,,ii #aafth ,,congress #ast ,session ,s4 #bbii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #be1 #bjai ,mrs4 ,fischer 7for herself and ,ms4 ,duckworth7 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 enhance the safety and reliability of pipeline transportation1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,pipes ,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 ,definitions4 ,,title ,i--,improving pipeline safety and infrastructure ,sec4 #aja4 ,authorization of appropriations4 ,sec4 #ajb4 ,pipeline workforce development4 ,sec4 #ajc4 ,underground natural gas storage user fees4 ,sec4 #ajd4 ,cost recovery and fees for facility reviews4 ,sec4 #aje4 ,advancement of new pipeline safety technologies and approaches4 ,sec4 #ajf4 ,pipeline safety testing enhancement study4 ,sec4 #ajg4 ,regulatory updates4 ,sec4 #ajh4 ,self-disclosure of violations4 ,sec4 #aji4 ,due process protections in enforcement proceedings4 ,sec4 #aaj4 ,pipeline operating status4 ,sec4 #aaa4 ,liquefied natural gas facility project reviews4 ,sec4 #aab4 ,updates to standards for liquefied natural gas facilities4 ,sec4 #aac4 ,national ,center of ,excellence for ,liquefied ,natural ,gas ,safety and ,training4 ,,title ,,ii--,leonel ,rondon ,pipeline ,safety ,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,distribution integrity management plans4 ,sec4 #bjc4 ,emergency response plans4 ,sec4 #bjd4 ,operations and maintenance manuals4 ,sec4 #bje4 ,pipeline safety management systems4 ,sec4 #bjf4 ,pipeline safety practices4 #b4 ,definitions ,in this ,act3 7#a7 ,administration ,the term ,administration means the ,pipeline and ,hazardous ,materials ,safety ,administration4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,administration4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 ,i ,improving pipeline safety and infrastructure #aja4 ,authorization of appropriations 7a7 ,gas and hazardous liquid ,section #fjabe of title #di1 ,united ,states ,code1 is amended by striking subsection 7a7 and inserting the following3 7a7 ,gas and hazardous liquid 7#a7 ,in general ,from fees collected under section #fjcja1 there are authorized to be appropriated to the ,secretary to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee7 and the provisions of this chapter relating to gas and hazardous liquid-- 7,a7 #adg1jjj1jjj for fiscal year #bjbj1 of which-- 7i7 #i1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #fj1jjj1jjj shall be used for making grants2 7,b7 #aea1jjj1jjj for fiscal year #bjba1 of which-- 7i7 #i1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #fc1jjj1jjj shall be used for making grants2 7,c7 #aee1jjj1jjj for fiscal year #bjbb1 of which-- 7i7 #i1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #ff1jjj1jjj shall be used for making grants2 and 7,d7 #aei1jjj1jjj for fiscal year #bjbc1 of which-- 7i7 #i1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #fi1jjj1jjj shall be used 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 established by section #ieji7;a7 of the ,internal ,revenue ,code of #aihf to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee7 and the provisions of this chapter relating to hazardous liquid-- 7,a7 #be1jjj1jjj for fiscal year #bjbj1 of which-- 7i7 #c1jjj1jjj shall be used to carry out section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 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 the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 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 the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 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 the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 and 7ii7 #ac1jjj1jjj shall be used for making grants4 7#c7 ,underground natural gas storage facility safety account ,from fees collected under section #fjcjb1 there is authorized to be appropriated to the ,secretary to carry out section #fjada #h1jjj1jjj 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 #bd1jjj1jjj for fiscal year #bjbj4 7#b7 #be1jjj1jjj for fiscal year #bjba4 7#c7 #bf1jjj1jjj for fiscal year #bjbb4 7#d7 #bg1jjj1jjj for fiscal year #bjbc4 4 7c7 ,one-,call notification programs ,section #fajg of title #di1 ,united ,states ,code1 is amended by striking #a1jeh1jjj for each of fiscal years #bjaf through #bjai and inserting #a1jeh1jjj for each of fiscal years #bjbj through #bjbc4 7d7 ,pipeline safety information grants to communities ,section #fjacj of title #di1 ,united ,states ,code1 is amended by striking subsection 7c7 and inserting the following3 7c7 ,funding 7#a7 ,in general ,out of 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 shall not be derived from user fees collected under section #fjcja4 4 7e7 ,damage prevention programs ,section #fjacd7;i7 of title #di1 ,united ,states ,code1 is amended in the first sentence by striking fiscal years #bjab through #bjae and inserting fiscal years #bjbj through #bjbc4 7f7 ,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 #ajb4 ,pipeline workforce development 7a7 ,inspector training ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 review the inspector training programs provided at the ,inspector ,training and ,qualifications ,division of the ,administration in ,oklahoma ,city1 ,oklahoma2 and 7#b7 determine whether any of the programs referred to in paragraph 7#a71 or any portions