S. 2975
119th CONGRESS 1st Session
To amend title 49, United States Code, to enhance the safety of pipeline transportation, and for other purposes.
IN THE SENATE OF THE UNITED STATES · October 6, 2025 · Sponsor: Mr. Cruz · Committee: Committee on Commerce, Science, and Transportation
Sec. 1. Short title; table of contents.
- (a) Short title
- This Act may be cited as the or the .
- 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—Reauthorizations
- Sec. 101. Gas and hazardous liquid.
- Sec. 102. Operational expenses of the Pipeline and Hazardous Materials Safety Administration.
- Sec. 103. Other programs.
- TITLE II—Modernizing pipeline safety
- Sec. 201. Inspection of in-service breakout tanks.
- Sec. 202. Risk assessment obligations.
- Sec. 203. Timely incorporation by reference.
- Sec. 204. Report on updates to the National Pipeline Mapping System.
- Sec. 205. Pipeline safety enhancement programs.
- Sec. 206. Technical safety standards committees.
- Sec. 207. Enforcement procedures.
- Sec. 208. Civil penalties.
- Sec. 209. Improving whistleblower protections.
- Sec. 210. Assessment of composite materials.
- Sec. 211. Elements and evaluation of State damage prevention programs.
- Sec. 212. Pipeline safety voluntary information-sharing system.
- Sec. 213. Transporting gas.
- Sec. 214. Inspection and management of rights-of-way.
- Sec. 215. Geological hazards.
- Sec. 216. Alternative technologies.
- Sec. 217. Fire shutoff valves.
- Sec. 218. Exemption from post-accident testing.
- Sec. 219. Maximum allowable operating pressure records.
- Sec. 220. Pipeline operating status.
- Sec. 221. Potential impact radius.
- Sec. 222. Effects of weather on natural gas pipelines.
- Sec. 223. Aldyl–A pipelines.
- Sec. 224. Improvements to pipeline safety integrity management programs.
- TITLE III—Streamlining oversight of pipelines
- Sec. 301. Regulatory updates.
- Sec. 302. State use of integrated inspections.
- Sec. 303. Optimizing pipeline safety inspections.
- Sec. 304. Sense of Congress on PHMSA engagement prior to rulemaking activities.
- TITLE IV—Improving safety of emerging gases
- Sec. 401. Studies of hydrogen pipeline transportation.
- Sec. 402. Safety of carbon dioxide pipelines.
- Sec. 403. Reporting of blended products.
- TITLE V—Improving emergency response and transparency
- Sec. 501. Bitumen oil response plan review.
- Sec. 502. National Center of Excellence for Hazardous Liquid Pipeline Leak Detection.
- Sec. 503. Operator financial disclosure.
- Sec. 504. Data and transparency.
- Sec. 505. Office of Public Engagement.
- Sec. 506. Clarification of confirmed discovery.
- Sec. 507. Public alert notification system for pipeline facilities.
- TITLE VI—Other matters
- Sec. 601. Prohibition on PHMSA operation, procurement, or contracting action with respect to covered unmanned aircraft systems.
- Sec. 602. Natural gas distribution pipeline infrastructure safety and modernization grants.
- Sec. 603. Issues affecting federally recognized Indian Tribes.
- Sec. 604. Identification of and justification for redactions.
- Sec. 605. Fees for loan guarantees.
- Sec. 606. Improving pipeline cybersecurity.
- Sec. 607. Technical corrections.
Sec. 2. Definitions.
In this Act:
- The term
Administrationmeans the Pipeline and Hazardous Materials Safety Administration. - The term
Administratormeans the Administrator of the Administration. - The term
appropriate committees of Congressmeans— - The term
document produced to another personmeans a document produced in response to a request under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), a submission to a Federal, State, or Tribal court, information made available on a website, and a document transmitted to Congress. - The term
Secretarymeans the Secretary of Transportation.
TITLE I—Reauthorizations
Sec. 101. Gas and hazardous liquid.
Section 60125(a) of title 49, United States Code, is amended—
- Gas and hazardous liquid
- in paragraph (1)—
- in subparagraph (A)—
- (i) in the matter preceding clause (i), by striking
striking56,400,000 for fiscal year 2021and insertinginserting85,000,000 for fiscal year 2026; and - (ii) in clause (ii), by striking
$63,000,000and inserting$83,250,000;
- (i) in the matter preceding clause (i), by striking
- in subparagraph (B)—
- (i) in the matter preceding clause (i), by striking
striking58,500,000 for fiscal year 2022and insertinginserting90,365,000 for fiscal year 2027; and - (ii) in clause (ii)—
- by striking
$66,000,000and inserting$85,660,000; and - by striking
andat the end;
- (i) in the matter preceding clause (i), by striking
- in subparagraph (C)—
- (i) in the matter preceding clause (i), by striking
striking62,700,000 for fiscal year 2023and insertinginserting95,886,000 for fiscal year 2028; and - (ii) in clause (ii)—
- by striking
$69,000,000and inserting$88,150,000; and - by striking the period at the end and inserting a semicolon; and
- $201,556,000 for fiscal year 2029, of which—
- (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ( note; ); and 49 U.S.C. 60101; Public Law 107–355
- (ii) $90,700,000 shall be used for making grants; and
- $207,412,000 for fiscal year 2030, of which—
- (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ( note; ); and 49 U.S.C. 60101; Public Law 107–355
- (ii) $93,340,000 shall be used for making grants.
- $201,556,000 for fiscal year 2029, of which—
- (i) in the matter preceding clause (i), by striking
- by adding at the end the following:
- in subparagraph (A)—
- in paragraph (2)—
- in subparagraph (A)—
- (i) in the matter preceding clause (i), by striking
7,000,000 for fiscal year 2021and inserting$30,000,000 for fiscal year 2026; and - (ii) in clause (ii), by striking
striking1,000,000and insertinginserting3,500,000;
- (i) in the matter preceding clause (i), by striking
- in subparagraph (B)—
- (i) in the matter preceding clause (i), by striking
7,650,000 for fiscal year 2022and inserting$31,000,000 for fiscal year 2027; and - (ii) in clause (ii)—
- by striking
striking2,000,000and insertinginserting3,950,000; and - by striking
andat the end;
- (i) in the matter preceding clause (i), by striking
- in subparagraph (C)—
- (i) in the matter preceding clause (i), by striking
8,700,000 for fiscal year 2023and inserting$32,000,000 for fiscal year 2028; and - (ii) in clause (ii)—
- by striking
striking3,000,000and insertinginserting4,400,000; and - by striking the period at the end and inserting a semicolon; and
- $33,000,000 for fiscal year 2029, of which—
- (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ( note; ); and 49 U.S.C. 60101; Public Law 107–355
- (ii) $14,850,000 shall be used for making grants; and
- 34,000,000 for fiscal year 2030, of which—
- (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ( note; ); and 49 U.S.C. 60101; Public Law 107–355
- (ii) $15,300,000 shall be used for making grants.
