No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9323 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9323
To amend title 49, United States Code, to require the establishment of
an Office of Public Engagement in the Pipeline and Hazardous Materials
Safety Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 6, 2024
Mrs. Trahan 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 require the establishment of
an Office of Public Engagement in the Pipeline and Hazardous Materials
Safety Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline
Accountability, Safety, and Environmental Standards Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SAFETY AND ENVIRONMENTAL PROTECTIONS
Sec. 101. Factors for consideration in prescribing standards.
Sec. 102. Cost-benefit analyses.
Sec. 103. Technical safety standards committees.
Sec. 104. Application of regulations to existing pipelines.
Sec. 105. Rupture-mitigation valves on pipelines in high consequence
areas.
Sec. 106. Safety of carbon dioxide pipelines.
Sec. 107. Blending of hydrogen in natural gas systems.
Sec. 108. Extension and modification of Natural Gas Distribution
Infrastructure Safety and Modernization
Grant Program.
Sec. 109. Rulemaking on underground natural gas storage.
TITLE II--PUBLIC ENGAGEMENT AND TRANSPARENCY
Sec. 201. Office of Public Engagement.
Sec. 202. Disclosure of safety data.
Sec. 203. Reporting of blended products.
Sec. 204. Incident reporting for gas pipelines.
TITLE III--ACCOUNTABILITY
Sec. 301. Prohibition against releases.
Sec. 302. Actions by private persons.
Sec. 303. Penalties.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Pipeline and Hazardous Materials Safety Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(3) Environment.--The term ``environment'' includes--
(A) water, air, and land; and
(B) the interrelationship that exists among and
between water, air, and land and all present and future
generations of living beings.
(4) Environmental.--The term ``environmental'' means
relating to or concerning the environment.
(5) Incident.--The term ``incident'' has the meaning given
the term in section 191.3 of title 49, Code of Federal
Regulations (or a successor regulation).
(6) Natural gas.--The term ``natural gas'' has the meaning
given the term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, acting through the Administrator of the
Administration.
TITLE I--SAFETY AND ENVIRONMENTAL PROTECTIONS
SEC. 101. FACTORS FOR CONSIDERATION IN PRESCRIBING STANDARDS.
(a) In General.--Section 60102(b)(2) of title 49, United States
Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(H) the need to mitigate negative impacts to the
global climate and avoid unnecessarily prolonging the
life span of fossil fuel infrastructure; and
``(I) transition plans toward non-emitting
alternatives.''.
(b) Definition.--
(1) In general.--Section 60101(a) of title 49, United
States Code, is amended--
(A) in paragraph (25), by striking ``and'' at the
end;
(B) in paragraph (22)(B)(iii), by inserting ``and''
after the semicolon at the end;
(C) by redesignating paragraphs (17) through (26)
as paragraphs (18), (19), (20), (24), (25), (26), (21),
(22), (23), and (27), respectively, and moving the
paragraphs so as to appear in numerical order; and
(D) by inserting after paragraph (16) the
following:
``(17) `non-emitting alternative' means a technological or
efficiency-related energy solution that does not entail the use
of fossil fuels that are directly or indirectly related to the
greenhouse effect, including electrification, renewable energy
sources, networked geothermal systems, storage, efficiency, and
behavior change;''.
(2) Conforming amendments.--
(A) Section 70012(c) of title 46, United States
Code, is amended by striking ``section 60101(a)(18)''
and inserting ``section 60101(a)''.
(B) Section 60102(q)(1) of title 49, United States
Code, is amended, in the matter preceding subparagraph
(A), by striking ``subsection (a)(21)'' and inserting
``subsection (a)(25)''.
SEC. 102. COST-BENEFIT ANALYSES.
Section 60102(b) of title 49, United States Code (as amended by
section 101), is amended--
(1) in paragraph (2)--
(A) by striking subparagraphs (D) and (E); and
(B) by redesignating subparagraphs (F) through (I)
as subparagraphs (D) through (G), respectively; and
(2) by striking paragraphs (3) through (7).
SEC. 103. TECHNICAL SAFETY STANDARDS COMMITTEES.
(a) In General.--Section 60115 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking the third sentence;
(2) in subsection (b)(4)--
(A) in subparagraph (C)--
(i) by striking the second and third
sentences and inserting the following:
``(ii) None of the individuals selected for a committee under
paragraph (3)(C) may have a financial interest in the pipeline,
petroleum, ethanol, or gas industries, including through direct
ownership, consulting fees, wages, or research funding provided
directly to the individual, but not including any compensation for a
pipeline easement on the property of the individual.''; and
(ii) by striking ``(C) Two'' and inserting
the following:
``(C)(i) Two''; and
(B) by striking subparagraph (D) and inserting the
following:
``(iii) All individuals under consideration for selection for a
committee under paragraph (3)(C) shall submit to the Secretary such
financial records for the previous year as the Secretary determines
necessary to evaluate compliance with clause (ii). All individuals
selected for a committee under paragraph (3)(C) shall submit to the
Secretary, prior to appointment and annually thereafter for so long as
the individual is a member of the committee, such financial records for
the previous year as the Secretary determines necessary to evaluate
compliance with clause (ii).
``(iv) The Secretary shall provide reasonable compensation for
members of each committee that are appointed under paragraph (3)(C).