of the programs1 could be provided online through teletraining or another type of distance learning4 7b7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure1 ,energy and ,commerce1 and ,science1 ,space1 and ,technology of the ,house of ,representatives and make publicly available on a website of the ,department of ,transportation a report containing a comprehensive workforce plan for the ,administration4 7#b7 ,contents ,the report under paragraph 7#a7 shall include-- 7,a7 a description of the current staffing at the ,administration2 7,b7 an identification of the staff needed to achieve the mission of the ,administration over the next #aj years following the date of the report2 7,c7 an evaluation of whether the inspector training programs referred to in subsection 7a77#a7 provide appropriate exposure to pipeline operations and current pipeline safety technology2 7,d7 a summary of any gaps between the current workforce of the ,administration and the future human capital needs of the ,administration2 and 7,e7 a description of how the ,administration-- 7i7 uses the retention incentives defined by the ,office of ,personnel ,management2 and 7ii7 plans to use those retention incentives as part of the comprehensive workforce plan of the ,administration4 #ajc4 ,underground natural gas storage user fees ,section #fjcjb7;c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b7-- 7i7 by striking the amount of the fee2 and 7ii7 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#c72 and 7#c7 by adding at the end the following3 7d7 ,limitation ,the amount of a fee imposed under subsection 7a7 shall be sufficient to pay the costs of activities referred to in subsection 7c71 subject to the limitation that the total amount of fees collected for a fiscal year under subsection 7b7 may not be more than #aje percent of the total amount of the appropriations made for the fiscal year for activities to be financed by the fees4 4 #ajd4 ,cost recovery and fees for facility reviews 7a7 ,fees for compliance reviews of liquefied natural gas facilities ,chapter #fjc of title #di1 ,united ,states ,code1 is amended by inserting after section #fjcjb the following3 #fjcjc4 ,fees for compliance reviews of liquefied natural gas facilities 7a7 ,imposition of fee 7#a7 ,in general ,the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall impose on a person who files with the ,federal ,energy ,regulatory ,commission an application for a liquefied natural gas facility that has design and construction costs totaling not less than #b1ejj1jjj1jjj a fee for the necessary expenses of a review1 if any1 that the ,secretary conducts1 in connection with that application1 to determine compliance with subpart ,b of part #aic of title #di1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,relation to other review ,the ,secretary may not impose fees under paragraph 7#a7 and section #fjaag7o7 or #fjcja7;b7 for the same compliance review described in paragraph 7#a74 7b7 ,means of collection 7#a7 ,in general ,the ,secretary shall prescribe procedures to collect fees under this section4 7#b7 ,use of government entities ,the ,secretary may-- 7,a7 use a department1 agency1 or instrumentality of the ,federal ,government or of a ,state or local government to collect fees under this section2 and 7,b7 reimburse that department1 agency1 or instrumentality a reasonable amount for the services provided4 7c7 ,account ,there is established an account1 to be known as the ,liquefied ,natural ,gas ,siting ,account1 in the ,pipeline ,safety ,fund established in the ,treasury of the ,united ,states under section #fjcja4 4 7b7 ,clerical amendment ,the table of sections for chapter #fjc of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #fjcjb the following3 #fjcjc4 ,fees for compliance reviews of liquefied natural gas facilities4 4 #aje4 ,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 may 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 ,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 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 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 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 amended by inserting after the item relating to section #fjada the following3 #fjadb4 ,pipeline safety enhancement programs4 4 #ajf4 ,pipeline safety testing enhancement study ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure1 ,energy and ,commerce1 and ,science1 ,space1 and ,technology of the ,house of ,representatives a report relating to-- 7#a7 the research and development capabilities of the ,administration1 in accordance with section #ab of the ,pipeline ,safety ,improvement ,act of #bjjb 7#di ,u4,s4,c4 #fjaja note2 ,public ,law #ajg-cee72 7#b7 7,a7 the development of additional testing and research capabilities through the establishment of an independent pipeline safety testing facility under the ,department of ,transportation2 7,b7 whether an independent pipeline safety testing facility would be critical to the work of the ,administration2 and 7,c7 the costs and benefits of developing an independent pipeline safety testing facility under the ,department of ,transportation2 and 7#c7 the ability of the ,administration to use the testing facilities of other ,federal agencies or federally funded research and development centers4 #ajg4 ,regulatory