S. 2299 — what changed

“(a) Gas and hazardous liquid

“(1) In general—From fees collected under section 60301, there are authorized to be appropriated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid—

“(A) $147,000,000 for fiscal year 2020, of which—

“(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and

“(ii) $60,000,000 shall be used for making grants;

“(B) $151,000,000 for fiscal year 2021, of which—

“(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and

“(ii) $63,000,000 shall be used for making grants;

“(C) $155,000,000 for fiscal year 2022, of which—

“(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and

“(ii) $66,000,000 shall be used for making grants; and

“(D) $159,000,000 for fiscal year 2023, of which—

“(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and

“(ii) $69,000,000 shall be used for making grants.

“(2) Trust Fund amounts—In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated from the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to hazardous liquid—

“(A) $25,000,000 for fiscal year 2020, of which—

“(i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and

“(ii) $10,000,000 shall be used for making grants;

“(B) $26,000,000 for fiscal year 2021, of which—

“(i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and

“(ii) $11,000,000 shall be used for making grants;

“(C) $27,000,000 for fiscal year 2022, of which—

“(i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and

“(ii) $12,000,000 shall be used for making grants; and

“(D) $28,000,000 for fiscal year 2023, of which—

“(i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and

“(ii) $13,000,000 shall be used for making grants.

“(3) Underground natural gas storage facility safety account—From fees collected under section 60302, there is authorized to be appropriated to the Secretary to carry out section 60141 $8,000,000 for each of fiscal years 2020 through 2023.”

“(1) $24,000,000 for fiscal year 2020.

“(2) $25,000,000 for fiscal year 2021.

“(3) $26,000,000 for fiscal year 2022.

“(4) $27,000,000 for fiscal year 2023.”

“(c) Funding

added “(1) In general—Out of amounts made available under section 2(b) of the PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515), the Secretary shall use $1,500,000 for each of fiscal years 2020 through 2023 to carry out this section.

removed “(1) In general—Out of amounts made available under section 2(b) of the PIPES Act of 2016, the Secretary shall use $1,500,000 for each of fiscal years 2020 through 2023 to carry out this section.

“(2) Limitation—Any amounts used to carry out this section shall not be derived from user fees collected under section 60301.”

added “60303. Fees for compliance reviews of liquefied natural gas facilities

added “(a) Imposition of fee

added “(1) In general—The Secretary of Transportation (referred to in this section as the Secretary) 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 $2,500,000,000 a fee for the necessary expenses of a review, if any, that the Secretary conducts, in connection with that application, to determine compliance with subpart B of part 193 of title 49, Code of Federal Regulations (or successor regulations).

added “(2) Relation to other review—The Secretary may not impose fees under paragraph (1) and section 60117(o) or 60301(b) for the same compliance review described in paragraph (1).

added “(b) Means of collection

added “(1) In general—The Secretary shall prescribe procedures to collect fees under this section.

added “(2) Use of government entities—The Secretary may—

added “(A) use a department, agency, or instrumentality of the Federal Government or of a State or local government to collect fees under this section; and

added “(B) reimburse that department, agency, or instrumentality a reasonable amount for the services provided.

added “(c) Account—There is established an account, to be known as the “Liquefied Natural Gas Siting Account”, in the Pipeline Safety Fund established in the Treasury of the United States under section 60301.”

removed Section 60302(c) of title 49, United States Code, is amended—

removed “(C) may only be used to the extent provided in advance in an appropriations Act.”

removed “(d) Limitation—The amount of a fee imposed under subsection (a) shall be sufficient to pay the costs of activities referred to in subsection (c), subject to the limitation that the total amount of fees collected for a fiscal year under subsection (b) may not be more than 105 percent of the total amount of the appropriations made for the fiscal year for activities to be financed by the fees.”