Such compensation shall not make a member of a committee an officer or
employee of the Federal Government in determining eligibility for
membership on the applicable committee.''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``Committee each standard proposed under this
chapter for transporting gas and for gas
pipeline facilities including the risk
assessment information and other analyses
supporting each proposed standard;'' and
inserting the following: ``Committee--
``(i) each standard proposed under this chapter
for--
``(I) transporting gas; or
``(II) gas pipeline facilities; and
``(ii) analyses supporting each proposed standard
described in clause (i);''; and
(ii) in subparagraph (B), by striking
``Committee each standard proposed under this
chapter for transporting hazardous liquid and
for hazardous liquid pipeline facilities
including the risk assessment information and
other analyses supporting each proposed
standard.'' and inserting the following:
``Committee--
``(i) each standard proposed under this chapter
for--
``(I) transporting hazardous liquid; or
``(II) hazardous liquid pipeline
facilities; and
``(ii) analyses supporting each proposed standard
described in clause (i).''; and
(B) in paragraph (2), in the first sentence--
(i) by striking ``cost-effectiveness,'';
and
(ii) by inserting ``, and the strength of
the proposed standard to promote safety and
protect the environment (as defined in section
2 of the Pipeline Accountability, Safety, and
Environmental Standards Act of 2024),'' before
``and include''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section and
the amendments made by this section.
SEC. 104. APPLICATION OF REGULATIONS TO EXISTING PIPELINES.
(a) In General.--Section 60104(b) of title 49, United States Code,
is amended--
(1) in the subsection heading, by striking
``Nonapplication'' and inserting ``Application'';
(2) by striking ``does not apply'' and inserting ``may be
applied''; and
(3) by adding at the end the following: ``The authority of
the Secretary to apply any standard promulgated pursuant to
this chapter (including any standard promulgated prior to the
date of enactment of the Pipeline Accountability, Safety, and
Environmental Standards Act of 2024) shall not be limited by
virtue of a pipeline preexisting the issuance of that
standard.''.
(b) Conforming Amendment.--Section 60109(c) of title 49, United
States Code, is amended--
(1) by striking paragraph (11); and
(2) by redesignating paragraph (12) as paragraph (11).
SEC. 105. RUPTURE-MITIGATION VALVES ON PIPELINES IN HIGH CONSEQUENCE
AREAS.
Section 60109(c) of title 49, United States Code (as amended by
section 104(b)(2)), is amended by adding at the end the following:
``(12) Rupture-mitigation valves on pipelines in high
consequence areas.--
``(A) Definitions.--
``(i) Class 3 or 4 location.--The term
`Class 3 or 4 location', with respect to a gas
pipeline facility, means, as applicable--
``(I) a Class 3 location (as
defined in section 192.5(b) of title
49, Code of Federal Regulations (or a
successor regulation)); or
``(II) a Class 4 location (as
defined in that section).
``(ii) Covered location.--The term `covered
location' means--
``(I) a high consequence area; and
``(II) a location where a rupture
could affect--
``(aa) a high consequence
area; or
``(bb) a Class 3 or 4
location.
``(iii) Covered pipeline.--The term
`covered pipeline' means an existing or newly
constructed pipeline, 6 inches or greater in
diameter, that is--
``(I) a gas transmission pipeline;
``(II) a type A onshore gathering
pipeline (as described in section
192.8(c) of title 49, Code of Federal
Regulations (or a successor
regulation));
``(III) a hazardous liquid
pipeline; or
``(IV) a carbon dioxide pipeline.
``(iv) High consequence area.--The term
`high consequence area' means--
``(I) with respect to a gas
pipeline facility, a high consequence
area (as defined in section 192.903 of
title 49, Code of Federal Regulations
(or a successor regulation)); and
``(II) with respect to a hazardous
liquid pipeline facility or relevant
carbon dioxide pipeline facility, a
high consequence area (as defined in
section 195.450 of title 49, Code of
Federal Regulations (or a successor
regulation)).
``(B) Isolation of pipeline segments.--Beginning on
the date that is 5 years after the date of enactment of
the Pipeline Accountability, Safety, and Environmental
Standards Act of 2024, an operator of a covered
pipeline any portion of which is in a covered location
shall, as soon as practicable, but not later than 30
minutes after rupture identification, fully isolate any
ruptured pipeline segment that is in a covered
location, in order to minimize the volume of product
released from the pipeline and mitigate the
consequences of the rupture.
``(C) Demonstration of compliance.--
``(i) Existing pipelines in covered
locations.--Not later than 5 years after the
date of enactment of the Pipeline
Accountability, Safety, and Environmental
Standards Act of 2024, each operator of a
covered pipeline any portion of which is in a
covered location as of that date of enactment
shall demonstrate the ability of the operator
to comply with the requirements of subparagraph
(B).
``(ii) Subsequent determinations.--
Beginning on the date of enactment of the
Pipeline Accountability, Safety, and
Environmental Standards Act of 2024, not later
than 5 years after an existing covered pipeline
is determined to be in a covered location, the
operator of that covered pipeline shall
demonstrate the ability of the operator to
isolate the applicable segment of the covered
pipeline not later than 30 minutes after
rupture identification, in accordance with
subparagraph (B), unless the operator has
received a waiver in accordance with
subparagraph (D) with respect to the applicable
segment that is in effect on the expiration of
that 5-year period.
