,i #aafth ,,congress #ast ,session ,h4 ,r4 #eage ,,in ,,the ,,house ,,of ,,representatives ,november #ai1 #bjai,mr4 ,crawford 7for himself1 ,mr4 ,graves of ,missouri1 ,mr4 ,bost1 ,mr4 ,weber of ,texas1 ,mrs4 ,miller1 ,mr4 ,gibbs1 ,mr4 ,pence1 ,mr4 ,young1 ,mr4 ,babin1 ,mr4 ,perry1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,stauber1 ,mr4 ,balderson1 ,mr4 ,la,malfa1 ,mr4 ,spano1 ,mr4 ,meadows1 ,mr4 ,woodall1 ,mr4 ,katko1 and ,miss ,gonzlez-,coln of ,puerto ,rico7 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 ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to provide enhanced safety in pipeline transportation1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,pipeline ,safety ,improvement ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,authorization of appropriations4 ,sec4 #c4 ,strengthening operator qualification programs4 ,sec4 #d4 ,safety-related condition reports4 ,sec4 #e4 ,property damage threshold4 ,sec4 #f4 ,pipeline facility security4 ,sec4 #g4 ,access to oil spill response plans4 ,sec4 #h4 ,national pipeline mapping system4 ,sec4 #i4 ,depth of cover for inland bodies of water4 ,sec4 #aj4 ,pipeline operating status4 ,sec4 #aa4 ,advancement of new pipeline safety technologies and approaches4 ,sec4 #ab4 ,pipeline safety voluntary information-sharing system4 ,sec4 #ac4 ,user fees4 ,sec4 #ad4 ,user fees for underground natural gas storage facilities4 ,sec4 #ae4 ,liquefied natural gas facility safety4 ,sec4 #af4 ,unusually sensitive areas4 ,sec4 #ag4 ,workforce4 ,sec4 #ah4 ,nationwide integrated pipeline safety regulatory database4 ,sec4 #ai4 ,regulatory updates4 ,sec4 #bj4 ,construction project approvals4 ,sec4 #ba4 ,report on emissions4 ,sec4 #bb4 ,changes in class location4 #b4 ,authorization of appropriations 7a7 ,gas and hazardous liquid ,section #fjabe7;a7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7a7 ,gas and hazardous liquid 7#a7 ,in general ,to carry out the provisions of this chapter related to gas and hazardous liquid and section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee71 there are authorized to be appropriated to the ,secretary from fees collected under section #fjcja-- 7,a7 #aej1jjj1jjj for fiscal year #bjbj1 of which #i1jjj1jjj shall be expended for carrying out such section #ab and #fj1jjj1jjj shall be expended for making grants2 7,b7 #aed1jjj1jjj for fiscal year #bjba1 of which #i1jjj1jjj shall be expended for carrying out such section #ab and #fc1jjj1jjj shall be expended for making grants2 7,c7 #aeh1jjj1jjj for fiscal year #bjbb1 of which #i1jjj1jjj shall be expended for carrying out such section #ab and #ff1jjj1jjj shall be expended for making grants2 and 7,d7 #afb1jjj1jjj for fiscal year #bjbc1 of which #i1jjj1jjj shall be expended for carrying out such section #ab and #fi1jjj1jjj shall be expended for making grants4 7#b7 ,trust fund amounts ,in addition to the amounts authorized to be appropriated under paragraph 7#a71 there are authorized to be appropriated from the ,oil ,spill ,liability ,trust ,fund described in section #ieji7;a7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ieji7;a77 to carry out the provisions of this chapter relating 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 #be1jjj1jjj for fiscal year #bjbj1 of which-- 7i7 #c1jjj1jjj shall be used to carry out section #ab of such ,act2 and 7ii7 #aj1jjj1jjj shall be used for making grants2 7,b7 #bf1jjj1jjj for fiscal year #bjba1 of which-- 7i7 #c1jjj1jjj shall be used to carry out section #ab of such ,act2 and 7ii7 #aa1jjj1jjj shall be used for making grants2 7,c7 #bg1jjj1jjj for fiscal year #bjbb1 of which-- 7i7 #c1jjj1jjj shall be used to carry out section #ab of such ,act2 and 7ii7 #ab1jjj1jjj shall be used for making grants2 and 7,d7 #bh1jjj1jjj for fiscal year #bjbc1 of which-- 7i7 #c1jjj1jjj shall be used to carry out section #ab of such ,act2 and 7ii7 #ac1jjj1jjj shall be used for making grants4 7#c7 ,underground natural gas storage facility safety account ,to carry out section #fjada1 there is authorized to be appropriated to the ,secretary #h1jjj1jjj from fees collected under section #fjcjb for each of fiscal years #bjbj through #bjbc4 4 7b7 ,operational expenses ,section #b7;b7 of the ,,pipes ,act of #bjaf 7,public ,law #aad-ahc2 #acj ,stat4 #eae7 is amended by striking paragraphs 7#a7 through 7#d7 and inserting the following3 7#a7 #be1jjj1jjj for fiscal year #bjbj4 7#b7 #bf1jjj1jjj for fiscal year #bjba4 7#c7 #bg1jjj1jjj for fiscal year #bjbb4 7#d7 #bh1jjj1jjj for fiscal year #bjbc4 4 7c7 ,emergency response grants ,section #fjabe7;b7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7b7 ,emergency response grants 7#a7 ,in general ,the ,secretary may establish a program to make grants to ,state1 county1 local1 and tribal governments and nonprofit organizations providing pipeline emergency response training1 for-- 7,a7 emergency response management2 7,b7 training2 and 7,c7 technical assistance4 7#b7 ,training requirements ,to the extent that a grant is used to train emergency responders1 any training shall ensure that emergency responders can protect nearby persons1 property1 and the environment from the effects of accidents or incidents involving gas or hazardous liquid pipelines1 in accordance with existing regulations4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ab1jjj1jjj for each of fiscal years #bjbj through #bjbc4 4 7d7 ,one-,call notification programs ,section #fajg of title #di1 ,united ,states ,code1 is amended by striking #bjaf through #bjai and inserting #bjbj through #bjbc4 7e7 ,pipeline safety information grants to communities ,section #fjacj7;c7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7c7 ,funding 7#a7 ,in general ,of the amounts made available under section #b7;b7 of the ,,pipes ,act of #bjaf1 the ,secretary shall use #a1ejj1jjj for each of fiscal years #bjbj through #bjbc to carry out this section4 7#b7 ,limitation ,any amounts used to carry out this section may not be derived from user fees collected under section #fjcja4 4 7f7 ,damage prevention programs ,section #fjacd7;i7 of title #di1 ,united ,states ,code1 is amended in the first sentence by striking #bjab through #bjae and inserting #bjbj through #bjbc4 7g7 ,pipeline integrity program ,section #ab7;f7 of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee7 is amended by striking #bjaf through #bjai and inserting #bjbj through #bjbc4 #c4 ,strengthening operator qualification programs 7a7 ,qualifications of pipeline operators ,section #fjajb7;a77#c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking operates and maintains and inserting operates and maintains1 or constructs12 7#b7 by inserting 1 a gas gathering line1 or a hazardous liquid gathering line before shall address2 7#c7 by striking operator of a pipeline facility and inserting operator of a pipeline facility1 a gas gathering line1 or a hazardous liquid gathering line2 7#d7 by striking operate and maintain and inserting operate and maintain1 or construct each place it appears2 and 7#e7 by inserting 1 gas gathering lines1 or hazardous liquid gathering lines before the period at the end4 7b7 ,verification of pipeline qualification programs ,section #fjaca of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7 by adding at the end the following3 7#e7 ,a management of change program that will communicate changes that affect covered tasks to individuals performing those covered tasks4 2 and 7#b7 by striking subsection 7g7 and inserting the following3 7g7 ,definitions ,in this section3 7#a7 ,covered task ,the term covered task-- 7,a7 with respect to a gas pipeline facility1 has the meaning such term has under section #aib4hja of title #di1 ,code of ,federal ,regulations1 including any subsequent modifications2 and 7,b7 with respect to a hazardous liquid pipeline facility1 has the meaning such term has under section #aie4eja of such title1 including any subsequent modifications2 7,c7 includes1 with respect to a gas pipeline facility or a hazardous liquid pipeline facility described in subparagraphs 7,a7 and 7,b71 a construction task4 7#b7 ,pipeline facility ,the term pipeline facility includes regulated gas gathering lines and regulated hazardous liquid gathering lines4 4 7c7 ,operator qualification program effectiveness 7#a7 ,rulemaking required ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to require pipeline facility operator qualification programs to include a written process to measure the effectiveness of the program at minimizing human error during the performance of a covered task4 7#b7 ,considerations ,in issuing the regulations required under paragraph 7#a71 the ,secretary shall consider the elements of program effectiveness contained in the notice of proposed rulemaking issued on ,july #aj1 #bjae titled ,pipeline ,safety3 ,operator ,qualification1 ,cost ,recovery1 ,accident and ,incident ,notification1 and ,other ,pipeline ,safety #c ,proposed ,changes 7#hj ,fed4 ,reg4 #ciiaf74 7#c7 ,covered task defined ,in this subsection1 the term covered task has the meaning given the term in section #fjaca7;g7 of title #di1 ,united ,states ,code4 #d4 ,safety-related condition reports ,section #fjajb7;h7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7 by striking ,notice of the condition shall be given concurrently to appropriate ,state authorities42 and 7#b7 by adding at the end the following3 7#c7 7,a7 ,notice of the condition of an intrastate or interstate pipeline facility shall be given concurrently to appropriate ,state authorities1 as defined by the ,secretary4 7,b7 ,the ,secretary shall require that when a ,state agency receives a report on a safety-related condition1 the ,state agency shall provide the report to any ,state emergency response commission1 tribal emergency response commission1 tribal emergency planning committee1 local emergency planning committee1 local government1 or public agency responsible for emergency response that requests the report1 including any updates to the report received by the ,state agency4 4 #e4 ,property damage threshold ,section #fjabc7;d77#b77;,a7 of title #di1 ,united ,states ,code1 is amended by striking #ej1jjj and inserting #bjj1jjj4 #f4 ,pipeline facility security ,section #fjabc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,penalty for altering physical infrastructure 7#a7 ,definition of altering a pipeline facility ,in this subsection1 the term altering a pipeline facility means-- 7,a7 the unauthorized turning or manipulation of any valve of a pipeline facility described in subsection 7b72 7,b7 the puncturing of-- 7i7 an existing pipeline that is in use for a facility described in subsection 7b72 or 7ii7 a pipeline pipe1 pump1 or valve intended to be used by a facility described in subsection 7b72 or 7,c7 causing a defect that would affect the integrity of safe operations for-- 7i7 an existing pipeline that is in use for a facility described in subsection 7b72 or 7ii7 a pipeline pipe1 pump1 or valve intended to be used by a facility described in subsection 7b74 7#b7 ,penalty ,a person knowingly and willfully altering a pipeline facility shall be fined or imprisoned in accordance with subsection 7a74 7#c7 ,rule of construction ,nothing in this subsection abridges the exercise of rights guaranteed under the ,first ,amendment to the ,constitution of the ,united ,states4 4 #g4 ,access to oil spill response plans ,section #fjach of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking and2 7,b7 in paragraph 7#b77;,d7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 provide to a ,member of ,congress1 upon written request from such ,member1 access to view a copy of the plan1 the contents of which the ,secretary may not redact1 but may note as the ,secretary determines appropriate-- 7,a7 proprietary information2 and 7,b7 security-sensitive information1 including information described in section #aebj4e7;a7 of title #di1 ,code of ,federal ,regulations4 2 7#b7 by redesignating subsection 7b7 as subsection 7d72 and 7#c7 by adding at the end the following3 7c7 ,limitations on information provided to ,congress ,the following requirements shall apply to any activities carried out under subsection 7a77#c73 7#a7 ,to review an oil spill response plan1 the ,administrator shall provide the ,member access to a full and unredacted paper copies of the plans for the ,congressional district of such ,member in a secure reading room for purposes of review only4 7#b7 ,congressional review of full and unredacted copies of oil spill response plans carried out under such subsection shall be the exclusive authority for congressional review of such plans4 7#c7 ,information identified under subparagraph 7,a7 and 7,b7 of subsection 7a77#c7 may not be distributed in any form1 including verbal1 electronic or written communication1 or