Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
Latest action · Jan 3, 2012 Became Public Law No: 112-90.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedSep 7, 2011
- Passed HouseDec 12, 2011
- Passed SenateDec 13, 2011
- To the PresidentDec 23, 2011
- Became lawJan 3, 2012Public Law 112-90
Summary
Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 - (Sec. 2) Increases civil penalties on an oil, natural gas, or hazardous liquid pipeline facility operator for failure to: (1) mark accurately the location of pipeline facilities in the vicinity of a demolition, excavation, tunneling, or construction; (2) use first a one-call notification system to establish the location of underground facilities in such an area; or (3) comply with safety standards and related requirements, including for inspections, maintenance, risk analysis, and adoption of an integrity management program.
Authorizes the Secretary of Transportation (DOT) to impose a civil penalty for obstruction or prevention of inspections or investigations.
Eliminates: (1) the cap on civil penalties for administrative enforcement actions regarding pipeline safety, and (2) judicial review of any denial of an application for waiver of certain safety requirements.
(Sec. 3) Conditions a state's eligibility for one-call notification and damage prevention program grants on its not providing exemptions to municipalities, state agencies, or their contractors from one-call notification system requirements.
Directs the Secretary to study the impact of excavation damage on pipeline safety.
(Sec. 4) Directs the Secretary to require by regulation the use of automatic or remote-controlled shut-off valves, or equivalent technology, on new or entirely replaced transmission pipeline facilities.
Directs the Comptroller General to study the ability of transmission pipeline operators to respond to a hazardous liquid or gas release from a pipeline segment in a high-consequence area.
(Sec. 5) Directs the Secretary to evaluate whether: (1) integrity management system requirements should be expanded beyond high-consequence areas; and (2) application of integrity management program requirements for gas transmission pipeline facilities to additional areas would mitigate the need for class location requirements.
Requires the Secretary, after a period of congressional review of such evaluation, but only if certain findings are made, to issue regulations to: (1) expand integrity management system requirements, or elements of them, beyond high-consequence areas; and (2) remove redundant class location requirements for gas transmission pipeline facilities regulated under an integrity management program.
Requires the Comptroller General to evaluate whether risk-based reassessment intervals are a more effective alternative for managing risks to pipelines in high-consequence areas once baseline assessments are complete when compared to a 7-year reassessment interval.
(Sec. 6) Directs the Secretary to: (1) maintain and update biennially, as part of the National Pipeline Mapping System, a map of designated high consequence areas in which pipelines are required to meet integrity management program regulations; and (2) develop a program promoting greater awareness of the existence of the National Pipeline Mapping System to state and local emergency responders and other interested parties.
Requires the Secretary to: (1) maintain on file a copy of the most recent oil spill response plan prepared by a pipeline facility owner or operator, and (2) provide a nonconfidential copy of the plan to a person upon written request.
(Sec. 7) Requires the Secretary to conduct biennial follow-up surveys measuring the progress of pipeline facility owners and operators in adopting and implementing plans for the safe management and replacement of cast iron gas pipelines.
(Sec. 8) Directs the Secretary to report to specified congressional committees on leak detection systems utilized by operators of hazardous liquid pipeline facilities and transportation-related flow lines.
Requires the Secretary, after a period of congressional review of the report, but only if certain findings are made, to issue regulations to: (1) require operators of hazardous liquid pipeline facilities to use leak detection systems where practicable; and (2) establish technically, operationally, and economically feasible standards for the leak detection capability of those systems.
(Sec. 9) Requires the Secretary to revise certain regulations to establish specific time limits for telephonic or electronic notice of accidents and incidents involving pipeline facilities to the Secretary and the National Response Center.
(Sec. 10) Amends the Federal Water Pollution Control Act to authorize the Secretary to require recordkeeping and inspection compliance with respect to transportation-related onshore facility response plans.
(Sec. 11) Revises national pipeline mapping system requirements to require each pipeline operator to provide the Secretary certain geospatial or technical data, including design and material specifications.
(Sec. 12) Authorizes the Secretary to collect geospatial or technical data on transportation-related oil flow lines, including unregulated lines.
(Sec. 13) Revises requirements for cost recovery of reviews of the design of new gas or hazardous liquid pipeline facilities or liquefied natural gas pipeline facilities.
Applies such requirements only to any project that: (1) has design and construction costs totaling at least $2.5 million, or (2) uses new or novel technologies or design.
Establishes a Pipeline Safety Design Review Fund in the Treasury.
(Sec. 14) Subjects to DOT pipeline regulation as hazardous liquids any nonpetroleum fuels, including biofuels, that are flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities.
