Pipeline Safety Improvement Act of 2002
| Date | Chamber | What was voted on | Result | Yes–No | |
|---|---|---|---|---|---|
| Jul 24, 2002 | House · vote #334 | On Motion to Suspend the Rules and Pass, as Amended | Passed | 423–4 | See who voted → |
Directs the Secretary of Transportation to encourage States, operators of one-call programs, excavators (including government and contract excavators), and underground facility operators to abide by the practices outlined in the "Common Ground" best practices report. Directs the Secretary to provide technical assistance to and participate in programs sponsored by a non-profit organization to reduce construction-related damage to underground facilities. Permits the Secretary to make grants to such a non-profit organization. Authorizes appropriations to carry out implementation of the best practice guidelines, and requires that any sums appropriated must come from general revenues, and not from fees collected for transportation of natural gas and hazardous liquids by pipelines. Extends authorization of grants for one-call notification programs to States.
(Sec. 3) Permits States to enforce a requirement of a one-call program if the program meets specified requirements under Federal law. Includes a government employee or contractor in the definition of a person required to contact an operator of a pipeline facility prior to engaging in any activity that the Secretary has determined may cause damage to the pipeline. Amends provisions imposing criminal penalties, including to specify that there will only be a penalty for a person who causes pipeline damage and does not report it if the individual knew of the damage or had reason to know of it. Modifies language to hold such an individual responsible for certain damages even if the damage was not caused "knowingly and willfully."
(Sec. 4) Amends provision dealing with safety standards to include security as an element for the Secretary to consider within the minimum safety standard for pipeline transportation and pipeline facilities. Directs the Secretary to consider the comments and recommendations of the Office of Homeland Security and the Transportation Security Administration when devising the standard, and to assess the vulnerabilities of pipeline facilities to terrorist attacks.
Revises provisions delineating public safety program requirements to apply it to all pipeline facilities (thus including hazardous liquid pipeline facilities in addition to gas pipeline facilities). Modifies provisions dealing with promotion of public safety to add hazardous liquid pipelines to the annual mapping requirement. Directs the Secretary to periodically survey and assess public education programs and public safety programs, including in certain specified areas, and to institute a rulemaking to determine the most effective components of such programs components and implement them. Authorizes the Secretary to provide technical assistance to State and local officials in educating and promoting pipeline safety with the public.
(Sec. 5) Permits the Secretary to make agreements with States authorizing them to participate in the oversight of interstate pipeline transportation if they have certification for jurisdiction over intrastate pipeline facilities and transportation. Provides that such an agreement shall not change Federal preemption of the right to set safety standards for interstate pipeline facilities or pipeline transportation.
Sets forth conditions for such an agreement, including that it not adversely affect the State's oversight responsibility of intrastate pipeline transportation and that the State meets the minimum Federal one-call notification standards. Permits the Secretary to maintain an existing oversight agreement with a State until December 31, 2003, barring a new agreement. Authorizes the Secretary to terminate an existing agreement under certain specified circumstances.
Allows the Secretary to end an agreement with a State made under this Act if the Secretary finds the State has not complied with any provision of the agreement. Requires the Secretary to end an agreement if a State is not complying with certain specified conditions, a gap in the oversight of intrastate pipelines was created, or continuing the agreement would not promote pipeline safety.
(Sec. 6) Modifies language of provision dealing with public education programs by operators of a pipeline to add educating about hazardous liquid pipeline facilities to the requirements. Makes other changes, including revising language pertaining to pipeline leaks to include requiring education about physical indications of leaks and steps for public safety in the event of such occurrences.
Requires operators of gas pipelines or hazardous liquid pipelines to review their existing public education programs for effectiveness (and to modify them if necessary), and directs the Secretary to review the programs. Authorizes the Secretary to issue standards for such programs, including for periodic review, and to provide technical assistance to the pipeline industry and to State and local officials regarding public safety and public education programming.