transmittal of copied image4 7#d7 ,all information described in paragraph 7#c7 shall remain confidential and any unauthorized disclosure of such information is subject to a fine of #aj1jjj4 7#e7 ,the provision of access to information described in paragraph 7#c7 shall not be construed to waive or amend the obligations or authorities of the ,administrator to protect information from disclosure pursuant to section #eeb7;b7 of title #e1 section #fjach1 or any other applicable laws4 4 #h4 ,national pipeline mapping system 7a7 ,in general ,section #fjacb of title #di1 ,united ,states ,code1 is amended by striking subsection 7f7 and inserting the following3 7f7 ,public disclosure limited ,data and information submitted to the ,secretary under this section may not be disclosed to the public pursuant to section #eeb7;b77#c77;,b7 of title #e4 4 7b7 ,evaluation of information ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue regulations on the evaluation of the information required under paragraphs 7#a7 through 7#d7 of section #fjacb7;a7 of title #di1 ,united ,states ,code1 with respect to gathering lines4 #i4 ,depth of cover for inland bodies of water ,section #fjadj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,data set for pipelines crossing certain water bodies 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall collect and maintain geospatial data capable of identifying hazardous liquid pipelines crossing inland bodies of water with a width of at least #ajj feet from high-water mark to high-water mark and where the pipeline segment is within1 or could affect1 a high consequence area 7as defined in sections #aib4ijc and #aie4dej of title #di1 ,code of ,federal ,regulations74 7#b7 ,public information ,the ,secretary shall make the data set collected and maintained under paragraph 7#a7 available on the publicly available website of the ,department of ,transportation4 7#c7 ,national pipeline mapping system ,the ,secretary shall include such data set in the ,national ,pipeline ,mapping ,system for purposes of meeting the requirement under paragraph 7#b74 4 #aj4 ,pipeline operating status 7a7 ,in general ,chapter #fja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fjadb4 ,idled pipelines 7a7 ,definition of idled ,in this section1 the term idled1 with respect to a pipeline1 means that the pipeline-- 7#a7 7,a7 has ceased normal operations2 7,b7 will not resume service for a period of not less than #ahj days2 7#b7 has been isolated from all sources of hazardous liquid1 natural gas1 or other gas2 7#c7 has been purged of combustibles and hazardous materials2 7#d7 if a blanket of inert1 nonflammable gas is placed in the line1 such gas must be at low pressure and odorized2 and 7#e7 has received approval from the ,secretary to be removed as an active pipeline4 7b7 ,approval ,before an operator may place a natural or other gas pipeline facility or hazardous liquid pipeline facility into idled status1 the operator must request an approval1 in writing1 from the ,secretary4 7c7 ,extension ,the ,secretary may allow idled natural or other gas pipeline facilities and hazardous liquid pipeline facilities to remain in idled status for a period longer than described in paragraph 7a71 provided that such request be made in writing and not exceed a period of #e years for each requested extension4 7d7 ,rulemaking 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to idled natural or other gas pipeline facilities and hazardous liquid pipeline facilities4 7#b7 ,requirements ,the regulations promulgated under paragraph 7#a7 shall contain the following requirements3 7,a7 ,in general ,the applicability of the regulations under paragraph 7#a7 shall be based on the risk that idled natural or other gas pipeline facilities and hazardous liquid pipeline facilities pose to the public1 property1 and the environment1 and shall include requirements to resume operation4 7,b7 ,notification and approval ,the ,secretary shall establish procedures1 including a requirement for notification to the public1 for requesting an approval1 described in subsection 7b71 and an extension1 described in subsection 7c71 before an operator changes the operating status of a natural or other gas pipeline facility or hazardous liquid pipeline facility4 7,c7 ,inspection ,the ,secretary or an appropriate ,state agency shall inspect each idled natural or other gas pipeline facility or hazardous liquid pipeline facility and verify that the pipeline has been purged of combustibles and hazardous materials4 7,d7 ,requirements for reinspection ,the ,secretary shall determine the requirements for periodic reinspection of idled natural or other gas pipeline facilities and hazardous liquid pipeline facilities4 7,e7 ,inventory ,the ,secretary shall require operators to report to the ,secretary information on idled natural or other gas pipeline facilities and hazardous liquid pipeline facilities in their system1 including the location of a pipeline1 whether the pipeline has been purged of combustibles and hazardous materials1 whether a blanket of inert gas remains in the line1 the date on which the operator idled the pipeline1 and a written description for why the operator chose to place each pipeline into idle status4 7e7 ,availability of data 7#a7 ,in general ,the ,secretary shall make available to the public the inventory required under subsection 7d77,e71 and publish annually on a website accessible to the public a list indicating pipeline operating status changes4 ,the list shall include-- 7,a7 the name of the operator2 7,b7 the operating status change of the pipeline2 and 7,c7 the approximate location1 including beginning and end point for the pipeline that is subject to the change in operating status4 4 7b7 ,clerical amendment ,the table of sections for chapter #fja of title #di1 ,united ,states ,code1 is amended by adding at the end the following new item3 #fjadb4 ,idled pipelines4 4 #aa4 ,advancement of new pipeline safety technologies and approaches 7a7 ,in general ,chapter #fja of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #fjadc4 ,pipeline safety technology testing programs 7a7 ,in general ,the ,secretary may establish and carry out limited safety-enhancing testing programs to evaluate innovative technologies and operational practices testing the safe operation of-- 7#a7 a natural gas pipeline facility2 or 7#b7 a hazardous liquid