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PIPES Act of 2016

[Public Law 114–183]
[As Amended Through P.L. 116–260, Enacted December 27, 2020]
øCurrency: This publication is a compilation of the text of Public Law 114-183. It
was last amended by the public law listed in the As Amended Through note above
and below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
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øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

AN ACT To amend title 49, United States Code, to provide enhanced safety in
pipeline transportation, 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. ø49 U.S.C. 60101 note¿ SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Protecting our
Infrastructure of Pipelines and Enhancing Safety Act of 2016’’ or
the ‘‘PIPES Act of 2016’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Regulatory updates.
Sec. 4. Natural gas integrity management review.
Sec. 5. Hazardous liquid integrity management review.
Sec. 6. Technical safety standards committees.
Sec. 7. Inspection report information.
Sec. 8. Improving damage prevention technology.
Sec. 9. Workforce management.
Sec. 10. Information-sharing system.
Sec. 11. Nationwide integrated pipeline safety regulatory database.
Sec. 12. Underground gas storage facilities.
Sec. 13. Joint inspection and oversight.
Sec. 14. Safety data sheets.
Sec. 15. Hazardous materials identification numbers.
Sec. 16. Emergency order authority.
Sec. 17. State grant funds.
Sec. 18. Response plans.
Sec. 19. Unusually sensitive areas.
Sec. 20. Pipeline safety technical assistance grants.
Sec. 21. Study of materials and corrosion prevention in pipeline transportation.
Sec. 22. Research and development.
Sec. 23. Active and abandoned pipelines.
Sec. 24. State pipeline safety agreements.
Sec. 25. Requirements for certain hazardous liquid pipeline facilities.
Sec. 26. Study on propane gas pipeline facilities.
1
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Sec. 2 PIPES Act of 2016 2

Sec. 27. Standards for certain liquefied natural gas pipeline facilities.
Sec. 28. Pipeline odorization study.
Sec. 29. Report on natural gas leak reporting.
Sec. 30. Review of State policies relating to natural gas leaks.
Sec. 31. Aliso Canyon natural gas leak task force.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) GAS AND HAZARDOUS LIQUID.—Section 60125(a) of title 49,
United States Code is amended—
(1) in paragraph (1) by striking ‘‘there is authorized to be
appropriated to the Department of Transportation for each of
fiscal years 2012 through 2015, from fees collected under sec-
tion 60301, $90,679,000, of which $4,746,000 is for carrying out
such section 12 and $36,194,000 is for making grants.’’ and in-
serting the following:‘‘ there is authorized to be appropriated to
the Department of Transportation from fees collected under
section 60301—
‘‘(A) $124,500,000 for fiscal year 2016, of which
$9,000,000 shall be expended for carrying out such section
12 and $39,385,000 shall be expended for making grants;
‘‘(B) $128,000,000 for fiscal year 2017 of which
$9,000,000 shall be expended for carrying out such section
12 and $41,885,000 shall be expended for making grants;
‘‘(C) $131,000,000 for fiscal year 2018, of which
$9,000,000 shall be expended for carrying out such section
12 and $44,885,000 shall be expended for making grants;
and
‘‘(D) $134,000,000 for fiscal year 2019, of which
$9,000,000 shall be expended for carrying out such section
12 and $47,885,000 shall be expended for making grants.’’;
(2) in paragraph (2) by striking ‘‘there is authorized to be
appropriated for each of fiscal years 2012 through 2015 from
the Oil Spill Liability Trust Fund to carry out the provisions
of this chapter related to hazardous liquid and section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355), $18,573,000, of which $2,174,000 is
for carrying out such section 12 and $4,558,000 is for making
grants.’’ and inserting the following:‘‘ there is authorized to be
appropriated from the Oil Spill Liability Trust Fund to carry
out the provisions of this chapter related to hazardous liquid
and section 12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107-355)—
‘‘(A) $22,123,000 for fiscal year 2016, of which
$3,000,000 shall be expended for carrying out such section
12 and $8,067,000 shall be expended for making grants;
‘‘(B) $22,123,000 for fiscal year 2017, of which
$3,000,000 shall be expended for carrying out such section
12 and $8,067,000 shall be expended for making grants;
‘‘(C) $23,000,000 for fiscal year 2018, of which
$3,000,000 shall be expended for carrying out such section
12 and $8,067,000 shall be expended for making grants;
and
‘‘(D) $23,000,000 for fiscal year 2019, of which
$3,000,000 shall be expended for carrying out such section
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3 PIPES Act of 2016 Sec. 3

12 and $8,067,000 shall be expended for making grants.’’;

and
(3) by adding at the end the following:
‘‘(3) UNDERGROUND NATURAL GAS STORAGE FACILITY SAFETY
ACCOUNT.—To carry out section 60141, there is authorized to
be appropriated to the Department of Transportation from fees
collected under section 60302 $8,000,000 for each of fiscal
years 2017 through 2019.’’.
(b) OPERATIONAL EXPENSES.—There are authorized to be ap-
propriated to the Secretary of Transportation for the necessary
operational expenses of the Pipeline and Hazardous Materials Safe-
ty Administration the following amounts:
(1) $25,000,000 for fiscal year 2021.
(2) $26,000,000 for fiscal year 2022.
(3) $27,000,000 for fiscal year 2023.
(c) ONE-CALL NOTIFICATION PROGRAMS.—
(1) IN GENERAL.—Section 6107 of title 49, United States
Code, is amended to read as follows:
‘‘§ 6107. Funding
‘‘Of the amounts made available under section 60125(a)(1), the
Secretary shall expend $1,058,000 for each of fiscal years 2016
through 2019 to carry out section 6106.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 61 of
title 49, United States Code, is amended by striking the item
relating to section 6107 and inserting the following:
‘‘6107. Funding.’’.
(d) PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.—
The first sentence of section 60130(c) of title 49, United States
Code, is amended to read as follows: ‘‘Of the amounts made avail-
able under section 2(b) of the PIPES Act of 2016, the Secretary
shall expend $1,500,000 for each of fiscal years 2016 through 2019
to carry out this section.’’.
(e) PIPELINE INTEGRITY PROGRAM.—Section 12(f) of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is amended
by striking ‘‘2012 through 2015’’ and inserting ‘‘2016 through
2019’’.
SEC. 3. REGULATORY UPDATES.
(a) PUBLICATION.—
(1) IN GENERAL.—The Secretary of Transportation shall
publish an update on a publicly available Web site of the De-
partment of Transportation regarding the status of a final rule
for each outstanding regulation, and upon such publication no-
tify the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infra-
structure and the Committee on Energy and Commerce of the
House of Representatives that such publication has been made.
(2) DEADLINES.—The Secretary shall publish an update
under this subsection not later than 120 days after the date of
enactment of this Act, and every 90 days thereafter until a
final rule has been published in the Federal Register for each
outstanding regulation.
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Sec. 4 PIPES Act of 2016 4

