DISTRIBUTION INTEGRITY MANAGEMENT PLANS.

SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS. (a) In General.—Section 60109(e) of title 49, United States Code, is amended by adding at the end the following: “(7) Evaluation of risk.— “(A) In general.—Not later than 2 years after the date of enactment of this paragraph, the Secretary shall promulgate regulations to ensure that each distribution integrity management plan developed by an operator of a distribution system includes an evaluation of— “(i) the risks resulting from the presence of cast iron pipes and mains in the distribution system; and “(ii) the risks that could lead to or result from the operation of a low-pressure distribution system at a pressure that makes the operation of any connected and properly adjusted low-pressure gas burning equipment unsafe, as determined by the Secretary. “(B) Consideration.—In carrying out subparagraph (A)(ii), the Secretary shall ensure that an operator of a distribution system— “(i) considers factors other than past observed abnormal operating conditions (as defined in section 192.803 of title 49, Code of Federal Regulations (or a successor regulation)) in ranking risks and identifying measures to mitigate those risks; and “(ii) may not determine that there are no potential consequences associated with low probability events unless that determination is otherwise supported by engineering analysis or operational knowledge. “(C) Deadlines.— “(i) In general.—Not later than 2 years after the date of enactment of this paragraph, each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, a copy of— “(I) the distribution integrity management plan of the operator; “(II) the emergency response plan under section 60102(d)(5); and “(III) the procedural manual for operations, maintenance, and emergencies under section 60102(d)(4). “(ii) Updates.—Each operator of a distribution system shall make available to the Secretary or make available for inspection to the relevant State authority described in clause (i), if applicable, an updated plan or manual described in that clause by not later than 60 days after the date of a significant update, as determined by the Secretary. “(iii) Applicability of foia.—Nothing in this subsection shall be construed to authorize the disclosure of any information that is exempt from disclosure under section 552(b) of title 5. “(D) Review of plans and documents.— “(i) Timing.— “(I) In general.—Not later than 2 years after the date of promulgation of the regulations under subparagraph (A), 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 the distribution integrity management plan, the emergency response plan, and the procedural manual for operations, maintenance, and emergencies of each operator of a distribution system and record the results of that review for use in the next review of the program of that operator. “(II) Grace period.—For the third, fourth, and fifth years after the date of promulgation of the regulations under subparagraph (A), the Secretary— “(aa) shall not use subclause (I) as justification to reduce funding, decertify, or penalize in any way under section 60105, 60106, or 60107 a State authority that has in effect a certification under section 60105 or an agreement under section 60106; and “(bb) shall— “(AA) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a list of States found to be noncompliant with subclause (I) during the annual program evaluation; and “(BB) provide a written notice to each State authority described in item (aa) that is not in compliance with the requirements of subclause (I). “(ii) Review.—Each plan or procedural manual made available under subparagraph (C)(i) shall be reexamined— “(I) on significant change to the plans or procedural manual, as applicable; “(II) on significant change to the gas distribution system of the operator, as applicable; and “(III) not less frequently than once every 5 years. “(iii) Context of review.—The Secretary may conduct a review under clause (i) or (ii) as an element of the inspection of the operator carried out by the Secretary. “(iv) Inadequate programs.—If the Secretary determines that the documents reviewed under clause (i) or (ii) do not comply with the requirements of this chapter (including regulations to implement this chapter), have not been adequately implemented, or are inadequate for the safe operation of a pipeline facility, the Secretary may conduct proceedings under this chapter.” . (b) Contents of State Pipeline Safety Program Certifications.— (1) In general.—Section 60105(b) of title 49, United States Code, is amended— (A) in paragraph (6), by striking “and” at the end; (B) in paragraph (7), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: “(8) has the capability to sufficiently review and evaluate the adequacy of the plans and manuals described in section 60109(e)(7)(C)(i); and “(9) has a sufficient number of employees described in paragraph (3) to ensure safe operations of pipeline facilities, updating the State Inspection Calculation Tool to take into account factors including— “(A) the number of miles of natural gas and hazardous liquid pipelines in the State, including the number of miles of cast iron and bare steel pipelines; “(B) the number of services in the State; “(C) the age of the gas distribution system in the State; and “(D) environmental factors that could impact the integrity of the pipeline, including relevant geological issues.” . (2) [49 U.S.C. 60105 note] Rulemaking.—The Secretary shall promulgate regulations to require that a State authority with a certification in effect under section 60105 of title 49, United States Code, has a sufficient number of qualified inspectors to ensure safe operations, as determined by the State Inspection Calculation Tool and other factors determined to be appropriate by the Secretary. (3) [49 U.S.C. 60105 note] Deadline.—Not later than 2 years after the date of enactment of this Act, the Secretary shall promulgate regulations to implement the amendments made by this subsection.