changed “60303. Fees for compliance reviews of liquefied natural gas facilities“60142. Pipeline safety enhancement programs

changed “(a) Imposition In general—The Secretary may establish and carry out limited safety-enhancing testing programs during the period of feefiscal years 2020 through 2026 to evaluate innovative technologies and operational practices testing the safe operation of—

changed “(1) In general—The Secretary of Transportation (referred to in this section as the Secretary) 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 $2,500,000,000 a fee for the necessary expenses of a review, if any, that the Secretary conducts, in connection with that application, to determine compliance with subpart B of part 193 of title 49, Code of Federal Regulations (or successor regulations).pipeline facility; or

changed “(2) Relation to other review—The Secretary may not impose fees under paragraph (1) and section 60117(o) or 60301(b) for the same compliance review described in paragraph (1).a hazardous liquid pipeline facility.

changed “(b) Means of collectionLimitations

changed “(1) In general—The Secretary shall prescribe procedures to collect fees under this section.general—Such testing programs may not exceed—

changed “(2) Use “(A) 5 percent of government entities—The Secretary may—the total miles of hazardous liquid pipelines in the United States; and

changed “(A) use a department, agency, or instrumentality “(B) 5 percent of the Federal Government or total miles of a State or local government to collect fees under this section; andnatural gas pipelines in the United States.

changed “(B) reimburse that department, agency, or instrumentality “(2) High population areas—Any program established under subsection (a) shall not be located in a reasonable amount for the services provided.high population area (as defined in section 195.450 of title 49, Code of Federal Regulations).

changed “(c) Account—There is Duration—The term of a testing program established an account, to under subsection (a) shall be known as the “Liquefied Natural Gas Siting Account”, in the Pipeline Safety Fund established in not more than a period of 4 years beginning on the Treasury date of approval of the United States under section 60301.”program.

added “(d) Safety standards

added “(1) In general—The Secretary shall require, as a condition of approval of a testing program under subsection (a), that the safety measures in the testing program are designed to achieve a level of safety that is greater than, or equivalent to, the level of safety required by this chapter.

added “(2) Determination

added “(A) In general—The Secretary may issue an order under subparagraph (A) of section 60118(c)(1) to accomplish the purpose of a testing program for a term not to exceed the time period described in subsection (c) if the condition described in paragraph (1) is met, as determined by the Secretary.

added “(B) Limitation—An order under subparagraph (A) shall pertain only to those regulations that would otherwise prevent the use of the safety technology to be tested under the testing program.

added “(e) Considerations—In establishing a testing program under subsection (a), the Secretary shall consider—

added “(1) whether the owners or operators participating in the program have a safety management system in place; and

added “(2) whether the proposed safety technology has been tested through a research and development program carried out by—

added “(A) the Secretary;

added “(B) collaborative research development organizations; or

added “(C) other institutions.

added “(f) Data and findings—As a participant in a testing program established under subsection (a), an operator shall submit to the Secretary detailed findings and a summary of data collected as a result of participation in the testing program.

added “(g) Authority to revoke participation—The Secretary shall immediately revoke participation in a testing program under subsection (a) if—

added “(1) the participant fails to comply with the terms and conditions of the testing program; or

added “(2) in the determination of the Secretary, continued participation in the testing program by the participant would be unsafe or would not be consistent with the goals and objectives of this chapter.

added “(h) Authority to terminate program—The Secretary shall immediately terminate a testing program under subsection (a) if continuation of the testing program would not be consistent with the goals and objectives of this chapter.

added “(i) State rights

added “(1) Exemption—Except as provided in paragraph (2), if a State submits to the Secretary notice that the State requests an exemption from any testing program considered for establishment under this section, the State shall be exempt.

added “(2) Limitations

added “(A) In general—The Secretary shall not grant a requested exemption under paragraph (1) after a testing program is established.

added “(B) Late notice—The Secretary shall not grant a requested exemption under paragraph (1) if the notice submitted under that paragraph is submitted to the Secretary more than 10 days after the date on which the Secretary issues an order providing an effective date for the testing program.

added “(3) Effect—If a State has not submitted a notice requesting an exemption under paragraph (1), the State shall not enforce any law (including regulations) that is inconsistent with a testing program in effect in the State under this section.

added “(j) Program review process and public notice

added “(1) In general—The Secretary shall publish in the Federal Register and send directly to each relevant State authority with a certification in effect under section 60105 a notice of each testing program under subsection (a), including the order to be considered, and provide an opportunity for public comment for not less than 90 days.

