S 275
112th CONGRESS
1st Session
S. 275
To amend title 49, United States Code, to provide for enhanced
safety and environmental protection in pipeline transportation, to provide
for enhanced reliability in the transportation of the Nation's energy
products by pipeline, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 3, 2011
Mr. LAUTENBERG (for himself, Mr. ROCKEFELLER, Mr. Menendez, and Mr.
Begich) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
A BILL
To amend title 49, United States Code, to provide for enhanced
safety and environmental protection in pipeline transportation, to provide
for enhanced reliability in the transportation of the Nation's energy
products by pipeline, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE;
TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Pipeline Transportation
Safety Improvement Act of 2011'.
(b) Amendment of Title 49, United States Code- Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or other provision
of title 49, United States Code.
(c) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; Amendment of Title 49, United States Code; table
of contents.
Sec. 3. Pipeline damage prevention.
Sec. 4. Offshore gathering pipelines.
Sec. 5. Automatic and remote-controlled shut-off valves.
Sec. 6. Excess flow valves.
Sec. 7. Integrity management.
Sec. 8. Public education and awareness.
Sec. 9. Government Accountability Office report.
Sec. 11. Incident notification.
Sec. 12. Transportation-related onshore facility response plan compliance.
Sec. 13. Pipeline infrastructure data collection.
Sec. 14. International cooperation and consultation.
Sec. 15. Gas and hazardous liquid gathering lines.
Sec. 16. Transportation related oil flow lines.
Sec. 17. Alaska project coordination.
Sec. 18. Cost recovery for design reviews.
Sec. 19. Special permits.
Sec. 20. Biofuel pipelines.
Sec. 21. Carbon dioxide pipelines.
Sec. 22. Study of transportation of tar sands crude oil.
Sec. 23. Study of non-petroleum hazardous liquids transported by pipeline.
Sec. 25. Additional resources.
Sec. 26. Maintenance of effort.
Sec. 27. Authorization of appropriations.
SEC. 2. CIVIL PENALTIES.
(a) Penalty Considerations; Major Consequence Violations- Section 60122
is amended--
(1) by striking `the ability to pay,' in subsection (b)(1)(B);
(2) by redesignating subsections (c) through (f) as subsections (d)
through (g), respectively; and
(3) by inserting after subsection (b) the following:
`(c) Penalties for Major Consequence Violations-
`(1) In general- A person that the Secretary of Transportation decides,
after written notice and an opportunity for a hearing, has committed
a major consequence violation of section 60114(b), 60114(d), or 60118(a)
of this title or a regulation prescribed or order issued under this
chapter is liable to the United States Government for a civil penalty
of not more than $250,000 for each violation. A separate violation
occurs for each day the violation continues. The maximum civil penalty
under this paragraph for a related series of major consequence violations
is $2,500,000.
`(2) Penalty considerations- In determining the amount of a civil
penalty for a major consequence violation under this subsection, the
Secretary shall consider the factors prescribed in subsection (b).
`(3) Major consequence violation defined- In this subsection, the
term `major consequence violation' means a violation that contributed
to an incident resulting in--
`(B) 1 or more injuries or illnesses requiring in-patient hospitalization;
or
`(C) environmental harm exceeding $250,000 in estimated damage to
the environment including property loss other than the value of
natural gas or hazardous liquid lost, or damage to pipeline equipment.'.
(b) Penalty for Obstruction of Inspections and Investigations- Section
60118(e) is amended by adding at the end the following: `The Secretary
may impose a civil penalty under section 60122 of this title on a person
who obstructs or prevents the Secretary from carrying out inspections
or investigations under this chapter.'.
(c) Administrative Penalty Caps Inapplicable- Section 60120(a)(1) is
amended by adding at the end the following: `The maximum amount of civil
penalties for administrative enforcement actions under section 60122
of this title shall not apply to enforcement actions under this section.'.
(d) Judicial Review of Administrative Enforcement Orders- Section 60119(a)
is amended--
(1) by striking the subsection caption and inserting `(a) Review of
Regulations, Orders, and Other Final Agency Actions- '; and
(2) by striking `about an application for a waiver under section 60118(c)
or (d) of' and inserting `under'.
SEC. 3. PIPELINE DAMAGE PREVENTION.