pipeline facility4 7b7 ,limitations 7#a7 ,high population areas ,any program established under subsection 7a7 shall not be located in a high population area 7as defined in section #aie4dej of title #di1 ,code of ,federal ,regulations74 7c7 ,duration ,the term of a testing program established under subsection 7a7 shall be not more than a period of #d years beginning on the date of approval of the program4 7d7 ,safety standards 7#a7 ,in general ,the ,secretary shall require1 as a condition of approval of a testing program under subsection 7a71 that the safety measures in the testing program are designed to achieve a level of safety that is greater than1 or equivalent to1 the level of safety required by this chapter4 7#b7 ,determination 7,a7 ,in general ,the ,secretary may issue an order under subparagraph 7,a7 of section #fjaah7;c77#a7 to accomplish the purpose of a testing program for a term not to exceed the time period described in subsection 7c7 if the condition described in paragraph 7#a7 is met1 as determined by the ,secretary4 7,b7 ,limitation ,an order under subparagraph 7,a7 of such section shall pertain only to those regulations that would otherwise prevent the use of the safety technology to be tested under the testing program4 7e7 ,considerations ,in establishing a testing program under subsection 7a71 the ,secretary shall consider-- 7#a7 whether the owners or operators participating in the program have a safety management system in place2 7#b7 whether the proposed safety technology has been tested through a research and development program carried out by-- 7,a7 the ,secretary2 7,b7 collaborative research development organizations2 or 7,c7 other institutions2 and 7#c7 whether the pipeline segments tested by the program are outside of a high population area 7as defined in section #aie4dej of title #di1 ,code of ,federal ,regulations74 7f7 ,data and findings ,as a participant in a testing program established under subsection 7a71 an operator shall submit to the ,secretary detailed findings and a summary of data collected as a result of participation in the testing program4 7g7 ,authority ,to revoke participation ,the ,secretary shall immediately revoke participation in a testing program under subsection 7a7 if-- 7#a7 the participant fails to comply with the terms and conditions of the testing program2 or 7#b7 in the determination of the ,secretary1 continued participation in the testing program by the participant would be unsafe or would not be consistent with the goals and objectives of this chapter4 7h7 ,authority ,to terminate program ,the ,secretary shall immediately terminate a testing program under subsection 7a7 if continuation of the testing program would not be consistent with the goals and objectives of this chapter4 7i7 ,state rights 7#a7 ,exemption ,except as provided in paragraph 7#b71 if a ,state submits to the ,secretary notice that the ,state requests an exemption from any testing program considered for establishment under this section1 the ,state shall be exempt4 7#b7 ,limitations 7,a7 ,in general ,the ,secretary shall not grant a requested exemption under paragraph 7#a7 after a testing program is established4 7,b7 ,late notice ,the ,secretary shall not grant a requested exemption under paragraph 7#a7 if the notice submitted under that paragraph is submitted to the ,secretary more than #aj days after the date on which the ,secretary issues an order providing an effective date for the testing program4 7#c7 ,effect ,if a ,state has not submitted a notice requesting an exemption under paragraph 7#a71 the ,state shall not enforce any law 7including regulations7 that is inconsistent with a testing program in effect in the ,state under this section4 7j7 ,program review process and public notice 7#a7 ,in general ,the ,secretary shall publish in the ,federal ,register a notice of each testing program under subsection 7a71 including the order to be considered1 and provide an opportunity for public comment for not less than #fj days4 7#b7 ,response from ,secretary ,not later than the date on which the ,secretary issues an order providing an effective date of a testing program noticed under paragraph 7#a71 the ,secretary shall respond to each comment submitted under that paragraph4 7k7 ,report ,at the conclusion of each testing program1 the ,secretary shall make publicly available on the website of the ,department of ,transportation a report containing-- 7#a7 the findings and conclusions of the ,secretary with respect to the testing program2 and 7#b7 any recommendations of the ,secretary with respect to the testing program1 including any recommendations for amendments to laws 7including regulations7 and the establishment of standards1 that-- 7,a7 would enhance the safe operation of interstate gas or hazardous liquid pipeline facilities2 and 7,b7 are technically1 operationally1 and economically feasible4 7l7 ,standards ,if a report under subsection 7k7 indicates that it is practicable to establish technically1 operationally1 and economically feasible standards for the use of a safety-enhancing technology and any corresponding operational practices tested by the testing program described in the report1 the ,secretary1 as soon as practicable after submission of the report1 may promulgate regulations consistent with chapter #e of title #e 7commonly known as the ,administrative ,procedures ,act7 that-- 7#a7 allow operators of interstate gas or hazardous liquid pipeline facilities to use the relevant technology or practice to the extent practicable2 and 7#b7 establish technically1 operationally1 and economically feasible standards for the capability and deployment of the technology or practice4 4 7b7 ,clerical amendment ,the table of sections for chapter #fja of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #fjadc4 ,pipeline safety technology testing programs4 4 #ab4 ,pipeline safety voluntary information-sharing system 7a7 ,in general ,chapter #fja of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #fjadd4 ,voluntary information-sharing system 7a7 ,establishment 7#a7 ,in general ,subject to the availability of funds1 the ,secretary may establish a confidential and nonpunitive voluntary information-sharing system 7referred to in this section as the ,system7 to encourage collaborative efforts to improve inspection information feedback and information sharing1 with the purpose of