added “(2) 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 (1), the Secretary shall respond to each comment submitted under that paragraph.

added “(k) Report to Congress—At the conclusion of each testing program, the Secretary shall make publicly available on the website of the Department of Transportation a report containing—

added “(1) the findings and conclusions of the Secretary with respect to the testing program; and

added “(2) any recommendations of the Secretary with respect to the testing program, including any recommendations for amendments to laws (including regulations) and the establishment of standards, that—

added “(A) would enhance the safe operation of interstate gas or hazardous liquid pipeline facilities; and

added “(B) are technically, operationally, and economically feasible.

added “(l) Standards—If a report under subsection (k) indicates that it is practicable to establish technically, operationally, 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 report, the Secretary, as soon as practicable after submission of the report, may promulgate regulations consistent with chapter 5 of title 5 (commonly known as the “Administrative Procedures Act”) that—

added “(1) allow operators of interstate gas or hazardous liquid pipeline facilities to use the relevant technology or practice to the extent practicable; and

added “(2) establish technically, operationally, and economically feasible standards for the capability and deployment of the technology or practice.”

added Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report relating to—

removed “60142. Pipeline safety enhancement programs

removed “(a) In general—The Secretary may establish and carry out limited safety-enhancing testing programs during the period of fiscal years 2020 through 2026 to evaluate innovative technologies and operational practices testing the safe operation of—

removed “(1) a natural gas pipeline facility; or

removed “(2) a hazardous liquid pipeline facility.

removed “(b) Limitations

removed “(1) In general—Such testing programs may not exceed—

removed “(A) 5 percent of the total miles of hazardous liquid pipelines in the United States; and

removed “(B) 5 percent of the total miles of natural gas pipelines in the United States.

removed “(2) High population areas—Any program established under subsection (a) shall not be located in a high population area (as defined in section 195.450 of title 49, Code of Federal Regulations).

removed “(c) Duration—The term of a testing program established under subsection (a) shall be not more than a period of 4 years beginning on the date of approval of the program.

removed “(d) Safety standards

removed “(1) In general—The Secretary shall require, as a condition of approval of a testing program under subsection (a), that the safety measures in the testing program are designed to achieve a level of safety that is greater than, or equivalent to, the level of safety required by this chapter.

removed “(2) Determination

removed “(A) In general—The Secretary may issue an order under subparagraph (A) of section 60118(c)(1) to accomplish the purpose of a testing program for a term not to exceed the time period described in subsection (c) if the condition described in paragraph (1) is met, as determined by the Secretary.

removed “(B) Limitation—An order under subparagraph (A) shall pertain only to those regulations that would otherwise prevent the use of the safety technology to be tested under the testing program.

removed “(e) Considerations—In establishing a testing program under subsection (a), the Secretary shall consider—

removed “(1) whether the owners or operators participating in the program have a safety management system in place;

removed “(2) whether the proposed safety technology has been tested through a research and development program carried out by—

removed “(A) the Secretary;

removed “(B) collaborative research development organizations; or

removed “(C) other institutions; and

removed “(3) whether the pipeline segments tested by the program are outside of a high population area (as defined in section 195.450 of title 49, Code of Federal Regulations).

removed “(f) Data and findings—As a participant in a testing program established under subsection (a), an operator shall submit to the Secretary detailed findings and a summary of data collected as a result of participation in the testing program.

removed “(g) Authority To revoke participation—The Secretary shall immediately revoke participation in a testing program under subsection (a) if—

removed “(1) the participant fails to comply with the terms and conditions of the testing program; or

removed “(2) in the determination of the Secretary, continued participation in the testing program by the participant would be unsafe or would not be consistent with the goals and objectives of this chapter.

removed “(h) Authority To terminate program—The Secretary shall immediately terminate a testing program under subsection (a) if continuation of the testing program would not be consistent with the goals and objectives of this chapter.

removed “(i) State rights

removed “(1) Exemption—Except as provided in paragraph (2), if a State submits to the Secretary notice that the State requests an exemption from any testing program considered for establishment under this section, the State shall be exempt.