(Sec. 15) Directs the Secretary to prescribe minimum safety standards for the transportation of carbon dioxide by pipeline in a gaseous state. Requires the Secretary to consider whether current federal safety standards for pipelines that transport carbon dioxide in both a liquid and gaseous state would ensure safety.
(Sec. 16) Directs the Secretary to review hazardous liquid pipeline facility regulations to determine whether they are sufficient to regulate pipeline facilities used for the transportation of diluted bitumen.
(Sec. 17) Authorizes the Secretary to analyze the transportation of nonpetroleum hazardous liquids to identify the extent to which pipeline facilities are currently used to transport such liquids, such as chlorine, from chemical production facilities across land areas not owned by the producer that are accessible to the public.
(Sec. 19) Requires the Secretary, for FY2012 and FY2013, and authorizes the Secretary for subsequent fiscal years, to waive certain state cost requirements under a pipeline safety grant to a state that demonstrates an inability to maintain or increase the required funding share of its pipeline safety program because of economic hardship in that state.
(Sec. 20) Directs the Secretary to issue regulations that require the convening before a presiding official who is a staff attorney of the Deputy Chief Counsel of the Pipeline and Hazardous Materials Safety Administration (PHMSA) of any hearings regarding pipeline facilities hazardous to life and property, civil penalty assessments, compliance orders, safety orders, or corrective action orders.
Requires such regulations to implement a separation of functions between personnel involved with the investigation and prosecution of an enforcement case and advising the Secretary on findings and determinations. Requires the presiding official also to be one not engaged in investigative or prosecutorial functions.
(Sec. 21) Directs the Secretary to review existing federal and state regulations for gas and hazardous liquid gathering lines located onshore and offshore in the United States, including within the inlets of the Gulf of Mexico.
Requires the Secretary, if appropriate after reviewing such regulations, to subject offshore hazardous liquid gathering lines and hazardous liquid gathering lines located within the inlets of the Gulf of Mexico to the same standards and regulations as other hazardous liquid gathering lines.
(Sec. 22) Prescribes a next step, if appropriate, after the Secretary issues a final report evaluating the recommendation of the National Transportation Safety Board (NTSB) on excess flow valves an operator of a natural gas distribution system, under its integrity management program for distribution pipelines, must install in applications other than service lines serving one single family residence.
Directs the Secretary, if appropriate as a next step, to require the use of excess flow valves, or equivalent technology, on new or entirely replaced distribution branch services, multi-family facilities, and small commercial facilities located in high-density population areas and environmentally sensitive areas.
(Sec. 23) Directs the Secretary to require each gas pipeline operator or owner to verify records for all interstate and intrastate gas transmission pipelines in class 3 and class 4 locations and class 1 and class 2 high consequence areas to ensure they reflect accurately the pipelines' physical and operational characteristics and confirm their established maximum allowable operating pressures.
Directs the Secretary to issue regulations for conducting tests to confirm the material strength of previously untested natural gas transmission pipelines located in high-consequence areas and operating at a pressure greater than 30% of specified minimum yield strength.
(Sec. 24) Prohibits the Secretary from issuing guidance or a regulation that incorporates by reference any documents unless they are made available to the public, free of charge, on the Internet.
(Sec. 25) Authorizes the Secretary to provide the services of PHMSA personnel to perform pipeline safety training for state and local government personnel.
(Sec. 26) Directs the Comptroller General to report to Congress on the participation of minority-owned business enterprises, woman-owned business enterprises, and disadvantaged business enterprises in the construction and operation of pipelines in the United States.
(Sec. 27) Requires the Comptroller General to study the process for obtaining federal and state permits for pipeline facility construction projects.
(Sec. 28) Directs the Secretary to study hazardous liquid pipeline incidents at crossings of inland bodies of water with a width of at least 100 feet from high water mark to high water mark to determine if the depth of cover over buried pipelines was a factor in any accidental release of hazardous liquids.
Requires the Secretary, if depth of cover over buried pipelines is a contributing factor in such accidental releases, to: (1) review and determine the sufficiency of current requirements, and (2) develop legislative recommendations for improving the safety of buried pipelines at such crossings.
(Sec. 29) Requires gas and hazardous liquid pipeline operators to consider the seismicity of the area in evaluating all potential threats to pipeline segments.
(Sec. 30) Directs the Secretary to develop and implement a protocol for consulting with Indian tribes to provide technical assistance for the regulation of pipelines under their jurisdiction.
(Sec. 31) Directs the Secretary to report to Congress on the total number of full-time equivalent PHMSA positions for pipeline inspection and enforcement personnel.
Authorizes the Secretary to increase the number of PHMSA pipeline inspection and enforcement personnel by 10 full-time equivalent employees provided certain conditions are met.