improving natural gas transmission and hazardous liquid pipeline safety4 7#b7 ,components ,the ,system-- 7,a7 shall include pipeline integrity risk analysis information2 and 7,b7 may include other information relating to reducing pipeline incidents1 such as-- 7i7 lessons learned from accidents and near misses2 7ii7 process improvements2 7iii7 technology deployments2 and 7iv7 other voluntary information-sharing systems4 7#c7 ,requirement ,the ,system shall protect proprietary information while encouraging the exchange of data1 including in-line inspection and dig verification data1 among operators1 tool vendors1 and the representatives of the ,secretary to facilitate the development of-- 7,a7 advanced pipeline-inspection technologies2 and 7,b7 enhanced risk analysis4 7#d7 ,consultation ,if appropriate1 the ,secretary may involve other public and private stakeholders in establishing and maintaining the ,system4 7b7 ,data manager ,in carrying out this section1 the ,secretary may engage a partner agency or nongovernmental entity to receive1 store1 manage1 and provide for the use of-- 7#a7 system data2 and 7#b7 information submitted to the ,system4 7c7 ,limitation on disclosure 7#a7 ,applicability of ,,foia ,any part of any record 7including1 but not limited to an analysis by a pipeline operator of the safety risks of the pipeline operator and a statement of the mitigation measures identified by the pipeline operator to address those risks7 provided to the ,secretary and retained in the ,system is exempt from the requirements of section #eeb of title #e1 and specifically exempt from release under subsection 7b77#c7 of that section1 if the record is-- 7,a7 supplied to the ,secretary for purposes of the ,system2 or 7,b7 made available for inspection and copying by an officer1 employee1 or agent of the ,secretary for purposes of the ,system4 7#b7 ,exception ,notwithstanding paragraph 7#a71 the ,secretary in consultation with the information owner1 may disclose deidentified material or any part of any record comprised of facts otherwise available to the public if1 in the sole discretion of the ,secretary1 the ,secretary determines that disclosure would be consistent with the confidentiality needed for the ,system and improve pipeline safety4 7d7 ,excluded evidence ,except as provided in subsection 7f71 any data or information submitted to or stored1 managed1 analyzed1 or produced by the ,system shall not be used-- 7#a7 as evidence for any purpose in any ,federal1 ,state1 local1 ,tribal1 or private litigation1 including any action or proceeding2 or 7#b7 to support any corrective action relating to a probable violation under this chapter 7including any regulation promulgated or order issued under this chapter74 7e7 ,exclusion from discovery ,except as provided in subsection 7f71 any data or information submitted to or stored1 managed1 analyzed1 or produced by the ,system shall not be subject to discovery in any ,federal1 ,state1 local1 ,tribal1 or private litigation or other proceeding4 7f7 ,limitations on exclusion ,the exclusions described in subsections 7d7 and 7e7 shall not apply to-- 7#a7 evidence of a knowing and willful violation2 7#b7 a reportable release under sections #aia4g or #aie4ej of title #di1 ,code of ,federal ,regulations 7or a successor regulation72 7#c7 a safety-related condition under sections #aia4g or #aie4ee of title #di1 ,code of ,federal ,regulations 7or a successor regulation72 or 7#d7 data or information obtained by the ,secretary independently of the ,system4 7g7 ,governing board ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a governing board co-chaired by the ,administrator and a representative of the pipeline industry to-- 7#a7 govern the ,system through consensus of the board and co-chairs2 7#b7 develop governance documents and oversee their enforcement2 and 7#c7 establish and appoint members of issue analysis teams2 7h7 ,confidentiality ,no person1 including any ,system governing board member1 program manager1 third-party data manager1 issue analysis team member1 nor any ,federal1 ,state1 local or tribal agency1 having or obtaining access to any data or information submitted to1 stored1 managed1 analyzed or produced by the ,system1 shall release or communicate that information to any person outside the ,system1 with the sole exception being the publication of reports by the ,system based on analysis of de-identified information and safety related findings that the ,system governing board in its sole discretion determines to publish or authorize the ,administration to publish4 7i7 ,voluntary participation ,no person may be compelled to participate in or submit data or information to the ,system4 7j7 ,sustainable funding ,the ,secretary shall explore sustainable funding sources for the ,system1 including public-private partnerships4 7k7 ,effect ,nothing in this section affects any ,federal or ,state pipeline safety law4 7l7 ,limitation on funding ,the ,secretary may expend not more than #a1jjj1jjj for each of the fiscal years #bjbj through #bjbd to establish the ,system4 7m7 ,savings clause ,notwithstanding the protections provided under this section1 no pipeline operator may use the submission of information to the ,system as protection against enforcement actions or corrective orders that are based on information or evidence obtained outside of the ,system4 4 7b7 ,clerical amendment ,the table of sections for chapter #fja of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #fjadd4,voluntary information-sharing system4 4 #ac4 ,user fees ,section #fjcja7;d77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7 by striking and at the end2 and 7#b7 by adding at the end the following3 7,c7 related to a liquefied natural gas pipeline facility may be used only for an activity related to liquefied natural gas pipeline facility under this chapter2 and 4 #ad4 ,user fees for underground natural gas storage facilities ,section #fjcjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,a7 by striking and at the end2 7,b7 in subparagraph 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 may only be used to the extent provided in advance in an appropriations ,act4 2 7#b7 by striking paragraph 7#c7 of subsection 7c72 and 7#c7 by adding at the end the following3 7d7 ,limitations ,fees imposed under subsection 7a7 shall be sufficient to pay for the costs of activities described in