H.R. 6008 (111th): CLEAN Act

111th Congress, 2009–2010. Text as of Jul 30, 2010 (Introduced).

Status & Summary | PDF | Source: GPO

I

111th CONGRESS

2d Session

H. R. 6008

IN THE HOUSE OF REPRESENTATIVES

July 30, 2010

(for himself, Ms. Corrine Brown of Florida, Mr. Ehlers, Mr. Walz, Mr. Upton, Mr. Peters, Mrs. Miller of Michigan, Mr. Smith of Washington, Mr. Kildee, Mr. Conyers, Ms. Kaptur, Mrs. Halvorson, and Mr. Lipinski) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend title 49, United States Code, to ensure telephonic notice of certain incidents, and for other purposes.

1.

Short title

This Act may be cited as the Corporate Liability and Emergency Accident Notification Act or CLEAN Act.

2.

Notification of incidents

(a)

Telephonic notice of certain incidents

(1)

In general

Chapter 601 of title 49, United States Code, is amended by adding at the end the following:

60138.

Telephonic notice of certain incidents

(a)

In general

An owner or operator of a pipeline facility shall provide immediate telephonic notice of—

(1)

a release of hazardous liquid or another substance regulated under part 195 of title 49, Code of Federal Regulations, resulting in an event for which notice is required under section 195.50 of such title; or

(2)

a release of gas resulting in an incident, as defined in section 191.3 of such title.

(b)

Immediate telephonic notice defined

In subsection (a), the term immediate telephonic notice means telephonic notice, as described in section 191.5 of such title, to the Secretary and the National Response Center at the earliest practicable moment following discovery of a release of gas or hazardous liquid and not later than one hour following the time of such discovery.

(c)

References

Any reference to a regulation in this section means the regulation as in effect on the date of enactment of this section.

.

(2)

Clerical amendment

The analysis for such chapter is amended by adding at the end the following:

60138. Telephonic notice of certain incidents.

.

(b)

Civil penalties

Section 60122(a)(1) of such title is amended—

(1)

in the first sentence—

(A)

by striking , or 60118(a) and inserting 60118(a), or 60138;

(B)

by inserting , or has obstructed or prevented the Secretary from carrying out an inspection or investigation under this chapter, after under this chapter; and

(C)

by striking $100,000 and inserting $250,000; and

(2)

in the last sentence by striking $1,000,000 and inserting $2,500,000.

(c)

Transparency of accidents and incidents

Not later than October 1, 2010, the Secretary of Transportation shall maintain on the Department of Transportation’s Internet Web site a database of all reportable incidents involving gas or hazardous liquid pipelines and allow the public to search the database for incidents by owner or operator of a pipeline facility.