[114th Congress Public Law 183]
[From the U.S. Government Publishing Office]
[[Page 513]]
PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING SAFETY
ACT OF 2016
[[Page 130 STAT. 514]]
Public Law 114-183
114th Congress
An Act
To amend title 49, United States Code, to provide enhanced safety in
pipeline transportation, and for other purposes. <<NOTE: June 22,
2016 - [S. 2276]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Protecting our
Infrastructure of Pipelines and Enhancing Safety Act of 2016. 49 USC
60101 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting our
Infrastructure of Pipelines and Enhancing Safety Act of 2016'' or the
``PIPES Act of 2016''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Regulatory updates.
Sec. 4. Natural gas integrity management review.
Sec. 5. Hazardous liquid integrity management review.
Sec. 6. Technical safety standards committees.
Sec. 7. Inspection report information.
Sec. 8. Improving damage prevention technology.
Sec. 9. Workforce management.
Sec. 10. Information-sharing system.
Sec. 11. Nationwide integrated pipeline safety regulatory database.
Sec. 12. Underground gas storage facilities.
Sec. 13. Joint inspection and oversight.
Sec. 14. Safety data sheets.
Sec. 15. Hazardous materials identification numbers.
Sec. 16. Emergency order authority.
Sec. 17. State grant funds.
Sec. 18. Response plans.
Sec. 19. Unusually sensitive areas.
Sec. 20. Pipeline safety technical assistance grants.
Sec. 21. Study of materials and corrosion prevention in pipeline
transportation.
Sec. 22. Research and development.
Sec. 23. Active and abandoned pipelines.
Sec. 24. State pipeline safety agreements.
Sec. 25. Requirements for certain hazardous liquid pipeline facilities.
Sec. 26. Study on propane gas pipeline facilities.
Sec. 27. Standards for certain liquefied natural gas pipeline
facilities.
Sec. 28. Pipeline odorization study.
Sec. 29. Report on natural gas leak reporting.
Sec. 30. Review of State policies relating to natural gas leaks.
Sec. 31. Aliso Canyon natural gas leak task force.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) of title 49, United
States Code is amended--
(1) in paragraph (1) by striking ``there is authorized to be
appropriated to the Department of Transportation for each of
fiscal years 2012 through 2015, from fees collected under
section 60301, $90,679,000, of which $4,746,000 is for carrying
[[Page 130 STAT. 515]]
out such section 12 and $36,194,000 is for making grants.'' and
inserting the following: ``there is authorized to be
appropriated to the Department of Transportation from fees
collected under section 60301--
``(A) $124,500,000 for fiscal year 2016, of which
$9,000,000 shall be expended for carrying out such
section 12 and $39,385,000 shall be expended for making
grants;
``(B) $128,000,000 for fiscal year 2017 of which
$9,000,000 shall be expended for carrying out such
section 12 and $41,885,000 shall be expended for making
grants;
``(C) $131,000,000 for fiscal year 2018, of which
$9,000,000 shall be expended for carrying out such
section 12 and $44,885,000 shall be expended for making
grants; and
``(D) $134,000,000 for fiscal year 2019, of which
$9,000,000 shall be expended for carrying out such
section 12 and $47,885,000 shall be expended for making
grants.'';
(2) in paragraph (2) by striking ``there is authorized to be
appropriated for each of fiscal years 2012 through 2015 from the
Oil Spill Liability Trust Fund to carry out the provisions of
this chapter related to hazardous liquid and section 12 of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note;
Public Law 107-355), $18,573,000, of which $2,174,000 is for
carrying out such section 12 and $4,558,000 is for making
grants.'' and inserting the following: ``there is authorized to
be appropriated from the Oil Spill Liability Trust Fund to carry
out the provisions of this chapter related to hazardous liquid
and section 12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107-355)--
``(A) $22,123,000 for fiscal year 2016, of which
$3,000,000 shall be expended for carrying out such
section 12 and $8,067,000 shall be expended for making
grants;
``(B) $22,123,000 for fiscal year 2017, of which
$3,000,000 shall be expended for carrying out such
section 12 and $8,067,000 shall be expended for making
grants;
``(C) $23,000,000 for fiscal year 2018, of which
$3,000,000 shall be expended for carrying out such
section 12 and $8,067,000 shall be expended for making
grants; and
``(D) $23,000,000 for fiscal year 2019, of which
$3,000,000 shall be expended for carrying out such
section 12 and $8,067,000 shall be expended for making
grants.''; and
(3) by adding at the end the following:
``(3) Underground natural gas storage facility safety
account.--To carry out section 60141, there is authorized to be
appropriated to the Department of Transportation from fees
collected under section 60302 $8,000,000 for each of fiscal
years 2017 through 2019.''.
(b) Operational Expenses.--There are authorized to be appropriated
to the Secretary of Transportation for the necessary operational
expenses of the Pipeline and Hazardous Materials Safety Administration
the following amounts:
(1) $21,000,000 for fiscal year 2016.
(2) $22,000,000 for fiscal year 2017.
(3) $22,000,000 for fiscal year 2018.
[[Page 130 STAT. 516]]
(4) $23,000,000 for fiscal year 2019.
(c) One-Call Notification Programs.--
(1) In general.--Section 6107 of title 49, United States
Code, is amended to read as follows:
``Sec. 6107. Funding
``Of the amounts made available under section 60125(a)(1), the
Secretary shall expend $1,058,000 for each of fiscal years 2016 through
2019 to carry out section 6106.''.
(2) Clerical amendment.--The analysis for chapter 61 of
title 49, United States Code, <<NOTE: 49 USC prec. 6101.>> is
amended by striking the item relating to section 6107 and
inserting the following:
``6107. Funding.''.
(d) Pipeline Safety Information Grants to Communities.--The first
sentence of section 60130(c) of title 49, United States Code, is amended
to read as follows: ``Of the amounts made available under section 2(b)
of the PIPES Act of 2016, the Secretary shall expend $1,500,000 for each
of fiscal years 2016 through 2019 to carry out this section.''.
(e) Pipeline Integrity Program.--Section 12(f) of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is amended by
striking ``2012 through 2015'' and inserting ``2016 through 2019''.
SEC. 3. REGULATORY UPDATES.
(a) Publication.--
(1) <<NOTE: Web posting. Notification.>> In general.--The
Secretary of Transportation shall publish an update on a
publicly available Web site of the Department of Transportation
regarding the status of a final rule for each outstanding
regulation, and upon such publication notify the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the Committee
on Energy and Commerce of the House of Representatives that such
publication has been made.