Directs each operator of a gas pipeline or hazardous liquid pipeline facility ("pipeline facility") to maintain liaison with State emergency response commissions and local emergency planning committees in the area of pipeline right-of-way. Directs the Secretary to require each operator of a pipeline facility to develop an emergency response plan. Permits the Secretary to make emergency response grants to State, county, and local governments in "high consequence areas" (as defined by the Secretary).
(Sec. 7) Authorizes the Secretary to order necessary corrective action for a pipeline facility deemed potentially unsafe or vulnerable to terrorist attacks.
(Sec. 8 ) Increases the civil penalties for violating provisions regarding one-call notification systems and compliance and waivers.
(Sec. 9 ) Modifies provisions dealing with land use recommendations to direct the Secretary, in consultation with appropriate Federal agencies and State and local governments, to undertake a study of land use practices and zoning ordinances with regard to pipeline rights-of-way, with the purpose of addressing issues associated with encroachment. Directs the Secretary to encourage Federal agencies and State and local governments to adopt practices, laws and ordinances identified in the report to deal with encroachment.
(Sec. 10) Requires each operator of a gas transmission pipeline facility in various specified types of areas to conduct an analysis of the risks associated to each facility and implement a written integrity program to reduce such risks. Requires the Secretary to issue standards to direct such programs, and lists topics the standards shall take into consideration, as well ones the standards may address. Sets forth minimum elements for such programs, including that each one must contain a provision for inspection followed by re-inspection at least once every seven years, but grants the Secretary the authority to issue a waiver for a re-inspection if such action is not inconsistent with pipeline safety.
Directs the Secretary to review integrity management programs, and allows the Secretary to require revision of inadequate programs (with notice and a hearing).
(Sec. 11) Establishes a Federal research, development, demonstration, and standardization program to be formed by the heads of the Department of Energy, the Department of Transportation, and the National Institute of Standards and Technology (the "participating agencies") to ensure the integrity of "energy pipelines" and "next-generation pipelines." Defines "energy pipeline" as a pipeline system used in the transmission or local distribution of natural gas, crude oil, or refined petroleum products. Defines "next-generation pipelines" as a transmission or local distribution pipeline system for transmitting energy or energy-related products, in liquid or gaseous form, other than energy pipelines.
Specifies topics the program shall cover, including materials inspection, leak detection technologies, and reducing natural, technological, and terrorist threats. Directs the participating agencies to prepare and transmit to Congress a five-year plan to guide activities in the topics of the program. Specifies that the plan shall first be reviewed by a Pipeline Integrity Technical Advisory Committee formed by the participating agencies. Authorizes appropriations to fund the Federal program.
(Sec. 12) Requires operators of pipeline facilities to adopt and implement a written qualification program that ensures that all individuals performing "covered tasks" (as defined under the Code of Federal Regulations) are qualified. Sets forth minimum required elements for such programs, including that they contain a periodic requalification component. Directs the Secretary or a State authority enforcing standards to review the qualification program of an operator, and to require revision of a program deemed inadequate. Allows the Secretary to waive provisions regarding the written qualification program.
Directs the Secretary to: (1) develop tests and other requirements for certifying qualifications of individuals who operate computer-based supervisory control and data acquisition (SCADA) systems for controlling the operations of pipelines; and (2) establish a pilot certification program for three pipeline facilities in which the individuals operating SCADA systems are certified.
(Sec. 13) Directs the Secretary to require operators of pipeline facilities to develop and implement a terrorism security program, which shall consist of written procedures to follow and actions to take in the event of a terrorist attack on a pipeline facility or an attack on other infrastructure facilities in the United States. Requires a terrorism security program of a pipeline operator to contain reasonable procedures to safeguard the pipeline facility from terrorist attack. Permits the Secretary to provide technical assistance to an operator of a pipeline facility, or to State, tribal or local officials, to prevent acts of terrorism affecting pipeline facilities or respond to them.