(Sec. 32) Authorizes appropriations for FY2012-FY2015 for: (1) gas and hazardous liquid pipeline safety grants, (2) emergency response grants, (3) one-call notification programs, (4) state damage prevention programs, (5) community pipeline safety information grants, and (6) an ongoing pipeline transportation research and development program plan.
Cosponsors 1
Members who signed on, in the order they did. All signed on Sep 7, 2011.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-FL | John L. Mica | Original | Sep 7, 2011 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Transportation and Infrastructure Committee | Referred Sep 7, 2011Markup Sep 8, 2011Reported Dec 1, 2011 |
| Railroads, Pipelines, and Hazardous Materials Subcommittee | Referred Sep 8, 2011Discharged Sep 8, 2011 | |
| House | Energy and Commerce Committee | Referred Sep 7, 2011Discharged Dec 1, 2011 |
| Energy Subcommittee | Referred Sep 20, 2011 |
Actions 20
Everything that happened, newest first.
- Jan 3, 2012Signed by President.
- Jan 3, 2012Became Public Law No: 112-90.
- Dec 23, 2011Presented to President.
- Dec 14, 2011Message on Senate action sent to the House.
- Dec 13, 2011Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S8552)
In the Congressional Record 5
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E2289 | Patrick Meehan R-PA | Dec 16, 2011 |
| Senate | Debate and remarks S8689 | Richard J. Durbin D-IL | Dec 15, 2011 |
| House · Extensions | Debate and remarks E2258, H8942Text printed H8942–H8948 | Bill Shuster R-PA, Gene Green D-TX | Dec 14, 2011 |
| Senate | Debate and remarks S8552 | Harry Reid D-NV | Dec 13, 2011 |
| House | Debate and remarks H8330–H8340Text printed H8330–H8333 | Bill Shuster R-PA, Bobby L. Rush D-IL, Corrine Brown D-FL, Fred Upton R-MI, Henry A. Waxman D-CA, Jackie Speier D-CA, John D. Dingell D-MI, John L. Mica R-FL, Nick J. Rahall II D-WV, Ralph M. Hall R-TX, Rick Larsen D-WA | Dec 12, 2011 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- Sep 27, 2011H.R. 2845, Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011Cost estimate for the bill as ordered reported by the House Committee on Transportation and Infrastructure on September 8, 2011
Constitutional authority
The sponsor’s statement, as printed in the page H5965.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 112-470 | PIPELINE SAFETY SINCE SAN BRUNO AND OTHER INCIDENTS106 pages | Commerce, Science, and Transportation Committee | Oct 18, 2011 |
CRS reports 12
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 12
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| IN12575 | Carbon Dioxide (CO2) Pipelines: Safety, Siting, and Eminent Domain | Insight | Jun 27, 2025 |
| R44201 | DOT’s Federal Pipeline Safety Program: Background and Issues for Congress | Report | May 7, 2025 |
| R48127 | Natural Gas Reliability: Issues for Congress | Report | Jul 15, 2024 |
| R42986 | Methane and Other Air Pollution Issues in Natural Gas Systems Archived | Report | Sep 17, 2020 |
| IN11162 | PHMSA’s Pipeline Safety Reauthorization: Funding Issues Archived | Insight | Aug 10, 2020 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HCONRES 93 | Providing for a correction to the enrollment of the bill H.R. 2845. | Related bill | Dec 16, 2011 |
| HR 2937 | Pipeline Infrastructure and Community Protection Act of 2011 | Related bill | Nov 16, 2011 |
Titles 6
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Titles as Introduced
- Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
- Short Titles as Reported to House
- Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
- Short Titles as Passed House
- Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
- Short Titles as Passed Senate
- Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
- Short Titles as Enacted
- Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
Subjects
Assigned by the Library of Congress. Policy area: Transportation and Public Works.
- Accidents
- Administrative law and regulatory procedures
- Administrative remedies
- Alternative and renewable resources
- Business records
- Civil actions and liability
- Congressional oversight
- Department of Transportation
- Emergency communications systems
- Emergency planning and evacuation
- Environmental assessment, monitoring, research
- Government information and archives
- Government studies and investigations
- Government trust funds
- Gulf of Mexico
- Hazardous wastes and toxic substances
- Judicial review and appeals
- Oil and gas
- Pipelines
- Pollution liability
- Research administration and funding
- Research and development
- Transportation and Public Works
- Transportation programs funding
- Transportation safety and security
- User charges and fees
- Water quality
Text 5
Each version as it was printed, newest first.
- —Enrolled Bill
- Dec 13, 2011Received in Senate
- Dec 12, 2011Engrossed in House
- Dec 1, 2011Reported in House
- Sep 7, 2011Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.