subsection 7c71 except that the total amount collected for a fiscal year may not be more than #aje percent of the total amount of the appropriations made for the fiscal year activities to be financed by fees4 4 #ae4 ,liquefied natural gas facility safety 7a7 ,liquefied natural gas facility standards update 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 review the minimum operating and maintenance standards for liquefied natural gas facilities1 including small scale liquefied natural gas facilities1 peak shaving facilities1 and large-scale liquefied natural gas facilities1 prescribed under section #fjajc7;d7 of title #di1 ,united ,states ,code2 and 7,b7 based on the review under subparagraph 7,a71 update the safety standards described in that paragraph applicable to liquefied natural gas facilities to provide for a risk-based regulatory approach4 7#b7 ,considerations ,in updating the minimum standards under paragraph 7#a77;,b71 the ,secretary shall consider the report prepared under subsection 7d77#e74 7#c7 ,requirements ,the updates to the standards required under this section shall1 at a minimum1 require operators1 consistent with recognized and generally accepted good engineering practices-- 7,a7 to develop and maintain written safety information identifying hazards associated with-- 7i7 the processes of liquefied natural gas conversion1 storage1 and transport2 7ii7 equipment used in the processes2 and 7iii7 technology used in the processes2 7,b7 to conduct a hazard assessment1 including the identification of potential sources of accidental releases1 along with reassessments periodically2 7,c7 to establish a system to respond to the findings of a hazard assessment conducted under subparagraph 7,b7 that addresses prevention1 mitigation1 and emergency response2 and 7,d7 to train employees in operating procedures with an emphasis on addressing hazards1 using safe practices1 and carrying out emergency response activities4 7b7 ,liquefied natural gas staffing and expertise 7#a7 ,liquefied natural gas expertise ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish a division within the ,office of ,pipeline ,safety to ensure the safety and oversight of liquefied natural gas facilities under section #fjajc and #fjaaa of title #di1 ,united ,states ,code1 including small-scale liquefied natural gas facilities1 peak shaving facilities1 and import or export facilities4 7#b7 ,functions ,the ,liquefied ,natural ,gas division shall be responsible for-- 7,a7 developing regulations and guidance materials for liquefied natural gas facilities2 7,b7 conducting compliance reviews and inspections of liquefied natural gas facilities under section #fjajc of title #di1 ,united ,states ,code2 7,c7 participate in liquefied natural gas facility incident investigations2 7,d7 participate in enforcing applicable ,federal statutes and regulations for the safety of liquefied natural gas facilities2 7,e7 conduct education1 training1 and outreach regarding liquefied natural gas facility safety2 7,f7 manage the agency's research and development activities for liquefied natural gas facilities2 and 7,g7 perform other functions consistent with section #fjajc and #fjaaa of such title4 7#c7 ,staffing ,the ,secretary shall employ personnel necessary for carrying out the functions of the ,liquefied ,natural ,gas division set forth in paragraph 7#b7 including-- 7,a7 a deputy associate administrator2 and 7,b7 adequate staffing and support staff positions1 including subject matter experts in liquefied natural gas facilities who shall be dedicated to rulemaking activities1 subject matter experts in liquefied natural gas facilities who shall perform inspection and enforcement activities1 and other necessary personnel to support these activities4 7#d7 ,,lng subject matter experts ,to satisfy the requirements of paragraph 7#c71 the ,secretary may appoint personnel who have such expertise or may train personnel to develop such expertise through use of the ,center of ,excellence for ,liquefied ,natural ,gas ,safety and ,training4 7#e7 ,report ,not later than #ij days after the date of enactment of this ,act1 and every #ij days thereafter until the division is sufficiently staffed with ,,lng subject matter experts1 the ,secretary shall report to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on the progress to staff the division and any impediments to staffing4 7c7 ,center of excellence for liquefied natural gas safety and training 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall establish a ,center of ,excellence for ,liquefied ,natural ,gas ,safety and ,training 7in this subsection referred to as the ,center74 7#b7 ,functions ,the ,center shall-- 7,a7 promote1 facilitate1 and conduct-- 7i7 education2 7ii7 training2 and 7iii7 research and technological development2 7,b7 be a repository of information on best practices relating to1 and expertise on1 liquefied natural gas facility operations2 7,c7 foster collaboration among regulators1 industry1 and other stakeholders2 7,d7 promote process safety advancements for liquefied natural gas export facilities and the incorporation of risk-based principles into the operation1 management1 and regulatory oversight of ,,lng facilities2 and 7,e7 other functions deemed appropriate by the ,secretary4 7#c7 ,bridge period ,until the ,center is operational and able to meet the mission in paragraph 7#b71 the ,secretary may enter into an agreement with an institution of higher education or the ,,lng industry to provide education and training on the safe operations of liquefied natural gas facilities1 provided that such period does not exceed #c years4 7#d7 ,consultation ,when establishing the ,center1 the agency may consult with-- 7,a7 ,federal regulatory agencies of jurisdiction1 including-- 7i7 the ,pipeline and ,hazardous ,materials ,safety ,administration2 7ii7 the ,federal ,energy ,regulatory ,commission2 7iii7 the ,department of ,energy2 7iv7 the ,u4,s4 ,coast ,guard2 and 7v7 the ,maritime ,administration2 7,b7 ,states and units of local government2 7,c7 liquefied natural gas facility operators2 and 7,d7 other interested parties4 7d7 ,liquefied natural gas ,federal ,advisory ,committee 7#a7 ,establishment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish1 in accordance with the requirements of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 a ,liquefied ,natural ,gas ,federal ,advisory ,committee 7in this subsection referred to as the ,committee74 7#b7 ,duties ,the ,committee shall-- 7,a7 facilitate communication between liquefied natural gas facility operators1 public safety experts1 and ,federal agencies on practices to ensure the safe operation and maintenance of liquefied natural gas facilities2 7,b7 provide the ,secretary with timely information about new liquefied natural gas facility technology and safety practices and methodologies2 7,c7 provide a forum for the ,secretary to provide information on and to discuss the activities of the ,department of ,transportation relating to liquefied natural gas facility safety1 and the policies underlying such activities2 7,d7 advise the ,secretary on how to promote1 facilitate1 and conduct education1 training1 and research on the industry best practices1 industry consensus standards1 and expertise in liquefied natural gas operations2 7,e7 advise the ,secretary on how to recruit and retain qualified personnel2 7,f7 advise the ,secretary regarding the regulations prescribed under section #fjajc of title #di1 ,united ,states ,code1 and when updates to such regulations are recommended2 and 7,g7 advise the ,secretary on other matters affecting ,,lng safety1 as the ,secretary considers appropriate4 7#c7 ,meetings ,the ,committee shall hold regular meetings1 not less than biannually1 to discuss issues related to liquefied natural gas pipeline facility safety4 7#d7 ,membership ,the ,committee shall be composed of the following members3 7,a7 ,four individuals appointed by the ,secretary to represent the public1 such as public safety experts with knowledge of liquefied natural gas pipeline facility safety1 academics1 or other qualified individuals4 7,b7 ,four individuals appointed by the ,secretary to represent ,states and units of local governments4 7,c7 ,four individuals appointed by the ,secretary to represent the liquefied natural gas industry1 two of whom shall represent large-scale liquefied natural gas facilities1 one from a small-scale facility1 and one with peak shaving operations4 7,d7 ,not less than one representative of the following ,federal regulatory agencies of jurisdiction3 7i7 ,the ,pipeline and ,hazardous ,materials ,safety ,administration4 7ii7 ,the ,maritime ,administration4 7iii7 ,the ,federal ,energy ,regulatory ,commission4 7iv7 ,the ,coast ,guard4 7#e7 ,report to the ,secretary ,not later than #b years after the date of enactment of this ,act1 the ,committee shall-- 7,a7 review regulations issued pursuant to section #fjajc7;d7 of title #di1 ,united ,states ,code for conformity with industry standards that apply risk-based principles for process safety practices2 and 7,b7 provide a report and recommendation to the ,secretary on how to best align regulations with industry standards that apply risk-based principles for process safety practices4 7#f7 ,report to ,congress ,not later than #ij days after the date of enactment of this ,act1 and not less frequently than every #cj days thereafter until the date on which all members of the ,committee have been appointed1 the ,secretary shall submit a report to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate to update ,congress on the status of the ,committee1 the progress of appointing members to the ,committee1 and the identities of individuals appointed to the ,committee4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,department of ,transportation such sums as may be necessary to carry out this section4 #af4 ,unusually sensitive areas 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall complete the revision required under section #ai7;b7 of the ,,pipes ,act of #bjaf 7#di ,u4,s4,c4 #fjaji note74 7b7 ,further requirement ,in completing the revision described in subsection 7a71 the ,secretary of ,transportation shall use the following definitions3 7#a7 ,marine coastal water ,the term marine coastal water means the territorial sea of the ,united ,states1 the ,great ,lakes and their connecting waters1 the marine and estuarine waters of the ,united ,states up to the head of tidal influence1 and the ,exclusive ,economic ,zone as established by ,presidential ,proclamation ,number #ejcj1 dated ,march #aj1 #aihc4 7#b7 ,coastal beach ,the term coastal beach means land between high and low water marks in a marine coastal water4 #ag4 ,workforce 7a7 ,staffing 7#a7 ,in general ,not later than #a year after the date of enactment1 the ,secretary shall increase the number of full-time equivalent employees 7as compared to the number of positions on the date of enactment of this ,act7 by-- 7,a7 at least #h full-time employees with subject matter expertise in pipeline safety1 pipeline facilities1 and pipeline systems to finalize outstanding pipeline safety rulemakings and fulfill mandates for the ,office of ,pipeline ,safety of the ,pipeline and ,hazardous ,materials ,safety ,administration2 and 7,b7 at least #c full-time attorneys with pipeline industry of safety expertise in the ,office of ,chief ,counsel of the ,pipeline ,hazardous ,materials ,safety ,administration4 7#b7 ,pipeline inspection and enforcement personnel ,the ,secretary shall ensure that the number of positions for pipeline inspection and enforcement personnel in the ,office of ,pipeline ,safety of the ,pipeline and ,hazardous ,materials ,safety ,administration does not fall below the following3 7,a7 #bbb for fiscal year #bjbj4 7,b7 #bcc for fiscal year #bjba4 7,c7 #bde for fiscal year #bjbb4 7,d7 #beh for fiscal year #bjbc4 7,e7 #bgb for fiscal year #bjbd4 7b7 ,recruitment and retention authorities ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall request authority from the ,office of ,personnel ,management to use incentives1 as necessary1 to recruit and retain a qualified workforce1 including-- 7#a7 for inspection and enforcement personnel and subject matter experts dedicated to rulemaking activities in the ,office of ,pipeline ,safety1 including the ,liquefied ,natural ,gas division of the ,pipeline ,hazardous ,materials ,safety ,administration1 as established under section #af7;b7-- 7,a7 special pay rates permitted under section #ecje of title #e1 ,united ,states ,code2 and 7,b7 repayment of student loans accompanied by a continued service agreement1 permitted under section #ecgi of title #e1 ,united ,states ,code2 and 7#b7 for the ,deputy ,associate ,administrator of the ,liquefied ,natural ,gas