(2) <<NOTE: Federal Register, publication.>> Deadlines.--
The Secretary shall publish an update under this subsection not
later than 120 days after the date of enactment of this Act, and
every 90 days thereafter until a final rule has been published
in the Federal Register for each outstanding regulation.
(b) Contents.--The Secretary shall include in each update published
under subsection (a)--
(1) a description of the work plan for each outstanding
regulation;
(2) an updated rulemaking timeline for each outstanding
regulation;
(3) current staff allocations with respect to each
outstanding regulation;
(4) any resource constraints affecting the rulemaking
process for each outstanding regulation;
(5) any other details associated with the development of
each outstanding regulation that affect the progress of the
rulemaking process; and
(6) a description of all rulemakings regarding gas or
hazardous liquid pipeline facilities published in the Federal
Register that are not identified under subsection (c).
[[Page 130 STAT. 517]]
(c) Outstanding Regulation Defined.--In this section, the term
``outstanding regulation'' means--
(1) a final rule required under the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (Public Law
112-90) that has not been published in the Federal Register; and
(2) a final rule regarding gas or hazardous liquid pipeline
facilities required under this Act or an Act enacted prior to
the date of enactment of this Act (other than the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90)) that has not been published in the Federal
Register.
SEC. 4. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.
(a) Report.--Not later than 18 months after the date of publication
in the Federal Register of a final rule regarding the safety of gas
transmission pipelines related to the notice of proposed rulemaking
issued on April 8, 2016, titled ``Pipeline Safety: Safety of Gas
Transmission and Gathering Pipelines'' (81 Fed. Reg. 20721), the
Comptroller General of the United States shall submit to the Committee
on Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report regarding the
integrity management programs for gas pipeline facilities required under
section 60109(c) of title 49, United States Code.
(b) Contents.--The report required under subsection (a) shall
include--
(1) <<NOTE: Analysis.>> an analysis of stakeholder
perspectives, taking into consideration technical, operational,
and economic feasibility, regarding ways to enhance pipeline
facility safety, prevent inadvertent releases from pipeline
facilities, and mitigate any adverse consequences of such
inadvertent releases, including changes to the definition of
high consequence area, or expanding integrity management beyond
high consequence areas;
(2) <<NOTE: Review.>> a review of the types of benefits,
including safety benefits, and estimated costs of the legacy
class location regulations;
(3) <<NOTE: Analysis.>> an analysis of the impact pipeline
facility features, including the age, condition, materials, and
construction of a pipeline facility, have on safety and risk
analysis of a particular pipeline facility;
(4) a description of any challenges affecting Federal or
State regulators in the oversight of gas transmission pipeline
facilities and how the challenges are being addressed; and
(5) a description of any challenges affecting the natural
gas industry in complying with the programs, and how the
challenges are being addressed, including any challenges faced
by publicly owned natural gas distribution systems.
(c) Definition of High Consequence Area.--In this section, the term
``high consequence area'' has the meaning given the term in section
192.903 of title 49, Code of Federal Regulations.
SEC. 5. HAZARDOUS LIQUID INTEGRITY MANAGEMENT REVIEW.
(a) Report.--Not later than 18 months after the date of publication
in the Federal Register of a final rule regarding the safety of
hazardous liquid pipeline facilities related to the notice of proposed
rulemaking issued on October 13, 2015, titled ``Pipeline Safety: Safety
of Hazardous Liquid Pipelines'' (80 Fed. Reg. 61610),
[[Page 130 STAT. 518]]
the Comptroller General of the United States shall submit to the
Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report regarding
the integrity management programs for hazardous liquid pipeline
facilities, as regulated under sections 195.450 and 195.452 of title 49,
Code of Federal Regulations.
(b) <<NOTE: Analysis.>> Contents.--The report required under
subsection (a) shall include--
(1) taking into consideration technical, operational, and
economic feasibility, an analysis of stakeholder perspectives
on--
(A) ways to enhance hazardous liquid pipeline
facility safety;
(B) risk factors that may warrant more frequent
inspections of hazardous liquid pipeline facilities; and
(C) changes to the definition of high consequence
area;
(2) an analysis of how surveying, assessment, mitigation,
and monitoring activities, including real-time hazardous liquid
pipeline facility monitoring during significant flood events and
information sharing with Federal agencies, are being used to
address risks associated with rivers, flood plains, lakes, and
coastal areas;
(3) an analysis of the impact pipeline facility features,
including the age, condition, materials, and construction of a
pipeline facility, have on safety and risk analysis of a
particular pipeline facility and what changes to the definition
of high consequence area could be made to improve pipeline
facility safety; and
(4) a description of any challenges affecting Federal or
State regulators in the oversight of hazardous liquid pipeline
facilities and how those challenges are being addressed.
(c) Definition of High Consequence Area.--In this section, the term
``high consequence area'' has the meaning given the term in section
195.450 of title 49, Code of Federal Regulations.
SEC. 6. TECHNICAL SAFETY STANDARDS COMMITTEES.
(a) <<NOTE: Consultation.>> Appointment of Members.--Section
60115(b)(4)(A) of title 49, United States Code, is amended by striking
``State commissioners. The Secretary shall consult with the national
organization of State commissions before selecting those 2
individuals.'' and inserting ``State officials. The Secretary shall
consult with national organizations representing State commissioners or
utility regulators before making a selection under this subparagraph.''.
(b) Vacancies.--Section 60115(b) of title 49, United States Code, is
amended by adding at the end the following:
``(5) <<NOTE: Deadlines.>> Within 90 days of the date of enactment
of the PIPES Act of 2016, the Secretary shall fill all vacancies on the
Technical Pipeline Safety Standards Committee, the Technical Hazardous
Liquid Pipeline Safety Standards Committee, and any other committee
established pursuant to this section. After that period, the Secretary
shall fill a vacancy on any such committee not later than 60 days after
the vacancy occurs.''.
SEC. 7. INSPECTION REPORT INFORMATION.
(a) Inspection and Maintenance.--Section 60108 of title 49, United
States Code, is amended by adding at the end the following:
[[Page 130 STAT. 519]]
``(e) In General.--After the completion of a Pipeline and Hazardous
Materials Safety Administration pipeline safety inspection, the
Administrator of such Administration, or the State authority certified
under section 60105 of title 49, United States Code, to conduct such
inspection, shall--
``(1) within 30 days, conduct a post-inspection
briefing with the owner or operator of the gas or
hazardous liquid pipeline facility inspected outlining
any concerns; and
``(2) within 90 days, to the extent practicable,
provide the owner or operator with written preliminary
findings of the inspection.''.