(a) Minimum Standards for State One-Call Notification Programs- Section
6103(a) is amended to read as follows:
`(1) In general- In order to qualify for a grant under section 6106,
a State one-call notification program shall, at a minimum, provide
for--
`(A) appropriate participation by all underground facility operators,
including all government operators;
`(B) appropriate participation by all excavators, including all
government and contract excavators; and
`(C) flexible and effective enforcement under State law with respect
to participation in, and use of, one-call notification systems.
`(2) Exemptions prohibited- A State one-call notification program
may not exempt municipalities, State agencies, or their contractors
from its one-call notification system requirements.'.
(b) State Damage Prevention Programs- Section 60134(a) is amended--
(1) by striking `and' after the semicolon in paragraph (1);
(2) by striking `(b).' in paragraph (2) and inserting `(b); and';
and
(3) by adding at the end the following:
`(3) does not provide any exemptions to municipalities, State agencies,
or their contractors from its one-call notification system requirements.'.
(c) Effective Date- The amendments made by this section shall take effect
2 years after the date of enactment of this Act.
SEC. 4. OFFSHORE GATHERING PIPELINES.
Section 60102(k)(1) is amended by striking the last sentence and inserting
`Not later than 1 year after the date of enactment of the Pipeline Transportation
Safety Improvement Act of 2011, the Secretary shall issue regulations,
after notice and an opportunity for a hearing, subjecting offshore hazardous
liquid gathering pipelines and hazardous liquid gathering pipelines
located within the inlets of the Gulf of Mexico to the same standards
and regulations as other hazardous liquid pipelines. The regulations
issued under this paragraph shall not apply to low-stress distribution
pipelines.'.
SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.
Section 60102 is amended by adding at the end the following:
`(n) Automatic and Remote-Controlled Shut-Off Valves- Not later than
2 years after the date of enactment of the Pipeline Transportation Safety
Improvement Act of 2011, the Secretary shall by regulation, after notice
and an opportunity for a hearing, require the use of automatic or remote-controlled
shut-off valves, or equivalent technology, where economically, technically,
and operationally feasible on transmission pipelines constructed or
entirely replaced after the date on which the Secretary issues a final
rule.'.
SEC. 6. EXCESS FLOW VALVES.
Section 60109(e)(3) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C); and
(2) by inserting after subparagraph (A) the following:
`(B) Distribution branch services, multi-family facilities, and
small commercial facilities- Not later than 2 years after the date
of enactment of the Pipeline Transportation Safety Improvement Act
of 2011, the Secretary shall prescribe regulations, after notice
and an opportunity for hearing, to require the use of excess flow
valves, where economically and technically feasible, on new or entirely
replaced distribution branch services, multi-family facilities,
and small commercial facilities.'.
SEC. 7. INTEGRITY MANAGEMENT.
(a) Evaluation- Within 1 year after the date of enactment of this Act,
the Secretary of Transportation shall evaluate--
(1) whether integrity management system requirements, or elements
thereof, should be expanded beyond high consequence areas (as defined
under section 60109(a) of title 49, United States Code); and
(2) with respect to gas pipeline facilities, whether applying the
integrity management program requirements to additional areas would
mitigate the need for class location requirements.
(b) Standards- Not later than 1 year after completion of the evaluation,
the Secretary shall prescribe such regulations, after notice and an
opportunity for a hearing.
(c) Data Reporting- The Secretary shall collect any relevant data necessary
to complete the evaluation required by subsection (a) and may collect
such additional data pursuant to regulations promulgated under subsection
(b) as may be necessary.
SEC. 8. PUBLIC EDUCATION AND AWARENESS.
(a) In General- Chapter 601 is amended by adding at the end the following:
`60138. Public education and awareness
`(a) In General- Not later than 1 year after the date of enactment of
the Pipeline Transportation Safety Improvement Act of 2011, the Secretary
shall--
`(1) maintain a monthly updated summary of all completed and final
natural gas and hazardous liquid pipeline inspections conducted by
or reported to the Pipeline and Hazardous Materials Safety Administration
that includes--
`(A) identification of the operator inspected;
`(B) the type of inspection;
`(C) the results of the inspection, including any deficiencies identified;
and
`(D) any corrective actions required to be taken by the operator
to remediate such deficiencies;
`(2) maintain a comprehensive list, to be updated annually, and individual
copy of each gas emergency response plan pursuant to section 60102(d)(5)
of this title and of each hazardous liquid pipeline operator's facility
response plan pursuant to section 311(j)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(5)), excluding any proprietary or security-sensitive
information that may be contained in an operator's plan;
`(3) excluding any proprietary or security-sensitive information,
as part of the National Pipeline Mapping System maintain a map of
all currently designated high consequence areas in which pipelines
are required to meet integrity management safety regulations and update
the map annually; and
`(4) maintain a current copy of any industry-developed or professional
organization pipeline safety standards that have been incorporated
by reference into regulations, to the extent consistent with fair
use.