- $33,000,000 for fiscal year 2029, of which—
- (i) in the matter preceding clause (i), by striking
- by adding at the end the following:
- in subparagraph (A)—
- in paragraph (3), by striking
$8,000,000 for each of fiscal years 2021 through 2023and inserting$7,000,000 for each of fiscal years 2026 through 2030.
- in paragraph (1)—
Sec. 102. Operational expenses of the Pipeline and Hazardous Materials Safety Administration.
There are authorized to be appropriated to the Secretary for the necessary operational expenses of the Administration—
- $33,000,000 for fiscal year 2026;
- $34,000,000 for fiscal year 2027;
- $35,000,000 for fiscal year 2028;
- $36,000,000 for fiscal year 2029; and
- $37,000,000 for fiscal year 2030.
Sec. 103. Other programs.
- (a) Emergency response grants
- Section 60125(b)(2) of title 49, United States Code, is amended by striking
striking0,000,000 for each of fiscal years 2021 through 2023 to carry out this subsectionand insertingto carry out this subsection inserting0,000,000 for each of fiscal years 2026 through 2030. - Emergency response grants
- Section 60125(b)(2) of title 49, United States Code, is amended by striking
- (b) Pipeline safety information grants to communities
- Section 60130 of title 49, United States Code, is amended—
- Pipeline safety information grants to communities
- in subsection (c)—
- in paragraph (1), by striking and inserting the following: “section 60125(a)(1), the Secretary shall use to carry out this section—
- $2,000,000 for fiscal year 2026;
- $2,750,000 for fiscal year 2027;
- $3,000,000 for fiscal year 2028;
- $3,250,000 for fiscal year 2029; and
- $4,000,000 for fiscal year 2030.
- in paragraph (2)—
- (i) by striking ; and
- (ii) by striking and inserting the following: “section—
- $1,000,000 for fiscal year 2026;
- $1,250,000 for fiscal year 2027;
- $1,500,000 for fiscal year 2028;
- $1,750,000 for fiscal year 2029; and
- $2,000,000 for fiscal year 2030.
- in paragraph (1), by striking and inserting the following: “section 60125(a)(1), the Secretary shall use to carry out this section—
- by redesignating subsection (d) as subsection (e); and
- (d) Deadlines
- (1) Notice of Funding Opportunity
- Not later than 60 days after the date on which funds are made available to carry out this section, the Secretary shall publish a notice of funding opportunity for the funds.
- (2) Applications
- To be eligible to receive a grant under this section, an eligible applicant shall submit to the Secretary an application—
- in such form and containing such information as the Secretary considers to be appropriate; and
- by such date as the Secretary may establish, subject to the condition that the date shall be not later than 60 days after the date on which the Secretary publishes the notice of funding opportunity under paragraph (1).
- To be eligible to receive a grant under this section, an eligible applicant shall submit to the Secretary an application—
- (3) Selection
- Not later than 120 days after the date on which the Secretary publishes the notice of funding opportunity under paragraph (1), the Secretary shall announce the selection by the Secretary of eligible applicants to receive grants in accordance with this section.
- (1) Notice of Funding Opportunity
- (d) Deadlines
- by inserting after subsection (c) the following:
- in subsection (c)—
- (c) Damage prevention programs
- Section 60134(i) of title 49, United States Code, is amended by striking
striking,500,000 for each of fiscal years 2021 through 2023. Such funds shall remainand inserting$3,000,000 for each of fiscal years 2026 through 2030, to remain. - Damage prevention programs
- Section 60134(i) of title 49, United States Code, is amended by striking
- (d) Pipeline integrity program
- Section 12(f) of the Pipeline Safety Improvement Act of 2002 ( note; ) is amended— 49 U.S.C. 60101; Public Law 107–355
- Pipeline integrity program
- by striking
$3,000,000and inserting,500,000; and - by striking
the fiscal years 2021 through 2023and insertingfiscal years 2026 through 2030.
- by striking
TITLE II—Modernizing pipeline safety
Sec. 201. Inspection of in-service breakout tanks.
- (a) In general
- Not later than 1 year after the date of enactment of this Act, the Secretary shall revise part 195 of title 49, Code of Federal Regulations, to allow for risk-based inspections of in-service breakout tanks if the Secretary finds such revisions maintain or enhance safety.
- In general
- (b) Considerations
- In revising the regulations under subsection (a), the Secretary shall consider the American Petroleum Institute standard entitled , dated November 2014, and numbered API Standard 653 (Fifth Edition) (or a successor standard).
Tank Inspection, Repair, Alteration, and Reconstruction
- In revising the regulations under subsection (a), the Secretary shall consider the American Petroleum Institute standard entitled , dated November 2014, and numbered API Standard 653 (Fifth Edition) (or a successor standard).
- (c) Requirements
- In revising the regulations under subsection (a), for any in-service breakout tanks that would be internally inspected less frequently under the revised regulations than required under part 195 of title 49, Code of Federal Regulations (as in effect on January 1, 2025), the Secretary shall require operators—
- to visually monitor the external conditions of those tanks on a routine basis; and
- to use a secondary containment system designed to contain hazardous liquids in the event of a leak.
- In revising the regulations under subsection (a), for any in-service breakout tanks that would be internally inspected less frequently under the revised regulations than required under part 195 of title 49, Code of Federal Regulations (as in effect on January 1, 2025), the Secretary shall require operators—
- (d) Notification
- If the regulations promulgated under subsection (a) differ from the American Petroleum Institute standard referred to in subsection (b), the Secretary shall submit to the appropriate committees of Congress a notification explaining the reasons for the differences not later than 60 days after the date on which the regulations are published in the Federal Register.
Sec. 202. Risk assessment obligations.
Section 60102(b)(4)(A) of title 49, United States Code, is amended—
- in clause (i), by striking
andat the end; - in clause (ii), by striking the period at the end and inserting
; and; and- (iii) require that an officer or employee of the Department of Transportation with expertise in conducting risk assessments or cost-benefit analyses for pipeline facilities or other modes of transportation attend any meeting in which a committee described in clause (i) is serving as a peer review panel with respect to that risk assessment information.
- by adding at the end the following:
Sec. 203. Timely incorporation by reference.