(b) Notification.--Not later than October 1, 2017, and each fiscal
year thereafter for 2 years, the Administrator shall notify the
Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate of--
(1) the number of times a deadline under section 60108(e) of
title 49, United States Code, was exceeded in the prior fiscal
year; and
(2) in each instance, the length of time by which the
deadline was exceeded.
SEC. 8. IMPROVING DAMAGE PREVENTION TECHNOLOGY.
(a) <<NOTE: Consultation.>> Study.--The Secretary of
Transportation, in consultation with stakeholders, shall conduct a study
on improving existing damage prevention programs through technological
improvements in location, mapping, excavation, and communications
practices to prevent excavation damage to a pipe or its coating,
including considerations of technical, operational, and economic
feasibility and existing damage prevention programs.
(b) Contents.--The study under subsection (a) shall include--
(1) an identification of any methods to improve existing
damage prevention programs through location and mapping
practices or technologies in an effort to reduce releases caused
by excavation;
(2) <<NOTE: Analysis.>> an analysis of how increased use of
global positioning system digital mapping technologies,
predictive analytic tools, public awareness initiatives
including one-call initiatives, the use of mobile devices, and
other advanced technologies could supplement existing one-call
notification and damage prevention programs to reduce the
frequency and severity of incidents caused by excavation damage;
(3) an identification of any methods to improve excavation
practices or technologies in an effort to reduce pipeline
damage;
(4) <<NOTE: Analysis.>> an analysis of the feasibility of a
national data repository for pipeline excavation accident data
that creates standardized data models for storing and sharing
pipeline accident information; and
(5) an identification of opportunities for stakeholder
engagement in preventing excavation damage.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives
[[Page 130 STAT. 520]]
a report containing the results of the study conducted under subsection
(a), including recommendations, that include the consideration of
technical, operational, and economic feasibility, on how to incorporate
into existing damage prevention programs technological improvements and
practices that help prevent excavation damage.
SEC. 9. <<NOTE: 49 USC 108 note.>> WORKFORCE MANAGEMENT.
(a) <<NOTE: Deadline.>> Review.--Not later than 1 year after the
date of the enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, a review of Pipeline and
Hazardous Materials Safety Administration staff resource management,
including--
(1) <<NOTE: Plans.>> geographic allocation plans, hiring
and time-to-hire challenges, and expected retirement rates and
recruitment and retention strategies;
(2) an identification and description of any previous
periods of macroeconomic and pipeline industry conditions under
which the Pipeline and Hazardous Materials Safety Administration
has encountered difficulty in filling vacancies, and the degree
to which special hiring authorities, including direct hiring
authority authorized by the Office of Personnel Management,
could have ameliorated such difficulty; and
(3) <<NOTE: Recommenda- tions.>> recommendations to address
hiring challenges, training needs, and any other identified
staff resource challenges.
(b) Direct Hiring.--Upon identification of a period described in
subsection (a)(2), the Administrator of the Pipeline and Hazardous
Materials Safety Administration may apply to the Office of Personnel
Management for the authority to appoint qualified candidates to any
position relating to pipeline safety, as determined by the
Administrator, without regard to sections 3309 through 3319 of title 5,
United States Code.
(c) Savings Clause.--Nothing in this section shall preclude the
Administrator of the Pipeline and Hazardous Materials Safety
Administration from applying to the Office of Personnel Management for
the authority described in subsection (b) prior to the completion of the
report required under subsection (a).
SEC. 10. <<NOTE: 49 USC 60108 note. Deadline. Establishment.>>
INFORMATION-SHARING SYSTEM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Transportation shall convene a
working group to consider the development of a voluntary information-
sharing system to encourage collaborative efforts to improve inspection
information feedback and information sharing with the purpose of
improving gas transmission and hazardous liquid pipeline facility
integrity risk analysis.
(b) Membership.--The working group convened pursuant to subsection
(a) shall include representatives from--
(1) the Pipeline and Hazardous Materials Safety
Administration;
(2) industry stakeholders, including operators of pipeline
facilities, inspection technology, coating, and cathodic
protection vendors, and pipeline inspection organizations;
(3) safety advocacy groups;
(4) research institutions;
[[Page 130 STAT. 521]]
(5) State public utility commissions or State officials
responsible for pipeline safety oversight;
(6) State pipeline safety inspectors;
(7) labor representatives; and
(8) other entities, as determined appropriate by the
Secretary.
(c) <<NOTE: Recommenda- tions.>> Considerations.--The working group
convened pursuant to subsection (a) shall consider and provide
recommendations to the Secretary on--
(1) the need for, and the identification of, a system to
ensure that dig verification data are shared with in-line
inspection operators to the extent consistent with the need to
maintain proprietary and security-sensitive data in a
confidential manner to improve pipeline safety and inspection
technology;
(2) ways to encourage the exchange of pipeline inspection
information and the development of advanced pipeline inspection
technologies and enhanced risk analysis;
(3) opportunities to share data, including dig verification
data between operators of pipeline facilities and in-line
inspector vendors to expand knowledge of the advantages and
disadvantages of the different types of in-line inspection
technology and methodologies;
(4) options to create a secure system that protects
proprietary data while encouraging the exchange of pipeline
inspection information and the development of advanced pipeline
inspection technologies and enhanced risk analysis;
(5) means and best practices for the protection of safety-
and security-sensitive information and proprietary information;
and
(6) regulatory, funding, and legal barriers to sharing the
information described in paragraphs (1) through (4).
(d) <<NOTE: Web posting.>> Publication.--The Secretary shall
publish the recommendations provided under subsection (c) on a publicly
available Web site of the Department of Transportation.
SEC. 11. <<NOTE: 49 USC 60108 note.>> NATIONWIDE INTEGRATED
PIPELINE SAFETY REGULATORY DATABASE.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the feasibility of
establishing a national integrated pipeline safety regulatory inspection
database to improve communication and collaboration between the Pipeline
and Hazardous Materials Safety Administration and State pipeline
regulators.