(b) CONTENTS.—The Secretary shall include in each update

published under subsection (a)—
(1) a description of the work plan for each outstanding reg-
ulation;
(2) an updated rulemaking timeline for each outstanding
regulation;
(3) current staff allocations with respect to each out-
standing regulation;
(4) any resource constraints affecting the rulemaking proc-
ess for each outstanding regulation;
(5) any other details associated with the development of
each outstanding regulation that affect the progress of the
rulemaking process; and
(6) a description of all rulemakings regarding gas or haz-
ardous liquid pipeline facilities published in the Federal Reg-
ister that are not identified under subsection (c).
(c) OUTSTANDING REGULATION DEFINED.—In this section, the
term ‘‘outstanding regulation’’ means—
(1) a final rule required under the Pipeline Safety, Regu-
latory Certainty, and Job Creation Act of 2011 (Public Law
112-90) that has not been published in the Federal Register;
and
(2) a final rule regarding gas or hazardous liquid pipeline
facilities required under this Act or an Act enacted prior to the
date of enactment of this Act (other than the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (Public
Law 112-90)) that has not been published in the Federal Reg-
ister.
SEC. 4. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.
(a) REPORT.—Not later than 18 months after the date of publi-
cation in the Federal Register of a final rule regarding the safety
of gas transmission pipelines related to the notice of proposed rule-
making issued on April 8, 2016, titled ‘‘Pipeline Safety: Safety of
Gas Transmission and Gathering Pipelines’’ (81 Fed. Reg. 20721),
the Comptroller General of the United States shall submit to the
Committee on Transportation and Infrastructure and the Com-
mittee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report regarding the integrity management programs
for gas pipeline facilities required under section 60109(c) of title 49,
United States Code.
(b) CONTENTS.—The report required under subsection (a) shall
include—
(1) an analysis of stakeholder perspectives, taking into
consideration technical, operational, and economic feasibility,
regarding ways to enhance pipeline facility safety, prevent in-
advertent releases from pipeline facilities, and mitigate any ad-
verse consequences of such inadvertent releases, including
changes to the definition of high consequence area, or expand-
ing integrity management beyond high consequence areas;
(2) a review of the types of benefits, including safety bene-
fits, and estimated costs of the legacy class location regula-
tions;
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5 PIPES Act of 2016 Sec. 5

(3) an analysis of the impact pipeline facility features, in-

cluding the age, condition, materials, and construction of a
pipeline facility, have on safety and risk analysis of a par-
ticular pipeline facility;
(4) a description of any challenges affecting Federal or
State regulators in the oversight of gas transmission pipeline
facilities and how the challenges are being addressed; and
(5) a description of any challenges affecting the natural
gas industry in complying with the programs, and how the
challenges are being addressed, including any challenges faced
by publicly owned natural gas distribution systems.
(c) DEFINITION OF HIGH CONSEQUENCE AREA.—In this section,
the term ‘‘high consequence area’’ has the meaning given the term
in section 192.903 of title 49, Code of Federal Regulations.
SEC. 5. HAZARDOUS LIQUID INTEGRITY MANAGEMENT REVIEW.
(a) REPORT.—Not later than 18 months after the date of publi-
cation in the Federal Register of a final rule regarding the safety
of hazardous liquid pipeline facilities related to the notice of pro-
posed rulemaking issued on October 13, 2015, titled ‘‘Pipeline Safe-
ty: Safety of Hazardous Liquid Pipelines’’ (80 Fed. Reg. 61610), the
Comptroller General of the United States shall submit to the Com-
mittee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Sen-
ate a report regarding the integrity management programs for haz-
ardous liquid pipeline facilities, as regulated under sections
195.450 and 195.452 of title 49, Code of Federal Regulations.
(b) CONTENTS.—The report required under subsection (a) shall
include—
(1) taking into consideration technical, operational, and
economic feasibility, an analysis of stakeholder perspectives
on—
(A) ways to enhance hazardous liquid pipeline facility
safety;
(B) risk factors that may warrant more frequent in-
spections of hazardous liquid pipeline facilities; and
(C) changes to the definition of high consequence area;
(2) an analysis of how surveying, assessment, mitigation,
and monitoring activities, including real-time hazardous liquid
pipeline facility monitoring during significant flood events and
information sharing with Federal agencies, are being used to
address risks associated with rivers, flood plains, lakes, and
coastal areas;
(3) an analysis of the impact pipeline facility features, in-
cluding the age, condition, materials, and construction of a
pipeline facility, have on safety and risk analysis of a par-
ticular pipeline facility and what changes to the definition of
high consequence area could be made to improve pipeline facil-
ity safety; and
(4) a description of any challenges affecting Federal or
State regulators in the oversight of hazardous liquid pipeline
facilities and how those challenges are being addressed.
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Sec. 6 PIPES Act of 2016 6

(c) DEFINITION OF HIGH CONSEQUENCE AREA.—In this section,

the term ‘‘high consequence area’’ has the meaning given the term
in section 195.450 of title 49, Code of Federal Regulations.
SEC. 6. TECHNICAL SAFETY STANDARDS COMMITTEES.
(a) APPOINTMENT OF MEMBERS.—Section 60115(b)(4)(A) of title
49, United States Code, is amended by striking ‘‘State commis-
sioners. The Secretary shall consult with the national organization
of State commissions before selecting those 2 individuals.’’ and in-
serting ‘‘State officials. The Secretary shall consult with national
organizations representing State commissioners or utility regu-
lators before making a selection under this subparagraph.’’.
(b) VACANCIES.—Section 60115(b) of title 49, United States
Code, is amended by adding at the end the following:
‘‘(5) Within 90 days of the date of enactment of the PIPES Act
of 2016, the Secretary shall fill all vacancies on the Technical Pipe-
line Safety Standards Committee, the Technical Hazardous Liquid
Pipeline Safety Standards Committee, and any other committee es-
tablished pursuant to this section. After that period, the Secretary
shall fill a vacancy on any such committee not later than 60 days
after the vacancy occurs.’’.
SEC. 7. INSPECTION REPORT INFORMATION.
(a) INSPECTION AND MAINTENANCE.—Section 60108 of title 49,
United States Code, is amended by adding at the end the following:
‘‘(e) IN GENERAL.—After the completion of a Pipeline and Haz-
ardous Materials Safety Administration pipeline safety inspection,
the Administrator of such Administration, or the State authority
certified under section 60105 of title 49, United States Code, to con-
duct such inspection, shall—
‘‘(1) within 30 days, conduct a post-inspection briefing
with the owner or operator of the gas or hazardous liquid
pipeline facility inspected outlining any concerns; and
‘‘(2) within 90 days, to the extent practicable, provide
the owner or operator with written preliminary findings of
the inspection.’’.
(b) NOTIFICATION.—Not later than October 1, 2017, and each
fiscal year thereafter for 2 years, the Administrator shall notify the
Committee on Transportation and Infrastructure and the Com-
mittee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate of—
(1) the number of times a deadline under section 60108(e)
of title 49, United States Code, was exceeded in the prior fiscal
year; and
(2) in each instance, the length of time by which the dead-
line was exceeded.
SEC. 8. IMPROVING DAMAGE PREVENTION TECHNOLOGY.
(a) STUDY.—The Secretary of Transportation, in consultation
with stakeholders, shall conduct a study on improving existing
damage prevention programs through technological improvements
in location, mapping, excavation, and communications practices to
prevent excavation damage to a pipe or its coating, including con-
siderations of technical, operational, and economic feasibility and
existing damage prevention programs.
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7 PIPES Act of 2016 Sec. 9