`(b) Public Availability- The requirements of subsection (a) shall be
considered to have been met if the information required to be made public
is made available on the Pipeline and Hazardous Materials Safety Administration's
public Web site.
`(c) Relationship to FOIA- Nothing in this section shall be construed
to require disclosure of information or records that are exempt from
disclosure under section 552 of title 5.'.
(b) Clerical Amendment- The table of contents for chapter 601 is amended
by inserting after the item relating to section 60137 the following:
`60138. Public education and awareness'.
SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
The Comptroller General shall conduct a comprehensive analysis of the
safety risks, including the risk of accident and injury to individuals
or the environment, from both onshore and offshore pipelines to which
chapter 601 of title 49, United States Code, does not apply, including
gathering lines. The analysis shall also consider the safety risks and
benefits of applying the regulations under section 60109(e) of title
49, United States Code, to low-stress gas transmission lines. Not later
than 1 year after the date of enactment of this Act, the Comptroller
General shall submit a report on the results of this analysis to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committees on Transportation and Infrastructure and
on Energy and Commerce.
SEC. 10. LEAK DETECTION.
(a) Leak Detection Study Update- Not later than 1 year after the date
of enactment of this Act, the Secretary of Transportation shall submit
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committees on Transportation and Infrastructure
and on Energy and Commerce an updated report on leak detection systems
utilized by operators of hazardous liquid pipelines and transportation-related
flow lines. The report shall include an analysis of the technical limitations
of current leak detection systems, including the systems' ability to
detect ruptures and small leaks that are ongoing or intermittent, and
what can be done to foster development of better technologies.
(b) Leak Detection Standards- Not later than 1 year after completion
of the report, the Secretary may, based on the study in subsection (a),
prescribe regulations, after notice and an opportunity for a hearing,
requiring an operator of a hazardous liquid pipeline to use leak detection
technologies, particularly in high consequence areas.
SEC. 11. INCIDENT NOTIFICATION.
Not later than 18 months after the date of enactment of this Act, the
Secretary of Transportation shall--
(1) prescribe regulations, after notice and an opportunity for a hearing,
that establish time limits for accident and incident telephonic or
electronic notification by pipeline operators to State and local government
officials and emergency responders when a spill or rupture occurs;
and
(2) review procedures for pipeline operators and the National Response
Center to provide thorough and coordinated notification to all relevant
emergency response officials and revise such procedures as appropriate.
SEC. 12. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN COMPLIANCE.
(a) In General- Subparagraphs (A) and (B) of section 311(m)(2) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each
amended by striking `Administrator or' and inserting `Administrator,
the Secretary of Transportation, or'.
(b) Conforming Amendment- Section 311(b)(6)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by striking
`operating or' and inserting `operating, the Secretary of Transportation,
or'.
SEC. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.
(a) In General- Section 60132(a) is amended--
(1) by striking `and gathering lines'; and
(2) by adding at the end the following:
`(4) Any other geospatial, technical, or other related pipeline data,
including design and material specifications, that the Secretary determines
is necessary to carry out the purposes of this section. The Secretary
shall give reasonable notice to operators that the data are being
requested.'.
(b) Disclosure Limited to FOIA Requirements- Section 60132 is amended
by adding at the end the following:
`(d) Public Disclosure Limited- The Secretary may not disclose information
collected pursuant to subsection (a) except to the extent permitted
by section 552 of title 5.'.
SEC. 14. INTERNATIONAL COOPERATION AND CONSULTATION.
Section 60117 is amended by adding at the end the following:
`(o) International Cooperation and Consultation-
`(1) Information exchange and technical assistance- If the Secretary
determines that it would benefit the United States, subject to guidance
from the Secretary of State, the Secretary may engage in activities
supporting cooperative international efforts to share information
about the risks to the public and the environment from pipelines and
means of protecting against those risks. Such cooperation may include
the exchange of information with domestic and appropriate international
organizations to facilitate efforts to develop and improve safety
standards and requirements for pipeline transportation in or affecting
interstate or foreign commerce.