(Sec. 14) Requires operators of pipeline facilities to provide to the Secretary certain specified information, including geospatial data appropriate for use in the National Pipeline Mapping System or data that can readily be converted to such data. Requires operators to provide to the Secretary periodic updates of the specified information to reflect changes and other information as required by the Secretary. Permits the Secretary to provide technical assistance to State and local officials to improve local response capabilities for pipeline emergencies by using information in the National Pipeline Mapping System.
(Sec. 15) Directs the President to establish an Interagency Committee on Pipeline Repair Permitting (the ICPRP), which shall evaluate current Federal permitting requirements that apply to pipeline access, excavation, and restoration in connection with pipeline repairs and develop a compendium of best practices used by the industry in such areas.
Directs the Secretary to issue a proposed rule, based on the recommendations of the ICPRP, to establish a process by which owners or operators of pipelines ("operators") may commence and complete access, excavation, and restoration activities that must be completed within the time frame set forth by the Secretary. Specifies the content of the final rule the Secretary shall issue, including that a pipeline operator must provide notice to the Secretary of a plan to adhere to the applicable best practices when carrying out certain pipeline repairs. Permits the Secretary to disapprove of such plans and to inform the operator of needed changes.
Sets forth rules pertaining to permits, including that a pipeline operator shall not be required to adhere to the final rule if no Federal permit would otherwise have been necessary and that there shall be no preemption of otherwise applicable State and local permitting requirements.
Provides that in the event of delays for certain repair projects for certain specified reasons, the pipeline operator must submit a site management plan for the proposed access, excavation, and restoration activities to all applicable permitting agencies and the Secretary for review and approval. Sets forth that the pipeline operator will be subject to civil and criminal remedies and penalties under Federal, State, and local law if the operator fails to abide by the site management plan and causes damage to human health, public safety, or the environment.
Directs the Secretary to commence a rulemaking to permit pressure reduction, line monitoring, and other mitigation measures to be employed by certain pipeline operators before the final rule on repairs becomes effective.
Directs the Secretary to appoint an ombudsman to assist in both expediting pipeline repairs and in resolving disagreements between the permitting agency and the pipeline operator in certain specified situations.
(Sec. 16) Authorizes the Secretary to withhold from public disclosure information deemed to reveal a systemic vulnerability of a pipeline system or of pipeline facilities to attack. Provides that the Secretary may supply such information to certain specified parties, to other individuals as the Secretary deems necessary, and in certain specified administrative or judicial proceedings. States that a release of information to such parties that is withheld from the public is not a release of public information.
(Sec. 18) Authorizes appropriations.
(Sec. 19) Prohibits a pipeline operator, contractor or subcontractor of a pipeline operator from firing or taking adverse action against an employee for certain specified actions relating to pipeline safety, including: (1) providing information to the employer or Federal Government; (2) refusing to violate Federal law; and (3) assisting or participating in a proceeding. Defines a "contractor" as any company performing safety-sensitive functions by contract for a pipeline operator.
Establishes procedures for persons who believe they have been discriminated against by any person concerning pipeline safety to file complaints with the Department of Labor. Prescribes rules for the resolution of such complaints. Permits the Secretary to award an attorney's fee of not more than $1,000 to the prevailing employer for a complaint deemed frivolous. Allows an appeal of the Secretary's final order in the U.S. Court of Appeals. Permits the Secretary to bring suit in U.S. District Court to enforce the decision, and allows the side the Secretary favored to bring a civil action in U.S. District Court against the other party to enforce compliance.
Specifies that no finding of discrimination will be made in favor of an employee of a pipeline operator, contractor or subcontractor, if, without being instructed from above, the employee deliberately causes a violation of pipeline safety under this Act or any other law of the United States.
Imposes a civil penalty of $1,000 for violations regarding personnel qualification programs.
(Sec. 20) Directs the Secretary to initiate a study to determine whether cable-suspension pipeline bridges pose structural or other risks warranting particularized inspection standards.
Became Public Law No: 107-355.