Section 60102 of title 49, United States Code, is amended by striking subsection (l) and inserting the following:
- (l) Updating standards
- (1) In general
- Not less frequently than once every 5 years, the Secretary shall—
- review each industry consensus standard—
- (i) that has been adopted or incorporated, partially or in full, as part of the Federal pipeline safety regulatory program under this chapter;
- (ii) that has been modified by a standards development organization (as defined in section 2(a) of the National Cooperative Research and Production Act of 1993 ()) since being adopted or incorporated; and 15 U.S.C. 4301(a)
- (iii) the modification of which has been published by a standards development organization (as defined in that section); and
- update, as determined necessary by the Secretary, the adoption or incorporation of each industry consensus standard reviewed under subparagraph (A).
- review each industry consensus standard—
- Not less frequently than once every 5 years, the Secretary shall—
- (2) List of industry standards
- (A) In general
- The Secretary shall maintain a publicly available list of all industry standards considered for adoption or incorporation under this chapter, including—
- (i) the determination of the Secretary with respect to each standard considered; and
- (ii) with respect to each standard not adopted or incorporated in full, the reasoning for not adopting or incorporating that standard in full.
- The Secretary shall maintain a publicly available list of all industry standards considered for adoption or incorporation under this chapter, including—
- (B) Availability
- Not later than 30 days after initial completion and each revision of the list under subparagraph (A), the Secretary shall publish the list on the public website of the Pipeline and Hazardous Materials Safety Administration.
- (A) In general
- (3) Consideration of industry consensus standards
- In prescribing new safety standards under this chapter, the Secretary shall consider adopting or incorporating industry consensus standards.
- (4) Public access
- (A) In general
- For all industry consensus standards incorporated or partially incorporated under this chapter on or after the date of enactment of the , the Secretary shall publish on the public website of the Pipeline and Hazardous Materials Safety Administration the full text of the standard or a direct link to an external source where the full text is available to the public on a website to view at no cost for the duration of time that the Secretary has the incorporation by reference available for public comment.
- In general
- (B) Exception
- If the full text of an industry consensus standard is not published on the public website of the Pipeline and Hazardous Materials Safety Administration or available from that website via a direct link to an external source where the full text is available to the public on a website to view at no cost for the duration of time that the Secretary has the incorporation by reference available for public comment, then the Secretary shall not incorporate or partially incorporate under this chapter that industry consensus standard by reference.
- (C) Previously incorporated standards
- For industry consensus standards incorporated or partially incorporated under this chapter before the date of enactment of the that are publicly available on a public-facing website at no charge to the public, the Secretary shall publish on the public website of the Pipeline and Hazardous Materials Safety Administration the full text of the standard or a direct link to an external source where the full text is available to the public on a website.
- (A) In general
- (1) In general
Sec. 204. Report on updates to the National Pipeline Mapping System.
- (a) In general
- Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the management of the National Pipeline Mapping System by the Administration.
- In general
- (b) Contents
- The report submitted under subsection (a) shall describe—
- how and when the Administration updates the high consequence area data contained in the National Pipeline Mapping System;
- what sources of scientific data are used for those updates; and
- how those data are validated for accuracy.
- The report submitted under subsection (a) shall describe—
- (c) Rulemaking
- Not later than 2 years after the date of enactment of this Act, the Secretary shall initiate a rulemaking to require that the information submitted under section 60132(a) of title 49, United States Code, has a spatial accuracy within a radius of 50 feet from the location of the facility (+/− 50 feet).
Sec. 205. Pipeline safety enhancement programs.
Section 60142 of title 49, United States Code, is amended—
- in subsection (c)(2), by striking and inserting ;
- in subsection (d)—
- in paragraph (1), by inserting after ; and
- (2) Determination
- (A) In general
- To accomplish the purpose of a testing program, the Secretary may issue an order waiving compliance with any part of an applicable standard prescribed under this chapter if the condition described in paragraph (1) is met, as determined by the Secretary.
- (B) Limitation
- The Secretary shall not require testing program applicants to use the nonemergency waiver process, or to otherwise meet the requirements of the nonemergency waiver process, established under section 60118(c)(1).
- Limitation
- (A) In general
- (2) Determination
- by striking paragraph (2) and inserting the following:
- (h) Authority To terminate program
- (1) In general
- The Secretary shall immediately terminate a testing program under subsection (a) if continuation of the testing program would not be consistent with the goals and objectives of this chapter.
- (2) Notification
- Not later than 10 days after the termination of a testing program under paragraph (1), the Secretary shall notify the relevant pipeline operators of how they can cure any deficiencies identified by the Secretary.
- (3) Reinstatement
- If the Secretary determines that the deficiencies identified under paragraph (2) are addressed, the Secretary shall reinstate the testing program.
- (1) In general
- in paragraph (1), by inserting after ; and
- by striking subsection (h) and inserting the following:
- (m) Approval process
- Establishment of a testing program under subsection (a) shall not be considered a major Federal action (as defined in section 111 of the National Environmental Policy Act of 1969 ()) for purposes of that Act (). 42 U.S.C. 4336e; 42 U.S.C. 4321 et seq.
- (m) Approval process
- by adding at the end the following:
Sec. 206. Technical safety standards committees.
- (a) Notification to Congress
- Section 60115(c)(2) of title 49, United States Code, is amended, in the fifth sentence, by inserting after .
- (b) Frequency of meetings
- Section 60115(e) of title 49, United States Code, is amended by striking and inserting .
Sec. 207. Enforcement procedures.
- (a) In general
- Section 60117(b)(1) of title 49, United States Code, is amended—
- in subparagraph (B)—
- in clause (i), by striking
orat the end; - in clause (ii), by adding after the semicolon at the end; and
or- (iii) to allow a recipient of a warning under section 190.205 of title 49, Code of Federal Regulations (or a successor regulation), to discuss claims made in the warning with relevant staff;
- by adding at the end the following:
- in clause (i), by striking
- in subparagraph (I), by striking
andat the end; - in subparagraph (J), by striking the period at the end and inserting a semicolon; and
- for civil penalties over $1,000,000, adjusted each year for inflation, allow the respondent to request a formal hearing in accordance with section 554 of title 5, conducted by an administrative law judge; and
- provide a written response to a request for the withdrawal or modification of a written warning issued under this section.
- by adding at the end the following:
- in subparagraph (B)—
- Section 60117(b)(1) of title 49, United States Code, is amended—
- (b) Hearings
- (2) Hearing requirements
- A hearing under this section shall—
- be noticed to the public on the website of the Pipeline and Hazardous Materials Safety Administration on its own page titled ;
Upcoming Enforcement Hearings - provide an orderly and timely process, as determined by the Secretary;
- in the case of a formal hearing, be open to the public.
