House Bill Analysis

HJM 4019

HOUSE AGRICULTURE AND ECOLOGY COMMITTEE                 January 25, 2000

House Joint Memorial 4019 petitions the President and Congress of the United States to enact legislation amending the federal Pipeline Safety Act that allows states to adopt and enforce standards stricter than federal standards in order to promote pipeline safety.

BACKGROUND:

The federal pipeline safety act (49 U.S.C. 60101 et seq.) administered by the Office of Pipeline Safety within the U.S. Department of Transportation preempts states from adopting safety standards for interstate pipelines.  The federal law does allow, however, for state oversight of intrastate pipeline safety through a certification or agreement process.  The law also allows states to seek and accept designation of their inspectors as federal agents for the purpose of inspecting interstate hazardous liquid pipelines.  To date, only four states have received this designation and, in the mid-1990's,  the federal Office of Pipeline Safety decided to no longer issue designations.

Although states that are certified to assume responsibility for intrastate pipelines are eligible to receive federal funding for up to fifty percent of their program cost, actual appropriations have been less.

A pipeline accident in June of 1999 cost the lives of three young people in Bellingham, Washington.  As a result of this tragedy, Governor Gary Locke convened a task force on pipeline accident prevention and response.  The task force issued a set of recommendations in December 1999.  Among the governor=s principal recommendations are the following:

Cto seek reauthorization of the federal pipeline safety act that either (1) removes the federal pre-emption clause that prevents the state from adopting safety standards for interstate pipelines; or (2) provides additional authority to states for the administration of interstate pipeline safety programs.

Cto seek additional funding for state pipeline safety programs.

Prepared for the House Agriculture and Ecology Committee

Carole Richmond (786-7114)

Office of Program Research

SUMMARY:

House Joint Memorial 4019 petitions the President and Congress of the United States to enact legislation amending the federal Pipeline Safety Act that allows states to:

Cadopt and enforce standards stricter than federal standards;

Cseek authority to administer and enforce federal pipeline safety standards.

As an interim measure, while Congress considers legislation, the President is petitioned to direct the federal Office of Pipeline Safety to grant authority to qualified states so that they may enforce federal standards.

Congress is petitioned to increase funding for state pipeline safety programs, to provide additional support for states with delegated authority to enforce federal standards, and for the federal Office of Pipeline Safety for research and development of technologies related to testing, leak detection, and oversight.