division in the ,office of ,pipeline ,safety1 as established under section #af7;b71 critical position pay permitted under section #ecgg of title #e1 ,united ,states ,code4 7c7 ,report to ,congress 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall transmit to the ,committees 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 ,senate1 a report that contains-- 7,a7 the number of full-time personnel the agency has hired to meet the requirements of subsection 7a71 as well as the total number of personnel employed by the ,administrator2 7,b7 a description of the agency's efforts to comply with subsection 7b72 7,c7 a description of the personnel of the ,liquefied ,natural ,gas division in the ,office of ,pipeline ,safety1 any impediments to hiring1 and any personnel constraints affecting the ability of the agency to fulfill the authorities of such division2 and 7,d7 any other details associated with the agency's progress toward fulfilling the staffing levels and pursuing the financial incentives as directed by this section4 7#b7 ,updates to report ,not later than #ij days after the date on which the report is transmitted under paragraph 7#a7 and not later than every #ij days thereafter until all statutory mandates under this section are met1 the ,administrator shall transmit an updated report that describes the actions taken since the previous report4 #ah4 ,nationwide integrated pipeline safety regulatory database 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,appropriations of the ,senate a report describing the resources necessary for the ,pipeline and ,hazardous ,materials ,safety ,administration to establish the national integrated pipeline safety regulatory inspection database described in the report required under section #aa7;a7 of the ,,pipes ,act of #bjaf 7#di ,u4,s4,c4 #fjajh note74 7b7 ,contents ,the report required to be submitted under subsection 7a7 shall include-- 7#a7 a description of the steps necessary for the ,pipeline and ,hazardous ,materials ,safety ,administration and ,state pipeline regulators to establish such database2 and 7#b7 a timeline for the completion of such database4 #ai4 ,regulatory updates 7a7 ,office of ,management and ,budget review of regulations ,not later than #e days after the date on which an outstanding regulation has been under review by the ,office of ,management and ,budget for more than #ij days1 and every #ae days thereafter until the regulation is published in the ,federal ,register1 the ,secretary of ,transportation shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate that the outstanding regulation remains under review by the ,office of ,management and ,budget4 7b7 ,definition ,in this section1 the term outstanding regulation means a regulation regarding pipeline facilities required under this ,act or an ,act enacted prior to the date of enactment of this ,act for which a final rule has not been published in the ,federal ,register4 #bj4 ,construction project approvals 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to require that before a distribution pipeline construction project begins1 the plans for such project shall be approved by a professional engineer1 a subject matter expert1 or other qualified professional who possesses the necessary knowledge1 experience1 and skills regarding natural gas distribution systems1 as determined by the ,secretary4 7b7 ,access to records ,in issuing the regulations under subsection 7a71 the ,secretary shall ensure that the any individuals approving projects under subsection 7a7 are provided access to all relevant records and prior work plans needed to approve the safety of the construction project4 7c7 ,application ,section #fjaah7;c77#a7 of title #di1 ,united ,states ,code1 shall not apply to a regulation issued under subsection 7a74 #ba4 ,report on emissions 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall enter into an agreement with the ,national ,academy of ,sciences to conduct a study on technologies and measures that reduce the amount of natural gas released during venting and blowdowns of natural gas distribution systems and transmission pipelines4 7b7 ,consultation ,in carrying out the study1 the ,national ,academy of ,sciences may consult entities with expertise in the causes and effects of natural gas releases and the use of technologies or measures that prevent or mitigate releases of natural gas during venting and blowdowns of natural gas distribution systems and transmission pipelines4 7c7 ,report 7#a7 ,in general ,not later than #ah months after the date on which the ,national ,academy of ,sciences initiates the study1 the ,national ,academy of ,sciences shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the technologies and measures described in subsection 7a74 7#b7 ,contents ,the report required under paragraph 7#a7 shall include-- 7,a7 an analysis of the amount of natural gas released during venting and blowdowns of natural gas distribution systems and transmission pipelines2 7,b7 an analysis of the environmental and health impacts of releases of natural gas during such venting and blowdowns2 and 7,c7 an evaluation of pipeline technologies or measures capable of safely and effectively reducing the amount of natural gas released1 including-- 7i7 an analysis of the environmental and health benefits resulting from lower natural gas releases as a result of using such technologies or measures2 7ii7 an analysis of the economic value of the natural gas that is prevented from being released as a result of the technologies or measures2 7iii7 an analysis of the cost of using such technologies or measures1 including the cost to operators and any impacts on pipeline safety and reliability2 7iv7 an analysis of factors that affect the feasibility and effectiveness of using such technologies and measures2 and 7v7 a determination of whether the benefits described in clauses 7i7 and 7ii7 outweigh the costs described in clause 7iii74 #bb4 ,changes in class location ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue final regulations that permit the use of integrity management program requirements1 or elements thereof1 to manage the safety of gas transmission pipeline segments that experience a change in class location4 ,such regulations shall be an alternative to the requirements of section #aib4faa of title #di1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act4