- be noticed to the public on the website of the Pipeline and Hazardous Materials Safety Administration on its own page titled ;
- A hearing under this section shall—
- Section 60117(b) of title 49, United States Code, is amended by striking paragraph (2) and inserting the following:
- (2) Hearing requirements
- (c) Rulemaking
- Not later than 1 year after the date of enactment of this Act, the Secretary shall update the regulations prescribing protocols for all hearings under section 60117 of title 49, United States Code.
Sec. 208. Civil penalties.
Section 60122(a)(1) of title 49, United States Code, is amended—
- in the first sentence, by striking
00,000and inserting$400,000; and - in the third sentence, by striking
,000,000and inserting$4,000,000.
Sec. 209. Improving whistleblower protections.
Section 60129 of title 49, United States Code, is amended—
- in subsection (a)(2)—
- in subparagraph (A), by striking
orat the end; - in subparagraph (B), by striking
such a person.and insertinga person described in subparagraph (A); or; and- an officer, employee, or agent of a person described in subparagraph (A).
- by adding at the end the following:
- in subparagraph (A), by striking
- in subsection (b)(3)(B)—
- in clause (ii), by inserting after ; and
- in clause (iii), by inserting after .
Sec. 210. Assessment of composite materials.
- (a) In general
- The Administrator shall gather and assess any studies, data, standards, and approved applications available as of the date of enactment of this Act that address the safety of composite materials to support the safe transportation of—
- natural gas;
- natural gas liquids;
- new fuels, such as hydrogen and hydrogen blended with natural gas; and
- new fluids, such as carbon dioxide.
- The Administrator shall gather and assess any studies, data, standards, and approved applications available as of the date of enactment of this Act that address the safety of composite materials to support the safe transportation of—
- (b) Deadline
- The assessment under subsection (a) shall be completed not later than 1 year after the date of enactment of this Act.
- (c) Report
- Not later than 30 days after completing the assessment under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report describing the conclusions of the assessment.
- (d) Rulemaking
- (1) In general
- If the Administrator concludes, based on the assessment under subsection (a), that composite materials provide, at a minimum, an equivalent level of safety as other pipelines under the jurisdiction of the Administration, the Administrator shall promulgate regulations, not later than 180 days after the date on which the report under subsection (c) is submitted, that allow for the use of composite materials for the transportation of new fuels.
- (2) Incorporation of existing standards
- The regulations promulgated under paragraph (1) may include adoption or incorporation by reference of existing industry consensus standards.
- (1) In general
Sec. 211. Elements and evaluation of State damage prevention programs.
- (a) In general
- Section 60134 of title 49, United States Code, is amended—
- In general
- in subsection (b)—
- in the subsection heading, by inserting before ;
- by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively;
- in the matter preceding subparagraph (A) (as so redesignated), by striking and inserting the following:
- (1) In general
- An
- (1) In general
- in paragraph (1) (as so designated)—
- (i) by indenting subparagraphs (A) through (I) appropriately; and
- (ii) by adding at the end the following:
- A State one-call program that includes, or is making substantial progress toward including, the one-call leading practices described in paragraph (2).
- (2) One-call leading practices
- The one-call leading practices referred to in paragraph (1)(J) are the following:
- Restricting the size or scope of a one-call ticket for standard locate requests (which may include process exceptions for special large project tickets).
- Restricting the longevity of a one-call ticket for standard locate requests (which may include process exceptions for special large project tickets).
- Specifying tolerance (soft-dig only) zone horizontal dimensions.
- Specifying tolerance zone requirements.
- Specifying emergency excavation notification requirements.
- Specifying the responsibilities of excavators, including the reporting of damages or suspected damages.
- Defining who is an excavator and what is considered excavation.
- Requiring the use of white-lining.
- Requiring a positive response before excavation begins, such as a utility, municipality, or other entity that places the relevant marks positively responding to the notification center, and the excavator checking for that positive response before beginning excavation.
- Requiring that newly installed underground facilities be locatable with commercially available technology.
- Requiring the marking of sewer lines and laterals.
- Specifying the qualifications of, and requirements for, those excavators performing trenchless excavation activities that are not subject to pipeline construction requirements under part 192 or 195 of title 49, Code of Federal Regulations (or successor regulations).
- The one-call leading practices referred to in paragraph (1)(J) are the following:
- by adding at the end the following:
- in subsection (c)—
- by striking and inserting the following:
- (1) In general
- In
- (2) Evaluation criteria
- The evaluation criteria used by the Secretary for determining the effectiveness of a State damage prevention program shall include consideration of whether the State, at a minimum—
- engages in effective, active, and meaningful enforcement of State one-call laws, including the efficacy of fines and penalties;
- requires reporting to the local one-call center of excavation damage events that affect pipelines and other underground facilities that are not privately owned, including (to the extent available at the time of the reporting)—
- (i) information about the nature of the incident, including its apparent cause;
- (ii) the organizations involved;
- (iii) the impact to public safety, utility operations, and customer service; and
- (iv) the impact to the environment; and
- limits exemptions to State damage prevention laws.
- The evaluation criteria used by the Secretary for determining the effectiveness of a State damage prevention program shall include consideration of whether the State, at a minimum—
- (1) In general
- by adding at the end the following:
- by striking and inserting the following:
- in subsection (b)—
- (b) Conforming amendment
- Section 60114(f) of title 49, United States Code, is amended by striking
section 60134(b)(7)and insertingsection 60134(b)(1)(G).
- Section 60114(f) of title 49, United States Code, is amended by striking
Sec. 212. Pipeline safety voluntary information-sharing system.
- (a) In general
- of title 49, United States Code, is amended by adding at the end the following: Chapter 601
- (a) Definitions
- In this section:
- The term
Administratormeans the Administrator of the Pipeline and Hazardous Materials Safety Administration. - The term
Governing Boardmeans the governing board established under subsection (d)(1). - The term
Issue Analysis Teammeans an Issue Analysis Team established under subsection (g)(1). - The term
Program Managermeans the Program Manager described in subsection (e). - The term
Third-Party Data Managermeans the Third-Party Data Manager appointed under subsection (f)(1). - The term
VISmeans the voluntary information-sharing system established under subsection (b)(1).
- The term
- In this section:
- (b) Establishment
- (1) In general
- Not later than 1 year after the date of enactment of this section, the Secretary shall establish a confidential and nonpunitive voluntary information-sharing system to encourage the sharing of pipeline safety data and information in order to improve the safety of gas transmission pipelines, gas distribution pipelines, liquefied natural gas facilities, underground natural gas storage facilities, and hazardous liquid pipelines.