updates 7a7 ,definition of outstanding mandate ,in this section1 the term outstanding mandate means-- 7#a7 a final rule required to be issued under the ,pipeline ,safety1 ,regulatory ,certainty1 and ,job ,creation ,act of #bjaa 7,public ,law #aab-ij2 #abe ,stat4 #aijd7 that has not been published in the ,federal ,register2 7#b7 a final rule required to be issued under the ,protecting our ,infrastructure of ,pipelines and ,enhancing ,safety ,act of #bjaf 7,public ,law #aad-ahc2 #acj ,stat4 #ead7 that has not been published in the ,federal ,register2 and 7#c7 any other final rule regarding gas or hazardous liquid pipeline facilities required to be issued under this ,act or an ,act enacted prior to the date of enactment of this ,act that has not been published in the ,federal ,register4 7b7 ,requirements 7#a7 ,periodic updates ,not later than #cj days after the date of enactment of this ,act1 and every #cj days thereafter until a final rule referred to in paragraphs 7#a7 through 7#c7 of subsection 7a7 is published in the ,federal ,register1 the ,secretary shall publish on a publicly available website of the ,department of ,transportation an update regarding the status of each outstanding mandate in accordance with subsection 7c74 7#b7 ,notification of ,congress ,on publication of a final rule in the ,federal ,register for an outstanding mandate1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure and ,energy and ,commerce of the ,house of ,representatives a notification in accordance with subsection 7c74 7c7 ,contents ,an update published or a notification submitted under paragraph 7#a7 or 7#b7 of subsection 7b7 shall contain1 as applicable-- 7#a7 with respect to information relating to the ,administration-- 7,a7 a description of the work plan for each outstanding mandate2 7,b7 an updated rulemaking timeline for each outstanding mandate2 7,c7 the staff allocations with respect to each outstanding mandate2 7,d7 any resource constraints affecting the rulemaking process for each outstanding mandate2 7,e7 any other details associated with the development of each outstanding mandate that affect the progress of the rulemaking process with respect to that outstanding mandate2 and 7,f7 a description of all rulemakings regarding gas or hazardous liquid pipeline facilities published in the ,federal ,register that are not identified under subsection 7b77#b72 and 7#b7 with respect to information relating to the ,office of the ,secretary-- 7,a7 the date that the outstanding mandate was submitted to the ,office of the ,secretary for review2 7,b7 the reason that the outstanding mandate is under review beyond #de days2 7,c7 the staff allocations within the ,office of the ,secretary with respect to each outstanding mandate2 7,d7 any resource constraints affecting review of the outstanding mandate2 7,e7 an estimated timeline of when review of the outstanding mandate will be complete1 as of the date of the update2 7,f7 if applicable1 the date that the outstanding mandate was returned to the ,administration for revision and the anticipated date for resubmission to the ,office of the ,secretary2 7,g7 the date that the outstanding mandate was submitted to the ,office of ,management and ,budget for review2 and 7,h7 a statement of whether the outstanding mandate remains under review by the ,office of ,management and ,budget4 #ajh4 ,self-disclosure of violations ,section #fjabb7;b77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 and 7#b7 by adding at the end the following3 7,d7 self-disclosure and correction of violations1 or actions to correct a violation1 prior to discovery by the ,pipeline and ,hazardous ,materials ,safety ,administration2 and 4 #aji4 ,due process protections in enforcement proceedings 7a7 ,in general ,section #fjaag of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7b7 through 7o7 as subsections 7c7 through 7p71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,enforcement and regulatory procedures 7#a7 ,request for formal hearing ,on request of a respondent in an enforcement or regulatory proceeding under this chapter1 a hearing shall be held in accordance with section #eed of title #e4 7#b7 ,administrative law judge ,a hearing under paragraph 7#a7 shall be conducted by an administrative law judge appointed under section #caje of title #e4 7#c7 ,open to the public 7,a7 ,hearings ,a hearing under paragraph 7#a7 shall be-- 7i7 noticed to the public-- 7,i7 on the website of the ,pipeline and ,hazardous ,materials ,safety ,administration2 and 7,,ii7 in the ,federal ,register2 and 7ii7 open to the public4 7,b7 ,agreements1 orders1 and judgments ,a consent agreement1 consent order1 order1 or judgment resulting from a hearing under paragraph 7#a7 shall be made available to the public on the website of the ,pipeline and ,hazardous ,materials ,safety ,administration4 7#d7 ,procedures ,in implementing enforcement and regulatory procedures under this chapter1 the ,secretary shall-- 7,a7 allow the use of a consent agreement and consent order to resolve any matter of fact or law asserted2 7,b7 allow the respondent and the agency to convene #a or more meetings-- 7i7 for settlement or simplification of the issues2 or 7ii7 to aid in the disposition of issues2 7,c7 require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted2 7,d7 require that a recommended decision