`(2) Consultation- To the extent practicable, subject to guidance
from the Secretary of State, the Secretary may consult with interested
authorities in Canada, Mexico, and other interested authorities, as
needed, to ensure that the respective pipeline safety standards and
requirements prescribed by the Secretary and those prescribed by such
authorities are consistent with the safe and reliable operation of
cross-border pipelines.
`(3) Differences in international standards and requirements- Nothing
in this section requires that a standard or requirement prescribed
by the Secretary under this chapter be identical to a standard or
requirement adopted by an international authority.'.
SEC. 15. GAS AND HAZARDOUS LIQUID GATHERING LINES.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Transportation shall complete a review of all exemptions
for gas and hazardous liquid gathering lines. Based on this review the
Secretary shall submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committees
on Transportation and Infrastructure and on Energy and Commerce containing
the Secretary's recommendations with respect to the modification or
revocation of existing exemptions.
SEC. 16. TRANSPORTATION-RELATED OIL FLOW LINES.
Section 60102, as amended by section 5, is further amended by adding
at the end the following:
`(o) Transportation-Related Oil Flow Lines-
`(1) Data collection- The Secretary may collect geospatial, technical,
or other pipeline data on transportation-related oil flow lines, including
unregulated transportation-related oil flow lines.
`(2) Transportation-related oil flow line defined- In this subsection,
the term `transportation-related oil flow line' means a pipeline transporting
oil off of the grounds of the well where it originated across areas
not owned by the producer regardless of the extent to which the oil
has been processed, if at all.
`(3) Limitation- Nothing in this subsection authorizes the Secretary
to prescribe standards for the movement of oil through production,
refining, or manufacturing facilities, or through oil production flow
lines located on the grounds of wells.'.
SEC. 17. ALASKA PROJECT COORDINATION.
(a) In General- Chapter 601, as amended by section 8 of this Act, is
further amended by adding at the end the following:
`60139. Alaska project coordination
`The Secretary may provide technical assistance to the State of Alaska
for the purpose of achieving coordinated and effective oversight of
the construction, expansion, or operation of pipeline systems in Alaska.
The assistance may include--
`(1) conducting coordinated inspections of pipeline systems subject
to the respective authorities of the Department of Transportation
and the State of Alaska;
`(2) consulting on the development and implementation of programs
designed to manage the integrity risks associated with operating pipeline
systems in the unique conditions of Alaska;
`(3) training inspection and enforcement personnel and consulting
on the development and implementation of inspection protocols and
training programs; and
`(4) entering into cooperative agreements, grants, or other transactions
with the State of Alaska, the Joint Pipeline Office, other Federal
agencies, and other public and private agencies to carry out the objectives
of this section.'.
(b) Clerical Amendment- The table of contents for chapter 601, as amended
by section 8 of this Act, is further amended by inserting the following
after the item relating to section 60138:
`60139. Alaska project coordination'.
SEC. 18. COST RECOVERY FOR DESIGN REVIEWS.
Section 60117(n) is amended to read as follows:
`(n) Cost Recovery for Design Reviews-
`(A) Review costs- For any project described in subparagraph (B),
if the Secretary conducts facility design safety reviews in connection
with a proposal to construct, expand, or operate a new gas or hazardous
liquid pipeline or liquefied natural gas pipeline facility, including
construction inspections and oversight, the Secretary may require
the person or entity proposing the project to pay the costs incurred
by the Secretary relating to such reviews. If the Secretary exercises
the cost recovery authority described in this section, the Secretary
shall prescribe a fee structure and assessment methodology that
is based on the costs of providing these reviews and shall prescribe
procedures to collect fees under this section. This authority is
in addition to the authority provided in section 60301 of this title,
but the Secretary may not collect fees under this section and section
60301 for the same design safety review.
`(B) Projects to which applicable- Subparagraph (A) applies to any
project that--
`(i) has design and construction costs totaling at least $3,400,000,000;
or
`(ii) uses new or novel technologies or designs.
`(2) Notification- For any new pipeline construction project in which
the Secretary will conduct design reviews, the person or entity proposing
the project shall notify the Secretary and provide the design specifications,
construction plans and procedures, and related materials at least
120 days prior to the commencement of construction.
`(3) Deposit and use- There is established a Pipeline Safety Design
Review Fund in the Treasury of the United States. The Secretary shall
deposit funds paid under this subsection into the Fund. Funds deposited
under this section are authorized to be appropriated for the purposes
set forth in this chapter. Fees authorized under this section shall
be collected and available for obligation only to the extent and in
the amount provided in advance in appropriations Acts.'.
SEC. 19. SPECIAL PERMITS.