- (2) Requirement
- The VIS shall be implemented and managed in accordance with the report entitled prepared under section 10 of the PIPES Act of 2016 ( note; ) by the Voluntary Information Sharing System Working Group convened under that section.
Pipeline Safety Voluntary Information-Sharing System Recommendation Report49 U.S.C. 60108; Public Law 114–183
- The VIS shall be implemented and managed in accordance with the report entitled prepared under section 10 of the PIPES Act of 2016 ( note; ) by the Voluntary Information Sharing System Working Group convened under that section.
- (3) Purpose
- The purpose of the VIS shall be to serve as a comprehensive and integrated system—
- to gather, evaluate, and quantify critical pipeline safety data and information; and
- to share recommended remediation measures and lessons learned across the pipeline industry in an efficient and confidential manner.
- The purpose of the VIS shall be to serve as a comprehensive and integrated system—
- (1) In general
- (c) Governance
- The VIS shall be governed, in accordance with this section, by the Governing Board, with support from—
- the Program Manager;
- the Third-Party Data Manager; and
- 1 or more Issue Analysis Teams.
- The VIS shall be governed, in accordance with this section, by the Governing Board, with support from—
- (d) Governing board
- (1) In general
- Not later than 180 days after the date of enactment of this section, the Administrator, after consulting with public and private pipeline safety stakeholders, shall establish a governing board for the VIS.
- (2) Composition
- (A) In general
- The Governing Board shall be composed of 15 members who shall represent a balanced cross-section of pipeline safety stakeholders, in accordance with subparagraphs (B) and (C).
- (B) Representation
- The Governing Board shall be composed of the following members:
- (i) 5 individuals selected from relevant pipeline safety departments, agencies, or instrumentalities of the Federal Government or State or territorial governments, 1 of whom shall be the Administrator (or a designee of the Administrator).
- (ii) 5 individuals selected from the gas or hazardous liquid industries, such as individuals representing or otherwise associated with—
- operators;
- trade associations;
- inspection technology, coating, or cathodic protection vendors;
- standards development organizations;
- research and development consortia; or
- pipeline inspection organizations.
- (iii) 5 individuals selected from general public safety advocacy organizations with relevant pipeline safety expertise, including—
- pipeline safety and environmental public interest groups;
- public institutions of higher education with pipeline safety expertise; and
- nonprofit employee labor organizations.
- The Governing Board shall be composed of the following members:
- (C) Requirements
- (i) At least 1 member of the Governing Board appointed under subparagraph (B)(ii) shall be a representative of the pipeline industry.
- Pipeline industry
- (ii) At least 1 member of the Governing Board appointed under subparagraph (B)(iii) shall be a representative of a pipeline safety public interest group.
- (A) In general
- (3) Terms
- (A) In general
- Except as provided in subparagraph (B), each member of the Governing Board shall be appointed for a term of 3 years.
- (B) Initial members
- In appointing the initial members of the Governing Board, the Administrator shall appoint members to terms of 1, 2, or 3 years to ensure that each year thereafter—
- (i) the terms of 5 members will expire; and
- (ii) the term of not less than 1 and not more than 2 members described in each of clauses (i) through (iii) of paragraph (2)(B) will expire.
- In appointing the initial members of the Governing Board, the Administrator shall appoint members to terms of 1, 2, or 3 years to ensure that each year thereafter—
- (C) Reappointment
- A member or former member of the Governing Board appointed under clause (i) or (ii) of paragraph (2)(B) may be reappointed, but may only serve for a total of 3 terms.
- (A) In general
- (4) Co-chairs
- (A) In general
- The Governing Board shall be co-chaired by—
- (i) the Administrator (or a designee of the Administrator);
- (ii) a representative of the pipeline industry appointed under paragraph (2)(B)(ii), who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board; and
- (iii) a representative of a pipeline safety public interest group, who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board.
- The Governing Board shall be co-chaired by—
- (B) Responsibilities of co-chairs
- The co-chairs shall be jointly responsible for organizing and conducting meetings of the Governing Board.
- (A) In general
- (5) Authority
- The Governing Board shall have authority—
- to govern and provide strategic oversight of the VIS;
- to develop governance documents, including a charter for the Governing Board that shall—
- (i) be made available to the public; and
- (ii) describe—
- the scope of the authority of the Governing Board; and
- the objectives of the Governing Board;
- to select and appoint the Third-Party Data Manager in accordance with subsection (f);
- to approve the criteria and procedures governing how the Third-Party Data Manager will receive and accept pipeline safety data and information;
- to establish, and appoint members of, Issue Analysis Teams in accordance with subsection (g);
- to collaborate with Issue Analysis Teams to identify issues and topics to be analyzed by the Issue Analysis Teams;
- to collaborate with Issue Analysis Teams to specify the type of pipeline safety data and information necessary for the Issue Analysis Teams to analyze the issues and topics identified under subparagraph (F);
- to determine the information to be disseminated by the VIS;
- to determine the reports to be disseminated by the VIS;
- to issue, not less frequently than annually, publicly available reports on—
- (i) VIS processes;
- (ii) the membership of the Governing Board;
- (iii) issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board;
- (iv) pipeline safety data and information that the VIS has requested for submission to the VIS; and
- (v) safety trends identified by the Administrator, Issue Analysis Teams, or the Governing Board; and
- to perform such other functions that the Governing Board determines are—
- (i) necessary or appropriate; and
- (ii) consistent with the purpose of the VIS described in subsection (b)(3).
- The Governing Board shall have authority—
- (6) Decisionmaking
- (A) In general
- Decisions and approvals of the Governing Board shall be made by a super-majority of the members, as described in subparagraph (B).
- (B) Supermajority described
- A supermajority referred to in subparagraph (A) shall consist of not fewer than—
- (i) of the total members of the Governing Board; and
- (ii) 1 additional member of the Governing Board.
- A supermajority referred to in subparagraph (A) shall consist of not fewer than—
- (A) In general
- (1) In general
- (e) Program manager
- (1) In general
- The Administrator (or a designee of the Administrator) shall serve as the Program Manager for the VIS.
- (2) Responsibilities
- The Program Manager shall provide the day-to-day program management and administrative support for the VIS, including oversight of the Third-Party Data Manager.
- (1) In general
- (f) Third-Party Data Manager
- (1) In general
- The Governing Board shall appoint a Third-Party Data Manager to provide data management and data oversight services for the VIS.
- (2) Qualifications
- The Third-Party Data Manager shall have expertise in data protection, aggregation, and analytics.