be made available to the respondent when issued2 7,e7 allow a respondent to reply to any post-hearing submission2 7,f7 allow a respondent to request-- 7i7 that a hearing be held1 and a recommended decision and order issued1 on an expedited basis2 or 7ii7 that a hearing not commence for a period of not less than #ij days2 7,g7 require that the agency have the burden of proof1 presentation1 and persuasion in any enforcement matter2 7,h7 require that any recommended decision and order contain findings of fact and conclusions of law2 7,i7 require the ,associate ,administrator of the ,office of ,pipeline ,safety to file a post-hearing recommendation not later than #cj days after the deadline for any post-hearing submission of a respondent2 7,j7 require an order on a petition for reconsideration to be issued not later than #abj days after the date on which the petition is filed2 and 7,k7 allow a respondent to request that an issue of controversy or uncertainty be addressed through a declaratory order in accordance with section #eed7;e7 of title #e1 which order shall be issued not later than #abj days after the date on which a request is made4 7#e7 ,savings clause ,nothing in this subsection alters the procedures applicable to an emergency order under subsection 7p74 4 7b7 ,conforming amendments 7#a7 ,section #fjaje7;b77#f7 of title #di1 ,united ,states ,code1 is amended by striking section #fjajh 7a7 and 7b7 and inserting subsections 7a7 and 7c7 of section #fjajh4 7#b7 ,section #fjajf7;a77#b7 of title #di1 ,united ,states ,code1 is amended by striking section #fjajh 7a7 and 7b7 and inserting subsections 7a7 and 7c7 of section #fjajh4 7#c7 ,section #fjaah7;a77#b7 of title #di1 ,united ,states ,code1 is amended by striking section #fjajh 7a7 and 7b7 and inserting subsections 7a7 and 7c7 of section #fjajh4 #aaj4 ,pipeline operating status 7a7 ,in general ,chapter #fja of title #di1 ,united ,states ,code 7as amended by section #aje7;a771 is amended by adding at the end the following3 #fjadc4 ,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 and 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 and 7#c7 7,a7 has been purged of combustibles and hazardous materials and maintains a blanket of inert1 nonflammable gas at low pressure2 or 7,b7 has not been purged as described in subparagraph 7,a71 but the volume of gas is so small that there is no potential hazard4 7b7 ,rulemaking 7#a7 ,in general ,not later than #b years after the date of enactment of the ,,pipes ,act of #bjai1 the ,secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to idled natural or other gas transmission and hazardous liquid pipelines4 7#b7 ,requirements 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 transmission and hazardous liquid pipelines pose to the public1 property1 and the environment1 and shall include requirements to resume operation4 7,b7 ,inspection ,the ,secretary or an appropriate ,state agency shall inspect each idled pipeline and verify that the pipeline has been purged of combustibles and hazardous materials4 7,c7 ,requirements for reinspection ,the ,secretary shall determine the requirements for periodic reinspection of idled natural or other gas transmission and hazardous liquid pipelines4 4 7b7 ,clerical amendment ,the table of sections for chapter #fja of title #di1 ,united ,states ,code 7as amended by section #aje7;b771 is amended by inserting after the item relating to section #fjadb the following3 #fjadc4 ,idled pipelines4 4 #aaa4 ,liquefied natural gas facility project reviews ,section #fjajc7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#g7 as subparagraphs 7,a7 through 7,g71 respectively1 and indenting appropriately2 7#b7 in the first sentence1 by striking ,the ,secretary of ,transportation and inserting the following3 7#a7 ,in general ,the ,secretary of ,transportation 2 7#c7 in the second sentence1 by striking ,in prescribing a standard and inserting the following3 7#b7 ,considerations ,in prescribing a standard under paragraph 7#a7 2 and 7#d7 by adding at the end the following3 7#c7 ,use of location standards ,if a ,federal or ,state authority with jurisdiction over liquefied natural gas pipeline facility permits or approvals is using the location standards prescribed under paragraph 7#a7 for purposes of making a decision with respect to the location of a new liquefied natural gas pipeline facility and submits to the ,secretary of ,transportation a request to provide a determination of whether the new liquefied natural gas pipeline facility would meet the location standards1 the ,secretary may provide such a determination to the requesting ,federal or ,state authority4 7#d7 ,effect ,nothing in this subsection or subsection 7b7-- 7,a7 affects-- 7i7 section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b72 7ii7 the authority of the ,federal ,energy ,regulatory ,commission to carry out that section2 or 7iii7 any other similar authority of any other ,federal or ,state agency2 or 7,b7 requires the ,secretary of ,transportation to formally approve any project proposal or otherwise perform any siting functions4 4 #aab4 ,updates to standards for liquefied natural gas facilities 7a7 ,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 prescribed under section #fjajc7;d7 of title #di1 ,united ,states ,code2 and 7#b7 based on the review under paragraph 