``(D) Waiver on request.--The Secretary may approve
a waiver of the requirements of subparagraphs (B) and
(C) on the request of an operator of a covered pipeline
if the request--
``(i)(I) demonstrates, in the determination
of the Secretary, that meeting the 30-minute
standard described in subparagraph (B) is
operationally, technologically, or economically
infeasible; and
``(II) describes the methodology used to
reach, and the results of studies supporting,
that conclusion;
``(ii)(I) includes the estimated--
``(aa) isolation time; and
``(bb) consequences of a worst-case
scenario failure on the impacted high
consequence area or Class 3 or 4
location; and
``(II) demonstrates that the operator has
involved the local emergency services in
developing those estimates;
``(iii) demonstrates that the public within
the impacted area and the immediately
surrounding areas has been informed of the
consequences of a rupture and consulted with
respect to a waiver, including by providing the
estimated isolation time; and
``(iv) for a pipeline segment for which a
rupture could affect a high consequence area
that is an unusually sensitive area (as defined
in section 195.6 of title 49, Code of Federal
Regulations (or a successor regulation)),
demonstrates that relevant environmental and
public safety groups have been informed of, and
consulted with respect to, the consequences of
a rupture and the request for a waiver.
``(E) Expiration, renewal, and required review.--
``(i) Expiration.--A waiver granted by the
Secretary under subparagraph (D) shall expire 5
years after the date on which the waiver was
granted.
``(ii) Renewal.--A waiver granted by the
Secretary under subparagraph (D) may be renewed
on the submission by the operator of a new
request in accordance with that subparagraph,
subject to such revision as the Secretary
determines to be appropriate based on a review
of the request.
``(iii) Required review.--
``(I) In general.--Not later than
180 days after the occurrence of an
event described in subclause (II), an
operator receiving a waiver under
subparagraph (D) shall--
``(aa) review the waiver;
and
``(bb) submit to the
Secretary a new request for a
waiver in accordance with that
subparagraph, including such
revisions as the operator
determines appropriate based on
a review of the applicable
event described in that
subclause.
``(II) Events described.--An event
referred to in subclause (I) is any of
the following:
``(aa) A significant
incident anywhere on the
network of pipelines of the
operator.
``(bb) A change in the
operational status of the
applicable pipeline segment
that may impact the safe
operation of the pipeline
facility or the consequences of
a rupture.
``(cc) A change in the
built or natural environment
that may impact the safe
operation of the pipeline
facility or the consequences of
a rupture.
``(dd) A change in the
organizational structure of the
operator, including a change in
staffing levels or locations,
that would affect the ability
of the operator to isolate the
applicable pipeline segment
within the required time.
``(III) Review by the secretary.--
On receipt of a request under subclause
(I)(bb), the Secretary shall--
``(aa) review the request;
and
``(bb) as the Secretary
determines to be appropriate--
``(AA) grant a new
waiver under
subparagraph (D) with
such revisions as the
Secretary determines to
be appropriate;
``(BB) revoke the
existing waiver and
require compliance with
subparagraphs (B) and
(C); or
``(CC) require the
submission of a revised
request by a date
determined by the
Secretary, addressing
such matters as the
Secretary determines to
be appropriate.
``(IV) Expiration due to
inaction.--If an operator has not
submitted to the Secretary a request in
accordance with item (bb) of subclause
(I) by the date described in that
subclause, the existing waiver shall
expire as of that date.
``(F) Rulemaking.--Not later than 2 years after the
date of enactment of the Pipeline Accountability,
Safety, and Environmental Standards Act of 2024, the
Secretary shall promulgate new, or revise existing,
regulations to carry out this paragraph.''.
SEC. 106. SAFETY OF CARBON DIOXIDE PIPELINES.
(a) Definitions.--In this section:
(1) High consequence area.--The term ``high consequence
area'' has the meaning given the term in section 192.903 of
title 49, Code of Federal Regulations (or a successor
regulation ).
(2) Potential impact area.--The term ``potential impact
area'' means the area in which the potential failure of a
pipeline transporting carbon dioxide may be expected to have
significant impact on persons, property, or the environment.
(b) Minimum Safety Standards.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall prescribe under
section 60102(a)(2) of title 49, United States Code, minimum
safety standards for the design, installation, construction,
initial inspection, initial testing, and operation and
maintenance of carbon dioxide pipelines.
(2) Considerations.--In prescribing minimum safety
standards under paragraph (1), the Secretary shall--
(A) prescribe minimum safety standards for all
phases of carbon dioxide pipeline transportation;
(B) develop appropriate standards for the
determination of--
(i) a potential impact area, which may
include the use of plume dispersion models and
consideration of the impacts of local weather
and topography;
(ii) the area in which a rupture may cause
a sufficient concentration of carbon dioxide to
create a risk of fatality;
(iii) high consequence areas;
(iv) pipeline segments that could affect
high consequence areas; and
(v) the acceptable level of contaminants in
the pipeline;
(C) require an effective, appropriate, and unique
odorant, or other effective and appropriate means of
leak detection, as determined through research and
development;
(D) establish measures to ensure effective fracture
propagation protection, including the consideration of
requirements relating to--
(i) material toughness; and
(ii) the use of fracture arrestors;
(E) consider which measures will ensure the maximum
protection of--
(i) public health;
(ii) pipeline integrity; and
(iii) the environment and public safety,
consistent with section 60102 of title 49,
United States Code;
(F) establish detailed safety standards for the
conversion of existing pipelines for use in
transporting carbon dioxide; and
(G) establish guidelines for emergency response
plans and emergency responder training for carbon
dioxide pipeline leaks, ensuring that the relevant
portions of emergency response plans are available to
relevant emergency responders.