removed “(2) Limitations

removed “(A) In general—The Secretary shall not grant a requested exemption under paragraph (1) after a testing program is established.

removed “(B) Late notice—The Secretary shall not grant a requested exemption under paragraph (1) if the notice submitted under that paragraph is submitted to the Secretary more than 10 days after the date on which the Secretary issues an order providing an effective date for the testing program.

removed “(3) Effect—If a State has not submitted a notice requesting an exemption under paragraph (1), the State shall not enforce any law (including regulations) that is inconsistent with a testing program in effect in the State under this section.

removed “(j) Program review process and public notice

removed “(1) In general—The Secretary shall publish in the Federal Register a notice of each testing program under subsection (a), including the order to be considered, and provide an opportunity for public comment for not less than 60 days.

removed “(2) 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 (1), the Secretary shall respond to each comment submitted under that paragraph.

removed “(k) Report to Congress—At the conclusion of each testing program, the Secretary shall make publicly available on the website of the Department of Transportation a report containing—

removed “(1) the findings and conclusions of the Secretary with respect to the testing program; and

removed “(2) any recommendations of the Secretary with respect to the testing program, including any recommendations for amendments to laws (including regulations) and the establishment of standards, that—

removed “(A) would enhance the safe operation of interstate gas or hazardous liquid pipeline facilities; and

removed “(B) are technically, operationally, and economically feasible.

removed “(l) Standards—If a report under subsection (k) indicates that it is practicable to establish technically, operationally, 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 report, the Secretary, as soon as practicable after submission of the report, may promulgate regulations consistent with chapter 5 of title 5 (commonly known as the “Administrative Procedures Act”) that—

removed “(1) allow operators of interstate gas or hazardous liquid pipeline facilities to use the relevant technology or practice to the extent practicable; and

removed “(2) establish technically, operationally, and economically feasible standards for the capability and deployment of the technology or practice.”

removed Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Science, Space, and Technology of the House of Representatives a report relating to—

added Section 60122(b)(1) of title 49, United States Code, is amended—

added “(D) self-disclosure and correction of violations, or actions to correct a violation, prior to discovery by the Pipeline and Hazardous Materials Safety Administration; and”

added “(b) Enforcement and regulatory procedures

added “(1) Request for formal hearing—On request of a respondent in an enforcement or regulatory proceeding under this chapter, a hearing shall be held in accordance with section 554 of title 5.

added “(2) Administrative law judge—A hearing under paragraph (1) shall be conducted by an administrative law judge appointed under section 3105 of title 5.

added “(3) Open to the public

added “(A) Hearings—A hearing under paragraph (1) shall be—

added “(i) noticed to the public—

added “(I) on the website of the Pipeline and Hazardous Materials Safety Administration; and

added “(II) in the Federal Register; and

added “(ii) open to the public.

added “(B) Agreements, orders, and judgments—A consent agreement, consent order, order, or judgment resulting from a hearing under paragraph (1) shall be made available to the public on the website of the Pipeline and Hazardous Materials Safety Administration.

added “(4) Procedures—In implementing enforcement and regulatory procedures under this chapter, the Secretary shall—

added “(A) allow the use of a consent agreement and consent order to resolve any matter of fact or law asserted;

added “(B) allow the respondent and the agency to convene 1 or more meetings—

added “(i) for settlement or simplification of the issues; or

added “(ii) to aid in the disposition of issues;

added “(C) require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted;

added “(D) require that a recommended decision be made available to the respondent when issued;

added “(E) allow a respondent to reply to any post-hearing submission;

added “(F) allow a respondent to request—

added “(i) that a hearing be held, and a recommended decision and order issued, on an expedited basis; or

added “(ii) that a hearing not commence for a period of not less than 90 days;

added “(G) require that the agency have the burden of proof, presentation, and persuasion in any enforcement matter;

added “(H) require that any recommended decision and order contain findings of fact and conclusions of law;

added “(I) require the Associate Administrator of the Office of Pipeline Safety to file a post-hearing recommendation not later than 30 days after the deadline for any post-hearing submission of a respondent;

added “(J) require an order on a petition for reconsideration to be issued not later than 120 days after the date on which the petition is filed; and

added “(K) allow an operator to request that an issue of controversy or uncertainty be addressed through a declaratory order in accordance with section 554(e) of title 5, which order shall be issued not later than 120 days after the date on which a request is made.