(b) CONTENTS.—The study under subsection (a) shall include—

(1) an identification of any methods to improve existing
damage prevention programs through location and mapping
practices or technologies in an effort to reduce releases caused
by excavation;
(2) an analysis of how increased use of global positioning
system digital mapping technologies, predictive analytic tools,
public awareness initiatives including one-call initiatives, the
use of mobile devices, and other advanced technologies could
supplement existing one-call notification and damage preven-
tion programs to reduce the frequency and severity of incidents
caused by excavation damage;
(3) an identification of any methods to improve excavation
practices or technologies in an effort to reduce pipeline dam-
age;
(4) an analysis of the feasibility of a national data reposi-
tory for pipeline excavation accident data that creates stand-
ardized data models for storing and sharing pipeline accident
information; and
(5) an identification of opportunities for stakeholder en-
gagement in preventing excavation damage.
(c) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the Com-
mittee on Energy and Commerce of the House of Representatives
a report containing the results of the study conducted under sub-
section (a), including recommendations, that include the consider-
ation of technical, operational, and economic feasibility, on how to
incorporate into existing damage prevention programs technological
improvements and practices that help prevent excavation damage.
SEC. 9. ø49 U.S.C. 108 note¿ WORKFORCE MANAGEMENT.
(a) REVIEW.—Not later than 1 year after the date of the enact-
ment of this Act, the Inspector General of the Department of
Transportation shall submit to the Committee on Transportation
and Infrastructure and the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, a review of Pipeline and
Hazardous Materials Safety Administration staff resource manage-
ment, including—
(1) geographic allocation plans, hiring and time-to-hire
challenges, and expected retirement rates and recruitment and
retention strategies;
(2) an identification and description of any previous peri-
ods of macroeconomic and pipeline industry conditions under
which the Pipeline and Hazardous Materials Safety Adminis-
tration has encountered difficulty in filling vacancies, and the
degree to which special hiring authorities, including direct hir-
ing authority authorized by the Office of Personnel Manage-
ment, could have ameliorated such difficulty; and
(3) recommendations to address hiring challenges, training
needs, and any other identified staff resource challenges.
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Sec. 10 PIPES Act of 2016 8

(b) DIRECT HIRING.—Upon identification of a period described

in subsection (a)(2), the Administrator of the Pipeline and Haz-
ardous Materials Safety Administration may apply to the Office of
Personnel Management for the authority to appoint qualified can-
didates to any position relating to pipeline safety, as determined by
the Administrator, without regard to sections 3309 through 3319 of
title 5, United States Code.
(c) SAVINGS CLAUSE.—Nothing in this section shall preclude
the Administrator of the Pipeline and Hazardous Materials Safety
Administration from applying to the Office of Personnel Manage-
ment for the authority described in subsection (b) prior to the com-
pletion of the report required under subsection (a).
SEC. 10. ø49 U.S.C. 60108 note¿ INFORMATION-SHARING SYSTEM.
(a) IN GENERAL.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Transportation shall con-
vene a working group to consider the development of a voluntary
information-sharing system to encourage collaborative efforts to im-
prove inspection information feedback and information sharing
with the purpose of improving gas transmission and hazardous liq-
uid pipeline facility integrity risk analysis.
(b) MEMBERSHIP.—The working group convened pursuant to
subsection (a) shall include representatives from—
(1) the Pipeline and Hazardous Materials Safety Adminis-
tration;
(2) industry stakeholders, including operators of pipeline
facilities, inspection technology, coating, and cathodic protec-
tion vendors, and pipeline inspection organizations;
(3) safety advocacy groups;
(4) research institutions;
(5) State public utility commissions or State officials re-
sponsible for pipeline safety oversight;
(6) State pipeline safety inspectors;
(7) labor representatives; and
(8) other entities, as determined appropriate by the Sec-
retary.
(c) CONSIDERATIONS.—The working group convened pursuant
to subsection (a) shall consider and provide recommendations to the
Secretary on—
(1) the need for, and the identification of, a system to en-
sure that dig verification data are shared with in-line inspec-
tion operators to the extent consistent with the need to main-
tain proprietary and security-sensitive data in a confidential
manner to improve pipeline safety and inspection technology;
(2) ways to encourage the exchange of pipeline inspection
information and the development of advanced pipeline inspec-
tion technologies and enhanced risk analysis;
(3) opportunities to share data, including dig verification
data between operators of pipeline facilities and in-line inspec-
tor vendors to expand knowledge of the advantages and dis-
advantages of the different types of in-line inspection tech-
nology and methodologies;
(4) options to create a secure system that protects propri-
etary data while encouraging the exchange of pipeline inspec-
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9 PIPES Act of 2016 Sec. 11

tion information and the development of advanced pipeline in-

spection technologies and enhanced risk analysis;
(5) means and best practices for the protection of safety-
and security-sensitive information and proprietary information;
and
(6) regulatory, funding, and legal barriers to sharing the
information described in paragraphs (1) through (4).
(d) PUBLICATION.—The Secretary shall publish the rec-
ommendations provided under subsection (c) on a publicly available
Web site of the Department of Transportation.
SEC. 11. ø49 U.S.C. 60108 note¿ NATIONWIDE INTEGRATED PIPELINE
SAFETY REGULATORY DATABASE.
(a) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure and the Com-
mittee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report on the feasibility of establishing a national in-
tegrated pipeline safety regulatory inspection database to improve
communication and collaboration between the Pipeline and Haz-
ardous Materials Safety Administration and State pipeline regu-
lators.
(b) CONTENTS.—The report submitted under subsection (a)
shall include—
(1) a description of any efforts underway to test a secure
information-sharing system for the purpose described in sub-
section (a);
(2) a description of any progress in establishing common
standards for maintaining, collecting, and presenting pipeline
safety regulatory inspection data, and a methodology for shar-
ing the data;
(3) a description of any inadequacies or gaps in State and
Federal inspection, enforcement, geospatial, or other pipeline
safety regulatory inspection data;
(4) a description of the potential safety benefits of a na-
tional integrated pipeline safety regulatory inspection data-
base; and
(5) recommendations, including those of stakeholders for
how to implement a secure information-sharing system that
protects proprietary and security sensitive information and
data for the purpose described in subsection (a).
(c) CONSULTATION.—In implementing this section, the Sec-
retary shall consult with stakeholders, including each State author-
ity operating under a certification to regulate intrastate pipelines
under section 60105 of title 49, United States Code.
(d) ESTABLISHMENT OF DATABASE.—The Secretary may estab-
lish, if appropriate, a national integrated pipeline safety regulatory
database—
(1) after submission of the report required under sub-
section (a); or
(2) upon notification to the Committee on Transportation
and Infrastructure and the Committee on Energy and Com-
merce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate of the
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Sec. 12 PIPES Act of 2016 10