(3) Requirement.--The minimum safety standards prescribed
under paragraph (1) shall, at a minimum, be responsive to the
findings and recommendations in the report of the Accident
Investigation Division of the Office of Pipeline Safety of the
Administration entitled ``Failure Investigation Report--Denbury
Gulf Coast Pipelines LLC--Pipeline Rupture/Natural Force
Damage'' and dated May 26, 2022.
(c) Other Requirements.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall promulgate regulations--
(1) requiring operators of carbon dioxide pipelines--
(A) to identify and assess geohazards during
initial pipeline siting;
(B) to monitor for changes in hazardous conditions
that could impact pipeline safety; and
(C) to take preventive and mitigative measures as
appropriate;
(2) establishing reporting requirements relating to--
(A) the location of carbon dioxide pipelines and
related facilities;
(B) the phase and material being transported
through those pipelines, including the type and
quantity of contaminants; and
(C) how those pipelines and contents are inspected;
(3) establishing standards and notification requirements
for cases in which the material being transported by a carbon
dioxide pipeline is not pure carbon dioxide;
(4) requiring operators of carbon dioxide pipelines to
notify and coordinate with relevant Federal, State, local, and
Tribal officials and responders when there is an incident or
accident; and
(5) requiring operators of carbon dioxide pipelines to
notify individuals within the relevant potential impact area of
the hazards posed by carbon dioxide pipelines and measures to
take in the event of a pipeline rupture.
(d) Training and Other Resources.--The Secretary shall provide
training and other resources to relevant local emergency responders
that is tailored specifically to carbon dioxide pipeline ruptures,
including information on the potential impact area, any relevant
odorants, the health implications of exposure to high concentrations of
carbon dioxide, and the impact of high concentrations of carbon dioxide
on vehicle functioning.
SEC. 107. BLENDING OF HYDROGEN IN NATURAL GAS SYSTEMS.
(a) Study.--The Comptroller General of the United States shall--
(1) conduct a study of the short- and long-term safety,
health, environmental, and climate change impacts and risks of
blending hydrogen into existing natural gas systems; and
(2) not later than 3 years after the date of enactment of
this Act, submit to the Secretary and the appropriate
committees of Congress a report describing the results of the
study, including--
(A) a description of any remaining knowledge gaps
relating to safely moving hydrogen-methane blends
through existing natural gas systems;
(B) a description of the safety risks of hydrogen-
methane blends in existing natural gas systems,
including--
(i) leak rates of hydrogen-methane blends
and associated environmental impacts;
(ii) the performance of hydrogen-methane
blends in existing residential, commercial, and
industrial infrastructure; and
(iii) underground migration of leaked
hydrogen-methane blends;
(C) an analysis of any expected climate change
impacts and risks of blending hydrogen into existing
natural gas systems, as compared to--
(i) the status quo; and
(ii) other pathways for greenhouse gas
emissions reduction; and
(D) recommendations to the Secretary for how to
avoid or minimize risks determined under paragraph (1).
(b) Considerations.--In conducting the study under subsection
(a)(1), the Comptroller General of the United States shall take into
consideration, at a minimum, the findings of the study on hydrogen
blending commissioned by the California Public Utilities Commission and
carried out by the University of California, Riverside, entitled
``Hydrogen Blending Impacts Study'' and dated July 18, 2022.
(c) Prohibition.--
(1) In general.--No pipeline operator may transport any
quantity of hydrogen, other than trace amounts present as a
contaminant, through a natural gas distribution pipeline system
under the jurisdiction of the Secretary unless and until
Congress expressly provides, by statute, for the safe
regulation of blending hydrogen into natural gas distribution
pipeline systems.
(2) Application.--The prohibition described in paragraph
(1) shall not apply to natural gas distribution pipelines
that--
(A) have been specifically designed to transport
hydrogen above trace levels; and
(B) have been transporting hydrogen above trace
levels for at least 10 years as of the date of
enactment of this Act.
SEC. 108. EXTENSION AND MODIFICATION OF NATURAL GAS DISTRIBUTION
INFRASTRUCTURE SAFETY AND MODERNIZATION GRANT PROGRAM.
(a) Modification.--The matter under the heading ``natural gas
distribution infrastructure safety and modernization grant program''
under the heading ``Pipeline and Hazardous Materials Safety
Administration'' under the heading ``DEPARTMENT OF TRANSPORTATION'' in
title VIII of division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58; 135 Stat. 1443) is amended--
(1) in the matter preceding the first proviso, by inserting
``(referred to under this heading in this Act as the
`Secretary')'' after ``Secretary of Transportation'';
(2) in the second proviso, by striking ``to repair,
rehabilitate, or replace its natural gas distribution pipeline
system or portions thereof or to acquire equipment to (1)
reduce incidents and fatalities and (2) avoid economic losses''
and inserting ``to repair, rehabilitate, replace, or retire its
natural gas distribution pipeline system or portions thereof or
to acquire equipment to (1) reduce incidents and fatalities,
(2) avoid economic losses, and (3) encourage non-emitting
alternatives''; and
(3) by inserting after the second proviso the following:
``Provided further, That for purposes of the preceding proviso,
the term `non-emitting alternative' means a technological or
efficiency-related energy solution that does not entail the use
of fossil fuels that are directly or indirectly related to the
greenhouse effect, including electrification, renewable energy
sources, networked geothermal systems, storage, efficiency, and
behavior change: Provided further, That the promotion or
encouragement of non-emitting alternatives (as defined in the
preceding proviso) may include workforce training programs:
Provided further, That in making grants from funds made
available under this heading in this Act, the Secretary shall
give additional consideration to an applicant if all workers
employed or contracted by the applicant are paid wages at rates
not less than those prevailing on projects of a similar
character in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code, and to workforce training programs that
comply with apprenticeship requirements similar to the
apprenticeship requirements described in section 45(b)(8) of
the Internal Revenue Code of 1986, as determined or established
by the Secretary for purposes of making those grants:''.