Section 60118(c)(1) is amended to read as follows:
`(1) Issuance of waivers-
`(A) In general- On application of an owner or operator of a pipeline
facility, the Secretary by order may waive compliance with any part
of an applicable standard prescribed under this chapter with respect
to the facility on terms the Secretary considers appropriate, if
the Secretary determines that the waiver is not inconsistent with
pipeline safety.
`(B) Considerations- In determining whether to grant a waiver, the
Secretary shall consider--
`(i) the fitness of the applicant to conduct the activity authorized
by the waiver in a manner that is consistent with pipeline safety;
`(ii) the applicant's compliance history;
`(iii) the applicant's accident history; and
`(iv) any other information or data the Secretary considers relevant
to making the determination.
`(C) Effective period- A waiver of one or more pipeline operating
requirements shall be reviewed by the Secretary 5 years after its
effective date. In reviewing a waiver, the Secretary shall consider
any change in ownership or control of the pipeline, any change in
the conditions around the pipeline, and other factors as appropriate.
The Secretary may modify, suspend, or revoke a waiver after such
review under with subparagraph (E).
`(D) Public notice and hearing- The Secretary may act on a waiver
under this section only after public notice and an opportunity for
a hearing, which may consist of publication of notice in the Federal
Register that an application for a waiver has been filed and providing
the public with the opportunity to review and comment on the application.
If a waiver is granted, the Secretary shall state in the order and
associated analysis the reasons for granting it.
`(E) Noncompliance and modification, suspension, or revocation-
After notice to a holder of a waiver and opportunity to show cause,
the Secretary may modify, suspend, or revoke a waiver issued under
this section for failure to comply with its terms or conditions,
intervening changes in Federal law, a material change in circumstances
affecting safety, including erroneous information in the application,
or any other reason. If necessary to avoid a significant risk of
harm to persons, property, or the environment, the Secretary may
waive the show cause procedure and make the action immediately effective.'.
SEC. 20. BIOFUEL PIPELINES.
Section 60101(a)(4) is amended--
(1) by striking `and' after the semicolon in subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following:
`(B) non-petroleum fuels, including biofuels that are flammable,
toxic, or corrosive or would be harmful to the environment if released
in significant quantities, and'.
SEC. 21. CARBON DIOXIDE PIPELINES.
Section 60102(i) is amended to read as follows:
`(i) Pipelines Transporting Carbon Dioxide- The Secretary shall prescribe
minimum safety standards for the transportation of carbon dioxide by
pipeline in either a liquid or gaseous state.'.
SEC. 22. STUDY OF THE TRANSPORTATION OF TAR SANDS CRUDE OIL
Not later than 18 months after the date of enactment of this Act, the
Secretary of Transportation shall complete a comprehensive review of
hazardous liquid pipeline regulations to determine whether these regulations
are sufficient to regulate pipelines used for the transportation of
tar sands crude oil. In conducting this review, the Secretary shall
conduct an analysis of whether any increase in risk of release exists
for pipelines transporting tar sands crude oil. The Secretary shall
report the results of this review to the Senate Committee on Commerce,
Science, and Transportation, and the House of Representatives Committees
on Transportation and Infrastructure and on Energy and Commerce.
SEC. 23. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY PIPELINE.
The Secretary of Transportation may conduct an analysis of the transportation
of non-petroleum hazardous liquids by pipeline for the purpose of identifying
the extent to which pipelines are currently being used to transport
non-petroleum hazardous liquids, such as chlorine, from chemical production
facilities across land areas not owned by the producer that are accessible
to the public. The analysis should identify the extent to which the
safety of the lines is unregulated by the States and evaluate whether
the transportation of such chemicals by pipeline across areas accessible
to the public would present significant risks to public safety, property,
or the environment in the absence of regulation. The results of the
analysis shall be made available to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committees
on Transportation and Infrastructure and on Energy and Commerce.
SEC. 24. CLARIFICATIONS.
(a) Amendment of Procedures Clarification- Section 60108(a)(1) is amended
by striking `an intrastate' and inserting `a'.
(b) Owner and Operator Clarification- Section 60102(a)(2)(A) is amended
by striking `owners and operators' and inserting in their place the
words `any or all of the owners or operators'.
(c) One-Call Enforcement Clarification- Section 60114(f) is amended
by adding at the end the following: `This subsection does not apply
to proceedings against persons who are pipeline operators.'.
SEC. 25. ADDITIONAL RESOURCES.