7#a71 update the standards described in that paragraph applicable to large-scale liquefied natural gas facilities 7other than peak shaving facilities7 to provide for a risk-based regulatory approach for such facilities1 consistent with this section4 7b7 ,scope ,in updating the minimum operating and maintenance standards under subsection 7a77#b71 the ,secretary shall ensure that all regulations1 guidance1 and internal documents are developed and applied in a manner consistent with this section4 7c7 ,requirements ,the updates to the operating and maintenance standards required under subsection 7a77#b7 shall1 at a minimum1 require operators-- 7#a7 to develop and maintain written safety information identifying hazards associated with-- 7,a7 the processes of liquefied natural gas conversion1 storage1 and transport2 7,b7 equipment used in the processes2 and 7,c7 technology used in the processes2 7#b7 to conduct a hazard assessment1 including the identification of potential sources of accidental releases2 7#c7 7,a7 to consult with employees and representatives of employees on the development and conduct of hazard assessments under paragraph 7#b72 and 7,b7 to provide employees access to the records of the hazard assessments and any other records required under the updated standards2 7#d7 to establish a system to respond to the findings of a hazard assessment conducted under paragraph 7#b7 that addresses prevention1 mitigation1 and emergency responses2 7#e7 to review1 when a design change occurs1 a hazard assessment conducted under paragraph 7#b7 and the response system established under paragraph 7#d72 7#f7 to develop and implement written operating procedures for the processes of liquefied natural gas conversion1 storage1 and transport2 7#g7 7,a7 to provide written safety and operating information to employees2 and 7,b7 to train employees in operating procedures with an emphasis on addressing hazards and using safe practices2 7#h7 to ensure contractors and contract employees are provided appropriate information and training2 7#i7 to train and educate employees and contractors in emergency response2 7#aj7 to establish a quality assurance program to ensure that equipment1 maintenance materials1 and spare parts relating to the operations and maintenance of liquefied natural gas facilities are fabricated and installed consistent with design specifications2 7#aa7 to establish maintenance systems for critical process-related equipment1 including written procedures1 employee training1 appropriate inspections1 and testing of that equipment to ensure ongoing mechanical integrity2 7#ab7 to conduct pre-start-up safety reviews of all newly installed or modified equipment2 7#ac7 to establish and implement written procedures to manage change to processes of liquefied natural gas conversion1 storage1 and transport1 technology1 equipment1 and facilities2 and 7#ad7 7,a7 to investigate each incident that results in1 or could have resulted in-- 7i7 loss of life2 7ii7 destruction of private property2 or 7iii7 a major accident2 and 7,b7 to have operating personnel-- 7i7 review any findings of an investigation under subparagraph 7,a72 and 7ii7 if appropriate1 take responsive measures4 #aac4 ,national ,center of ,excellence for ,liquefied ,natural ,gas ,safety and ,training 7a7 ,definitions ,in this section3 7#a7 ,center ,the term ,center means the ,national ,center of ,excellence for ,liquefied ,natural ,gas ,safety and ,training established under subsection 7b74 7#b7 ,,lng ,the term ,,lng means liquefied natural gas4 7#c7 ,,lng sector stakeholder ,the term ,,lng sector stakeholder means a representative of-- 7,a7 ,,lng facilities that represent the broad array of ,,lng facilities operating in the ,united ,states2 7,b7 ,states1 ,indian ,tribes1 and units of local government2 7,c7 postsecondary education2 7,d7 labor organizations2 7,e7 safety organizations2 or 7,f7 ,federal regulatory agencies of jurisdiction1 which may include-- 7i7 the ,administration2 7ii7 the ,federal ,energy ,regulatory ,commission2 7iii7 the ,department of ,energy2 7iv7 the ,occupational ,safety and ,health ,administration2 7v7 the ,coast ,guard2 and 7vi7 the ,maritime ,administration4 7b7 ,establishment ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with ,,lng sector stakeholders1 shall establish a center1 to be known as the ,national ,center of ,excellence for ,liquefied ,natural ,gas ,safety and ,training4 7c7 ,functions ,the ,center shall1 for activities regulated under section #fjajc of title #di1 ,united ,states ,code-- 7#a7 promote1 facilitate1 and conduct-- 7,a7 education2 7,b7 training2 and 7,c7 technological advancements2 7#b7 be a repository of information on best practices relating to1 and expertise on1 ,,lng operations2 7#c7 foster collaboration among stakeholders2 and 7#d7 provide a curriculum for training that incorporates-- 7,a7 the incorporation of risk-based principles into the operation1 management1 and regulatory oversight of ,,lng facilities2 7,b7 reliance on subject matter expertise within the ,,lng industry2 7,c7 transfer of knowledge and expertise between the ,,lng industry and regulatory agencies2 and 7,d7 leverage of training and workshops that occur at operational facilities4 7d7 ,location 7#a7 ,in general ,the ,center shall be located in close proximity to critical ,,lng transportation