need to establish such database prior to the submission of the

report under subsection (a).
SEC. 12. UNDERGROUND GAS STORAGE FACILITIES.
(a) DEFINED TERM.—Section 60101(a) of title 49, United States
Code, is amended—
(1) in paragraph (21)(B) by striking the period at the end
and inserting a semicolon;
(2) in paragraph (22)(B)(iii) by striking the period at the
end and inserting a semicolon;
(3) in paragraph (24) by striking ‘‘and’’ at the end;
(4) in paragraph (25) by striking the period at the end and
inserting ‘‘; and’’; and
(5) by adding at the end the following:
‘‘(26) ‘underground natural gas storage facility’ means a
gas pipeline facility that stores natural gas in an underground
facility, including—
‘‘(A) a depleted hydrocarbon reservoir;
‘‘(B) an aquifer reservoir; or
‘‘(C) a solution-mined salt cavern reservoir.’’.
(b) STANDARDS FOR UNDERGROUND GAS STORAGE FACILITIES.—
Chapter 601 of title 49, United States Code, is amended by adding
at the end the following:
‘‘§ 60141. ø49 U.S.C. 60141¿ Standards for underground nat-
ural gas storage facilities
‘‘(a) MINIMUM SAFETY STANDARDS.—Not later than 2 years
after the date of enactment of the PIPES Act of 2016, the Sec-
retary, in consultation with the heads of other relevant Federal
agencies, shall issue minimum safety standards for underground
natural gas storage facilities.
‘‘(b) CONSIDERATIONS.—In developing the safety standards re-
quired under subsection (a), the Secretary shall, to the extent prac-
ticable—
‘‘(1) consider consensus standards for the operation, envi-
ronmental protection, and integrity management of under-
ground natural gas storage facilities;
‘‘(2) consider the economic impacts of the regulations on in-
dividual gas customers;
‘‘(3) ensure that the regulations do not have a significant
economic impact on end users; and
‘‘(4) consider the recommendations of the Aliso Canyon
natural gas leak task force established under section 31 of the
PIPES Act of 2016.
‘‘(c) FEDERAL-STATE COOPERATION.—The Secretary may author-
ize a State authority (including a municipality) to participate in the
oversight of underground natural gas storage facilities in the same
manner as provided in sections 60105 and 60106.
‘‘(d) RULES OF CONSTRUCTION.—
‘‘(1) IN GENERAL.—Nothing in this section may be con-
strued to affect any Federal regulation relating to gas pipeline
facilities that is in effect on the day before the date of enact-
ment of the PIPES Act of 2016.
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11 PIPES Act of 2016 Sec. 12

‘‘(2) LIMITATIONS.—Nothing in this section may be con-

strued to authorize the Secretary—
‘‘(A) to prescribe the location of an underground nat-
ural gas storage facility; or
‘‘(B) to require the Secretary’s permission to construct
a facility referred to in subparagraph (A).
‘‘(e) PREEMPTION.—A State authority may adopt additional or
more stringent safety standards for intrastate underground natural
gas storage facilities if such standards are compatible with the
minimum standards prescribed under this section.
‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to affect the Secretary’s authority under this title to
regulate the underground storage of gas that is not natural gas.’’.
(c) USER FEES.—Chapter 603 of title 49, United States Code,
is amended by inserting after section 60301 the following:
‘‘§ 60302. ø49 U.S.C. 60302¿ User fees for underground nat-
ural gas storage facilities
‘‘(a) IN GENERAL.—A fee shall be imposed on an entity oper-
ating an underground natural gas storage facility subject to section
60141. Any such fee imposed shall be collected before the end of
the fiscal year to which it applies.
‘‘(b) MEANS OF COLLECTION.—The Secretary of Transportation
shall prescribe procedures to collect fees under this section. The
Secretary may use a department, agency, or instrumentality of the
United States Government or of a State or local government to col-
lect the fee and may reimburse the department, agency, or instru-
mentality a reasonable amount for its services.
‘‘(c) USE OF FEES.—
‘‘(1) ACCOUNT.—There is established an Underground Nat-
ural Gas Storage Facility Safety Account in the Pipeline Safety
Fund established in the Treasury of the United States under
section 60301.
‘‘(2) USE OF FEES.—A fee collected under this section—
‘‘(A) shall be deposited in the Underground Natural
Gas Storage Facility Safety Account; and
‘‘(B) if the fee is related to an underground natural gas
storage facility subject to section 60141, the amount of the
fee may be used only for an activity related to under-
ground natural gas storage facility safety.
‘‘(3) LIMITATION.—No fee may be collected under this sec-
tion, except to the extent that the expenditure of such fee to
pay the costs of an activity related to underground natural gas
storage facility safety for which such fee is imposed is provided
in advance in an appropriations Act.’’.
(d) CLERICAL AMENDMENTS.—
(1) CHAPTER 601.—The table of sections for chapter 601 of
title 49, United States Code, is amended by adding at the end
the following:
‘‘60141. Standards for underground natural gas storage facilities.’’.

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Sec. 13 PIPES Act of 2016 12

