S. 2905
119th CONGRESS 1st Session
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 SENATE OF THE UNITED STATES · September 18 (legislative day, September 16), 2025 · Sponsor: Mr. Markey · Committee: Committee on Commerce, Science, and Transportation
Sec. 1. Short title; table of contents.
- (a) Short title
- This Act may be cited as the Pipeline Accountability Act of 2025.
- Short title
- (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 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. Public hearings on proposed rules.
- Sec. 203. Disclosure of safety data.
- Sec. 204. Reporting of blended products.
- Sec. 205. 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:
- The term
Administrationmeans the Pipeline and Hazardous Materials Safety Administration. - The term
appropriate committees of Congressmeans— - The term includes—
environment - The term
environmentalmeans relating to or concerning the environment. - The term
incidenthas the meaning given the term in section 191.3 of title 49, Code of Federal Regulations (or a successor regulation). - The term
natural gashas the meaning given the term in section 2 of the Natural Gas Act (). 15 U.S.C. 717a - The term
Secretarymeans 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—
- In general
- in subparagraph (F), by striking
andat the end; - in subparagraph (G), by striking the period at the end and inserting a semicolon; and
- the need to mitigate negative impacts to the global climate and avoid unnecessarily prolonging the life span of fossil fuel infrastructure; and
- transition plans toward non-emitting alternatives.
- by adding at the end the following:
- in subparagraph (F), by striking
- (b) Definition
- Section 60101(a) of title 49, United States Code, is amended—
Sec. 102. Cost-benefit analyses.
Section 60102(b) of title 49, United States Code (as amended by section 101), is amended—
- in paragraph (2)—
- by striking subparagraphs (D) and (E); and
- by redesignating subparagraphs (F) through (I) as subparagraphs (D) through (G), respectively; and
- 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—
- In general
- in subsection (a), by striking the third sentence;
- in subsection (b)(4)—
- 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.
- (ii) by striking and inserting the following:
- (C)
- (i) Two
- (C)
- (i) by striking the second and third sentences and inserting the following:
- 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.
- in subparagraph (C)—
- in subsection (c)—
- in paragraph (1)—
- (i) in subparagraph (A), by striking and inserting the following: “Committee—
- (i) each standard proposed under this chapter for—
- transporting gas; or
- gas pipeline facilities; and
- (ii) analyses supporting each proposed standard described in clause (i);
- (ii) in subparagraph (B), by striking and inserting the following: “Committee—
- (i) each standard proposed under this chapter for—
- transporting hazardous liquid; or
- hazardous liquid pipeline facilities; and
- (ii) analyses supporting each proposed standard described in clause (i).
- (i) in subparagraph (A), by striking and inserting the following: “Committee—
- in paragraph (2), in the first sentence—
- (i) by striking ; and
- (ii) by inserting before .
- in paragraph (1)—
- (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—
- In general
- in the subsection heading, by striking and inserting ;
- by striking
does not applyand insertingshall be applied; and - by adding at the end the following: Pipeline Accountability Act of 2025.
- (b) Conforming amendment
- Section 60109(c) of title 49, United States Code, is amended—
- by striking paragraph (11); and
- by redesignating paragraph (12) as paragraph (11).
- Section 60109(c) of title 49, United States Code, is amended—
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
- Definitions
- (i) The term , with respect to a gas pipeline facility, means, as applicable—
Class 3 or 4 location - Class 3 or 4 location
- a Class 3 location (as defined in section 192.5(b) of title 49, Code of Federal Regulations (or a successor regulation)); or
- a Class 4 location (as defined in that section).
- (ii) The term
covered locationmeans— - a high consequence area; and
- a location where a rupture could affect—
- a high consequence area; or
- a Class 3 or 4 location.
- (iii) The term
covered pipelinemeans an existing or newly constructed pipeline, 6 inches or greater in diameter, that is— - a gas transmission pipeline;
- a type A onshore gathering pipeline (as described in section 192.8(c) of title 49, Code of Federal Regulations (or a successor regulation));
- a hazardous liquid pipeline; or
- a carbon dioxide pipeline.
- (iv) The term
high consequence areameans— - High consequence area
- 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
- 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)).
