Congressional Record: May 1, 2002 (Senate)
Page S3688-S3738
NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 2001
On April 25, 2002, the Senate amended and passed H.R. 4, as follows:
Resolved, That the bill from the House of Representatives
(H.R. 4) entitled "An Act to enhance energy conservation,
research and development and to provide for security and
diversity in the energy supply for the American people, and
for other purposes.", do pass with the following amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Energy Policy Act of 2002".
[...]
SEC. 766. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS, AND
COMMUNITY RIGHT-TO-KNOW.
(a) Section 60116 is amended to read as follows:
"Sec. 60116. Public education, emergency preparedness, and
community right-to-know
"(a) Public Education Programs.--(1) Each owner or
operator of a gas or hazardous liquid pipeline facility shall
carry out a continuing program to educate the public on the
use of a one-call notification system prior to excavation and
other damage prevention activities, the possible hazards
associated with unintended releases from the pipeline
facility, the physical indications that such a release may
have occurred, what steps should be taken for public safety
in the event of a pipeline release, and how to report such an
event.
"(2) Within 12 months after the date of enactment of the
Pipeline Safety Improvement Act of 2002, each owner or
operator of a gas or hazardous liquid pipeline facility shall
review its existing public education program for
effectiveness and modify the program as necessary. The
completed program shall include activities to advise affected
municipalities, school districts, businesses, and residents
of pipeline facility locations. The completed program shall
be submitted to the Secretary or, in the case of an
[[Page S3711]]
intrastate pipeline facility operator, the appropriate State
agency and shall be periodically reviewed by the Secretary
or, in the case of an intrastate pipeline facility operator,
the appropriate State agency.
"(3) The Secretary may issue standards prescribing the
elements of an effective public education program. The
Secretary may also develop material for use in the program.
"(b) Emergency Preparedness.--
"(1) Operator liaison.--Within 12 months after the date of
enactment of the Pipeline Safety Improvement Act of 2002, an
operator of a gas transmission or hazardous liquid pipeline
facility shall initiate and maintain liaison with the State
emergency response commissions, and local emergency planning
committees in the areas of pipeline right-of-way, established
under section 301 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001) in each State in
which it operates.
"(2) Information.--An operator shall, upon request, make
available to the State emergency response commissions and
local emergency planning committees, and shall make available
to the Office of Pipeline Safety in a standardized form for
the purpose of providing the information to the public, the
information described in section 60102(d), the operator's
program for integrity management, and information about
implementation of that program. The information about the
facility shall also include, at a minimum--
"(A) the business name, address, telephone number of the
operator, including a 24-hour emergency contact number;
"(B) a description of the facility, including pipe
diameter, the product or products carried, and the operating
pressure;
"(C) with respect to transmission pipeline facilities,
maps showing the location of the facility and, when
available, any high consequence areas which the pipeline
facility traverses or adjoins and abuts;
"(D) a summary description of the integrity measures the
operator uses to assure safety and protection for the
environment; and
"(E) a point of contact to respond to questions from
emergency response representative.
"(3) Smaller communities.--In a community without a local
emergency planning committee, the operator shall maintain
liaison with the local fire, police, and other emergency
response agencies.
"(4) Public access.--The Secretary shall prescribe
requirements for public access, as appropriate, to this
information, including a requirement that the information be
made available to the public by widely accessible
computerized database.
"(c) Community Right-To-Know.--Not later than 12 months
after the date of enactment of the Pipeline Safety
Improvement Act of 2002, and annually thereafter, the owner
or operator of each gas transmission or hazardous liquid
pipeline facility shall provide to the governing body of each
municipality in which the pipeline facility is located, a map
identifying the location of such facility. The map may be
provided in electronic form. The Secretary may provide
technical assistance to the pipeline industry on developing
public safety and public education program content and best
practices for program delivery, and on evaluating the
effectiveness of the programs. The Secretary may also provide
technical assistance to State and local officials in applying
practices developed in these programs to their activities to
promote pipeline safety.
"(d) Public Availability of Reports.--The Secretary
shall--
"(1) make available to the public--
"(A) a safety-related condition report filed by an
operator under section 60102(h);
"(B) a report of a pipeline incident filed by an operator;
"(C) the results of any inspection by the Office of
Pipeline Safety or a State regulatory official; and
"(D) a description of any corrective action taken in
response to a safety-related condition reported under
subparagraph (A), (B), or (C); and
"(2) prescribe requirements for public access, as
appropriate, to integrity management program information
prepared under this chapter, including requirements that will
ensure data accessibility to the greatest extent feasible.".
(b) Safety Condition Reports.--Section 60102(h)(2) is
amended by striking "authorities." and inserting
"officials, including the local emergency responders.".
(c) Conforming Amendment.--The chapter analysis for chapter
601 is amended by striking the item relating to section 60116
and inserting the following:
"60116. Public education, emergency preparedness, community right-to-
know.".
[...]
PART III--PIPELINE SECURITY SENSITIVE INFORMATION
SEC. 781. MEETING COMMUNITY RIGHT TO KNOW WITHOUT SECURITY
RISKS.
Section 60117 is amended by adding at the end the
following:
"(l) Withholding Certain Information.--
"(1) In general.--Notwithstanding any other provision of
this chapter requiring the Secretary to provide information
obtained by the Secretary or an officer, employee, or agent
in carrying out this chapter to State or local government
officials, the public, or any other person, the Secretary
shall withhold such information if it is information that is
described in section 552(b)(1)(A) of title 5, United States
Code.
"(2) Conditional release.--Notwithstanding paragraph (1),
upon the receipt of assurances satisfactory to the Secretary
that the information will be handled appropriately, the
Secretary may provide information permitted to be withheld
under that paragraph--
"(A) to the owner or operator of the affected pipeline
system;
"(B) to an officer, employee or agent of a Federal, State,
tribal, or local government, including a volunteer fire
department, concerned with carrying out this chapter, with
protecting the facilities, with protecting public safety, or
with national security issues;
"(C) in an administrative or judicial proceeding brought
under this chapter or an administrative or judicial
proceeding that addresses terrorist actions or threats of
such actions; or
"(D) to such other persons as the Secretary determines
necessary to protect public safety and security.
"(3) Report to Congress.--The Secretary shall provide an
annual report to the Congress, in appropriate form as
determined by the Secretary, containing a summary of
determinations made by the Secretary during the preceding
year to withhold information from release under paragraph
(1).".
[...]