(b) Requirement.--Of the amounts made available by subsection (c)
each fiscal year, not less than 20 percent shall be used for non-
emitting alternatives (as defined in the third proviso under the
heading ``natural gas distribution infrastructure safety and
modernization grant program'' under the heading ``Pipeline and
Hazardous Materials Safety Administration'' under the heading
``DEPARTMENT OF TRANSPORTATION'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58; 135 Stat.
1443)).
(c) Authorization of Additional Funding.--There are authorized to
be appropriated to carry out the Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program described under
the heading ``natural gas distribution infrastructure safety and
modernization grant program'' under the heading ``Pipeline and
Hazardous Materials Safety Administration'' under the heading
``DEPARTMENT OF TRANSPORTATION'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58; 135 Stat.
1443)--
(1) $200,000,000 for fiscal year 2027, to remain available
until September 30, 2036;
(2) $200,000,000 for fiscal year 2028, to remain available
until September 30, 2037;
(3) $200,000,000 for fiscal year 2029, to remain available
until September 30, 2038;
(4) $200,000,000 for fiscal year 2030, to remain available
until September 30, 2039; and
(5) $200,000,000 for fiscal year 2031, to remain available
until September 30, 2040.
SEC. 109. RULEMAKING ON UNDERGROUND NATURAL GAS STORAGE.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall promulgate new, or revise existing,
regulations to address underground natural gas storage.
(b) Requirement.--In carrying out subsection (a), the Secretary
shall review and consider relevant technical and scientific information
on the safety of underground natural gas storage, including the most
recently updated version of each of the following:
(1) The standard of the American Petroleum Institute
entitled ``Design and Operation of Solution-mined Salt Caverns
used for Natural Gas Storage'' and numbered API Recommended
Practice 1170.
(2) The standard of the American Petroleum Institute
entitled ``Functional Integrity of Natural Gas Storage in
Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs'' and
numbered API Recommended Practice 1171.
(c) Topics.--In carrying out subsection (a), the Secretary shall
review and consider updates to existing regulations relating to risk
management, emergency response, and ensuring that underground natural
gas storage wells do not pose undue risks from single points of
failure.
TITLE II--PUBLIC ENGAGEMENT AND TRANSPARENCY
SEC. 201. OFFICE OF PUBLIC ENGAGEMENT.
(a) In General.--Section 108 of title 49, United States Code, is
amended--
(1) in subsection (a), by inserting ``(referred to in this
section as the `Administration')'' after ``Safety
Administration'';
(2) in subsection (c), in the first sentence, by inserting
``(referred to in this section as the `Administrator'),'' after
``shall be the Administrator''; and
(3) by adding at the end the following:
``(h) Office of Public Engagement.--
``(1) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' has the meaning
given the term in section 2 of the Pipeline
Accountability, Safety, and Environmental Standards Act
of 2024.
``(B) Director.--The term `Director' means the
Director of the Office appointed under paragraph (3).
``(C) Environmental justice community.--The term
`environmental justice community' means a community
with significant representation of communities of
color, low-income communities, or Tribal and Indigenous
communities, that experiences, or is at risk of
experiencing, higher or more adverse human health or
environmental effects.
``(D) Incident.--The term `incident' has the
meaning given the term in section 191.3 of title 49,
Code of Federal Regulations (or a successor
regulation).
``(E) Low-income community.--The term `low-income
community' means a census block group in which 30
percent or more of the population are individuals with
an annual household income equal to, or less than, the
greatest of--
``(i) an amount equal to 80 percent of the
median income of the area in which the
household is located, as reported by the
Department of Housing and Urban Development;
``(ii) 200 percent of the Federal poverty
line; and
``(iii) a level of income higher than the
levels described in clauses (i) and (ii), as
determined by the Secretary.
``(F) Office.--The term `Office' means the Office
of Public Engagement of the Administration established
under paragraph (2).
``(2) Establishment.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Administrator
shall establish within the Administration an office, to
be known as the `Office of Public Engagement'.
``(B) Process.--Before establishing the Office
under subparagraph (A), the Administrator shall--
``(i) seek and incorporate public input
regarding the responsibilities of the Office,
including through in-person public meetings,
prioritizing input from individuals without
financial interests in the pipeline, petroleum,
ethanol, or gas industries, including
environmental justice communities and experts
in community engagement; and
``(ii) submit to the appropriate committees
of Congress a summary of the input received
pursuant to clause (i) and an explanation of
how that input will be integrated into the
establishment of the Office.
``(C) Compensation.--The Administrator may provide
reasonable compensation for those providing input
pursuant to subparagraph (B) in order to facilitate the
participation of environmental justice communities.
``(3) Director.--The Office shall be headed by a Director,
who shall--
``(A) be appointed by the Administrator;
``(B) report to the Associate Administrator for
Pipeline Safety; and
``(C) be responsible for the discharge of the
functions and duties of the Office.