- (3) Responsibilities
- In carrying out the services described in paragraph (1), the Third-Party Data Manager shall—
- receive and secure pipeline safety data and information submitted to the VIS;
- accept pipeline safety data and information submitted to the VIS that meets the criteria and procedures approved by the Governing Board under subsection (d)(5)(D);
- de-identify, store, and manage pipeline safety data and information that is accepted by the VIS;
- collaborate with Issue Analysis Teams to analyze and aggregate pipeline safety data and information that is accepted by the VIS;
- prepare reports as requested by the Governing Board regarding the type of pipeline safety data and information that is managed by the VIS; and
- make recommendations to the Governing Board regarding the management of pipeline safety data and information by the VIS, as appropriate.
- In carrying out the services described in paragraph (1), the Third-Party Data Manager shall—
- (1) In general
- (g) Issue Analysis Teams
- (1) In general
- The Governing Board shall establish, and appoint the members of, 1 or more Issue Analysis Teams as the Governing Board determines to be appropriate and relevant to the pipeline safety work of the VIS.
- (2) Qualifications
- An Issue Analysis Team established under paragraph (1) shall—
- subject to subparagraph (B), consist of pipeline safety technical and subject matter experts; and
- may include, as appropriate, representatives from public safety advocacy organizations described in subsection (d)(2)(B)(iii).
- An Issue Analysis Team established under paragraph (1) shall—
- (3) Responsibilities
- An Issue Analysis Team shall—
- work with the Third-Party Data Manager to aggregate and analyze pipeline safety data and information submitted to the VIS relating to the issues and topics analyzed by the Issue Analysis Team; and
- submit internal reports and recommendations to the Governing Board on those issues and topics.
- An Issue Analysis Team shall—
- (1) In general
- (h) Application of FACA
- of title 5 (commonly referred to as the ) shall not apply to— Chapter 10
- the VIS;
- the Governing Board; or
- any Issue Analysis Team.
- of title 5 (commonly referred to as the ) shall not apply to— Chapter 10
- (i) Participation in the VIS
- (1) In general
- The submission of data and information to the VIS by any person shall be voluntary, with no person compelled to participate in, or to submit data or information to any person for inclusion in, the VIS.
- (2) Requirement
- The VIS shall not accept data or information relating to an operator if the operator has not authorized the submission of that data or information for inclusion in the VIS.
- (3) Encouraging information sharing
- The Governing Board shall encourage the voluntary sharing of pipeline safety data and information among—
- operators of gas transmission, gas distribution, and hazardous liquid pipelines;
- employees of those operators;
- labor unions representing those employees;
- contractors of the operators described in subparagraph (A);
- in-line inspection service providers;
- non-destructive evaluation experts;
- the Pipeline and Hazardous Materials Safety Administration; and
- representatives of—
- (i) State pipeline safety agencies;
- (ii) relevant Tribal agencies;
- (iii) pipeline safety public interest groups;
- (iv) manufacturers of gas transmission, gas distribution, and hazardous liquid pipeline infrastructure and equipment; and
- (v) relevant research and academic institutions.
- The Governing Board shall encourage the voluntary sharing of pipeline safety data and information among—
- (4) Limitation on inclusion of data and information in the VIS
- Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) shall be related to the issues and topics identified by the Governing Board for analysis by an Issue Analysis Team under subsection (d)(5)(F).
- (5) Types of data and information included in the VIS
- Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) may include—
- pipeline integrity risk analysis information;
- lessons learned from accidents and near misses;
- process improvements;
- technology deployment practices;
- information obtained through VIS pipeline safety surveys of pipeline operator employees, subject to the condition that such surveys are voluntarily agreed to by the pipeline operator;
- pipeline safety data and information which may lead to the identification of pipeline safety risks, as specified by the Governing Board; and
- any other relevant data or information, as determined by the Governing Board.
- Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) may include—
- (1) In general
- (j) Confidentiality
- (1) In general
- To facilitate the sharing of otherwise nonpublic pipeline safety data and information with the VIS, the data and information accepted, stored, managed, analyzed, or produced by the VIS—
- shall be kept confidential by the VIS; and
- except as otherwise provided in this section, is not subject to disclosure by the VIS under any other law.
- To facilitate the sharing of otherwise nonpublic pipeline safety data and information with the VIS, the data and information accepted, stored, managed, analyzed, or produced by the VIS—
- (2) Prohibition
- Except as provided in paragraph (3), no person, including the Program Manager, the Third-Party Data Manager, any member of the Governing Board, and any member of an Issue Analysis Team, and no Federal, State, local, or Tribal agency having or obtaining access to nonpublic information accepted, analyzed, stored, managed, or produced by the VIS may release or communicate that nonpublic information from the VIS, either in an identified or de-identified form, to any person who does not have the authority to view VIS data.
- (3) Exception
- (A) In general
- Notwithstanding paragraphs (1) and (2) and subsections (k) and (l), on approval by the Governing Board under subparagraph (B), the Governing Board or the Administrator may disclose de-identified nonpublic information obtained by the VIS.
- (B) Approval
- Approval to disclose de-identified nonpublic information under subparagraph (A)—
- (i) shall be based on an analysis of the de-identified nonpublic information; and
- (ii) may, in the sole discretion of the Governing Board, consist of any safety findings or recommendations that the Governing Board determines to publish or authorizes the Administrator to publish to improve pipeline safety.
- Approval to disclose de-identified nonpublic information under subparagraph (A)—
- (C) Public reports
- In issuing public reports under subsection (d)(5)(J), the Governing Board shall approve the disclosure of de-identified nonpublic information obtained by the VIS that the Governing Board determines is necessary to adequately describe and illustrate the issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board.
- (A) In general
- (4) Savings provision
- This subsection does not apply to public information that may be submitted to the VIS.
- (1) In general
- (k) Applicability of FOIA
- (1) Exemption
- Any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS and subsequently obtained by the Secretary or the Administrator from the VIS is exempt from the requirements of section 552 of title 5.
- (2) Applicability
- For purposes of paragraph (1), this section shall be considered to be a statute described in section 552(b)(3)(B) of title 5.
- (1) Exemption
- (l) Exclusion of VIS information in litigation and other proceedings
- (1) Excluded evidence
- Except as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS may not be obtained from the VIS—
- for use as evidence for any purpose in any Federal, State, local, Tribal, or private litigation, including any action or proceeding; or
- to initiate any enforcement action or civil litigation against a pipeline operator or the employees or contractors of a pipeline operator relating to a probable violation under this chapter (including any regulation promulgated or order issued under this chapter).
- Except as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS may not be obtained from the VIS—
- (2) Exclusion from discovery
- Except as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS shall not be subject to discovery from the VIS in any Federal, State, local, Tribal, or private litigation or other proceeding.