infrastructure on1 and connecting to1 the ,gulf of ,mexico1 as determined by the ,secretary4 7#b7 ,considerations ,in siting the location of the ,center1 the ,secretary shall take into account the strategic value of locating resources in close proximity to ,,lng facilities4 7e7 ,joint operation with educational institution ,the ,secretary may enter into an agreement with an appropriate official of an institution of higher education-- 7#a7 to provide for joint operation of the ,center2 and 7#b7 to provide necessary administrative services for the ,center4 ,,ii ,leonel ,rondon ,pipeline ,safety ,act #bja4 ,short title ,this title may be cited as the ,leonel ,rondon ,pipeline ,safety ,act4 #bjb4 ,distribution integrity management plans 7a7 ,in general ,section #fjaji7;e7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#g7 ,distribution integrity management plans 7,a7 ,evaluation of risk ,not later than #b years after the date of enactment of this paragraph1 the ,secretary shall promulgate regulations to ensure that each distribution integrity management plan developed by an operator of a distribution system includes an evaluation of-- 7i7 the risks resulting from the presence of cast iron pipes and mains in the distribution system2 and 7ii7 the risks that could lead to or result from the operation of a low-pressure distribution system at a pressure that makes the operation of any connected and properly adjusted low-pressure gas burning equipment unsafe 7as described in section #aib4fbc of title #di1 ,code of ,federal ,regulations 7or a successor regulation774 7,b7 ,consideration ,in the evaluations required in a plan under subparagraph 7,a71 the regulations promulgated by the ,secretary shall ensure that the distribution integrity management plan evaluates for future potential threats in a manner that considers factors other than past observed abnormal operations 7within the meaning of section #aib4fje of title #di1 ,code of ,federal ,regulations 7or a successor regulation771 in ranking risks and identifying measures to mitigate those risks under that subparagraph1 so that operators avoid using a risk rating of zero for low probability events unless otherwise supported by engineering analysis or operational knowledge4 7,c7 ,deadlines 7i7 ,in general ,not later than #b years after the date of enactment of this paragraph1 each operator of a distribution system shall make available to the ,secretary or the relevant ,state authority with a certification in effect under section #fjaje1 as applicable1 a copy of-- 7,i7 the distribution integrity management plan of the operator2 7,,ii7 the emergency response plan under section #aib4fae of title #di1 ,code of ,federal ,regulations 7or a successor regulation72 and 7,,iii7 the procedural manual for operations1 maintenance1 and emergencies under section #aib4fje of title #di1 ,code of ,federal ,regulations 7or a successor regulation74 7ii7 ,updates ,each operator of a distribution system shall make available to the ,secretary or make available for inspection to the relevant ,state authority with a certification in effect under section #fjaje1 if applicable1 an updated plan or manual described in clause 7i7 by not later than #fj days after the date of a significant update1 as determined by the ,secretary4 7iii7 ,applicability of ,,foia ,nothing in this subsection shall be construed to authorize the disclosure of any information that is exempt from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code4 7,d7 ,review of plans and documents 7i7 ,in general ,not later than #a year after the date of promulgation of the regulations under subparagraph 7,a71 and not less frequently than once every #e years thereafter1 the ,secretary or relevant ,state authority with a certification in effect under section #fjaje shall review the distribution integrity management plan1 the emergency response plan1 and the procedural manual for operations1 maintenance1 and emergencies of each operator and record the results of that review for use in the next review of the program of that operator4 7ii7 ,review ,each plan or procedural manual made available under subparagraph 7,c77i7 shall be reexamined-- 7,i7 on significant change to the plan1 procedural manual1 or system1 as applicable2 and 7,,ii7 not less frequently than once every #e years4 7iii7 ,context of review ,the ,secretary may conduct a review under clause 7i7 or 7ii7 as an element of the inspection of the operator carried out by the ,secretary4 7iv7 ,inadequate programs ,if the ,secretary determines that the documents reviewed under clause 7i7 or 7ii7 do not comply with the requirements of this chapter 7including regulations to implement this chapter71 have not been adequately implemented1 or are inadequate for the safe operation of a pipeline facility1 the ,secretary may conduct proceedings under this chapter4 4 7b7 ,monitoring ,section #fjaje7;e7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the second sentence1 by striking ,a ,state authority and inserting the following3 7#b7 ,cooperation ,a ,state authority with a certification in effect under this section 2 7#b7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7#c7 by adding at the end the following3 7#c7 ,audit program ,not later than #b years after the date of enactment of this paragraph1 the ,secretary shall-- 7,a7 