In this subtitle the following words have the meanings indicated. “Hazardous liquid” means: any petroleum or petroleum product; any anhydrous ammonia; any carbon dioxide; or any substance or material that: is in a liquid state when transported by a pipeline facility; and may pose an unreasonable risk to life or property when transported by a pipeline facility, as determined by the United States Secretary of Transportation. “Hazardous liquid” does not include liquefied natural gas. “Interstate pipeline” means a pipeline, or part of a pipeline, regulated under 49 U.S.C. Chapter 601 that is used in the transportation of hazardous liquids or carbon dioxide in interstate or foreign commerce. “Intrastate pipeline” means a pipeline, or part of a pipeline, regulated under 49 U.S.C. Chapter 601 that: is used in the transportation of hazardous liquids or carbon dioxide; and is not an interstate pipeline. “Pipeline facility” means new and existing pipe, rights–of–way, and any equipment, facility, or building used in the transportation of hazardous liquids or carbon dioxide. “Pipeline operator” means a person who owns or operates a pipeline facility.

The Commission may act for the United States Secretary of Transportation to implement 49 U.S.C. Chapter 601 with respect to intrastate pipelines located within the State to the extent authorized by certification or agreement with the United States Secretary of Transportation under 49 U.S.C. Chapter 601. The Commission shall: make periodic certifications and reports to the federal Department of Transportation as may be required under 49 U.S.C. Chapter 601; and take any other actions necessary to carry out its responsibilities under a certification or agreement with the United States Secretary of Transportation under this subtitle. The authority of the Commission extends only to pipeline safety and enforcement and does not extend to hazardous liquid spill cleanup and remediation.

The Commission may adopt regulations that establish safety standards and practices applicable to the design, construction, operation, and maintenance of intrastate pipeline facilities. For any intrastate pipeline regulatory program that the Commission establishes under this subtitle, the Commission shall adopt as minimum standards the federal safety standards in Title 49, C.F.R. Parts 195 and 199, as periodically amended. In collaboration with the American Society of Mechanical Engineers, the Commission shall: establish and adopt by regulation methods and best practices for intrastate pipeline facilities; and require introduction of these methods and best practices as soon as may be practicable. The methods shall include quantitative criteria, based on engineering evaluations, to determine whether a wrinkle or other deformity may remain in a pipeline or should be remedied. The Commission may enter, inspect, and examine, at reasonable times and in a reasonable manner, the records and property of an intrastate pipeline operator to determine whether the pipeline operator is acting in compliance with this subtitle and regulations adopted by the Commission under this subtitle. The Commission shall inspect each intrastate pipeline at least once each year. The Commission shall require an intrastate pipeline operator to prepare, maintain, and carry out a written plan for the operation and maintenance of each pipeline facility owned or operated by the intrastate pipeline operator.

An intrastate pipeline operator shall immediately notify the Commission and the National Response Center of any significant: error in information that the pipeline operator has previously submitted to either unit; or new information that relates to reporting criteria or other information that the pipeline operator is required to submit under this subtitle. The Commission shall notify the National Response Center of any error or new information that the Commission or an agent of the Commission discovers while: providing training for pipeline facilities; developing methods and best practices under § 11-203(a)(3) of this subtitle; or inspecting an intrastate pipeline.

Each year an intrastate pipeline operator shall submit an annual report on the state of its pipeline facility to the Commission and to each owner of real property: on which the pipeline facility is located; or adjacent to or contiguous to real property on which the pipeline facility is located. The annual report shall include: a summary description of the system that includes the pipeline facility; a description of the product transported in the pipeline facility and system; State and local emergency response liaison information; a description of the leak detection system in use for the pipeline facility; a description of periodic testing methods used on the pipeline facility and a summary of results of the testing; and any other information that the Commission requires. The Commission shall make annual reports available to the public, including publication using the Internet. At least once every 5 years, an intrastate pipeline operator shall: identify each owner of real property on which the pipeline facility is located; notify each property owner of the presence of the pipeline facility on the owner’s property; verify that each property owner has received the notice; and provide to the Commission a current list of all property owners.

The Commission may assess and collect from an intrastate pipeline operator an inspection fee that may be used by the Commission for administering the regulatory program established by the Commission under this subtitle. The fee may not: exceed the expenses attributable to the inspection and examination of the facility; and include expenses that will be reimbursed by the federal government.

The Commission may bring an action for injunctive relief in a circuit court to: enjoin a violation of this subtitle; enjoin the transportation of a hazardous liquid by pipeline or the operation of a pipeline facility; or enforce a standard established by the Commission under this subtitle.

The Commission may impose on a person who violates this subtitle or a regulation adopted in accordance with this subtitle a civil penalty that does not exceed the maximum penalties provided in 49 U.S.C. Chapter 601 (Hazardous Liquid Pipeline Safety Act). Each day a violation continues is a separate violation under this section. To determine the amount of a penalty imposed under this section, the Commission shall consider: the nature, circumstances, and gravity of the violation; with respect to the violator: the degree of culpability; any history of prior violations; the ability to pay; any effect on the ability to continue doing business; and good faith in attempting to comply; and other matters that justice requires.