added “(5) Savings clause—Nothing in this subsection alters the procedures applicable to an emergency order under subsection (p).”

removed Section 60122(b)(1) of title 49, United States Code, is amended—

removed “(D) self-disclosure and correction of violations, or actions to correct a violation, prior to discovery by the Pipeline and Hazardous Materials Safety Administration; and”

added “60143. Idled pipelines

added “(a) Definition of idled—In this section, the term idled, with respect to a pipeline, means that the pipeline—

added “(1)

added “(A) has ceased normal operations; and

added “(B) will not resume service for a period of not less than 180 days;

added “(2) has been isolated from all sources of hazardous liquid, natural gas, or other gas; and

added “(3)

added “(A) has been purged of combustibles and hazardous materials and maintains a blanket of inert, nonflammable gas at low pressure; or

added “(B) has not been purged as described in subparagraph (A), but the volume of gas is so small that there is no potential hazard.

added “(b) Rulemaking

added “(1) In general—Not later than 2 years after the date of enactment of the PIPES Act of 2020, the Secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to idled natural or other gas transmission and hazardous liquid pipelines.

added “(2) Requirements

added “(A) In general—The applicability of the regulations under paragraph (1) shall be based on the risk that idled natural or other gas transmission and hazardous liquid pipelines pose to the public, property, and the environment, and shall include requirements to resume operation.

added “(B) 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 materials, if required under subsection (a).

added “(C) Requirements for reinspection—The Secretary shall determine the requirements for periodic reinspection of idled natural or other gas transmission and hazardous liquid pipelines.”

removed “(b) Enforcement and regulatory procedures

removed “(1) Request for formal hearing—On request of a respondent in an enforcement or regulatory proceeding under this chapter, a hearing shall be held in accordance with section 554 of title 5.

removed “(2) Administrative law judge—A hearing under paragraph (1) shall be conducted by an administrative law judge appointed under section 3105 of title 5.

removed “(3) Open to the public

removed “(A) Hearings—A hearing under paragraph (1) shall be—

removed “(i) noticed to the public—

removed “(I) on the website of the Pipeline and Hazardous Materials Safety Administration; and

removed “(II) in the Federal Register; and

removed “(ii) open to the public.

removed “(B) Agreements, orders, and judgments—A consent agreement, consent order, order, or judgment resulting from a hearing under paragraph (1) shall be made available to the public on the website of the Pipeline and Hazardous Materials Safety Administration.

removed “(4) Procedures—In implementing enforcement and regulatory procedures under this chapter, the Secretary shall—

removed “(A) allow the use of a consent agreement and consent order to resolve any matter of fact or law asserted;

removed “(B) allow the respondent and the agency to convene 1 or more meetings—

removed “(i) for settlement or simplification of the issues; or

removed “(ii) to aid in the disposition of issues;

removed “(C) require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted;

removed “(D) require that a recommended decision be made available to the respondent when issued;

removed “(E) allow a respondent to reply to any post-hearing submission;

removed “(F) allow a respondent to request—

removed “(i) that a hearing be held, and a recommended decision and order issued, on an expedited basis; or

removed “(ii) that a hearing not commence for a period of not less than 90 days;

removed “(G) require that the agency have the burden of proof, presentation, and persuasion in any enforcement matter;

removed “(H) require that any recommended decision and order contain findings of fact and conclusions of law;

removed “(I) require the Associate Administrator of the Office of Pipeline Safety to file a post-hearing recommendation not later than 30 days after the deadline for any post-hearing submission of a respondent;

removed “(J) require an order on a petition for reconsideration to be issued not later than 120 days after the date on which the petition is filed; and

removed “(K) allow a respondent to request that an issue of controversy or uncertainty be addressed through a declaratory order in accordance with section 554(e) of title 5, which order shall be issued not later than 120 days after the date on which a request is made.

removed “(5) Savings clause—Nothing in this subsection alters the procedures applicable to an emergency order under subsection (p).”