(b) Contents.--The report submitted under subsection (a) shall
include--
(1) a description of any efforts underway to test a secure
information-sharing system for the purpose described in
subsection (a);
(2) a description of any progress in establishing common
standards for maintaining, collecting, and presenting pipeline
safety regulatory inspection data, and a methodology for sharing
the data;
[[Page 130 STAT. 522]]
(3) a description of any inadequacies or gaps in State and
Federal inspection, enforcement, geospatial, or other pipeline
safety regulatory inspection data;
(4) a description of the potential safety benefits of a
national integrated pipeline safety regulatory inspection
database; and
(5) <<NOTE: Recommenda- tions.>> recommendations, including
those of stakeholders for how to implement a secure information-
sharing system that protects proprietary and security sensitive
information and data for the purpose described in subsection
(a).
(c) Consultation.--In implementing this section, the Secretary shall
consult with stakeholders, including each State authority operating
under a certification to regulate intrastate pipelines under section
60105 of title 49, United States Code.
(d) Establishment of Database.--The Secretary may establish, if
appropriate, a national integrated pipeline safety regulatory database--
(1) after submission of the report required under subsection
(a); or
(2) <<NOTE: Notification.>> upon notification to the
Committee on Transportation and Infrastructure and the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
of the need to establish such database prior to the submission
of the report under subsection (a).
SEC. 12. UNDERGROUND GAS STORAGE FACILITIES.
(a) Defined Term.--Section 60101(a) of title 49, United States Code,
is amended--
(1) in paragraph (21)(B) by striking the period at the end
and inserting a semicolon;
(2) in paragraph (22)(B)(iii) by striking the period at the
end and inserting a semicolon;
(3) in paragraph (24) by striking ``and'' at the end;
(4) in paragraph (25) by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(26) `underground natural gas storage facility' means a
gas pipeline facility that stores natural gas in an underground
facility, including--
``(A) a depleted hydrocarbon reservoir;
``(B) an aquifer reservoir; or
``(C) a solution-mined salt cavern reservoir.''.
(b) Standards for Underground Gas Storage Facilities.--Chapter 601
of title 49, United States Code, is amended by adding at the end the
following:
``Sec. 60141. <<NOTE: 49 USC 60141.>> Standards for underground
natural gas storage facilities
``(a) <<NOTE: Deadline. Consultation.>> Minimum Safety Standards.--
Not later than 2 years after the date of enactment of the PIPES Act of
2016, the Secretary, in consultation with the heads of other relevant
Federal agencies, shall issue minimum safety standards for underground
natural gas storage facilities.
``(b) Considerations.--In developing the safety standards required
under subsection (a), the Secretary shall, to the extent practicable--
[[Page 130 STAT. 523]]
``(1) consider consensus standards for the operation,
environmental protection, and integrity management of
underground natural gas storage facilities;
``(2) consider the economic impacts of the regulations on
individual gas customers;
``(3) ensure that the regulations do not have a significant
economic impact on end users; and
``(4) consider the recommendations of the Aliso Canyon
natural gas leak task force established under section 31 of the
PIPES Act of 2016.
``(c) Federal-State Cooperation.--The Secretary may authorize a
State authority (including a municipality) to participate in the
oversight of underground natural gas storage facilities in the same
manner as provided in sections 60105 and 60106.
``(d) Rules of Construction.--
``(1) In general.--Nothing in this section may be construed
to affect any Federal regulation relating to gas pipeline
facilities that is in effect on the day before the date of
enactment of the PIPES Act of 2016.
``(2) Limitations.--Nothing in this section may be construed
to authorize the Secretary--
``(A) to prescribe the location of an underground
natural gas storage facility; or
``(B) to require the Secretary's permission to
construct a facility referred to in subparagraph (A).
``(e) Preemption.--A State authority may adopt additional or more
stringent safety standards for intrastate underground natural gas
storage facilities if such standards are compatible with the minimum
standards prescribed under this section.
``(f) Statutory Construction.--Nothing in this section shall be
construed to affect the Secretary's authority under this title to
regulate the underground storage of gas that is not natural gas.''.
(c) User Fees.--Chapter 603 of title 49, United States Code, is
amended by inserting after section 60301 the following:
``Sec. 60302. <<NOTE: 49 USC 60302.>> User fees for underground
natural gas storage facilities
``(a) In General.--A fee shall be imposed on an entity operating an
underground natural gas storage facility subject to section 60141. Any
such fee imposed shall be collected before the end of the fiscal year to
which it applies.
``(b) <<NOTE: Procedures.>> Means of Collection.--The Secretary of
Transportation shall prescribe procedures to collect fees under this
section. The Secretary may use a department, agency, or instrumentality
of the United States Government or of a State or local government to
collect the fee and may reimburse the department, agency, or
instrumentality a reasonable amount for its services.
``(c) Use of Fees.--
``(1) Account.--There is established an Underground Natural
Gas Storage Facility Safety Account in the Pipeline Safety Fund
established in the Treasury of the United States under section
60301.
``(2) Use of fees.--A fee collected under this section--
``(A) shall be deposited in the Underground Natural
Gas Storage Facility Safety Account; and
[[Page 130 STAT. 524]]
``(B) if the fee is related to an underground
natural gas storage facility subject to section 60141,
the amount of the fee may be used only for an activity
related to underground natural gas storage facility
safety.
``(3) Limitation.--No fee may be collected under this
section, except to the extent that the expenditure of such fee
to pay the costs of an activity related to underground natural
gas storage facility safety for which such fee is imposed is
provided in advance in an appropriations Act.''.
(d) Clerical Amendments.--
(1) Chapter 601.--The table of sections for chapter 601 of
title 49, United States Code, <<NOTE: 49 USC prec. 60101.>> is
amended by adding at the end the following:
``60141. Standards for underground natural gas storage facilities.''.
(2) Chapter 603.--The table of sections for chapter 603 of
title 49, United States Code, <<NOTE: 49 USC prec. 60103.>> is
amended by inserting after the item relating to section 60301
the following:
``60302. User fees for underground natural gas storage facilities.''.
SEC. 13. JOINT INSPECTION AND OVERSIGHT.
Section 60106 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Joint Inspectors.--At the request of a State authority, the
Secretary shall allow for a certified State authority under section
60105 to participate in the inspection of an interstate pipeline
facility.''.
SEC. 14. <<NOTE: 49 USC 60117 note. Deadline.>> SAFETY DATA
SHEETS.
(a) In General.--Each owner or operator of a hazardous liquid
pipeline facility, following an accident involving such pipeline
facility that results in a hazardous liquid spill, shall provide safety
data sheets on any spilled hazardous liquid to the designated Federal
On-Scene Coordinator and appropriate State and local emergency
responders within 6 hours of a telephonic or electronic notice of the
accident to the National Response Center.