``(4) Employees.--The Director may appoint, and assign the
duties of, employees of the Office.
``(5) Duties and functions of the office.--
``(A) Coordination of assistance.--The Director
shall coordinate the provision of assistance, including
financial assistance, technical assistance, and
educational assistance to the public, with respect to
the authorities exercised by the Administration,
including by proactive and targeted community outreach
that incorporates--
``(i) accessible communications;
``(ii) the provision of in-person and
online communications; and
``(iii) translations to languages spoken by
impacted populations.
``(B) Public engagement.--The Director shall
coordinate active and ongoing engagement with the
public with respect to the authority and activities of
the Administration, including by--
``(i) conducting--
``(I) proactive outreach, which may
include public postings, signage at
relevant physical locations, newspaper
publications, utility bill inserts,
mailings, phone calls, canvassing, and
door hangers, to communities,
especially environmental justice
communities, using varied media; and
``(II) meetings, set at times and
places to maximize the number of
community members who can conveniently
attend, with appropriate services,
including, if the Director determines
it would have a meaningful impact on
participation by members of affected
environmental justice communities--
``(aa) translation and
interpreting services;
``(bb) virtual attendance;
and
``(cc) reasonable funding
for transportation to and from
meetings, food, and caregiving;
``(ii) establishing an independent,
neutral, accessible, confidential, and
standardized process to receive, review, and
process complaints and allegations with respect
to the activities of the Administration and
entities regulated by the Administration;
``(iii) assisting individuals in resolving
complaints and allegations described in clause
(ii);
``(iv) making publicly available, and
proactively disseminating, information on the
manner in which members of the public may file
inquiries, complaints, and allegations;
``(v) coordinating with the Federal Energy
Regulatory Commission, State agencies, and, as
necessary, other agencies to direct public
inquiries that are not within the jurisdiction
of the Administration to the relevant agency;
and
``(vi) preparing, and making publicly
available in accessible formats, educational
materials about the Administration, the
responsibilities of the Administration, and how
those responsibilities interact with entities
under the jurisdiction of the Administration
and other Federal, State, local, or Tribal
government agencies.
``(C) Post-incident support.--The Director shall
facilitate, including by directing impacted individuals
to the appropriate agency and coordinating with
relevant counterparts at other agencies, appropriate
remediation, environmental testing, and assistance with
compensation in the case of leaks, incidents,
accidents, or other relevant events.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out section 108(h) of title 49,
United States Code, $12,000,000 for each of fiscal years 2025 through
2028.
SEC. 202. DISCLOSURE OF SAFETY DATA.
Section 60132 of title 49, United States Code, is amended--
(1) in subsection (b), by striking ``subsection (a)'' and
inserting ``subparagraph (A)'';
(2) by redesignating subsection (b) as subparagraph (C) and
indenting appropriately;
(3) in subsection (a)--
(A) in paragraph (4), in the second sentence, by
striking ``The Secretary'' and inserting the following:
``(B) Notice requirement.--With respect to data
requested from operators under subparagraph (A)(vi),
the Secretary'';
(B) by redesignating paragraphs (1) through (4) as
clauses (i), (ii), (v), and (vi), respectively, and
indenting appropriately;
(C) by inserting after clause (ii) (as so
redesignated) the following:
``(iii) Information on the matters
described in paragraph (2)(E).
``(iv) The location and type of any valves
installed on the pipeline.''; and
(D) in the matter preceding clause (i) (as so
redesignated)--
(i) by striking ``and gathering lines'';
(ii) by striking ``of Transportation''; and
(iii) by striking the subsection
designation and heading and all that follows
through ``this section, the'' and inserting the
following:
``(a) Definitions.--In this section:
``(1) Class location.--The term `class location' means a
class location described in section 192.5 of title 49, Code of
Federal Regulations (or a successor regulation).
``(2) Covered pipeline facility.--The term `covered
pipeline facility' means--
``(A) a gas transmission pipeline facility;
``(B) a type A onshore gathering pipeline (as
described in section 192.8(c) of title 49, Code of
Federal Regulations (or a successor regulation));
``(C) a hazardous liquid pipeline facility; and
``(D) a carbon dioxide pipeline facility.
``(3) High consequence area.--The term `high consequence
area' means--
``(A) with respect to a gas pipeline facility, a
high consequence area (as defined in section 192.903 of
title 49, Code of Federal Regulations (or a successor
regulation)); and
``(B) with respect to a hazardous liquid pipeline
facility or relevant carbon dioxide pipeline facility,
a high consequence area (as defined in section 195.450
of title 49, Code of Federal Regulations (or a
successor regulation)).
``(4) Maximum allowable operating pressure.--The term
`maximum allowable operating pressure' has the meaning given
the term in section 192.3 of title 49, Code of Federal
Regulations (or a successor regulation).
``(5) Maximum operating pressure.--The term `maximum
operating pressure' has the meaning given the term in section
195.2 of title 49, Code of Federal Regulations (or a successor
regulation).
``(6) Moderate consequence area.--The term `moderate
consequence area' has the meaning given the term in section
192.3 of title 49, Code of Federal Regulations (or a successor
regulation).
``(7) Potential impact area.--The term `potential impact
area' means the area in which the potential failure of a
pipeline may be expected to have a significant impact on
persons, property, or the environment (as defined in section 2
of the Pipeline Accountability, Safety, and Environmental
Standards Act of 2024).