added Section 60103(a) of title 49, United States Code, is amended—

removed “60143. Idled pipelines

removed “(a) Definition of idled—In this section, the term idled, with respect to a pipeline, means that the pipeline—

removed “(1)

removed “(A) has ceased normal operations; and

removed “(B) will not resume service for a period of not less than 180 days;

removed “(2) has been isolated from all sources of hazardous liquid, natural gas, or other gas; and

removed “(3)

removed “(A) has been purged of combustibles and hazardous materials and maintains a blanket of inert, nonflammable gas at low pressure; or

removed “(B) has not been purged as described in subparagraph (A), but the volume of gas is so small that there is no potential hazard.

removed “(b) Rulemaking

removed “(1) In general—Not later than 2 years after the date of enactment of the PIPES Act of 2019, the Secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to idled natural or other gas transmission and hazardous liquid pipelines.

removed “(2) Requirements

removed “(A) In general—The applicability of the regulations under paragraph (1) shall be based on the risk that idled natural or other gas transmission and hazardous liquid pipelines pose to the public, property, and the environment, and shall include requirements to resume operation.

removed “(B) 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 materials.

removed “(C) Requirements for reinspection—The Secretary shall determine the requirements for periodic reinspection of idled natural or other gas transmission and hazardous liquid pipelines.”

added “(1) In general—The Secretary of Transportation”

added “(2) Considerations—In prescribing a standard under paragraph (1)”

added “(3) 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 (1) 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 standards, the Secretary may provide such a determination to the requesting Federal or State authority.

added “(4) Effect—Nothing in this subsection or subsection (b)—

added “(A) affects—

added “(i) section 3 of the Natural Gas Act (15 U.S.C. 717b);

added “(ii) the authority of the Federal Energy Regulatory Commission to carry out that section; or

added “(iii) any other similar authority of any other Federal or State agency; or

added “(B) requires the Secretary of Transportation to formally approve any project proposal or otherwise perform any siting functions.”

removed Section 60103(a) of title 49, United States Code, is amended—

removed “(1) In general—The Secretary of Transportation”

removed “(2) Considerations—In prescribing a standard under paragraph (1)”

removed “(3) 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 (1) 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 standards, the Secretary may provide such a determination to the requesting Federal or State authority.

removed “(4) Effect—Nothing in this subsection or subsection (b)—

removed “(A) affects—

removed “(i) section 3 of the Natural Gas Act (15 U.S.C. 717b);

removed “(ii) the authority of the Federal Energy Regulatory Commission to carry out that section; or

removed “(iii) any other similar authority of any other Federal or State agency; or

removed “(B) requires the Secretary of Transportation to formally approve any project proposal or otherwise perform any siting functions.”

“(7) Distribution integrity management plans

“(A) Evaluation of risk—Not later than 2 years after the date of enactment of this paragraph, 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—

“(i) the risks resulting from the presence of cast iron pipes and mains in the distribution system; and

“(ii) 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 (as described in section 192.623 of title 49, Code of Federal Regulations (or a successor regulation)).

“(B) Consideration—In the evaluations required in a plan under subparagraph (A), 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 (within the meaning of section 192.605 of title 49, Code of Federal Regulations (or a successor regulation)), in ranking risks and identifying measures to mitigate those risks under that subparagraph, so that operators avoid using a risk rating of zero for low probability events unless otherwise supported by engineering analysis or operational knowledge.

“(C) Deadlines

“(i) In general—Not later than 2 years after the date of enactment of this paragraph, each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, a copy of—

“(I) the distribution integrity management plan of the operator;

“(II) the emergency response plan under section 192.615 of title 49, Code of Federal Regulations (or a successor regulation); and

“(III) the procedural manual for operations, maintenance, and emergencies under section 192.605 of title 49, Code of Federal Regulations (or a successor regulation).

“(ii) 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 60105, if applicable, an updated plan or manual described in clause (i) by not later than 60 days after the date of a significant update, as determined by the Secretary.

“(iii) Applicability of FOIA—Nothing in this subsection shall be construed to authorize the disclosure of any information that is exempt from disclosure under section 552(b) of title 5, United States Code.

