49 U.S.C. § 60107 — State pipeline safety grants

Page 1756 TITLE 49—TRANSPORTATION § 60107 2002—Subsec. (a). Pub. L. 107–355, § 4(a)(1), substituted ‘‘AGREEMENTS WITHOUT CERTIFICATION’’ for ‘‘GENERAL AUTHORITY’’ in heading. Subsec. (b). Pub. L. 107–355, § 4(a)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 107–355, § 4(a)(2), (c), redesignated subsec. (b) as (c), designated existing provisions as par. (1), inserted par. heading, realigned margins, and added par. (2). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 107–355, § 4(a)(2), redesignated sub- sec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 107–355, § 4(a)(2), (b), redesignated subsec. (d) as (e), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary may end an agreement made under this section when the Secretary finds that the State authority has not complied with any provi- sion of the agreement. The Secretary shall give the au- thority notice and an opportunity for a hearing before ending an agreement. The finding and decision to end the agreement shall be published in the Federal Reg- ister and may not become effective for at least 15 days after the date of publication.’’ 1996—Pub. L. 104–304 substituted ‘‘State pipeline safe- ty agreements’’ for ‘‘State agreements’’ in section catchline. § 60107. State pipeline safety grants (a) GENERAL AUTHORITY.—If a State authority files an application not later than September 30 of a calendar year, the Secretary of Transpor- tation shall pay not more than 80 percent of the cost of the personnel, equipment, and activities the authority reasonably requires during the next calendar year— (1) to carry out a safety program under a certification under section 60105 of this title or an agreement under section 60106 of this title; or (2) to act as an agent of the Secretary on interstate gas pipeline facilities or interstate hazardous liquid pipeline facilities. (b) PAYMENTS.—After notifying and consulting with a State authority, the Secretary may with- hold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily 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 remaining costs of a safety program, except when the Secretary waives this require- ment. (c) APPORTIONMENT AND METHOD OF PAY- MENT.—The Secretary shall apportion the amount appropriated to carry out this section among the States. A payment may be made under this section in installments, in advance, or on a reimbursable basis. (d) ADDITIONAL AUTHORITY AND CONSIDER- ATIONS.—(1) The Secretary may prescribe— (A) the form of, and way of filing, an appli- cation under this section; (B) reporting and fiscal procedures the Sec- retary considers necessary to ensure the prop- er accounting of money of the Government; and (C) qualifications for a State to meet to re- ceive a payment under this section, including qualifications for State employees who per- form inspection activities under section 60105 or 60106 of this title. (2) The qualifications prescribed under para- graph (1)(C) of this subsection may— (A) consider the experience and training of the employee; (B) order training or other requirements; and (C) provide for approval of qualifications on a conditional basis until specified require- ments are met. (e) REPURPOSING OF FUNDS.—If a State pro- gram’s certification is rejected under section 60105(f) or such program is otherwise suspended or interrupted, the Secretary may use any un- distributed, deobligated, or recovered funds au- thorized under this section to carry out pipeline safety activities for that State within the period of availability for such funds. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1311; Pub. L. 104–304, § 20(c), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 109–468, § 2(c), (d), Dec. 29, 2006, 120 Stat. 3489; Pub. L. 112–90, § 19, Jan. 3, 2012, 125 Stat. 1916; Pub. L. 114–183, § 17, June 22, 2016, 130 Stat. 526.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60107(a) ...... 49 App.:1674(d)(1) (1st sentence). Aug. 12, 1968, Pub. L. 90–481, § 5(d)(1), (3), (4), 82 Stat. 724; Aug. 22, 1972, Pub. L. 92–401, § 2, 86 Stat. 616; Aug. 30, 1974, Pub. L. 93–403, § 2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, § 103(b)(2)(B), 93 Stat. 991. 49 App.:2004(d)(1) (1st sentence). Nov. 30, 1979, Pub. L. 96–129, § 205(d)(1), (3), (4), 93 Stat. 1008. 60107(b) ...... 49 App.:1674(d)(1) (2d, last sen- tences). 49 App.:2004(d)(1) (2d, last sen- tences). 60107(c) ...... 49 App.:1674(d)(2). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 5(d)(2); added Aug. 30, 1974, Pub. L. 93–403, § 2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, §§ 103(b)(2)(B), 109(h)(3), 93 Stat. 991, 996; Apr. 7, 1986, Pub. L. 99–272, § 7002(b)(1), 100 Stat. 139. 49 App.:1674(d)(3). 49 App.:2004(d)(2). Nov. 30, 1979, Pub. L. 96–129, § 205(d)(2), 93 Stat. 1008; Apr. 7, 1986, Pub. L. 99–272, § 7002(b)(2), 100 Stat. 139. 49 App.:2004(d)(3). 60107(d) (1)(A), (B). 49 App.:1674(d)(4). 49 App.:2004(d)(4). 60107(d) (1)(C), (2). 49 App.:1674(d)(5). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 5(d)(5); added Oct. 31, 1988, Pub. L. 100–561, § 104, 102 Stat. 2807. 49 App. 2004(d)(5). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 205(d)(5); added Oct. 31, 1988, Pub. L. 100–561, § 204, 102 Stat. 2811. In subsection (a), before clause (1), the words ‘‘Except as otherwise provided in this section’’ and ‘‘out of funds appropriated or otherwise made available’’ are omitted as surplus. In subsection (b), before clause (1), the word ‘‘pay- ment’’ is substituted for ‘‘funds’’ for clarity. The words ‘‘the total State amount spent’’ are substituted for ‘‘the aggregate expenditures of funds for the State’’, and the words ‘‘at least equal the average amount spent’’ are substituted for ‘‘be maintained at a level which does not fall below the average level of such ex- penditures’’, to eliminate unnecessary words. In clause (1), the words ‘‘that ended June 30, 1967, and June 30, 1968’’ are substituted for ‘‘last two . . . preceding Au- gust 12, 1968’’ for clarity. In clause (2), the words ‘‘that Page 1757 TITLE 49—TRANSPORTATION § 60108 ended September 30, 1978, and September 