(b) Definitions.--In this section:
(1) Federal on-scene coordinator.--The term ``Federal On-
Scene Coordinator'' has the meaning given such term in section
311(a) of the Federal Water Pollution Control Act (33 U.S.C.
1321(a)).
(2) National response center.--The term ``National Response
Center'' means the center described under section 300.125(a) of
title 40, Code of Federal Regulations.
(3) Safety data sheet.--The term ``safety data sheet'' means
a safety data sheet required under section 1910.1200 of title
29, Code of Federal Regulations.
SEC. 15. <<NOTE: Deadline. Regulations. Public information.>>
HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Transportation shall issue an advanced notice of proposed
rulemaking to take public comment on the petition for rulemaking dated
October 28, 2015, titled ``Corrections to Title 49 CFR 172.336
Identification numbers; special provisions'' (P-1667).
[[Page 130 STAT. 525]]
SEC. 16. EMERGENCY ORDER AUTHORITY.
Section 60117 of title 49, United States Code, is amended by adding
at the end the following:
``(o) Emergency Order Authority.--
``(1) <<NOTE: Determination.>> In general.--If the
Secretary determines that an unsafe condition or practice, or a
combination of unsafe conditions and practices, constitutes or
is causing an imminent hazard, the Secretary may issue an
emergency order described in paragraph (3) imposing emergency
restrictions, prohibitions, and safety measures on owners and
operators of gas or hazardous liquid pipeline facilities without
prior notice or an opportunity for a hearing, but only to the
extent necessary to abate the imminent hazard.
``(2) Considerations.--
``(A) In general.--Before issuing an emergency order
under paragraph (1), the Secretary shall consider, as
appropriate, the following factors:
``(i) The impact of the emergency order on
public health and safety.
``(ii) The impact, if any, of the emergency
order on the national or regional economy or
national security.
``(iii) The impact of the emergency order on
the ability of owners and operators of pipeline
facilities to maintain reliability and continuity
of service to customers.
``(B) Consultation.--In considering the factors
under subparagraph (A), the Secretary shall consult, as
the Secretary determines appropriate, with appropriate
Federal agencies, State agencies, and other entities
knowledgeable in pipeline safety or operations.
``(3) Written order.--An emergency order issued by the
Secretary pursuant to paragraph (1) with respect to an imminent
hazard shall contain a written description of--
``(A) the violation, condition, or practice that
constitutes or is causing the imminent hazard;
``(B) the entities subject to the order;
``(C) the restrictions, prohibitions, or safety
measures imposed;
``(D) the standards and procedures for obtaining
relief from the order;
``(E) how the order is tailored to abate the
imminent hazard and the reasons the authorities under
section 60112 and 60117(l) are insufficient to do so;
and
``(F) how the considerations were taken into account
pursuant to paragraph (2).
``(4) <<NOTE: Determination.>> Opportunity for review.--
Upon receipt of a petition for review from an entity subject to,
and aggrieved by, an emergency order issued under this
subsection, the Secretary shall provide an opportunity for a
review of the order under section 554 of title 5 to determine
whether the order should remain in effect, be modified, or be
terminated.
``(5) <<NOTE: Time period. Determination.>> Expiration of
effectiveness order.--If a petition for review of an emergency
order is filed under paragraph (4) and an agency decision with
respect to the petition is not issued on or before the last day
of the 30-day period beginning on the date on which the petition
is filed, the order shall
[[Page 130 STAT. 526]]
cease to be effective on such day, unless the Secretary
determines in writing on or before the last day of such period
that the imminent hazard still exists.
``(6) Judicial review of orders.--
``(A) In general.--After completion of the review
process described in paragraph (4), or the issuance of a
written determination by the Secretary pursuant to
paragraph (5), an entity subject to, and aggrieved by,
an emergency order issued under this subsection may seek
judicial review of the order in a district court of the
United States and shall be given expedited
consideration.
``(B) Limitation.--The filing of a petition for
review under subparagraph (A) shall not stay or modify
the force and effect of the agency's final decision
under paragraph (4), or the written determination under
paragraph (5), unless stayed or modified by the
Secretary.
``(7) <<NOTE: Deadlines.>> Regulations.--
``(A) Temporary regulations.--Not later than 60 days
after the date of enactment of the PIPES Act of 2016,
the Secretary shall issue such temporary regulations as
are necessary to carry out this
subsection. <<NOTE: Expiration date.>> The temporary
regulations shall expire on the date of issuance of the
final regulations required under subparagraph (B).
``(B) Final regulations.--Not later than 270 days
after such date of enactment, the Secretary shall issue
such regulations as are necessary to carry out this
subsection. Such regulations shall ensure that the
review process described in paragraph (4) contains the
same procedures as subsections (d) and (g) of section
109.19 of title 49, Code of Federal Regulations, and is
otherwise consistent with the review process developed
under such section, to the greatest extent practicable
and not inconsistent with this section.
``(8) Imminent hazard defined.--In this subsection, the term
`imminent hazard' means the existence of a condition relating to
a gas or hazardous liquid pipeline facility that presents a
substantial likelihood that death, serious illness, severe
personal injury, or a substantial endangerment to health,
property, or the environment may occur before the reasonably
foreseeable completion date of a formal proceeding begun to
lessen the risk of such death, illness, injury, or endangerment.
``(9) Limitation and savings clause.--An emergency order
issued under this subsection may not be construed to--
``(A) alter, amend, or limit the Secretary's
obligations under, or the applicability of, section 553
of title 5; or
``(B) provide the authority to amend the Code of
Federal Regulations.''.
SEC. 17. STATE GRANT FUNDS.
Section 60107 of title 49, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Payments.--After notifying and consulting with a State
authority, the Secretary may withhold any part of a payment when the
Secretary decides that the authority is not carrying out satisfactorily
a safety program or not acting satisfactorily as an agent. The Secretary
may pay an authority under this section only when the authority ensures
the Secretary that it will provide the
[[Page 130 STAT. 527]]
remaining costs of a safety program, except when the Secretary waives
this requirement.''; and
(2) by adding at the end the following:
``(e) Repurposing of Funds.--If a State program's certification is
rejected under section 60105(f) or such program is otherwise suspended
or interrupted, the Secretary may use any undistributed, deobligated, or
recovered funds authorized under this section to carry out pipeline
safety activities for that State within the period of availability for
such funds.''.
SEC. 18. <<NOTE: 49 USC 60102 note.>> RESPONSE PLANS.