“(D) Review of plans and documents

changed “(i) In general—Not later than 1 year after the date of promulgation of the regulations under subparagraph (A), and not less frequently than once every 5 years thereafter, the Secretary or relevant State authority with a certification in effect under section 60105 shall review the distribution integrity management plan, the emergency response plan, and the procedural manual for operations, maintenance, and emergencies of each operator and record the results of that review for use in the next review of the program of that operator.Timing

added “(I) In general—Not later than 2 years after the date of promulgation of the regulations under subparagraph (A), and not less frequently than once every 5 years thereafter, the Secretary or relevant State authority with a certification in effect under section 60105 shall review the distribution integrity management plan, the emergency response plan, and the procedural manual for operations, maintenance, and emergencies of each operator of a distribution system and record the results of that review for use in the next review of the program of that operator.

added “(II) Grace period—For the third, fourth, and fifth years after the date of promulgation of the regulations under subparagraph (A), the Secretary—

added “(aa) shall not use subclause (I) as justification to reduce funding, decertify, or penalize in any way under section 60105, 60106, or 60107 a State authority that has in effect a certification under section 60105 or an agreement under section 60106; and

added “(bb) shall—

added “(AA) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a list of States found to be noncompliant with subclause (I) during the annual program evaluation; and

added “(BB) provide a written notice to each State authority described in item (aa) that is not in compliance with the requirements of subclause (I).

“(ii) Review—Each plan or procedural manual made available under subparagraph (C)(i) shall be reexamined—

added “(I) on significant change to the plans or procedural manual, as applicable;

added “(II) on significant change to the gas distribution system of the operator, as applicable; and

added “(III) not less frequently than once every 5 years.

removed “(I) on significant change to the plan, procedural manual, or system, as applicable; and

removed “(II) not less frequently than once every 5 years.

“(iii) Context of review—The Secretary may conduct a review under clause (i) or (ii) as an element of the inspection of the operator carried out by the Secretary.

“(iv) Inadequate programs—If the Secretary determines that the documents reviewed under clause (i) or (ii) do not comply with the requirements of this chapter (including regulations to implement this chapter), have not been adequately implemented, or are inadequate for the safe operation of a pipeline facility, the Secretary may conduct proceedings under this chapter.”

“(2) Cooperation—A State authority with a certification in effect under this section”

“(1) In general—The Secretary”

“(3) Audit program—Not later than 2 years after the date of enactment of this paragraph, the Secretary shall—

“(A) revise the State audit protocols and procedures to update the annual State Program Evaluations carried out under this subsection and section 60106(d) 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 60109(e)(7)(C)(i);

“(B) update the State Inspection Calculation Tool to take into account factors including—

“(i) the number of miles of natural gas and hazardous liquid pipelines in the State, including the number of miles of cast iron and bare steel pipelines;

“(ii) the number of services in the State;

“(iii) the age of the gas distribution system in the State; and

“(iv) environmental factors that could impact the integrity of the pipeline, including relevant geological issues; and

“(C) 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 operations, as determined by the State Inspection Calculation Tool and other factors determined to be appropriate by the Secretary.”

changed Section 60102 of title 49, United States Code, Code (as amended by section 114), is amended by adding at the end the following:

changed “(q) “(r) Emergency response plans—Not later than 2 years after the date of enactment of this subsection, the Secretary shall update regulations to ensure that each emergency response plan developed by an operator of a distribution system under section 192.615 of title 49, Code of Federal Regulations (or a successor regulation), includes written procedures for—

“(1) establishing communication with first responders and other relevant public officials, as soon as practicable, beginning from the time of confirmed discovery, as determined by the Secretary, by the operator of a gas pipeline emergency involving a release of gas from a distribution system of that operator that results in—

“(A) a fire related to an unintended release of gas;

“(B) an explosion;

“(C) 1 or more fatalities; or

“(D) the unscheduled release of gas and shutdown of gas service to a significant number of customers, as determined by the Secretary;

“(2) establishing general public communication through an appropriate channel—

“(A) as soon as practicable, as determined by the Secretary, after a gas pipeline emergency involving a release of gas that results in—

“(i) a fire related to an unintended release of gas;

“(ii) an explosion;

“(iii) 1 or more fatalities; or

“(iv) the unscheduled shutdown of gas service to a significant number of customers, as determined by the Secretary; and

“(B) that provides information regarding—

“(i) the emergency described in subparagraph (A); and

“(ii) the status of public safety; and

“(3) the development and implementation of a voluntary, opt-in system that would allow operators of distribution systems to rapidly communicate with customers in the event of an emergency.”