30, 1979’’ are substituted for ‘‘last two . . . preceding November 30, 1979’’ for clarity. In subsection (c), the words ‘‘the Federal grants-in- aid provisions of’’, ‘‘for payments to aid in the conduct of pipeline safety programs in accordance with para- graph (1) of this subsection’’, and ‘‘with necessary ad- justments on account of overpayments and underpay- ments’’ are omitted as surplus. In subsection (d)(1), before clause (A), the word ‘‘pre- scribe’’ is substituted for ‘‘by regulation, provide for’’ and ‘‘establish by regulation’’ for consistency in the re- vised title and with other titles of the United States Code. In clause (C), the words ‘‘to receive a payment under this section’’ are substituted for ‘‘in order to par- ticipate in the pipeline safety grant program under this subsection’’, and the words ‘‘under section 60105 or 60106 of this title’’ are substituted for ‘‘pursuant to either an annual certification by a State agency or an agreement relating to inspection between a State agency and the Secretary’’, to eliminate unnecessary words. In subsection (d)(2), before clause (A), the words ‘‘qualifications prescribed’’ are substituted for ‘‘regula- tions’’ for clarity and consistency. Editorial Notes AMENDMENTS 2016—Subsec. (b). Pub. L. 114–183, § 17(1), added subsec. (b) and struck out former subsec. (b). Prior to amend- ment, text read as follows: ‘‘After notifying and con- sulting with a State authority, the Secretary may withhold any part of a payment when the Secretary de- cides that the authority is not carrying out satisfac- torily 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 Sec- retary that it will provide the remaining costs of a safety program and that the total State amount spent for a safety program (excluding grants of the United States Government) will at least equal the average amount spent for gas and hazardous liquid safety pro- grams for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement. For each of fis- cal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an in- ability to maintain or increase the required funding share of its safety program at or above the level re- quired by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration de- scribed in the preceding sentence.’’ Subsec. (e). Pub. L. 114–183, § 17(2), added subsec. (e). 2012—Subsec. (b). Pub. L. 112–90 inserted at end ‘‘For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can dem- onstrate an inability to maintain or increase the re- quired funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstra- tion described in the preceding sentence.’’ 2006—Subsec. (a). Pub. L. 109–468, § 2(c), substituted ‘‘not more than 80 percent’’ for ‘‘not more than 50 per- cent’’ in introductory provisions. Subsec. (b). Pub. L. 109–468, § 2(d), substituted ‘‘spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Sec- retary makes the payment, except when the Secretary waives this requirement.’’ for ‘‘spent— ‘‘(1) for a gas safety program, for the fiscal years that ended June 30, 1967, and June 30, 1968; and ‘‘(2) for a hazardous liquid safety program, for the fiscal years that ended September 30, 1978, and Sep- tember 30, 1979.’’ 1996—Pub. L. 104–304 substituted ‘‘State pipeline safe- ty grants’’ for ‘‘State grants’’ in section catchline. § 60108. Inspection and maintenance (a) PLANS.—(1) Each person owning or oper- ating a gas pipeline facility or hazardous liquid pipeline facility shall carry out a current writ- ten plan (including any changes) for inspection and maintenance of each facility used in the transportation and owned or operated by the person. A copy of the plan shall be kept at any office of the person the Secretary of Transpor- tation considers appropriate. The Secretary also may require a person owning or operating a pipeline facility subject to this chapter to file a plan for inspection and maintenance for ap- proval. (2) If the Secretary or a State authority re- sponsible for enforcing standards prescribed under this chapter decides that a plan required under paragraph (1) of this subsection is inad- equate for safe operation, the Secretary or au- thority shall require the person to revise the plan. Revision may be required only after giving notice and an opportunity for a hearing. A plan required under paragraph (1) must be practicable and designed to meet the need for pipeline safe- ty, must meet the requirements of any regula- tions promulgated under section 60102(q), and must include terms designed to enhance the ability to discover safety-related conditions de- scribed in section 60102(h)(1) of this title. In de- ciding on the adequacy of a plan, the Secretary or authority shall consider— (A) relevant available pipeline safety infor- mation; (B) the appropriateness of the plan for the particular kind of pipeline transportation or facility; (C) the reasonableness of the plan; (D) the extent to which the plan will con- tribute to— (i) public safety; (ii) eliminating hazardous leaks and mini- mizing releases of natural gas from pipeline facilities; and (iii) the protection of the environment; and (E) the extent to which the plan addresses the replacement or remediation of pipelines that are known to leak based on the material (including cast iron, unprotected steel, wrought iron, and historic plastics with known issues), design, or past operating and maintenance history of the pipeline. (3) REVIEW OF PLANS.— (A) IN GENERAL.—Not later than 2 years after the date of enactment of this subparagraph, and not less frequently than once every 5 years thereafter, the Secretary or relevant State authority with a certification in effect under section 60105 shall review each plan de- scribed in this subsection. (B) CONTEXT OF REVIEW.—The Secretary may conduct a review under this paragraph as an element of the inspection of the operator car- ried out by the Secretary under subsection (b). (C) INADEQUATE PROGRAMS.—If the Secretary determines that a plan reviewed under this paragraph does not comply with the require- ments of this chapter (including any regula- tions promulgated under this chapter), has not been adequately implemented, is inadequate