Pipeline Revolving Fund and Job Creation Act - Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to offer to enter into agreements to make capitalization grants, including letters of credit, to eligible states for the repair or replacement of natural gas distribution pipelines.
Requires grant funds to be deposited into state revolving loan funds to provide loans or loan guarantees to: (1) facilitate compliance with an intended use plan, or (2) repair or replace those pipelines that have been identified as leak-prone.
Prohibits the use of funds from loans or loan guarantees made by a state to repair or replace natural gas distribution pipelines unless all of the iron, steel, plastic, and manufactured goods used in the repair or replacement are produced in the United States (Buy America).
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4339 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4339
To establish State revolving loan funds to repair or replace natural
gas distribution pipelines.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2014
Mr. Rangel (for himself and Ms. Norton) 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 establish State revolving loan funds to repair or replace natural
gas distribution pipelines.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pipeline Revolving Fund and Job
Creation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Pipeline and Hazardous Materials Safety
Administration.
(2) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(3) State loan fund.--The term ``State loan fund'' means a
pipeline replacement revolving loan fund established by a State
under section 3(a)(2)(B).
SEC. 3. STATE REVOLVING LOAN FUNDS.
(a) Grants to States To Establish Loan Funds.--
(1) In general.--The Administrator shall offer to enter
into agreements with eligible States to make capitalization
grants, including letters of credit, to the States under this
subsection to repair or replace natural gas distribution
pipelines.
(2) Eligibility.--To be eligible to receive a
capitalization grant under this section, a State shall--
(A) enter into a capitalization agreement with the
Administrator under paragraph (1); and
(B) establish a pipeline replacement revolving loan
fund.
(3) Deposit.--Funds granted to a State under this section
shall be deposited in the State loan fund established by the
State.
(4) Period.--The funds granted to a State shall be
available to the State for obligation during the fiscal year
for which the funds are authorized and during the following
fiscal year.
(5) Allotment.--Funds made available to carry out this
section shall be allotted to States in at the discretion of the
Administrator.
(6) Reallotment.--Any funds not obligated by a State by the
last day of the period for which the grants are available shall
be reallotted in accordance with paragraph (5).
(b) Use of Funds.--
(1) In general.--Amounts deposited in a State loan fund,
including loan repayments and interest earned on the amounts,
shall be used only for providing loans or loan guarantees or as
a source of reserve and security for leveraged loans.
(2) Limitations.--
(A) In general.--Loans or loan guarantees made by a
State under paragraph (1)--
(i) may be used only for expenditures of a
type or category that the Administrator has
determined, through guidance, will--
(I) facilitate compliance with a
plan submitted under subsection (c); or
(II) otherwise significantly
further the replacement or repair of
natural gas distribution pipelines that
have been identified as leak-prone; and
(ii) may not be used for the acquisition of
real property or an interest in real property,
unless the acquisition is--
(I) integral to a plan submitted
under subsection (c); and
(II) from a willing seller.
(B) Buying american.--
(i) In general.--The Administrator shall
ensure, through guidance, that, to the maximum
extent practicable, none of the funds from a
loan or loan guarantee made by a State under
paragraph (1) are used to repair or replace
natural gas distribution pipelines unless all
of the iron, steel, plastic, and manufactured
goods used in the repair or replacement are
produced in the United States.
(ii) Waiver.--Clause (i) shall not apply in
any case or category of cases in which the
Administrator finds that--
(I) applying that clause would be
inconsistent with the public interest;
(II) iron, steel, plastic, or the
applicable manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory
quality; or
(III) inclusion of iron, steel,
plastic, and manufactured goods
produced in the United States will
increase the cost of the overall repair
or replacement by more than 25 percent.
(iii) Publication.--If the Administrator
determines that it is necessary to waive the
application of clause (i) based on a finding
under clause (ii), the Administrator shall
publish in the Federal Register a detailed
written justification as to why the provision
is being waived.
(iv) Applicability.--This section shall be
applied in a manner consistent with United
States obligations under international
agreements.
(c) Intended Use Plans.--
(1) In general.--After providing for public review and
comment, each State that has entered into a capitalization
agreement pursuant to this section shall annually prepare a
plan that identifies the intended uses of the amounts available
from the State loan fund of the State.
(2) Contents.--An intended use plan shall include--
(A) a list of the projects to be carried out by
entities receiving the loans in the first fiscal year
that begins after the date of the plan, including a
description of the project;
(B) the criteria and methods established for the
use of funds; and
(C) a description of the financial status of the
State loan fund and the short- and long-term goals of
the State loan fund.
(3) List of projects.--Each State shall, after notice and
opportunity for public comment, publish and periodically update
a list of projects in the State that are eligible for
assistance under this section, including the priority assigned
to each project and, to the maximum extent practicable, the
expected funding schedule for each project and, if possible, an
estimate of expected reductions in greenhouse gas emissions for
the project.
(d) Fund Management.--
(1) In general.--Each State loan fund under this section
shall be established, maintained, and credited with repayments
and interest and the fund corpus shall be available in
perpetuity in accordance with this section.
(2) Investment authorized.--To the extent amounts in the
fund are not required for current obligation or expenditure,
the amounts shall be invested in interest bearing obligations.
(e) State Contributions.--Each capitalization agreement entered
into pursuant to this section shall require that the State deposit in
the State loan fund from State moneys an amount equal to not less than
20 percent of the total amount of the grant to be made to the State on
or before the date on which the grant payment is made to the State.
(f) Administration of State Loan Fund.--
(1) In general.--Each State may annually use not greater
than 4 percent of the funds allotted to the State under this
section to cover the reasonable costs of administration of the
programs under this section, including the recovery of
reasonable costs expended to establish a State loan fund that
are incurred after the date of enactment of this Act.
(2) Guidance and regulations.--The Administrator shall
issue guidance and promulgate regulations as are necessary to
carry out this section, including guidance and regulations--
(A) to ensure that each State commits and expends
funds allotted to the State under this section as
efficiently as practicable in accordance with this
section and applicable State law;
(B) to prevent waste, fraud, and abuse; and
(C) to ensure that the States receiving grants
under this section use accounting, audit, and fiscal
procedures that conform to generally accepted
accounting standards.
(3) State report.--Each State administering a State loan
fund under this section shall submit to the Administrator a
report every 2 years on the activities carried out under this
section, including the findings of the most recent audit of the
fund and the entire State allotment.
(4) Audits.--The Administrator shall periodically audit all
State loan funds established by, and all other amounts allotted
to, the States pursuant to this section in accordance with
procedures established by the Comptroller General of the United
States.
(g) Applicability of Federal Law.--
(1) In general.--The Administrator shall ensure that all
laborers and mechanics employed on projects funded directly, or
assisted in whole or in part, by this Act and contributed to a
State loan fund established by this Act shall be paid wages at
rates not less than those prevailing on projects of a character
similar in the locality as determined by the Secretary of Labor
in accordance with subchapter IV of chapter 31 of part A of
subtitle II of title 40, United States Code.
(2) Authority.--With respect to the labor standards
specified in paragraph (1), the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act such sums as are necessary for each of fiscal years 2014
through 2024.
(b) Limitation.--Only sums appropriated pursuant to subsection (a)
may be used to carry out this Act.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Energy and Power.
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