Congressional Record: May 1, 2002 (Senate)
Page S3688-S3738                        

  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:


       This Act may be cited as the "Energy Policy Act of 2002".


                   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 
       "(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 
       "(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 
       "(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-




       Section 60117 is amended by adding at the end the 
       "(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 
       "(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 
       "(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