- (3) Limitations on exclusions
- The exclusions described in paragraphs (1) and (2) shall not apply to data or information that—
- is evidence of a criminal violation;
- is not related to the purpose of the VIS described in subsection (b)(3);
- is otherwise required to be reported to the Secretary under part 190, 191 (including information about an incident or accident), 192, 194, 195, or 199 of title 49, Code of Federal Regulations (or successor regulations);
- is required to be reported to a State authority under State pipeline safety laws; or
- is developed or obtained from a source other than the VIS, including through discovery from a person or an entity other than the VIS in an enforcement action or private litigation.
- The exclusions described in paragraphs (1) and (2) shall not apply to data or information that—
- (1) Excluded evidence
- (m) Effect on discovery
- Except as provided in subsection (l)(2), nothing in this section or any rule or regulation promulgated under this section—
- creates a defense to a discovery request; or
- otherwise limits or affects the discovery of pipeline safety data and information arising from a cause of action authorized under any other Federal, State, or local law.
- Except as provided in subsection (l)(2), nothing in this section or any rule or regulation promulgated under this section—
- (n) Savings provision
- Nothing in this section affects any Federal, State, or local pipeline safety law.
- (o) Annual reports
- Each fiscal year, the Secretary shall submit to Congress, by the end of that fiscal year, a report on the status of the VIS.
- (p) Funding
- (1) Sustainable funding
- The Secretary shall—
- explore sustainable funding sources for the VIS, including public-private partnerships; and
- to the maximum extent practicable, sustainably fund the VIS through the use of those sustainable funding sources.
- The Secretary shall—
- (2) Limited additional funding
- In addition to the fees collected under section 60301, the Secretary may collect an additional $5,000,000 under that section for each of fiscal years 2024 through 2027 to establish, implement, and manage the VIS.
- (1) Sustainable funding
- (a) Definitions
- of title 49, United States Code, is amended by adding at the end the following: Chapter 601
- (b) Definitions
- Section 60101(a) of title 49, United States Code, is amended—
- by redesignating paragraphs (17) through (26) as paragraphs (18), (19), (20), (25), (26), (27), (22), (23), (24), and (28), respectively, and moving the paragraphs so as to appear in numerical order;
- by inserting after paragraph (16) the following:
- by inserting after paragraph (20) (as so redesignated) the following:
- Section 60101(a) of title 49, United States Code, is amended—
- (c) Clerical amendment
- The analysis for of title 49, United States Code, is amended by adding at the end the following: chapter 601
- 60144. Voluntary information-sharing system.
-
- Voluntary information-sharing system.
- The analysis for of title 49, United States Code, is amended by adding at the end the following: chapter 601
- (d) Conforming amendments
- Section 70012(c) of title 46, United States Code, is amended by striking
section 60101(a)(18)and insertingsection 60101(a). - Section 60102(q)(1) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by striking
subsection (a)(21)and insertingsubsection (a)(26).
- Section 70012(c) of title 46, United States Code, is amended by striking
Sec. 213. Transporting gas.
Section 60101(a)(26) of title 49, United States Code (as redesignated by section 212(b)(1)), is amended—
- by striking the paragraph designation and all that follows through in subparagraph (A) and inserting the following:
- (26) Transporting gas
- (A) In general
- The term
transporting gasmeans - In general
- The term
- (A) In general
- (26) Transporting gas
- in subparagraph (A)(ii), by striking and inserting a period; and
- (B) Exclusions
- The term does not include—
transporting gas- (i) gathering gas (except through regulated gathering lines) in a rural area outside a populated area designated by the Secretary as a nonrural area; or
- (ii) the movement of gas by the owner or operator of a plant for use as a fuel, a feedstock, or for any other purpose that directly supports plant operations through—
- in-plant piping systems that are located entirely on the grounds of the plant; or
- transfer piping systems that extend less than 1 mile in length outside the grounds of the plant.
- The term does not include—
- (B) Exclusions
- by striking subparagraph (B) and inserting the following:
Sec. 214. Inspection and management of rights-of-way.
- (a) Inspection of rights-of-Way
- Section 60108 of title 49, United States Code, is amended by adding at the end the following:
- Inspection of rights-of-Way
- (f) Inspection of rights-of-Way
- (1) In general
- When requiring an operator to inspect the surface conditions on or adjacent to a pipeline right-of-way, the Secretary shall allow the use of unmanned aircraft systems and satellites.
- (2) Savings provision
- Nothing in this subsection affects any obligation to operate an unmanned aircraft system in accordance with all relevant Federal laws relating to the use of unmanned aircraft systems.
- (1) In general
- (f) Inspection of rights-of-Way
- (b) Management of rights-of-Way
- Section 60108(a) of title 49, United States Code, is amended—
- in paragraph (1), by striking and inserting the following:
- (1) In general
- Each
- (1) In general
- in paragraph (2)—
- by striking and inserting the following:
- (2) Revision
- If
- (2) Revision
- by indenting subparagraphs (A) through (E) appropriately; and
- in subparagraph (D), by indenting clauses (i) through (iii) appropriately;
- by striking and inserting the following:
- in paragraph (3), by indenting the paragraph, and each subparagraph within the paragraph, appropriately; and
- by adding at the end the following:
- (4) Alternative methods of maintaining rights-of-way
- (A) In general
- As part of the review conducted under paragraph (3), the Secretary shall allow for an alternative method of maintaining rights-of-way for pipelines and other pipeline facilities under a voluntary program carried out by the operator if the Secretary determines that the alternative method—
- (i) achieves a level of safety at least equal to the level of safety required by the regulations promulgated under this chapter; and
- (ii) allows for timely emergency response.
- As part of the review conducted under paragraph (3), the Secretary shall allow for an alternative method of maintaining rights-of-way for pipelines and other pipeline facilities under a voluntary program carried out by the operator if the Secretary determines that the alternative method—
- (B) Purpose
- An operator considering implementing an alternative method described in subparagraph (A) may consider incorporating into the plan for implementing that method 1 or more conservation practices, including—
- (i) integrated vegetation management practices, including reduced mowing;
- (ii) the development of habitat and forage for pollinators and other wildlife through seeding or planting of diverse native forbs and grasses;
- (iii) practices relating to maintenance strategies that promote early successional vegetation or limit disturbance during periods of highest use by target pollinator species and other wildlife on pipeline or facility rights-of-way, including—
- increasing mowing height;
- reducing mowing frequency; and
- refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present;
- (iv) an integrated vegetation management plan that may include approaches such as mechanical tree and brush removal and targeted and judicious use of herbicides and mowing to address incompatible or undesirable vegetation while promoting compatible and beneficial vegetation on pipeline and facility rights-of-way;
- (v) planting or seeding of deeply rooted, regionally appropriate perennial grasses and wildflowers, including milkweed, to enhance habitat;
- (vi) removing shallow-rooted grasses from planting and seeding mixes, except for use as nurse or cover crops; and
- (vii) obtaining expert training or assistance on wildlife- and pollinator-friendly practices, including—
- native plant identification;
- establishment and management of regionally appropriate native plants;
- land management practices; and
- integrated vegetation management.