Each owner or operator of a hazardous liquid pipeline facility
required to prepare a response plan pursuant to part 194 of title 49,
Code of Federal Regulations, shall--
(1) consider the impact of a discharge into or on navigable
waters or adjoining shorelines, including those that may be
covered in whole or in part by ice; and
(2) <<NOTE: Procedures.>> include procedures and resources
for responding to such discharge in the plan.
SEC. 19. UNUSUALLY SENSITIVE AREAS.
(a) Areas To Be Included as Unusually Sensitive.--Section
60109(b)(2) of title 49, United States Code, is amended by striking
``have been identified as'' and inserting ``are part of the Great Lakes
or have been identified as coastal beaches, marine coastal waters,''.
(b) <<NOTE: 49 USC 60109 note.>> Unusually Sensitive Areas (USA)
Ecological Resources.--The Secretary of Transportation shall revise
section 195.6(b) of title 49, Code of Federal Regulations, to explicitly
state that the Great Lakes, coastal beaches, and marine coastal waters
are USA ecological resources for purposes of determining whether a
pipeline is in a high consequence area (as defined in section 195.450 of
such title).
SEC. 20. PIPELINE SAFETY TECHNICAL ASSISTANCE GRANTS.
(a) Public Participation Limitation.--Section 60130(a)(4) of title
49, United States Code, is amended by inserting ``on technical pipeline
safety issues'' after ``public participation''.
(b) <<NOTE: Deadline. Reports.>> Audit.--Not later than 180 days
after the date of enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Secretary of
Transportation, the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of Representatives,
and the Committee on Commerce, Science, and Transportation of the Senate
a report evaluating the grant program under section 60130 of title 49,
United States Code. The report shall include--
(1) <<NOTE: List.>> a list of the recipients of all grant
funds during fiscal years 2010 through 2015;
(2) a description of how each grant was used;
(3) <<NOTE: Analysis.>> an analysis of the compliance with
the terms of grant agreements, including subsections (a) and (b)
of such section;
(4) <<NOTE: Evaluation.>> an evaluation of the competitive
process used to award the grant funds; and
(5) <<NOTE: Evaluation.>> an evaluation of--
(A) the ability of the Pipeline and Hazardous
Materials Safety Administration to oversee grant funds
and usage; and
(B) the procedures used for such oversight.
[[Page 130 STAT. 528]]
SEC. 21. STUDY OF MATERIALS AND CORROSION PREVENTION IN PIPELINE
TRANSPORTATION.
(a) <<NOTE: Deadline.>> In General.--Not later than 2 years after
the date of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a study on materials, training, and
corrosion prevention technologies for gas and hazardous liquid pipeline
facilities.
(b) Requirements.--The study required under subsection (a) shall
include--
(1) <<NOTE: Analysis.>> an analysis of--
(A) the range of piping materials, including plastic
materials, used to transport hazardous liquids and
natural gas in the United States and in other developed
countries around the world;
(B) the types of technologies used for corrosion
prevention, including coatings and cathodic protection;
(C) common causes of corrosion, including interior
and exterior moisture buildup and impacts of moisture
buildup under insulation; and
(D) the training provided to personnel responsible
for identifying and preventing corrosion in pipelines,
and for repairing such pipelines;
(2) the extent to which best practices or guidance relating
to pipeline facility design, installation, operation, and
maintenance, including training, are available to recognize or
prevent corrosion;
(3) <<NOTE: Analysis.>> an analysis of the estimated costs
and anticipated benefits, including safety benefits, associated
with the use of such materials and technologies; and
(4) stakeholder and expert perspectives on the effectiveness
of corrosion control techniques to reduce the incidence of
corrosion-related pipeline failures.
SEC. 22. RESEARCH AND DEVELOPMENT.
(a) <<NOTE: Deadline. Reports.>> In General.--Not later than 18
months after the date of enactment of this Act, the Inspector General of
the Department of Transportation shall submit to the Committee on
Transportation and Infrastructure, the Committee on Energy and Commerce,
and the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report regarding the Pipeline and
Hazardous Materials Safety Administration's research and development
program carried out under section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note). <<NOTE: Evaluation.>> The report
shall include an evaluation of--
(1) compliance with the consultation requirement under
subsection (d)(2) of such section;
(2) the extent to which the Pipeline and Hazardous Materials
Safety Administration enters into joint research ventures with
Federal and non-Federal entities, and benefits thereof;
(3) the policies and procedures the Pipeline and Hazardous
Materials Safety Administration has put in place to ensure there
are no conflicts of interest with administering grants
[[Page 130 STAT. 529]]
pursuant to the program, and whether those policies and
procedures are being followed; and
(4) an evaluation of the outcomes of research conducted with
Federal and non-Federal entities and the degree to which such
outcomes have been adopted or utilized.
(b) Collaborative Safety Research Report.--
(1) Biennial reports.--Section 60124(a)(6) of title 49,
United States Code, is amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) a summary of each research and development
project carried out with Federal and non-Federal
entities pursuant to section 12 of the Pipeline Safety
Improvement Act of 2002 and a review of how the project
affects safety.''.
(2) Pipeline safety improvement act.--Section 12 of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note)
is amended--
(A) by striking subsection (d)(3)(C) and inserting
the following:
``(C) Funding from non-federal sources.--The
Secretary shall ensure that--
``(i) at least 30 percent of the costs of
technology research and development activities may
be carried out using non-Federal sources;
``(ii) at least 20 percent of the costs of
basic research and development with universities
may be carried out using non-Federal sources; and
``(iii) up to 100 percent of the costs of
research and development for purely governmental
purposes may be carried out using Federal
funds.''; and
(B) by adding at the end the following:
``(h) <<NOTE: Deadline.>> Independent Experts.--Not later than 180
days after the date of enactment of the PIPES Act of 2016, the Secretary
shall--
``(1) <<NOTE: Procedures.>> implement processes and
procedures to ensure that activities listed under subsection
(c), to the greatest extent practicable, produce results that
are peer-reviewed by independent experts and not by persons or
entities that have a financial interest in the pipeline,
petroleum, or natural gas industries, or that would be directly
impacted by the results of the projects; and
``(2) <<NOTE: Reports.>> submit to the Committee on
Transportation and Infrastructure, the Committee on Energy and
Commerce, and the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing
the processes and procedures implemented under paragraph (1).