(2) CHAPTER 603.—The table of sections for chapter 603 of

title 49, United States Code, is amended by inserting after the
item relating to section 60301 the following:
‘‘60302. User fees for underground natural gas storage facilities.’’.
SEC. 13. JOINT INSPECTION AND OVERSIGHT.
Section 60106 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(f) JOINT INSPECTORS.—At the request of a State authority,
the Secretary shall allow for a certified State authority under sec-
tion 60105 to participate in the inspection of an interstate pipeline
facility.’’.
SEC. 14. ø49 U.S.C. 60117 note¿ SAFETY DATA SHEETS.
(a) IN GENERAL.—Each owner or operator of a hazardous liquid
pipeline facility, following an accident involving such pipeline facil-
ity that results in a hazardous liquid spill, shall provide safety data
sheets on any spilled hazardous liquid to the designated Federal
On-Scene Coordinator and appropriate State and local emergency
responders within 6 hours of a telephonic or electronic notice of the
accident to the National Response Center.
(b) DEFINITIONS.—In this section:
(1) FEDERAL ON-SCENE COORDINATOR.—The term ‘‘Federal
On-Scene Coordinator’’ has the meaning given such term in
section 311(a) of the Federal Water Pollution Control Act (33
U.S.C. 1321(a)).
(2) NATIONAL RESPONSE CENTER.—The term ‘‘National Re-
sponse Center’’ means the center described under section
300.125(a) of title 40, Code of Federal Regulations.
(3) SAFETY DATA SHEET.—The term ‘‘safety data sheet’’
means a safety data sheet required under section 1910.1200 of
title 29, Code of Federal Regulations.
SEC. 15. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.
Not later than 90 days after the date of enactment of this Act,
the Secretary of Transportation shall issue an advanced notice of
proposed rulemaking to take public comment on the petition for
rulemaking dated October 28, 2015, titled ‘‘Corrections to Title 49
CFR 172.336 Identification numbers; special provisions’’ (P-1667).
SEC. 16. EMERGENCY ORDER AUTHORITY.
Section 60117 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(o) EMERGENCY ORDER AUTHORITY.—
‘‘(1) IN GENERAL.—If the Secretary determines that an un-
safe condition or practice, or a combination of unsafe conditions
and practices, constitutes or is causing an imminent hazard,
the Secretary may issue an emergency order described in para-
graph (3) imposing emergency restrictions, prohibitions, and
safety measures on owners and operators of gas or hazardous
liquid pipeline facilities without prior notice or an opportunity
for a hearing, but only to the extent necessary to abate the im-
minent hazard.
‘‘(2) CONSIDERATIONS.—
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13 PIPES Act of 2016 Sec. 16

‘‘(A) IN GENERAL.—Before issuing an emergency order

under paragraph (1), the Secretary shall consider, as ap-
propriate, the following factors:
‘‘(i) The impact of the emergency order on public
health and safety.
‘‘(ii) The impact, if any, of the emergency order on
the national or regional economy or national security.
‘‘(iii) The impact of the emergency order on the
ability of owners and operators of pipeline facilities to
maintain reliability and continuity of service to cus-
tomers.
‘‘(B) CONSULTATION.—In considering the factors under
subparagraph (A), the Secretary shall consult, as the Sec-
retary determines appropriate, with appropriate Federal
agencies, State agencies, and other entities knowledgeable
in pipeline safety or operations.
‘‘(3) WRITTEN ORDER.—An emergency order issued by the
Secretary pursuant to paragraph (1) with respect to an immi-
nent hazard shall contain a written description of—
‘‘(A) the violation, condition, or practice that con-
stitutes or is causing the imminent hazard;
‘‘(B) the entities subject to the order;
‘‘(C) the restrictions, prohibitions, or safety measures
imposed;
‘‘(D) the standards and procedures for obtaining relief
from the order;
‘‘(E) how the order is tailored to abate the imminent
hazard and the reasons the authorities under section
60112 and 60117(l) are insufficient to do so; and
‘‘(F) how the considerations were taken into account
pursuant to paragraph (2).
‘‘(4) OPPORTUNITY FOR REVIEW.—Upon receipt of a petition
for review from an entity subject to, and aggrieved by, an
emergency order issued under this subsection, the Secretary
shall provide an opportunity for a review of the order under
section 554 of title 5 to determine whether the order should re-
main in effect, be modified, or be terminated.
‘‘(5) EXPIRATION OF EFFECTIVENESS ORDER.—If a petition
for review of an emergency order is filed under paragraph (4)
and an agency decision with respect to the petition is not
issued on or before the last day of the 30-day period beginning
on the date on which the petition is filed, the order shall cease
to be effective on such day, unless the Secretary determines in
writing on or before the last day of such period that the immi-
nent hazard still exists.
‘‘(6) JUDICIAL REVIEW OF ORDERS.—
‘‘(A) IN GENERAL.—After completion of the review proc-
ess described in paragraph (4), or the issuance of a written
determination by the Secretary pursuant to paragraph (5),
an entity subject to, and aggrieved by, an emergency order
issued under this subsection may seek judicial review of
the order in a district court of the United States and shall
be given expedited consideration.
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Sec. 17 PIPES Act of 2016 14

‘‘(B) LIMITATION.—The filing of a petition for review

under subparagraph (A) shall not stay or modify the force
and effect of the agency’s final decision under paragraph
(4), or the written determination under paragraph (5), un-
less stayed or modified by the Secretary.
‘‘(7) REGULATIONS.—
‘‘(A) TEMPORARY REGULATIONS.—Not later than 60
days after the date of enactment of the PIPES Act of 2016,
the Secretary shall issue such temporary regulations as
are necessary to carry out this subsection. The temporary
regulations shall expire on the date of issuance of the final
regulations required under subparagraph (B).
‘‘(B) FINAL REGULATIONS.—Not later than 270 days
after such date of enactment, the Secretary shall issue
such regulations as are necessary to carry out this sub-
section. Such regulations shall ensure that the review
process described in paragraph (4) contains the same pro-
cedures as subsections (d) and (g) of section 109.19 of title
49, Code of Federal Regulations, and is otherwise con-
sistent with the review process developed under such sec-
tion, to the greatest extent practicable and not inconsistent
with this section.
‘‘(8) IMMINENT HAZARD DEFINED.—In this subsection, the
term ‘imminent hazard’ means the existence of a condition re-
lating to a gas or hazardous liquid pipeline facility that pre-
sents a substantial likelihood that death, serious illness, severe
personal injury, or a substantial endangerment to health, prop-
erty, or the environment may occur before the reasonably fore-
seeable completion date of a formal proceeding begun to lessen
the risk of such death, illness, injury, or endangerment.
‘‘(9) LIMITATION AND SAVINGS CLAUSE.—An emergency
order issued under this subsection may not be construed to—
‘‘(A) alter, amend, or limit the Secretary’s obligations
under, or the applicability of, section 553 of title 5; or
‘‘(B) provide the authority to amend the Code of Fed-
eral Regulations.’’.
SEC. 17. STATE GRANT FUNDS.
Section 60107 of title 49, United States Code, is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b) PAYMENTS.—After notifying and consulting with a State
authority, the Secretary may withhold any part of a payment when
the Secretary decides that the authority is not carrying out satis-
factorily 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 remain-
ing costs of a safety program, except when the Secretary waives
this requirement.’’; and
(2) by adding at the end the following:
‘‘(e) REPURPOSING OF FUNDS.—If a State program’s certification
is rejected under section 60105(f) or such program is otherwise sus-
pended or interrupted, the Secretary may use any undistributed,
deobligated, or recovered funds authorized under this section to
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15 PIPES Act of 2016 Sec. 20