- (i) The term , with respect to a gas pipeline facility, means, as applicable—
- Definitions
- (B) Isolation of pipeline segments
- Beginning on the date that is 5 years after the date of enactment of the , 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) Not later than 5 years after the date of enactment of the , 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) Beginning on the date of enactment of the , 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)
- demonstrates, in the determination of the Secretary, that meeting the 30-minute standard described in subparagraph (B) is operationally, technologically, or economically infeasible; and
- describes the methodology used to reach, and the results of studies supporting, that conclusion;
- (ii)
- includes the estimated—
- isolation time; and
- consequences of a worst-case scenario failure on the impacted high consequence area or Class 3 or 4 location; and
- 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) A waiver granted by the Secretary under subparagraph (D) shall expire 5 years after the date on which the waiver was granted.
- (ii) 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
- Not later than 180 days after the occurrence of an event described in subclause (II), an operator receiving a waiver under subparagraph (D) shall—
- review the waiver; and
- 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.
- An event referred to in subclause (I) is any of the following:
- A significant incident anywhere on the network of pipelines of the operator.
- 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.
- A change in the built or natural environment that may impact the safe operation of the pipeline facility or the consequences of a rupture.
- 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.
- On receipt of a request under subclause (I)(bb), the Secretary shall—
- review the request; and
- as the Secretary determines to be appropriate—
- grant a new waiver under subparagraph (D) with such revisions as the Secretary determines to be appropriate;
- revoke the existing waiver and require compliance with subparagraphs (B) and (C); or
- require the submission of a revised request by a date determined by the Secretary, addressing such matters as the Secretary determines to be appropriate.
- 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 , the Secretary shall promulgate new, or revise existing, regulations to carry out this paragraph.
- (A) Definitions
Sec. 106. Safety of carbon dioxide pipelines.
- (a) Definitions
- In this section:
- Definitions
- (1) High consequence area
- The term
high consequence areahas the meaning given the term in section 192.903 of title 49, Code of Federal Regulations (or a successor regulation). - High consequence area
- The term
- (2) Potential impact area
- The term
potential impact areameans 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.
- The term
- (3) Report
- The term
reportmeans the report of the Accident Investigation Division of the Office of Pipeline Safety of the Administration entitled and dated May 26, 2022. The term means the report of the Accident Investigation Division of the Office of Pipeline Safety of the Administration entitled and dated May 26, 2022.Failure Investigation Report—Denbury Gulf Coast Pipelines LLC—Pipeline Rupture/Natural Force Damage
- The term
- (b) Completion of rulemaking
- (1) In general
- Not later than 18 months after the date of enactment of this Act, the Secretary shall—
- complete the rulemaking proceeding relating to the notice of proposed rulemaking issued on January 10, 2025, entitled (Docket No. PHMSA–2022–0125; RIN 2137–AF60); and
Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines - issue a final rule pursuant to that rulemaking proceeding, subject to the conditions that—
- (i) in completing the rulemaking proceeding and issuing the final rule, the Secretary shall take into consideration the measures described in paragraph (2); and
- (ii) any substantive differences between the final rule and the proposed rule, as published by the Administration on January 10, 2025—
- effectuate a measure described in paragraph (2); and
- are responsive to the findings and recommendations in the report.
- complete the rulemaking proceeding relating to the notice of proposed rulemaking issued on January 10, 2025, entitled (Docket No. PHMSA–2022–0125; RIN 2137–AF60); and
- Not later than 18 months after the date of enactment of this Act, the Secretary shall—
- (2) Measures for consideration
- In carrying out paragraph (1), the Secretary shall consider, and may effectuate, the following measures:
- The establishment of minimum safety standards for all phases of carbon dioxide pipeline transportation.
- The development of 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.
- The development and required use of an effective, appropriate, and unique odorant, or other effective and appropriate means of leak detection, as determined through research and development.
- The establishment of measures to ensure effective fracture propagation protection, including requirements relating to—
- (i) material toughness; and
- (ii) the use of fracture arrestors.
- The establishment of detailed safety standards for the conversion of existing pipelines for use in transporting carbon dioxide.
- The establishment of 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.
- In carrying out paragraph (1), the Secretary shall consider, and may effectuate, the following measures:
- (3) Other considerations
- In carrying out paragraph (1), including with respect to the matters described in paragraph (2), the Secretary shall 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; and
- whether the measures are responsive to the findings and recommendations in the report.
- which measures will ensure the maximum protection of—
- In carrying out paragraph (1), including with respect to the matters described in paragraph (2), the Secretary shall consider—
- (1) In general
- (c) Other regulations
- Not later than 2 years after the date of enactment of this Act, the Secretary shall promulgate regulations—
- requiring operators of carbon dioxide pipelines—
- to identify and assess geohazards during initial pipeline siting;
- to monitor for changes in hazardous conditions that could impact pipeline safety; and
- to take preventive and mitigative measures as appropriate;
- establishing reporting requirements relating to—
- the location of carbon dioxide pipelines and related facilities;
- the phase and material being transported through those pipelines, including the type and quantity of contaminants; and
- how those pipelines and contents are inspected;
- establishing standards and notification requirements for cases in which the material being transported by a carbon dioxide pipeline is not pure carbon dioxide;
- 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
- 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.