``(i) <<NOTE: Notification.>> Conflict of Interest.--The Secretary
shall take all practical steps to ensure that each recipient of an
agreement under this section discloses in writing to the Secretary any
conflict of interest on a research and development project carried out
under this section, and includes any such disclosure as part of the
final deliverable pursuant to such agreement. The Secretary may not make
an award under this section directly to a pipeline owner
[[Page 130 STAT. 530]]
or operator that is regulated by the Pipeline and Hazardous Materials
Safety Administration or a State-certified regulatory authority if there
is a conflict of interest relating to such owner or operator.''.
SEC. 23. <<NOTE: Deadline. Advisory bulletin.>> ACTIVE AND
ABANDONED PIPELINES.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Transportation shall issue an advisory bulletin to owners
and operators of gas or hazardous liquid pipeline facilities and Federal
and State pipeline safety personnel regarding procedures of the Pipeline
and Hazardous Materials Safety Administration required to change the
status of a pipeline facility from active to abandoned, including
specific guidance on the terms recognized by the Secretary for each
pipeline status referred to in such advisory bulletin.
SEC. 24. STATE PIPELINE SAFETY AGREEMENTS.
(a) <<NOTE: Deadline.>> Study.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General of the United
States shall complete a study on State pipeline safety agreements made
pursuant to section 60106 of title 49, United States Code. Such study
shall consider the following:
(1) The integration of Federal and State or local
authorities in carrying out activities pursuant to an agreement
under such section.
(2) The estimated staff and other resources used by Federal
and State authorities in carrying out inspection activities
pursuant to agreements under such section.
(3) The estimated staff and other resources used by the
Pipeline and Hazardous Materials Safety Administration in
carrying out interstate inspections in areas where there is no
interstate agreement with a State pursuant to such section.
(b) Notice Requirement for Denial.--Section 60106(b) of title 49,
United States Code, is amended by adding at the end the following:
``(4) Notice upon denial.--If a State authority requests an
interstate agreement under this section and the Secretary denies
such request, the Secretary shall provide written notification
to the State authority of the denial that includes an
explanation of the reasons for such denial.''.
SEC. 25. REQUIREMENTS FOR CERTAIN HAZARDOUS LIQUID PIPELINE
FACILITIES.
Section 60109 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Hazardous Liquid Pipeline Facilities.--
``(1) <<NOTE: Applicability.>> Integrity assessments.--
Notwithstanding any pipeline integrity management program or
integrity assessment schedule otherwise required by the
Secretary, each operator of a pipeline facility to which this
subsection applies shall ensure that pipeline integrity
assessments--
``(A) <<NOTE: Deadline.>> using internal inspection
technology appropriate for the integrity threat are
completed not less often than once every 12 months; and
``(B) using pipeline route surveys, depth of cover
surveys, pressure tests, external corrosion direct
assessment, or other technology that the operator
demonstrates can further the understanding of the
condition of the pipeline facility are completed on a
schedule based on the risk
[[Page 130 STAT. 531]]
that the pipeline facility poses to the high consequence
area in which the pipeline facility is located.
``(2) Application.--This subsection shall apply to any
underwater hazardous liquid pipeline facility located in a high
consequence area--
``(A) that is not an offshore pipeline facility; and
``(B) any portion of which is located at depths
greater than 150 feet under the surface of the water.
``(3) High consequence area defined.--For purposes of this
subsection, the term `high consequence area' has the meaning
given that term in section 195.450 of title 49, Code of Federal
Regulations.
``(4) <<NOTE: Determination. Applicability.>> Inspection
and enforcement.--The Secretary shall conduct inspections under
section 60117(c) to determine whether each operator of a
pipeline facility to which this subsection applies is complying
with this section.''.
SEC. 26. STUDY ON PROPANE GAS PIPELINE FACILITIES.
(a) <<NOTE: Contracts.>> In General.--The Secretary of
Transportation shall enter into an agreement with the Transportation
Research Board of the National Academies to conduct a study examining
the safety, regulatory requirements, techniques, and best practices
applicable to pipeline facilities that transport or store only petroleum
gas or mixtures of petroleum gas and air to 100 or fewer customers, in
accordance with the requirements of this section.
(b) Requirements.--In conducting the study pursuant to subsection
(a), the Transportation Research Board shall analyze--
(1) Federal, State, and local regulatory requirements
applicable to pipeline facilities described in subsection (a);
(2) techniques and best practices relating to the design,
installation, operation, and maintenance of such pipeline
facilities; and
(3) the costs and benefits, including safety benefits,
associated with such applicable regulatory requirements and the
use of such techniques and best practices.
(c) <<NOTE: Consultation.>> Participation.--In conducting the study
pursuant to subsection (a), the Transportation Research Board shall
consult with Federal, State, and local governments, private sector
entities, and consumer and pipeline safety advocates, as appropriate.
(d) <<NOTE: Recommenda- tions.>> Deadline.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the results of the
study conducted pursuant to subsection (a) and any recommendations for
improving the safety of such pipeline facilities.
(e) Definition.--In this section, the term ``petroleum gas'' has the
meaning given that term in section 192.3 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this Act.
SEC. 27. STANDARDS FOR CERTAIN LIQUEFIED NATURAL GAS PIPELINE
FACILITIES.
(a) National Security.--Section 60103(a) of title 49, United States
Code, is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
[[Page 130 STAT. 532]]
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) national security.''.
(b) <<NOTE: Review. 49 USC 60103 note.>> Update to Minimum Safety
Standards.--The Secretary of Transportation shall review and update the
minimum safety standards prescribed pursuant to section 60103 of title
49, United States Code, for permanent, small scale liquefied natural gas
pipeline facilities.
(c) Savings Clause.--Nothing in this section shall be construed to
limit the Secretary's authority under chapter 601 of title 49, United
States Code, to regulate liquefied natural gas pipeline facilities.
SEC. 28. <<NOTE: Deadline. Reports. Assessment.>> PIPELINE
ODORIZATION STUDY.
Not later than 2 years after the date of the enactment of this Act,
the Comptroller General of the United States shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives that assesses--
(1) the feasibility, costs, and benefits of odorizing all
combustible gas in pipeline transportation; and
(2) the affects of the odorization of all combustible gas in
pipeline transportation on--
(A) manufacturers, agriculture, and other end users;
and
(B) public health and safety.
SEC. 29. <<NOTE: 49 USC 60108 note.>> REPORT ON NATURAL GAS LEAK
REPORTING.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Pipeline and Hazardous
Materials Safety Administration shall submit to Congress a report on the
metrics provided to the Pipeline and Hazardous Materials Safety
Administration and other Federal and State agencies related to lost and
unaccounted for natural gas from distribution pipelines and systems.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An examination of different reporting requirements or
standards for lost and unaccounted for natural gas to different
agencies, the reasons for any such discrepancies, and
recommendations for harmonizing and improving the accuracy of
reporting.