(a) In General- To the extent funds are appropriated, the Secretary
of Transportation shall increase the personnel of the Pipeline and Hazardous
Materials Safety Administration by a total of 39 full-time employees
to carry out the pipeline safety program and the administration of that
program, of which at least--
(1) 9 employees shall be added in fiscal year 2011;
(2) 10 employees shall be added in fiscal year 2012;
(3) 10 employees shall be added in fiscal year 2013; and
(4) 10 employees shall be added in fiscal year 2014.
(b) Functions- In increasing the number of employees under subsection
(a), the Secretary shall focus on hiring employees--
(1) to conduct data collection, analysis, and reporting;
(2) to develop, implement, and update information technology;
(3) to conduct inspections of pipeline facilities to determine compliance
with applicable regulations and standards;
(4) to provide administrative, legal, and other support for pipeline
enforcement activities; and
(5) to support the overall pipeline safety mission of the Pipeline
and Hazardous Materials Safety Administration, including training
of pipeline enforcement personnel.
SEC. 26. MAINTENANCE OF EFFORT.
Section 60107(b) is amended to read as follows:
`(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 remaining costs of a safety program
and that the total State amount spent for a safety program (excluding
grants of the United States Government) will at least equal the average
amount spent for gas and hazardous liquid safety programs for fiscal
years 2004 through 2006, except when the Secretary waives the requirements
of this subsection. The Secretary shall grant such a waiver if a State
can demonstrate an inability to maintain or increase the required funding
share of its pipeline safety program at or above the level required
by this subsection due to economic hardship in that State.'.
SEC. 27. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid-
(1) Section 60125(a)(1) is amended by striking subparagraphs (A) through
(D) and inserting the following:
`(A) for fiscal year 2011, $92,206,000, of which $9,200,000 is for
carrying out such section 12 and $36,958,000 is for making grants;
`(B) for fiscal year 2012, $96,144,000, of which $9,600,000 for
carrying out such section 12 and $39,611,000 is for making grants;
`(C) for fiscal year 2013, $99,876,000, of which $9,900,000 is for
carrying out such section 12 and $41,148,000 is for making grants;
and
`(D) for fiscal year 2014, $102,807,000, of which $10,200,000 is
for carrying out such section 12 and $42,356,000 is for making grants.'.
(2) Section 60125(a)(2) is amended by striking subparagraphs (A) through
(D) and inserting the following:
`(A) for fiscal year 2011, $18,905,000, of which $7,562,000 is for
carrying out such section 12 and $7,864,000 is for making grants;
`(B) for fiscal year 2012, $19,661,000, of which $7,864,000 is for
carrying out such section 12 and $7,864,000 is for making grants;
`(C) for fiscal year 2013, $20,000,000, of which $8,000,000 is for
carrying out such section 12 and $8,000,000 is for making grants;
and
`(D) for fiscal year 2014, $20,000,000, of which $8,000,000 is for
carrying out such section 12 and $8,000,000 is for making grants.'.
(b) Emergency Response Grants- Section 60125(b)(2) is amended by striking
`2007 through 2010' and inserting `2011 through 2014'.
(c) One-Call Notification Programs- Section 6107 is amended--
(1) by striking `2007 through 2010.' in subsection (a) and inserting
`2011 through 2014.';
(2) by striking `2007 through 2010.' in subsection (b) and inserting
`2011 through 2014.'; and
(3) by striking subsection (c).
(d) State Damage Prevention Programs- Section 60134 is amended by adding
at the end the following:
`(i) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary to provide grants under this section $2,000,000 for
each of fiscal years 2011 through 2014. The funds shall remain available
until expended.'.
(e) Community Pipeline Safety Information Grants- Section 60130 is amended--
(1) by striking `$50,000' in subsection (a)(1) and inserting `$100,000';
and
(2) by striking `2003 through 2010.' in subsection (d) and inserting
`2011 through 2014.'.
(f) Pipeline Transportation Research and Development- Section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is
amended--
(1) by adding at the end of subsection (d) the following:
`(3) Ongoing pipeline transportation research and development- After
the initial 5-year program plan has been carried out by the participating
agencies, the Secretary of Transportation shall prepare a research
and development program plan every 5 years thereafter and shall transmit
a report to Congress on the status and results-to-date of implementation
of the program each year that funds are appropriated for carrying
out the plan.'; and
(2) by striking `2003 through 2006.' in subsection (f) and inserting
`2011 through 2014.'.
END