Section 60102 of title 49, United States Code (as amended by section 203), is amended by adding at the end the following:

changed “(r) “(s) Operations and maintenance manuals—Not later than 2 years after the date of enactment of this subsection, the Secretary shall update regulations to ensure that each procedural manual for operations, maintenance, and emergencies developed by an operator of a distribution pipeline under section 192.605 of title 49, Code of Federal Regulations (or a successor regulation), includes written procedures for—

“(1) responding to overpressurization indications, including specific actions and an order of operations for immediately reducing pressure in or shutting down portions of the gas distribution system, if necessary; and

“(2) a detailed procedure for the management of the change process, which shall—

“(A) be applied to significant technology, equipment, procedural, and organizational changes to the distribution system; and

“(B) ensure that relevant qualified personnel, such as an engineer with a professional engineer licensure, subject matter expert, or other employee who possesses the necessary knowledge, experience, and skills regarding natural gas distribution systems, review and certify construction plans for accuracy, completeness, and correctness.”

Section 60102 of title 49, United States Code (as amended by section 204), is amended by adding at the end the following:

changed “(s) “(t) Other pipeline safety practices

“(1) Records—Not later than 2 years after the date of enactment of this subsection, the Secretary shall promulgate regulations to require an operator of a distribution system—

“(A) to identify and manage traceable, reliable, and complete records, including maps and other drawings, critical to ensuring proper pressure controls for a gas distribution system, and updating these records as needed, while collecting and identifying other records necessary for risk analysis on an opportunistic basis; and

“(B) to ensure that the records required under subparagraph (A) are—

“(i) accessible to all personnel responsible for performing or overseeing relevant construction or engineering work; and

“(ii) submitted to, or made available for inspection by, the Secretary or the relevant State authority with a certification in effect under section 60105.

“(2) Presence of qualified employees

“(A) In general—Not later than 180 days after the date of enactment of this subsection, the Secretary shall promulgate regulations to require that not less than 1 agent of an operator of a distribution system who is qualified to perform relevant covered tasks (as defined in section 192.801(b) of title 49, Code of Federal Regulations (or a successor regulation)) 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 station, including tie-ins and abandonment of distribution lines and mains, based on an evaluation, conducted by the operator, of threats that could result in unsafe operation.

“(B) Exclusion—In promulgating regulations under subparagraph (A), 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 shutoff.

“(3) District regulator stations

“(A) In general—Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate regulations to require that each operator of a distribution system assesses and upgrades, as appropriate, each district regulator station of the operator to ensure that—

“(i) the risk of the gas pressure in the distribution system exceeding, by a common mode of failure, the maximum allowable operating pressure (as described in section 192.623 of title 49, Code of Federal Regulations (or a successor regulation)) allowed under Federal law (including regulations) is minimized;

“(ii) the gas pressure of a low-pressure distribution system is monitored, particularly at or near the location of critical pressure-control equipment;

“(iii) the regulator station has secondary or backup pressure-relieving or overpressure-protection safety technology, such as a relief valve or automatic shutoff valve, or other pressure-limiting devices appropriate for the configuration and siting of the station and, in the case of a regulator station that employs the primary and monitor regulator design, the operator shall eliminate the common mode of failure or provide backup protection capable of either shutting the flow of gas, relieving gas to the atmosphere to fully protect the distribution system from overpressurization events, or there must be technology in place to eliminate a common mode of failure; and

“(iv) if the Secretary determines that it is not operationally possible for an operator to implement the requirements under clause (iii), the Secretary shall require such operator to identify actions in their plan that minimize the risk of an overpressurization event.”