``(8) Potential impact radius.--The term `potential impact
radius' has the meaning given the term in section 192.903 of
title 49, Code of Federal Regulations (or a successor
regulation).
``(b) Information to Be Provided.--
``(1) Information to be provided to the secretary.--
``(A) In general.--The'';
(4) in subsection (b) (as so designated), by adding at the
end the following:
``(2) Information to be provided to the public.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Pipeline Accountability,
Safety, and Environmental Standards Act of 2024, each
operator of a covered pipeline facility shall provide
to the public, free of charge, on a publicly accessible
website, in a simple and consolidated form--
``(i) information about the substances
being transported by pipelines managed by the
operator, including any blended products, any
relevant odorants, and any contaminants;
``(ii) the plans that have been made for
the decommissioning of--
``(I) each abandoned pipeline of
the operator; and
``(II) each removed or remediated
pipeline of the operator;
``(iii) contact information for the
operator and the Pipeline and Hazardous
Materials Safety Administration;
``(iv) relevant portions of operator
emergency response plans needed by the public
to prepare State, local, commercial, nonprofit,
and personal emergency response plans;
``(v) information about how far buildings
are required to be set back from a pipeline;
and
``(vi) for carbon dioxide pipelines--
``(I) the results of any dispersion
modeling performed; and
``(II) any estimates of the zone in
which carbon dioxide concentrations
could be fatal in the event of a
pipeline rupture.
``(B) Updates.--The information provided under
subparagraph (A) shall be updated as necessary, but not
less frequently than once each year.
``(C) Annual notification.--
``(i) In general.--Each operator of a
covered pipeline facility with a diameter of at
least 6 inches shall, not less frequently than
annually, provide to the recipients described
in clause (ii) a notification that includes all
information described in subparagraph (A) with
respect to the pipeline facility.
``(ii) Recipients described.--The
recipients referred to in clause (i) are--
``(I) the Secretary;
``(II) the owners of all occupied
residences and operational commercial
structures that, in the determination
of the Secretary, could be impacted by
a rupture of the covered pipeline
facility;
``(III) any tenants of those
structures; and
``(IV) relevant first responders.
``(iii) Requirement.--A notification under
clause (i) shall include--
``(I) a description of the changes
from the previous notification provided
under that clause, if applicable;
``(II) a statement of the
relevant--
``(aa) legal duties of the
operator; and
``(bb) legal rights of, as
applicable--
``(AA) the owners
and residents of the
occupied residences; or
``(BB) the owners,
tenants, and manager of
the operational
commercial structure;
and
``(III) a statement informing the
recipient of the additional information
that the recipient may request under
subparagraph (D).
``(D) Additional information.--On the request of
any person, an operator of a pipeline facility shall
provide to that person--
``(i) the information described in
subparagraph (A) with respect to all pipeline
facilities of the operator; and
``(ii) pipeline safety information,
including--
``(I) information on the matters
described in subparagraph (E) with
respect to each pipeline facility
operated by the operator;
``(II) educational material
relating to the matters described in
that subparagraph to better inform the
public about the information disclosed
under subclause (I), provided in a
simple and consolidated form; and
``(III) a description of how the
information described in subclause (I)
was acquired or determined, including
any formulas used and any tests carried
out.
``(E) Matters described.--The matters referred to
in subparagraph (D)(ii)(I) and paragraph (1)(A)(iii)
include--
``(i) high consequence areas;
``(ii) moderate consequence areas;
``(iii) potential impact radii and
potential impact areas;
``(iv) class locations;
``(v) pipe size;
``(vi) the date of pipeline construction;
``(vii) the history of incidents,
accidents, and repairs on the pipeline;
``(viii) geohazards that may impact
pipeline safety;
``(ix) pressure information, including--
``(I) maximum operating pressure;
and
``(II) maximum allowable operating
pressure;
``(x) with respect to gathering lines, the
types of gathering lines, including Type A,
Type B, Type C, and Type R pipelines;
``(xi) the health, safety, and environment
management programs of the operator; and
``(xii) any other matter that--
``(I) relates to the safety and
reliability of a pipeline facility
under the jurisdiction of the
Secretary; and
``(II) in the determination of the
Secretary, is in the public interest to
be disclosed.
``(F) Deadline.--Not later than 90 days after
receiving a request under subparagraph (D), an operator
of a pipeline facility shall provide the information
required to be disclosed under that subparagraph to the
person making the request.
``(3) Rulemaking.--Not later than 2 years after the date of
enactment of the Pipeline Accountability, Safety, and
Environmental Standards Act of 2024, the Secretary shall
promulgate regulations to carry out this subsection, including
providing for standardized formats for operators to release
information to the public.'';
(5) in subsection (d)--
(A) in the subsection heading, by striking ``High-
consequence'' and inserting ``High Consequence'';
(B) in paragraph (1)--
(i) by striking ``high-consequence areas
(as described in section 60109(a))'' and
inserting ``high consequence areas''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(3) make the map available to the public on an internet
website, in a machine-readable format, as part of the National
Pipeline Mapping System Public Map Viewer or at an alternative
location.''; and
(6) in subsection (f), by striking ``subsection (a)'' and
inserting ``subsection (b)(1)''.
SEC. 203. REPORTING OF BLENDED PRODUCTS.
(a) In General.--All operators of natural gas pipelines shall
report to the Secretary blended, non-predominant products that exceed,
at any point in time, 1 percent by volume of the product transported by
the pipeline.
