,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hjhe ,,in ,,the ,,house ,,of ,,representatives ,august #ba1 #bjbj,mr4 ,veasey 7for himself1 ,mrs4 ,fletcher1 ,mr4 ,latta1 and ,mr4 ,balderson7 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 direct the ,secretary of ,transportation to carry out a pipeline safety enhancement program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pipeline ,safety ,pilot ,program ,act4 #b4 ,advancement of new pipeline safety technologies and approaches 7a7 ,in general ,chapter #fja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fjadb4 ,pipeline safety enhancement programs 7a7 ,in general ,the ,secretary shall establish and carry out limited safety-enhancing testing programs during the period of fiscal years #bjbj through #bjbf 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 ,in general ,such testing programs may not exceed-- 7,a7 #e percent of the total miles of hazardous liquid pipelines in the ,united ,states2 and 7,b7 #e percent of the total miles of natural gas pipelines in the ,united ,states4 7#b7 ,individual operator mileage limitation ,the ,secretary shall limit the mileage an individual operator can test under each program established under subsection 7a7 to the lesser of-- 7,a7 #ej percent of the total pipeline mileage in the operator's system2 or 7,b7 #a1jjj miles4 7#c7 ,high population areas2 high consequence 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 ,regulations7 or a high consequence area 7as defined in section #aib4ijc of title #di1 ,code of ,federal ,regulations74 7#d7 ,unusually sensitive areas ,any program established under subsection 7a7 shall not be located in an unusually sensitive area 7as described in section #fjaji7;b774 7#e7 ,high consequence areas for hazardous liquid pipelines 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall submit to ,congress a report containing an examination of the benefits and costs of prohibiting testing in high consequence areas 7as defined in section #aie4dej of title #di1 ,code of ,federal ,regulations7 for hazardous liquid pipelines4 7,b7 ,contents of report ,the report described in subparagraph 7,a7 shall examine the safety benefits of allowing testing for hazardous liquid pipelines in high consequence areas and whether additional testing conditions are required to protect such areas while conducting the program established under subsection 7a7 in such areas4 7#f7 ,restriction 7,a7 ,in general ,the ,secretary shall not approve a program under this section until the report required under paragraph 7#e7 is submitted to ,congress4 7,b7 ,exception ,the limitation in subparagraph 7,a7 shall not apply if-- 7i7 the ,secretary determines that there is a need for a program under this section2 and 7ii7 more than #a year has passed since the date of enactment of this section4 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 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 the accident or incident record of the owners or operators participating in the program2 7#b7 whether the owners or operators participating in the program have a safety management system in place and how the application for such program proposes to eliminate or mitigate any potential safety risks2 7#c7 a description of any measures or activities the owners or operators participating in the program propose to eliminate or mitigate any environmental risks2 7#d7 a description of any previous testing and the outcome of such testing of the proposed safety technology through a research and development program carried out by-- 7,a7 the ,secretary2 7,b7 collaborative research development organizations2 or 7,c7 other institutions2 7#e7 whether there have been other testing programs granted under subsection 7a7 similar to the proposed safety technology and the outcome of such programs2 and 7#f7 whether the pipeline segments tested by the program could affect1 or are outside of1 high consequence areas 7as defined in sections #aib4ijc and #aie4dej of title #di1 ,code of ,federal ,regulations7 and unusually sensitive areas 7as described in section #fjaji7;b774 7f7 ,multiple operators 7#a7 ,in general ,the ,secretary may select up to #e owners or operators to carry out a testing program under subsection 7a7 in a single application4 7#b7 ,determination ,in selecting owners or operators under paragraph 7#a71 the ,secretary shall determine that each testing program proposed by such owners or operators-- 7,a7 meet the requirements of subsection 7d77#a72 7,b7 test a similar technology1 best practice1 or related set of technologies and best practices2 and 7,c7 provides appropriate testing conditions for the technologies or practices being used4 7#c7 ,authority to revoke participation 7,a7 ,in general ,if an owner or operator participating in a program established under subsection 7a71 the ,secretary may revoke permission to participate in such program if-- 7i7 the owner or operator is involved in an accident or incident and the testing program is determined to be the cause or a contributing factor of such accident or incident2 or 7ii7 the ,secretary determines revocation of permission is warranted for public safety reasons4 7g7 ,data and findings 7#a7 ,in general ,as a participant in a testing program established under subsection 7a71 an owner or operator shall submit to the ,secretary detailed findings and a summary of data collected as a result of participation in the testing program4 7#b7 ,public report ,to the extent practicable1 the ,secretary shall make a yearly interim report publicly available on the website of the ,department of ,transportation for any ongoing testing program established under subsection 7a7 summarizing the progress of such program4 7h7 ,authority ,to revoke participation ,the ,secretary shall immediately revoke participation in a testing program under subsection 7a7 if-- 7#a7 the participant has an accident or incident involving a death1 or personal injury necessitating in-patient hospitalization and the testing program is determined to be the cause or a contributing factor to such accident or incident2 7#b7 the participant fails to comply with the terms and conditions of the testing program2 or 7#c7 in the determination of the ,secretary1 continued participation in the testing program by the participant would be unsafe4 7i7 ,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 7j7 ,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 ,exception ,a ,state shall be eligible to withdraw from a testing program if an owner or operator conducting such testing program in such ,state has an incident involving a death1 a personal injury necessitating in-patient hospitalization1 or a reportable accident 7within the meaning of sections #aie4ej and #aia4c of title #di1 ,code of ,federal ,regulations71 and the testing program is determined to be the cause or a contributing factor to such incident4 7#d7 ,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 7k7 ,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 ,communication with ,states 7,a7 ,in general ,as part of carrying out the process described in paragraph 7#a71 the ,secretary shall individually notify1 at the time described in paragraph 7#a71 the relevant authorities in the ,states such testing programs would be conducted in4 7,b7 ,notification contents ,the notification described in subparagraph 7,a7 shall include a specific list of the laws or regulations that the ,state would not be allowed to enforce pursuant to subsection 7j77#d7 should such testing program go into effect1 and the ability of the ,state to request an exemption from the program4 7#c7 ,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 7l7 ,report to ,congress ,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 7m7 ,standards ,if a report under subsection 7l7 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 amended by inserting after the item relating to section #fjada the following3 #fjadb4 ,pipeline safety enhancement programs4 4