carry out pipeline safety activities for that State within the period
of availability for such funds.’’.
SEC. 18. ø49 U.S.C. 60102 note¿ RESPONSE PLANS.
Each owner or operator of a hazardous liquid pipeline facility
required to prepare a response plan pursuant to part 194 of title
49, Code of Federal Regulations, shall—
(1) consider the impact of a discharge into or on navigable
waters or adjoining shorelines, including those that may be
covered in whole or in part by ice; and
(2) include procedures and resources for responding to
such discharge in the plan.
SEC. 19. UNUSUALLY SENSITIVE AREAS.
(a) AREAS TO BE INCLUDED AS UNUSUALLY SENSITIVE.—Section
60109(b)(2) of title 49, United States Code, is amended by striking
‘‘have been identified as’’ and inserting ‘‘are part of the Great
Lakes or have been identified as coastal beaches, marine coastal
waters,’’.
(b) ø49 U.S.C. 60109 note¿ UNUSUALLY SENSITIVE AREAS
(USA) ECOLOGICAL RESOURCES.——
(1) DEFINITIONS.—In this subsection:—
(A) CERTAIN COASTAL WATERS.—The term ‘‘certain
coastal waters’’ means—
(i) the territorial sea of the United States;
(ii) the Great Lakes and their connecting waters;
and
(iii) the marine and estuarine waters of the
United States up to the head of tidal influence.
(B) COASTAL BEACH.—The term ‘‘coastal beach’’ means
any land between the high- and low-water marks of cer-
tain coastal waters.
(2) REVISION.—The Secretary of Transportation shall re-
vise section 195.6(b) of title 49, Code of Federal Regulations,
to explicitly state that the Great Lakes, coastal beaches, and
certain coastal waters are USA ecological resources for pur-
poses of determining whether a pipeline is in a high con-
sequence area (as defined in section 195.450 of such title).
SEC. 20. PIPELINE SAFETY TECHNICAL ASSISTANCE GRANTS.
(a) PUBLIC PARTICIPATION LIMITATION.—Section 60130(a)(4) of
title 49, United States Code, is amended by inserting ‘‘on technical
pipeline safety issues’’ after ‘‘public participation’’.
(b) AUDIT.—Not later than 180 days after the date of enact-
ment of this Act, the Inspector General of the Department of
Transportation shall submit to the Secretary of Transportation, the
Committee on Transportation and Infrastructure and the Com-
mittee on Energy and Commerce of the House of Representatives,
and the Committee on Commerce, Science, and Transportation of
the Senate a report evaluating the grant program under section
60130 of title 49, United States Code. The report shall include—
(1) a list of the recipients of all grant funds during fiscal
years 2010 through 2015;
(2) a description of how each grant was used;
(3) an analysis of the compliance with the terms of grant
agreements, including subsections (a) and (b) of such section;
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Sec. 21 PIPES Act of 2016 16

(4) an evaluation of the competitive process used to award

the grant funds; and
(5) an evaluation of—
(A) the ability of the Pipeline and Hazardous Mate-
rials Safety Administration to oversee grant funds and
usage; and
(B) the procedures used for such oversight.
SEC. 21. STUDY OF MATERIALS AND CORROSION PREVENTION IN
PIPELINE TRANSPORTATION.
(a) IN GENERAL.—Not later than 2 years after the date of en-
actment of this Act, the Comptroller General of the United States
shall submit to the Committee on Transportation and Infrastruc-
ture and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a study on materials, training, and
corrosion prevention technologies for gas and hazardous liquid
pipeline facilities.
(b) REQUIREMENTS.—The study required under subsection (a)
shall include—
(1) an analysis of—
(A) the range of piping materials, including plastic
materials, used to transport hazardous liquids and natural
gas in the United States and in other developed countries
around the world;
(B) the types of technologies used for corrosion preven-
tion, including coatings and cathodic protection;
(C) common causes of corrosion, including interior and
exterior moisture buildup and impacts of moisture buildup
under insulation; and
(D) the training provided to personnel responsible for
identifying and preventing corrosion in pipelines, and for
repairing such pipelines;
(2) the extent to which best practices or guidance relating
to pipeline facility design, installation, operation, and mainte-
nance, including training, are available to recognize or prevent
corrosion;
(3) an analysis of the estimated costs and anticipated bene-
fits, including safety benefits, associated with the use of such
materials and technologies; and
(4) stakeholder and expert perspectives on the effective-
ness of corrosion control techniques to reduce the incidence of
corrosion-related pipeline failures.
SEC. 22. RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—Not later than 18 months after the date of
enactment of this Act, the Inspector General of the Department of
Transportation shall submit to the Committee on Transportation
and Infrastructure, the Committee on Energy and Commerce, and
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report regarding the Pipeline and
Hazardous Materials Safety Administration’s research and develop-
ment program carried out under section 12 of the Pipeline Safety
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17 PIPES Act of 2016 Sec. 22

Improvement Act of 2002 (49 U.S.C. 60101 note). The report shall
include an evaluation of—
(1) compliance with the consultation requirement under
subsection (d)(2) of such section;
(2) the extent to which the Pipeline and Hazardous Mate-
rials Safety Administration enters into joint research ventures
with Federal and non-Federal entities, and benefits thereof;
(3) the policies and procedures the Pipeline and Hazardous
Materials Safety Administration has put in place to ensure
there are no conflicts of interest with administering grants
pursuant to the program, and whether those policies and pro-
cedures are being followed; and
(4) an evaluation of the outcomes of research conducted
with Federal and non-Federal entities and the degree to which
such outcomes have been adopted or utilized.
(b) COLLABORATIVE SAFETY RESEARCH REPORT.—
(1) BIENNIAL REPORTS.—Section 60124(a)(6) of title 49,
United States Code, is amended—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) in subparagraph (B), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) a summary of each research and development
project carried out with Federal and non-Federal entities
pursuant to section 12 of the Pipeline Safety Improvement
Act of 2002 and a review of how the project affects safety.’’.
(2) PIPELINE SAFETY IMPROVEMENT ACT.—Section 12 of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note) is amended—
(A) by striking subsection (d)(3)(C) and inserting the
following:
‘‘(C) FUNDING FROM NON-FEDERAL SOURCES.—The Sec-
retary shall ensure that—
‘‘(i) at least 30 percent of the costs of technology
research and development activities may be carried
out using non-Federal sources;
‘‘(ii) at least 20 percent of the costs of basic re-
search and development with universities may be car-
ried out using non-Federal sources; and
‘‘(iii) up to 100 percent of the costs of research and
development for purely governmental purposes may be
carried out using Federal funds.’’; and
(B) by adding at the end the following:
‘‘(h) INDEPENDENT EXPERTS.—Not later than 180 days after the
date of enactment of the PIPES Act of 2016, the Secretary shall—
‘‘(1) implement processes and procedures to ensure that ac-
tivities listed under subsection (c), to the greatest extent prac-
ticable, produce results that are peer-reviewed by independent
experts and not by persons or entities that have a financial in-
terest in the pipeline, petroleum, or natural gas industries, or
that would be directly impacted by the results of the projects;
and
‘‘(2) submit to the Committee on Transportation and Infra-
structure, the Committee on Energy and Commerce, and the
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Sec. 23 PIPES Act of 2016 18