(2) <<NOTE: Analysis.>> An analysis of whether separate or
alternative reporting could better measure the amounts and
identify the location of lost and unaccounted for natural gas
from natural gas distribution systems.
(3) A description of potential safety issues associated with
natural gas that is lost and unaccounted for from natural gas
distribution systems.
(4) <<NOTE: Assessment.>> An assessment of whether
alternate reporting and measures will resolve any safety issues
identified under paragraph (3), including an analysis of the
potential impact, including potential savings, on rate payers
and end users of natural gas products of such reporting and
measures.
[[Page 130 STAT. 533]]
(c) <<NOTE: Determination. Regulations.>> Consideration of
Recommendations.--If the Administrator determines that alternate
reporting structures or recommendations included in the report required
under subsection (a) would significantly improve the reporting and
measurement of lost and unaccounted for gas and safety of natural gas
distribution systems, the Administrator shall, not later than 1 year
after making such determination, issue regulations, as the Administrator
determines appropriate, to implement the recommendations.
SEC. 30. <<NOTE: 49 USC 60108 note.>> REVIEW OF STATE POLICIES
RELATING TO NATURAL GAS LEAKS.
(a) Review.--The Administrator of the Pipeline and Hazardous
Materials Safety Administration shall conduct a State-by-State review of
State-level policies that--
(1) encourage the repair and replacement of leaking natural
gas distribution pipelines or systems that pose a safety threat,
such as timelines to repair leaks and limits on cost recovery
from ratepayers; and
(2) may create barriers for entities to conduct work to
repair and replace leaking natural gas pipelines or distribution
systems.
(b) <<NOTE: Recommenda- tions.>> Report.--Not later than 1 year
after the date of the enactment of this Act, the Administrator shall
submit to the Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report containing the findings of the review conducted under subsection
(a) and recommendations on Federal or State policies or best practices
to improve safety by accelerating the repair and replacement of natural
gas pipelines or systems that are leaking or releasing natural gas. The
report shall consider the potential impact, including potential savings,
of the implementation of such recommendations on ratepayers or end users
of the natural gas pipeline system.
(c) <<NOTE: Determination. Coordination. Regulations.>>
Implementation of Recommendations.--If the Administrator determines that
the recommendations made under subsection (b) would significantly
improve pipeline safety, the Administrator shall, not later than 1 year
after making such determination, and in coordination with the heads of
other relevant agencies as appropriate, issue regulations, as the
Administrator determines appropriate, to implement the recommendations.
SEC. 31. ALISO CANYON NATURAL GAS LEAK TASK FORCE.
(a) <<NOTE: Deadline.>> Establishment of Task Force.--Not later
than 15 days after the date of enactment of this Act, the Secretary of
Energy shall lead and establish an Aliso Canyon natural gas leak task
force.
(b) Membership of Task Force.--In addition to the Secretary, the
task force established under subsection (a) shall be composed of--
(1) 1 representative from the Department of Transportation;
(2) 1 representative from the Department of Health and Human
Services;
(3) 1 representative from the Environmental Protection
Agency;
(4) 1 representative from the Department of the Interior;
(5) 1 representative from the Department of Commerce;
[[Page 130 STAT. 534]]
(6) 1 representative from the Federal Energy Regulatory
Commission; and
(7) representatives of State and local governments, as
determined appropriate by the Secretary and the Administrator.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the task force established under
subsection (a) shall submit a final report that contains the
information described in paragraph (2) to--
(A) the Committee on Energy and Natural Resources of
the Senate;
(B) the Committee on Natural Resources of the House
of Representatives;
(C) the Committee on Environment and Public Works of
the Senate;
(D) the Committee on Transportation and
Infrastructure of the House of Representatives;
(E) the Committee on Commerce, Science, and
Transportation of the Senate;
(F) the Committee on Energy and Commerce of the
House of Representatives;
(G) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(H) the Committee on Education and the Workforce of
the House of Representatives;
(I) the President; and
(J) relevant Federal and State agencies.
(2) <<NOTE: Analysis. Recommenda- tions.>> Information
included.--The report submitted under paragraph (1) shall
include--
(A) an analysis and conclusion of the cause and
contributing factors of the Aliso Canyon natural gas
leak;
(B) an analysis of measures taken to stop the
natural gas leak, with an immediate focus on other, more
effective measures that could be taken;
(C) <<NOTE: Assessment.>> an assessment of the
impact of the natural gas leak on--
(i) health, safety, and the environment;
(ii) wholesale and retail electricity prices;
and
(iii) the reliability of the bulk-power
system;
(D) an analysis of how Federal, State, and local
agencies responded to the natural gas leak;
(E) in order to lessen the negative impacts of leaks
from underground natural gas storage facilities,
recommendations on how to improve--
(i) the response to a future leak; and
(ii) coordination between all appropriate
Federal, State, and local agencies in the response
to the Aliso Canyon natural gas leak and future
natural gas leaks;
(F) an analysis of the potential for a similar
natural gas leak to occur at other underground natural
gas storage facilities in the United States;
(G) recommendations on how to prevent any future
natural gas leaks;
(H) recommendations regarding Aliso Canyon and other
underground natural gas storage facilities located in
close proximity to residential populations;
[[Page 130 STAT. 535]]
(I) any recommendations on information that is not
currently collected but that would be in the public
interest to collect and distribute to agencies and
institutions for the continued study and monitoring of
natural gas storage infrastructure in the United States;
and
(J) any other recommendations, as appropriate.
(3) <<NOTE: Public information. Electronic
format. Submission.>> Publication.--The final report under
paragraph (1) shall be made available to the public in an
electronically accessible format.
(4) Findings.--If, before the final report is submitted
under paragraph (1), the task force established under subsection
(a) finds methods to solve the natural gas leak at Aliso Canyon,
finds methods to better protect the affected communities, or
finds methods to help prevent other leaks, the task force shall
immediately submit such findings to the entities described in
subparagraphs (A) through (J) of paragraph (1).
Approved June 22, 2016.
LEGISLATIVE HISTORY--S. 2276:
---------------------------------------------------------------------------
SENATE REPORTS: No. 114-209 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Mar. 3, considered and passed Senate.
June 8, considered and passed House, amended.
June 13, Senate concurred in House amendment.
<all>