109th CONGRESS
1st Session
H. R. 2958
To require notification of appropriate emergency response authorities
when damage to underground pipeline facilities occurs or is discovered.
IN THE HOUSE OF REPRESENTATIVES
June 17, 2005
Mr. MURPHY introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To require notification of appropriate emergency response authorities
when damage to underground pipeline facilities occurs or is discovered.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Pipeline Safety Emergency Notification Act'
or `Marc and Chelsea's Law'.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings- Congress finds the following:
(1) Over 2,000,000 miles of pipelines transport the bulk of natural gas
and petroleum products in the United States.
(2) According to the Pipeline and Hazardous Materials Safety Administration,
since 1986 there have been 421 fatalities and 1,906 injuries as a result
of 7,607 incidents that damaged the Nation's pipelines. These incidents
have resulted in $1,700,000,000 in property damage.
(3) The leading cause of incidents to distribution pipelines is external
force damage during excavation work near pipelines.
(4) Existing Federal law and regulations require pipeline owners and operators
to have emergency procedures to address pipeline emergencies. In addition,
the Office of Pipeline Safety has worked closely with the Common Ground
Alliance to develop best practices which recommend the immediate notification
of 9-1-1 and facility owner or operators in the event of serious damage
to a pipeline. However, Federal law does not explicitly require such notification,
and laws and enforcement mechanisms vary from State to State.
(b) Purpose- The purpose of this Act is to minimize the danger to life, health,
or property that may result from damage incurred to underground pipeline facilities
by requiring the notification of appropriate emergency response authorities
in such instances.
SEC. 3. EMERGENCY ALERT REQUIREMENTS.
Section 60114 of title 49, United States Code, is amended--
(1) in the section heading, by inserting `and emergency alert requirements'
after `systems';
(2) in the heading of subsection (a), by inserting `One-Call Notification
System' before `Minimum Requirements';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new subsection:
`(c) Emergency Alert Requirements-
`(1) REQUIREMENT- Any person, including a government employee or contractor,
who while engaged in demolition, excavation, tunneling, or construction
in the vicinity of a pipeline facility--
`(A) becomes aware of damage to the pipeline facility that may endanger
life or cause serious bodily harm or damage to property; or
`(B) damages the pipeline facility in a manner that may endanger life
or cause serious bodily harm or damage to property,
shall promptly report the damage to the operator of the facility and to
other appropriate authorities.
`(2) OTHER APPROPRIATE AUTHORITIES- For purposes of this subsection, notification
of other appropriate authorities shall consist of--
`(A) notification of medical, law enforcement, and fire prevention public
authorities; or
SEC. 4. CIVIL PENALTIES.
Section 60122(a) of title 49, United States Code, is amended by inserting
`, 60114(c),' after `60114(b)'.
SEC. 5. CRIMINAL PENALTIES.
Section 60123(a) of title 49, United States Code, is amended by inserting
`60114(c),' after `60114(b),'.
END
