;b7 of title #di1 ,united ,states ,code1 to the extent a ,state has oversight of the wellbore piping and hole drilled to connect the surface wellhead with the underground reservoir1 the standards adopted under subsection 7b7 may be enforced by the ,state4 7f7 ,grants ,if a ,state authority with responsibility for regulating gas pipelines in that ,state under a certification under section #fjaje of title #di1 ,united ,states ,code1 an agreement under section #fjajf of that title1 or both1 files an application in such form and manner as prescribed by the ,secretary not later than ,september #cj of a calendar year1 the ,secretary shall pay not more than #hj percent of the cost of the personnel1 equipment1 and activities the authority reasonably requires during the next calendar year-- 7#a7 to carry out an intrastate underground natural gas storage safety program under a certification under subsection 7d72 or 7#b7 to act as an agent of the ,secretary on interstate underground natural gas storage facilities under an agreement under subsection 7e74 7g7 ,user fees 7#a7 ,in general ,a fee shall be imposed on an entity operating an underground natural gas storage facility to which this section applies4 ,any such fee imposed shall be collected before the end of the fiscal year to which it applies4 7#b7 ,means of collection ,the ,secretary shall prescribe procedures to collect fees under this subsection4 ,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 7#c7 ,use of fees 7,a7 ,account ,there is established an underground natural gas storage facility safety account in the ,pipeline ,safety ,fund established under section #fjcja of title #di1 ,united ,states ,code1 in the ,treasury of the ,united ,states4 7,b7 ,use of fees ,a fee collected under this subsection-- 7i7 shall be deposited in the underground natural gas storage facility safety account2 and 7ii7 if the fee is related to an underground natural gas storage facility1 may be used only for an activity related to underground natural gas storage safety under this section4 7,c7 ,limitation ,amounts collected under this subsection shall be made available only to the extent provided in advance in an appropriation law for an activity related to underground natural gas storage safety4 7h7 ,rules of construction 7#a7 ,in general ,nothing in this section may be construed to affect any regulation relating to gas pipeline facilities that is in effect on the day before the date of enactment of this ,act4 7#b7 ,limitations ,nothing in this section may be construed to authorize the ,secretary to prescribe the location of an underground natural gas storage facility or to require the ,secretary's permission to construct such a facility4 #ae4 ,response plans 7a7 ,in general ,in preparing or reviewing a response plan under part #aid of title #di1 ,code of ,federal ,regulations1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration and an operator shall each consider1 to the maximum extent practicable1 the impact of a worst-case discharge of hazardous liquid1 or the substantial threat of such a discharge1 into or on any navigable waters or adjoining shorelines that may be covered in whole or in part by ice4 7b7 ,definitions ,in this section1 any applicable definitions set forth in section #aid4e of title #di1 ,code of ,federal ,regulations 7as in effect on the day before the date of enactment of this ,act71 shall apply4 #af4 ,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 are a ,u4,s4,a4 ecological resource 7as defined in section #aie4f7;b7 of that title7 for purposes of determining whether a pipeline is in a high consequence area 7as defined in section #aie4dej of that title74 #ag4 ,surface transportation security review ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit a report to ,congress on the staffing1 resource allocation1 oversight strategy1 and management of the ,transportation ,security ,administration's pipeline security program and other surface transportation programs4 ,the report shall include information on the coordination between the ,transportation ,security ,administration1 other ,federal stakeholders1 and industry4