Committee on Science, Space, and Technology of the House of

Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing the proc-
esses and procedures implemented under paragraph (1).
‘‘(i) CONFLICT OF INTEREST.—The Secretary shall take all prac-
tical steps to ensure that each recipient of an agreement under this
section discloses in writing to the Secretary any conflict of interest
on a research and development project carried out under this sec-
tion, and includes any such disclosure as part of the final deliver-
able pursuant to such agreement. The Secretary may not make an
award under this section directly to a pipeline owner or operator
that is regulated by the Pipeline and Hazardous Materials Safety
Administration or a State-certified regulatory authority if there is
a conflict of interest relating to such owner or operator.’’.
SEC. 23. ACTIVE AND ABANDONED PIPELINES.
Not later than 90 days after the date of enactment of this Act,
the Secretary of Transportation shall issue an advisory bulletin to
owners and operators of gas or hazardous liquid pipeline facilities
and Federal and State pipeline safety personnel regarding proce-
dures of the Pipeline and Hazardous Materials Safety Administra-
tion required to change the status of a pipeline facility from active
to abandoned, including specific guidance on the terms recognized
by the Secretary for each pipeline status referred to in such advi-
sory bulletin.
SEC. 24. STATE PIPELINE SAFETY AGREEMENTS.
(a) STUDY.—Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall com-
plete a study on State pipeline safety agreements made pursuant
to section 60106 of title 49, United States Code. Such study shall
consider the following:
(1) The integration of Federal and State or local authori-
ties in carrying out activities pursuant to an agreement under
such section.
(2) The estimated staff and other resources used by Fed-
eral and State authorities in carrying out inspection activities
pursuant to agreements under such section.
(3) The estimated staff and other resources used by the
Pipeline and Hazardous Materials Safety Administration in
carrying out interstate inspections in areas where there is no
interstate agreement with a State pursuant to such section.
(b) NOTICE REQUIREMENT FOR DENIAL.—Section 60106(b) of
title 49, United States Code, is amended by adding at the end the
following:
‘‘(4) NOTICE UPON DENIAL.—If a State authority requests
an interstate agreement under this section and the Secretary
denies such request, the Secretary shall provide written notifi-
cation to the State authority of the denial that includes an ex-
planation of the reasons for such denial.’’.
SEC. 25. REQUIREMENTS FOR CERTAIN HAZARDOUS LIQUID PIPELINE
FACILITIES.
Section 60109 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(g) HAZARDOUS LIQUID PIPELINE FACILITIES.—
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19 PIPES Act of 2016 Sec. 26

‘‘(1) INTEGRITY ASSESSMENTS.—Notwithstanding any pipe-

line integrity management program or integrity assessment
schedule otherwise required by the Secretary, each operator of
a pipeline facility to which this subsection applies shall ensure
that pipeline integrity assessments—
‘‘(A) using internal inspection technology appropriate
for the integrity threat are completed not less often than
once every 12 months; and
‘‘(B) using pipeline route surveys, depth of cover sur-
veys, pressure tests, external corrosion direct assessment,
or other technology that the operator demonstrates can
further the understanding of the condition of the pipeline
facility are completed on a schedule based on the risk that
the pipeline facility poses to the high consequence area in
which the pipeline facility is located.
‘‘(2) APPLICATION.—This subsection shall apply to any un-
derwater hazardous liquid pipeline facility located in a high
consequence area—
‘‘(A) that is not an offshore pipeline facility; and
‘‘(B) any portion of which is located at depths greater
than 150 feet under the surface of the water.
‘‘(3) HIGH CONSEQUENCE AREA DEFINED.—For purposes of
this subsection, the term ‘high consequence area’ has the
meaning given that term in section 195.450 of title 49, Code
of Federal Regulations.
‘‘(4) INSPECTION AND ENFORCEMENT.—The Secretary shall
conduct inspections under section 60117(c) to determine wheth-
er each operator of a pipeline facility to which this subsection
applies is complying with this section.’’.
SEC. 26. STUDY ON PROPANE GAS PIPELINE FACILITIES.
(a) IN GENERAL.—The Secretary of Transportation shall enter
into an agreement with the Transportation Research Board of the
National Academies to conduct a study examining the safety, regu-
latory requirements, techniques, and best practices applicable to
pipeline facilities that transport or store only petroleum gas or mix-
tures of petroleum gas and air to 100 or fewer customers, in accord-
ance with the requirements of this section.
(b) REQUIREMENTS.—In conducting the study pursuant to sub-
section (a), the Transportation Research Board shall analyze—
(1) Federal, State, and local regulatory requirements appli-
cable to pipeline facilities described in subsection (a);
(2) techniques and best practices relating to the design, in-
stallation, operation, and maintenance of such pipeline facili-
ties; and
(3) the costs and benefits, including safety benefits, associ-
ated with such applicable regulatory requirements and the use
of such techniques and best practices.
(c) PARTICIPATION.—In conducting the study pursuant to sub-
section (a), the Transportation Research Board shall consult with
Federal, State, and local governments, private sector entities, and
consumer and pipeline safety advocates, as appropriate.
(d) DEADLINE.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall submit to the Committee on
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Sec. 27 PIPES Act of 2016 20

Transportation and Infrastructure and the Committee on Energy

and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate the re-
sults of the study conducted pursuant to subsection (a) and any
recommendations for improving the safety of such pipeline facili-
ties.
(e) DEFINITION.—In this section, the term ‘‘petroleum gas’’ has
the meaning given that term in section 192.3 of title 49, Code of
Federal Regulations, as in effect on the date of enactment of this
Act.
SEC. 27. STANDARDS FOR CERTAIN LIQUEFIED NATURAL GAS PIPE-
LINE FACILITIES.
(a) NATIONAL SECURITY.—Section 60103(a) of title 49, United
States Code, is amended—
(1) in paragraph (5), by striking ‘‘; and’’ and inserting a
semicolon;
(2) in paragraph (6), by striking the period and inserting
‘‘; and’’; and
(3) by inserting after paragraph (6) the following:
‘‘(7) national security.’’.
(b) ø49 U.S.C. 60103 note¿ UPDATE TO MINIMUM SAFETY
STANDARDS.—The Secretary of Transportation shall review and up-
date the minimum safety standards prescribed pursuant to section
60103 of title 49, United States Code, for permanent, small scale
liquefied natural gas pipeline facilities.
(c) SAVINGS CLAUSE.—Nothing in this section shall be con-
strued to limit the Secretary’s authority under chapter 601 of title
49, United States Code, to regulate liquefied natural gas pipeline
facilities.
SEC. 28. PIPELINE ODORIZATION STUDY.
Not later than 2 years after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a
report to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastruc-
ture and the Committee on Energy and Commerce of the House of
Representatives that assesses—
(1) the feasibility, costs, and benefits of odorizing all com-
bustible gas in pipeline transportation; and
(2) the affects of the odorization of all combustible gas in
pipeline transportation on—
(A) manufacturers, agriculture, and other end users;
and
(B) public health and safety.
SEC. 29. ø49 U.S.C. 60108 note¿ REPORT ON NATURAL GAS LEAK RE-
PORTING.
(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Pipeline and Haz-
ardous Materials Safety Administration shall submit to Congress a
report on the metrics provided to the Pipeline and Hazardous Ma-
terials Safety Administration and other Federal and State agencies
related to lost and unaccounted for natural gas from distribution
pipelines and systems.
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21 PIPES Act of 2016 Sec. 30