(b) Rulemaking.--The Secretary may promulgate new, or revise
existing, regulations to implement the requirements of subsection (a).
SEC. 204. INCIDENT REPORTING FOR GAS PIPELINES.
(a) Definition of Gas.--In this section, the term ``gas'' has the
meaning given the term in section 60101(a) of title 49, United States
Code.
(b) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall promulgate new, or revise existing,
regulations to require operators of gas pipelines--
(1) to meet incident reporting standards that require those
operators to report all gas releases of 50,000 cubic feet or
more, regardless of any intent of the operator or any other
person with respect to the release; and
(2) to report--
(A) all incidents resulting in fire or explosion;
(B) all incidents resulting in property damage of
$50,000 or more in value; and
(C) all incidents resulting in bodily harm to any
person resulting in--
(i) loss of consciousness;
(ii) necessity to carry a person from the
scene;
(iii) necessity for medical treatment; or
(iv) disability that prevents the discharge
of normal duties or the pursuit of normal
duties beyond the day of the incident.
TITLE III--ACCOUNTABILITY
SEC. 301. PROHIBITION AGAINST RELEASES.
Section 60118(a) of title 49, United States Code, is amended--
(1) in paragraph (4), by striking the period at the end and
inserting ``; and'';
(2) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(3) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``facility shall--'' and inserting
the following: ``facility--
``(1) shall--''; and
(4) by adding at the end the following:
``(2) shall not release gas or hazardous liquid from a
pipeline facility in a quantity that would require the
reporting of an incident or accident under a regulation
prescribed under this chapter.''.
SEC. 302. ACTIONS BY PRIVATE PERSONS.
Section 60121 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) in paragraph (1), by striking ``(1) A person''
and all that follows through ``However, the person'' in
the second sentence and inserting the following:
``(1) Civil action.--A person may bring a civil action in
an appropriate district court of the United States for all
appropriate relief, including civil penalties and injunctive
relief, against--
``(A) another person (including the United States
Government and other governmental authorities to the
extent permitted under the 11th Amendment to the
Constitution of the United States) for a violation of
this chapter or a regulation prescribed or order issued
under this chapter; or
``(B) the Secretary where there is alleged a
failure of the Secretary to perform any act or duty
under this chapter that is nondiscretionary.
``(2) Requirements and limitations.--With respect to a
civil action described in paragraph (1), a person'';
(C) in paragraph (2) (as so designated), by
indenting subparagraphs (A) through (C) appropriately;
(D) in paragraph (3) (as so redesignated), by
striking the paragraph designation and all that follows
through ``The Secretary shall'' and inserting the
following:
``(3) Notice.--The Secretary shall'';
(E) in paragraph (4) (as so redesignated), by
striking the paragraph designation and all that follows
through ``The Secretary, with'' and inserting the
following:
``(4) Intervention.--The Secretary, with''; and
(F) by adding at the end the following:
``(5) Jurisdiction.--The district courts of the United
States shall have jurisdiction, without regard to the amount in
controversy or the citizenship of the parties--
``(A) to enforce a pipeline safety standard or
limitation established under this chapter;
``(B) to enforce a regulation prescribed or order
issued under this chapter;
``(C) to order the Secretary to perform any act or
duty under this chapter; and
``(D) to impose any appropriate civil penalties
under section 60122.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), in the first sentence, by striking ``The
court'' and inserting the following:
``(1) In general.--The court''; and
(C) in paragraph (1) (as so designated), in the
matter preceding subparagraph (A) (as so redesignated),
by striking, ``The court may award costs to'' in the
second sentence and all that follows through ``In this
subsection'' in the third sentence and inserting the
following:
``(2) Reasonable attorney's fee.--For purposes of paragraph
(1)''; and
(3) by adding at the end the following:
``(e) Venue; Intervention by the Secretary.--
``(1) Venue.--Any action under this section may be brought
in--
``(A) the district court of the United States for
the judicial district in which the violation occurred;
or
``(B) the United States District Court for the
District of Columbia.
``(2) Intervention by the Secretary.--If the Secretary is
not a party to an action described in paragraph (1), the
Secretary may intervene in that action as a matter of right.
``(f) Nonrestriction of Other Rights.--
``(1) In general.--Except as otherwise limited by section
60104(c), nothing in this section restricts any right that any
person (or class of persons) may have under any statute or the
common law--
``(A) to seek enforcement of any standard or
limitation; or
``(B) to seek any other relief (including relief
against the Secretary or a State agency).
``(2) State, local, and interstate authority.--Except as
otherwise limited by section 60104(c), nothing in this section
shall be construed to prohibit, exclude, or restrict any State,
local, or interstate authority from--
``(A) bringing any enforcement action or obtaining
any judicial remedy or sanction in any State or local
court; or
``(B) bringing any administrative enforcement
action or obtaining any administrative remedy or
sanction in any State or local administrative agency,
department, or instrumentality under any State or local
law relating to pipeline safety against--
``(i) the United States;
``(ii) any department, agency, or
instrumentality of the United States; or
``(iii) any officer, agent, or employee of
the United States.''.
SEC. 303. PENALTIES.
(a) Maximum Civil Penalty for a Related Series of Violations.--
Section 60122(a)(1) of title 49, United States Code, is amended by
striking the third sentence.
(b) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise subpart B of part 190
of title 49, Code of Federal Regulations, in accordance with the
amendment made by subsection (a).
<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.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line