- requiring operators of carbon dioxide pipelines—
- Not later than 2 years after the date of enactment of this Act, the Secretary shall promulgate regulations—
- (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 in natural gas systems.
- (a) Study
- The Comptroller General of the United States shall—
- 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
- 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 description of any remaining knowledge gaps relating to safely moving hydrogen-methane blends through existing natural gas systems;
- 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;
- a lifecycle analysis of hydrogen, including environmental and climate 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
- recommendations to the Secretary for how to avoid or minimize risks determined under paragraph (1).
- The Comptroller General of the United States shall—
- (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 and dated July 18, 2022.
Hydrogen Blending Impacts Study
- 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 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—
- have been specifically designed to transport hydrogen above trace levels; and
- have been transporting hydrogen above trace levels for at least 10 years as of the date of enactment of this Act.
- The prohibition described in paragraph (1) shall not apply to natural gas distribution pipelines that—
- (1) In general
Sec. 108. Extension and modification of Natural Gas Distribution Infrastructure Safety and Modernization Grant Program.
- (a) Modification
- The matter under the heading under the heading under the heading in title VIII of division J of the Infrastructure Investment and Jobs Act (; 135 Stat. 1443) is amended— Public Law 117–58
- Modification
- in the matter preceding the first proviso, by inserting after ;
- 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 lossesand insertingto 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 - by inserting after the second proviso the following: .
- (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 under the heading under the heading in title VIII of division J of the Infrastructure Investment and Jobs Act (; 135 Stat. 1443)). Public Law 117–58
- (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 under the heading under the heading in title VIII of division J of the Infrastructure Investment and Jobs Act (; 135 Stat. 1443)— Public Law 117–58
- $200,000,000 for fiscal year 2027, to remain available until September 30, 2036;
- $200,000,000 for fiscal year 2028, to remain available until September 30, 2037;
- $200,000,000 for fiscal year 2029, to remain available until September 30, 2038;
- $200,000,000 for fiscal year 2030, to remain available until September 30, 2039; and
- $200,000,000 for fiscal year 2031, to remain available until September 30, 2040.
- There are authorized to be appropriated to carry out the Natural Gas Distribution Infrastructure Safety and Modernization Grant Program described under the heading under the heading under the heading in title VIII of division J of the Infrastructure Investment and Jobs Act (; 135 Stat. 1443)— Public Law 117–58
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.
- In general
- (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:
- The standard of the American Petroleum Institute entitled and numbered API Recommended Practice 1170.
Design and Operation of Solution-mined Salt Caverns used for Natural Gas Storage - The standard of the American Petroleum Institute entitled and numbered API Recommended Practice 1171.
Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs
- The standard of the American Petroleum Institute entitled and numbered API Recommended Practice 1170.
- 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:
- (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—
- In general
- in subsection (a), by inserting after ;
- in subsection (c), in the first sentence, by inserting after ; and
- by adding at the end the following:
- (h) Office of Public Engagement
- (1) Definitions
- In this subsection:
- Definitions
- (A) Appropriate committees of Congress
- The term
appropriate committees of Congresshas the meaning given the term in section 2 of the .
- The term
- (B) Covered facility
- The term
covered facilitymeans—- (i) a covered pipeline (as defined in section 60109(c)(12)(A));
- (ii) a liquefied natural gas pipeline facility (as defined in section 60101(a)); and
- (iii) an underground natural gas storage facility (as defined in section 60101(a)).
- The term
- (C) Director
- The term
Directormeans the Director of the Office appointed under paragraph (3).
- The term
- (D) Environmental justice community
- The term
environmental justice communitymeans 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.
- The term
- (E) Incident
- The term
incidenthas the meaning given the term in section 191.3 of title 49, Code of Federal Regulations (or a successor regulation).
- The term
- (F) Low-income community
- The term
low-income communitymeans 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.
- The term
- (G) Office
- The term
Officemeans the Office of Public Engagement of the Administration established under paragraph (2).
- The term
- (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
- 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 .
- (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.
- Before establishing the Office under subparagraph (A), the Administrator shall—
- (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.