(b) ELEMENTS.—The report required under subsection (a) shall

include the following elements:
(1) An examination of different reporting requirements or
standards for lost and unaccounted for natural gas to different
agencies, the reasons for any such discrepancies, and rec-
ommendations for harmonizing and improving the accuracy of
reporting.
(2) An analysis of whether separate or alternative report-
ing could better measure the amounts and identify the location
of lost and unaccounted for natural gas from natural gas dis-
tribution systems.
(3) A description of potential safety issues associated with
natural gas that is lost and unaccounted for from natural gas
distribution systems.
(4) An assessment of whether alternate reporting and
measures will resolve any safety issues identified under para-
graph (3), including an analysis of the potential impact, includ-
ing potential savings, on rate payers and end users of natural
gas products of such reporting and measures.
(c) CONSIDERATION OF RECOMMENDATIONS.—If the Adminis-
trator determines that alternate reporting structures or rec-
ommendations included in the report required under subsection (a)
would significantly improve the reporting and measurement of lost
and unaccounted for gas and safety of natural gas distribution sys-
tems, the Administrator shall, not later than 1 year after making
such determination, issue regulations, as the Administrator deter-
mines appropriate, to implement the recommendations.
SEC. 30. ø49 U.S.C. 60108 note¿ REVIEW OF STATE POLICIES RELATING
TO NATURAL GAS LEAKS.
(a) REVIEW.—The Administrator of the Pipeline and Hazardous
Materials Safety Administration shall conduct a State-by-State re-
view of State-level policies that—
(1) encourage the repair and replacement of leaking nat-
ural gas distribution pipelines or systems that pose a safety
threat, such as timelines to repair leaks and limits on cost re-
covery from ratepayers; and
(2) may create barriers for entities to conduct work to re-
pair and replace leaking natural gas pipelines or distribution
systems.
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Administrator shall submit to the Committee
on Transportation and Infrastructure and the Committee on En-
ergy and Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate a
report containing the findings of the review conducted under sub-
section (a) and recommendations on Federal or State policies or
best practices to improve safety by accelerating the repair and re-
placement of natural gas pipelines or systems that are leaking or
releasing natural gas. The report shall consider the potential im-
pact, including potential savings, of the implementation of such
recommendations on ratepayers or end users of the natural gas
pipeline system.
(c) IMPLEMENTATION OF RECOMMENDATIONS.—If the Adminis-
trator determines that the recommendations made under sub-
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Sec. 31 PIPES Act of 2016 22

section (b) would significantly improve pipeline safety, the Admin-

istrator shall, not later than 1 year after making such determina-
tion, and in coordination with the heads of other relevant agencies
as appropriate, issue regulations, as the Administrator determines
appropriate, to implement the recommendations.
SEC. 31. ALISO CANYON NATURAL GAS LEAK TASK FORCE.
(a) ESTABLISHMENT OF TASK FORCE.—Not later than 15 days
after the date of enactment of this Act, the Secretary of Energy
shall lead and establish an Aliso Canyon natural gas leak task
force.
(b) MEMBERSHIP OF TASK FORCE.—In addition to the Secretary,
the task force established under subsection (a) shall be composed
of—
(1) 1 representative from the Department of Transpor-
tation;
(2) 1 representative from the Department of Health and
Human Services;
(3) 1 representative from the Environmental Protection
Agency;
(4) 1 representative from the Department of the Interior;
(5) 1 representative from the Department of Commerce;
(6) 1 representative from the Federal Energy Regulatory
Commission; and
(7) representatives of State and local governments, as de-
termined appropriate by the Secretary and the Administrator.
(c) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the task force established under sub-
section (a) shall submit a final report that contains the infor-
mation described in paragraph (2) to—
(A) the Committee on Energy and Natural Resources
of the Senate;
(B) the Committee on Natural Resources of the House
of Representatives;
(C) the Committee on Environment and Public Works
of the Senate;
(D) the Committee on Transportation and Infrastruc-
ture of the House of Representatives;
(E) the Committee on Commerce, Science, and Trans-
portation of the Senate;
(F) the Committee on Energy and Commerce of the
House of Representatives;
(G) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(H) the Committee on Education and the Workforce of
the House of Representatives;
(I) the President; and
(J) relevant Federal and State agencies.
(2) INFORMATION INCLUDED.—The report submitted under
paragraph (1) shall include—
(A) an analysis and conclusion of the cause and con-
tributing factors of the Aliso Canyon natural gas leak;
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23 PIPES Act of 2016 Sec. 31

(B) an analysis of measures taken to stop the natural

gas leak, with an immediate focus on other, more effective
measures that could be taken;
(C) an assessment of the impact of the natural gas
leak on—
(i) health, safety, and the environment;
(ii) wholesale and retail electricity prices; and
(iii) the reliability of the bulk-power system;
(D) an analysis of how Federal, State, and local agen-
cies responded to the natural gas leak;
(E) in order to lessen the negative impacts of leaks
from underground natural gas storage facilities, rec-
ommendations on how to improve—
(i) the response to a future leak; and
(ii) coordination between all appropriate Federal,
State, and local agencies in the response to the Aliso
Canyon natural gas leak and future natural gas leaks;
(F) an analysis of the potential for a similar natural
gas leak to occur at other underground natural gas storage
facilities in the United States;
(G) recommendations on how to prevent any future
natural gas leaks;
(H) recommendations regarding Aliso Canyon and
other underground natural gas storage facilities located in
close proximity to residential populations;
(I) any recommendations on information that is not
currently collected but that would be in the public interest
to collect and distribute to agencies and institutions for the
continued study and monitoring of natural gas storage in-
frastructure in the United States; and
(J) any other recommendations, as appropriate.
(3) PUBLICATION.—The final report under paragraph (1)
shall be made available to the public in an electronically acces-
sible format.
(4) FINDINGS.—If, before the final report is submitted
under paragraph (1), the task force established under sub-
section (a) finds methods to solve the natural gas leak at Aliso
Canyon, finds methods to better protect the affected commu-
nities, or finds methods to help prevent other leaks, the task
force shall immediately submit such findings to the entities de-
scribed in subparagraphs (A) through (J) of paragraph (1).

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