revise the ,state audit protocols and procedures to update the annual ,state ,program ,evaluations carried out under this subsection and section #fjajf7;d7 to ensure that a ,state authority with a certification in effect under this section has the capability to sufficiently review and evaluate the adequacy of the plans and manuals described in section #fjaji7;e77#g77;,c77i72 7,b7 update the ,state ,inspection ,calculation ,tool to take into account factors including-- 7i7 the number of miles of natural gas and hazardous liquid pipelines in the ,state1 including the number of miles of cast iron and bare steel pipelines2 7ii7 the number of services in the ,state2 7iii7 the age of the gas distribution system in the ,state2 and 7iv7 environmental factors that could impact the integrity of the pipeline1 including relevant geological issues2 and 7,c7 promulgate regulations to require that a ,state authority with a certification in effect under this section has a sufficient number of qualified inspectors to ensure safe operations1 as determined by the ,state ,inspection ,calculation ,tool and other factors determined to be appropriate by the ,secretary4 4 #bjc4 ,emergency response plans ,section #fjajb of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7q7 ,emergency response plans ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall update regulations to ensure that each emergency response plan developed by an operator of a distribution system under section #aib4fae of title #di1 ,code of ,federal ,regulations 7or a successor regulation71 includes written procedures for-- 7#a7 establishing communication with first responders and other relevant public officials1 as soon as practicable1 beginning from the time of confirmed discovery1 as determined by the ,secretary1 by the operator of a gas pipeline emergency involving a release of gas from a distribution system of that operator that results in-- 7,a7 a fire related to an unintended release of gas2 7,b7 an explosion2 7,c7 #a or more fatalities2 or 7,d7 the unscheduled release of gas and shutdown of gas service to a significant number of customers1 as determined by the ,secretary2 7#b7 establishing general public communication through an appropriate channel-- 7,a7 as soon as practicable1 as determined by the ,secretary1 after a gas pipeline emergency involving a release of gas that results in-- 7i7 a fire related to an unintended release of gas2 7ii7 an explosion2 7iii7 #a or more fatalities2 or 7iv7 the unscheduled shutdown of gas service to a significant number of customers1 as determined by the ,secretary2 and 7,b7 that provides information regarding-- 7i7 the emergency described in subparagraph 7,a72 and 7ii7 the status of public safety2 and 7#c7 the development and implementation of a voluntary1 opt-in system that would allow operators of distribution systems to rapidly communicate with customers in the event of an emergency4 4 #bjd4 ,operations and maintenance manuals ,section #fjajb of title #di1 ,united ,states ,code 7as amended by section #bjc71 is amended by adding at the end the following3 7r7 ,operations and maintenance manuals ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall update regulations to ensure that each procedural manual for operations1 maintenance1 and emergencies developed by an operator of a distribution pipeline under section #aib4fje of title #di1 ,code of ,federal ,regulations 7or a successor regulation71 includes written procedures for-- 7#a7 responding to overpressurization indications1 including specific actions and an order of operations for immediately reducing pressure in or shutting down portions of the gas distribution system1 if necessary2 and 7#b7 a detailed procedure for the management of the change process1 which shall-- 7,a7 be applied to significant technology1 equipment1 procedural1 and organizational changes to the distribution system2 and 7,b7 ensure that relevant qualified personnel1 such as an engineer with a professional engineer licensure1 subject matter expert1 or other employee who possesses the necessary knowledge1 experience1 and skills regarding natural gas distribution systems1 review and certify construction plans for accuracy1 completeness1 and correctness4 4 #bje4 ,pipeline safety management systems 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure and ,energy and ,commerce of the ,house of ,representatives a report describing-- 7#a7 the number of operators of natural gas distribution systems who have implemented a pipeline safety management system in accordance with the standard established by the ,american ,petroleum ,institute entitled ,pipeline ,safety ,management ,system ,requirements and numbered ,american ,petroleum ,institute ,recommended ,practice #aagc2 7#b7 the progress made by operators of natural gas distribution systems who have implemented1 or are in the process of implementing1 a pipeline safety management system described in paragraph 7#a72 and 7#c7 the feasibility of an operator of a natural gas distribution system implementing a pipeline safety management system described in paragraph 7#a7 based on the size of the operator as measured by-- 7,a7 the number of customers the operator has2 and 7,b7 the amount of natural gas the operator transports4 7b7 ,requirements ,as part of the report required under subsection 7a71 the ,secretary shall provide guidance or recommendations that would further the adoption of safety management systems in accordance with the standard established by the ,american ,petroleum ,institute entitled ,pipeline ,safety ,management ,system ,requirements and numbered ,american ,petroleum ,institute ,recommended ,practice #aagc4 7c7 ,evaluation and promotion of safety management systems ,the ,secretary and the relevant ,state authority with a certification in effect under section #fjaje of title #di1 ,united ,states ,code1 as applicable1 shall-- 7#a7 promote and assess pipeline safety management systems frameworks developed by operators of natural gas distribution systems and described in the report under subsection 7a71 including-- 7,a7 if necessary1 using independent third-party evaluators2 and 7,b7 through a system that promotes self-disclosure of-- 7i7 errors2 and 7ii7 deviations from regulatory standards2 and 7#b7 if a deviation from a regulatory standard is identified during the development and application of a pipeline safety management system1 certify that-- 7,a7 due consideration will be given to factors such as flawed procedures1 honest mistakes1 or lack of understanding2 and 7,b7 the operators and regulators use the most appropriate tools to fix the deviation1 return to compliance1 and prevent the recurrence of the deviation1 including-- 7i7 root cause analysis2 and 7ii7 training1 education1 or other appropriate improvements to procedures or training programs4 #bjf4 ,pipeline safety practices ,section #fjajb of title #di1 ,united ,states ,code 7as amended by section #bjd71 is amended by adding at the end the following3 7s7 ,other pipeline safety practices 7#a7 ,records ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall promulgate regulations to require an operator of a distribution system-- 7,a7 to identify and manage traceable1 reliable1 and complete records1 including maps and other drawings1 critical to ensuring proper pressure controls for a gas distribution system1 and updating these records as needed1 while collecting and identifying other records necessary for risk analysis on an opportunistic basis2 and 7,b7 to ensure that the records required under subparagraph 7,a7 are-- 7i7 accessible to all personnel responsible for performing or overseeing relevant construction or engineering work2 and 7ii7 submitted to1 or made available for inspection by1 the ,secretary or the relevant ,state authority with a certification in effect under section #fjaje4 7#b7 ,presence of qualified employees 7,a7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall promulgate regulations to require that not less than #a agent of an operator of a distribution system who is qualified to perform relevant covered tasks 7as defined in section #aib4hja7;b7 of title #di1 ,code of ,federal ,regulations 7or a successor regulation77 shall monitor gas pressure at the district regulator station or at an alternative site with equipment capable of ensuring proper pressure controls and have the capability to promptly shut down the flow of gas or control over pressurization at a district regulator station during any construction project that has the potential to cause a hazardous overpressurization at that station1 including tie-ins and abandonment of distribution lines and mains1 based on an evaluation1 conducted by the operator1 of threats that could result in unsafe operation4 7,b7 ,exclusion ,in promulgating regulations under subparagraph 7,a71 the ,secretary shall ensure that those regulations do not apply to a district regulating station that has a monitoring system and the capability for remote or automatic shutoff4 7#c7 ,district regulator stations 7,a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall promulgate regulations to require that each operator of a distribution system assesses and upgrades1 as appropriate1 each district regulator station of the operator to ensure that-- 7i7 the risk of the gas pressure in the distribution system exceeding1 by a common mode of failure1 the maximum allowable operating pressure 7as described in section #aib4fbc of title #di1 ,code of ,federal ,regulations 7or a successor regulation77 allowed under ,federal law 7including regulations7 is minimized2 7ii7 the gas pressure of a low-pressure distribution system is monitored1 particularly at or near the location of critical pressure-control equipment2 7iii7 the regulator station has secondary or backup pressure-relieving or overpressure-protection safety technology1 such as a relief valve or automatic shutoff valve1 or other pressure-limiting devices appropriate for the configuration and siting of the station and1 in the case of a regulator station that employs the primary and monitor regulator design1 the operator shall eliminate the common mode of failure or provide backup protection capable of either shutting the flow of gas1 relieving gas to the atmosphere to fully protect the distribution system from overpressurization events1 or there must be technology in place to eliminate a common mode of failure2 and 7iv7 if the ,secretary determines that it is not operationally possible for an operator to implement the requirements under clause 7iii71 the ,secretary shall require such operator to identify actions in their plan that minimize the risk of an overpressurization event4 4