- (A) In general
- (3) Director
- The Office shall be headed by a Director, who shall—
- be appointed by the Administrator;
- report to the Associate Administrator for Pipeline Safety; and
- be responsible for the discharge of the functions and duties of the Office.
- The Office shall be headed by a Director, who shall—
- (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.
- 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—
- (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—
- Public
engagement
- (i) conducting—
- 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
- 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—
- translation and interpreting services;
- virtual attendance; and
- reasonable funding for transportation to and from meetings, food, and caregiving;
- (ii) establishing an independent, neutral, accessible, confidential, and standardized process to receive, review, process, and follow up on inquiries, complaints, and allegations with respect to the activities of the Administration and entities regulated by the Administration, including with respect to cracks and leaks in pipeline infrastructure identified by workers and community members;
- (iii) assisting individuals in responding to and resolving inquiries, 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;
- (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;
- (vii) assisting local first responders, local officials, and community members—
- to develop their own emergency management plans; and
- to prepare to respond to all potential adverse scenarios relating to covered facility malfunctions, including to evacuate on short notice if necessary; and
- (viii) making publicly available, and proactively disseminating, information on local evacuation plans to the surrounding community.
- (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.
- (A) Coordination of assistance
- (1) Definitions
- (h) Office of Public Engagement
- (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. Public hearings on proposed rules.
Section 60104 of title 49, United States Code, is amended—
- in subsection (a)—
- by striking and inserting the following:
- (1) In general
- The Secretary
- (2) Public hearings
- In proposing rules under this chapter, including revisions to those rules, the Secretary shall hold at least 1 public hearing to address each proposed rule or revision.
- (1) In general
- by adding at the end the following:
- by striking and inserting the following:
- in each of subsections (d)(1) and (e), by striking each place it appears and inserting
Secretary.
Sec. 203. Disclosure of safety data.
Section 60132 of title 49, United States Code, is amended—
- in subsection (b), by striking
subsection (a)and insertingsubparagraph (A); - by redesignating subsection (b) as subparagraph (C) and indenting appropriately;
- in subsection (a)—
- in paragraph (4), in the second sentence, by striking and inserting the following:
- (B) Notice requirement
- With respect to data requested from operators under subparagraph (A)(vi), the Secretary
- (B) Notice requirement
- by redesignating paragraphs (1) through (4) as clauses (i), (ii), (v), and (vi), respectively, and indenting appropriately;
- (iii) Information on the matters described in paragraph (2)(E).
- (iv) The location and type of any valves installed on the pipeline.
- by inserting after clause (ii) (as so redesignated) the following:
- in the matter preceding clause (i) (as so redesignated)—
- (i) by striking ;
- (ii) by striking ; and
- (iii) by striking the subsection designation and heading and all that follows through and inserting the following:
- (a) Definitions
- In this section:
- The term
class locationmeans a class location described in section 192.5 of title 49, Code of Federal Regulations (or a successor regulation). - The term
covered facilitymeans— - The term
high consequence areameans— - The term
maximum allowable operating pressurehas the meaning given the term in section 192.3 of title 49, Code of Federal Regulations (or a successor regulation). - The term
maximum operating pressurehas the meaning given the term in section 195.2 of title 49, Code of Federal Regulations (or a successor regulation). - The term
moderate consequence areahas the meaning given the term in section 192.3 of title 49, Code of Federal Regulations (or a successor regulation). - The term
potential impact areameans 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 ). - The term
potential impact radiushas the meaning given the term in section 192.903 of title 49, Code of Federal Regulations (or a successor regulation).
- The term
- In this section:
- (b) Information To be
provided
- Information To be provided
- (1) Information to
be provided to the Secretary
- Information to be provided to the Secretary
- (A) In general
- The
- (a) Definitions
- in paragraph (4), in the second sentence, by striking and inserting the following:
- 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 , each operator of a covered 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—
- each abandoned pipeline of the operator; and
- 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—
- the results of any dispersion modeling performed; and
- any estimates of the zone in which carbon dioxide concentrations could be fatal in the event of a pipeline rupture.
- Not later than 1 year after the date of enactment of the , each operator of a covered facility shall provide to the public, free of charge, on a publicly accessible website, in a simple and consolidated form—
- (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) Each operator of a covered facility 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 covered facility.
- (ii) The recipients referred to in clause (i) are—
- the Secretary;
- the owners of all occupied residences and operational commercial structures that, in the determination of the Secretary, could be impacted by a rupture or explosion of the applicable covered facility;
- any tenants of those structures; and
- relevant first responders.
- (iii) A notification under clause (i) shall include—
- a description of the changes from the previous notification provided under that clause, if applicable;
- a statement of the relevant—
- legal duties of the operator; and
- legal rights of, as applicable—
- the owners and residents of the occupied residences; or
- the owners, tenants, and manager of the operational commercial structure; and
- 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—
- information on the matters described in subparagraph (E) with respect to each pipeline facility operated by the operator;
- 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
- a description of how the information described in subclause (I) was acquired or determined, including any formulas used and any tests carried out.
- On the request of any person, an operator of a pipeline facility shall provide to that person—
- (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—
- maximum operating pressure; and
- 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—
- relates to the safety and reliability of a pipeline facility under the jurisdiction of the Secretary; and
- in the determination of the Secretary, is in the public interest to be disclosed.
- The matters referred to in subparagraph (D)(ii)(I) and paragraph (1)(A)(iii) include—
- (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.
- (A) In general
- (3) Rulemaking
- Not later than 2 years after the date of enactment of the , the Secretary shall promulgate regulations to carry out this subsection, including providing for standardized formats for operators to release information to the public.
- (2) Information to be provided to the public
- in subsection (d)—
- in the subsection heading, by striking and inserting ;
- in paragraph (1)—
- (i) by striking
high-consequence areas (as described in section 60109(a))and insertinghigh consequence areas; and - (ii) by striking
andat the end;
- (i) by striking
- in paragraph (2), by striking the period at the end and inserting
; and; and- 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.
- by adding at the end the following:
- in subsection (f), by striking
subsection (a)and insertingsubsection (b)(1).
Sec. 204. 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).
- Rulemaking
Sec. 205. Incident reporting for gas pipelines.
- (a) Definition of gas
- In this section, the term
gashas the meaning given the term in section 60101(a) of title 49, United States Code. - Definition of gas
- In this section, the term
- (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—
- 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
- to report—
- all incidents resulting in fire or explosion;
- all incidents resulting in property damage of $50,000 or more in value; and
- 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.
- 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—
TITLE III—Accountability
Sec. 301. Prohibition against releases.
Section 60118(a) of title 49, United States Code, is amended—
- in paragraph (4), by striking the period at the end and inserting ;
- by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;
- in the matter preceding subparagraph (A) (as so redesignated), by striking and inserting the following: “facility—
- shall—
- 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.
- by adding at the end the following:
Sec. 302. Actions by private persons.
Section 60121 of title 49, United States Code, is amended—
- in subsection (a)—
- by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
- in paragraph (1), by striking
(1) A personand all that follows through 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—
- 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
- the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this chapter that is nondiscretionary.
- 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—
- (2) Requirements and limitations
- With respect to a civil action described in paragraph (1), a person
- (1) Civil action
- in paragraph (2) (as so designated), by indenting subparagraphs (A) through (C) appropriately;
- in paragraph (3) (as so redesignated), by striking the paragraph designation and all that follows through and inserting the following:
- (3) Notice
- The Secretary shall
- (3) Notice
- in paragraph (4) (as so redesignated), by striking the paragraph designation and all that follows through and inserting the following:
- (4) Intervention
- The Secretary, with
- (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—
- to enforce a pipeline safety standard or limitation established under this chapter;
- to enforce a regulation prescribed or order issued under this chapter;
- to order the Secretary to perform any act or duty under this chapter; and
- to impose any appropriate civil penalties under section 60122.
- The district courts of the United States shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties—
- (4) Intervention
- by adding at the end the following:
- in subsection (b)—
- by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
- in the matter preceding subparagraph (A) (as so redesignated), in the first sentence, by striking and inserting the following:
- (1) In general
- The court
- (1) In general
- 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 the third sentence and inserting the following:- (2) Reasonable attorney’s fee
- For purposes of paragraph (1)
- (2) Reasonable attorney’s fee
- (e) Venue; intervention by the
ecretary
- Venue; intervention by the ecretary
- (1) Venue
- Any action under this section may be brought in—
- the district court of the United States for the judicial district in which the violation occurred; or
- the United States District Court for the District of Columbia.
- Any action under this section may be brought in—
- (2) Intervention by the
ecretary
- 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.
- Intervention by the ecretary
- (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—
- to seek enforcement of any standard or limitation; or
- to seek any other relief (including relief against the Secretary or a State agency).
- 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—
- (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—
- bringing any enforcement action or obtaining any judicial remedy or sanction in any State or local court; or
- 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.
- 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—
- (1) In general
- by adding at the end the following:
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).