- An operator considering implementing an alternative method described in subparagraph (A) may consider incorporating into the plan for implementing that method 1 or more conservation practices, including—
- (C) Consultation
- (i) In developing alternative methods under this paragraph, an operator shall consult any available guidance issued by—
- the Secretary; or
- an applicable State agency carrying out compliance activities on behalf of the Secretary in accordance with section 60105.
- (ii) In the absence of guidance described in clause (i), an operator may consult leading industry practices and guidance to develop and implement alternative methods under this paragraph.
- (D) Requirements
- An operator using an alternative method under this paragraph shall ensure that the alternative inspection plans of the operator continue to ensure that the operator can identify risks to pipeline facilities.
- (E) Savings provision
- Nothing in this paragraph exempts an operator from compliance with any applicable requirements under this chapter (including any regulations promulgated under this chapter).
- (A) In general
- (4) Alternative methods of maintaining rights-of-way
- in paragraph (1), by striking and inserting the following:
- Section 60108(a) of title 49, United States Code, is amended—
- (c) Inspector General review
- 3 years after the date of enactment of this Act, the Inspector General of the Department of Transportation shall initiate a review of a representative sample of the inspection and maintenance plans of operators that have utilized alternative methods of maintaining rights-of-way under section 60108(a)(4) of title 49, United States Code, to determine—
- whether reduced mowing has limited the ability of pipeline operators to assess risks to pipeline facilities;
- with respect to any incidents that have occurred on the relevant pipeline facilities, whether reduced mowing hindered—
- the ability of operators to identify a risk that was related to the incident; or
- the ability for operators and emergency responders to respond to an incident; and
- whether the alternative methods of maintaining rights-of-way have impacted pipeline safety.
- 3 years after the date of enactment of this Act, the Inspector General of the Department of Transportation shall initiate a review of a representative sample of the inspection and maintenance plans of operators that have utilized alternative methods of maintaining rights-of-way under section 60108(a)(4) of title 49, United States Code, to determine—
- (d) Technical correction
- Section 60108(e) of title 49, United States Code, is amended, in the subsection heading, by striking and inserting .
Sec. 215. Geological hazards.
- (a) Inspection and maintenance plans
- Section 60108(a)(2)(D) of title 49, United States Code (as amended by section 214(b)(2)), is amended—
- in clause (ii), by striking at the end;
and- (iv) mitigation of threats posed by geological hazards; and
- by adding at the end the following:
- in clause (ii), by striking at the end;
- Section 60108(a)(2)(D) of title 49, United States Code (as amended by section 214(b)(2)), is amended—
- (b) Geological hazard mitigation report
- (1) In general
- Not later than 2 years after the date of enactment of this Act, the Administrator shall prepare a report that—
- In general
- identifies geological hazards that may cause a pipeline to move or be affected by abnormal external loads, including landslides, volcanic activity, earthquakes, and scouring;
- evaluates any industry consensus standards or best practices relating to hazards described in subparagraph (A);
- evaluates existing Federal requirements for pipeline facility design, construction, operations, maintenance, and integrity that relate to mitigation of geological hazards; and
- makes recommendations to improve geological hazard mitigation based on the findings of the report.
- (2) Submission
- On completion of the report under paragraph (1), the Administrator shall submit the report to the Secretary and the appropriate committees of Congress.
- (1) In general
- (c) Regulatory review
- Not later than 1 year after completion of the report under subsection (b)(1), the Secretary shall review, and may update, as appropriate, existing regulations and policy guidance that addresses the safety of gas, hazardous liquid, and carbon dioxide pipeline facilities to include consideration of threats posed by geological hazards.
Sec. 216. Alternative technologies.
- (a) Request for proposals
- Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall—
- issue a request for proposals to identify potential alternative technologies that, if used by operators, will meet the intent of an existing pipeline safety regulation and provide an equal or greater level of pipeline safety; and
- allow the public the opportunity to comment on those proposals.
- Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall—
- (b) Regulations
- If the Secretary determines that a technology that is commercially available would meet the intent of an existing pipeline safety regulation and provide an equal or greater level of pipeline safety, the Administrator may issue a notice of proposed rulemaking to update the relevant regulations to allow operators to adopt the use of such technology.
Sec. 217. Fire shutoff valves.
Section 60110 of title 49, United States Code, is amended by adding at the end the following:
- (f) Fire shutoff valves or equivalent technology
- (1) Definitions
- In this subsection:
- (A) Equivalent technology
- The term
equivalent technologymeans any technology that—- (i) is not an excess flow valve; and
- (ii) meets the performance standard of shutting off gas on a service line of a distribution system to a dwelling or other building in the event of a fire.
- The term
- (B) Fire-first ignition
- The term
fire-first ignitionmeans an occurrence in which a fire originating from a foreign source causes a natural gas system to fail, release, or ignite.
- The term
- (C) Fire safety valve
- The term
fire safety valvemeans—- (i) a fire shutoff valve; and
- (ii) any equivalent technology.
- The term
- (D) Fire shutoff valve
- The term
fire shutoff valvemeans a spring-loaded plug that is held in place by a fusible link that— - Fire shutoff valve
- (i) is made of a low-melting-point alloy;
- (ii) is attached to a gas source; and
- (iii) melts when exposed to fire, causing the spring-loaded plug to close, shutting off the gas to a dwelling or other building connected to a service line of a distribution system.
- The term
- (2) Study
- (A) In general
- Not later than 2 years after the date of enactment of this subsection, the Secretary shall complete a study on the effectiveness of fire safety valves in order to determine the ability of fire safety valves to improve public safety through mitigation of secondary ignitions, such as fire-first ignitions.
- (B) Requirements
- The study under subparagraph (A) shall evaluate—
- (i) various scenarios and applications for deploying fire safety valves;
- (ii) the current incidence of fire-first ignition of natural gas distribution pipelines;
- (iii) anticipated reduction of fire-first ignition risk under various fire safety valve deployment scenarios, including—
- lowering the likelihood of gas ignition; and
- lowering the impact and damage of fire-first ignition incidents;
- (iv) the long-term durability, construction, and effectiveness of fire safety valves; and
- (v) the commercial availability of fire safety valves for the pipeline industry.
- The study under subparagraph (A) shall evaluate—
- (A) In general
- (3) Rulemaking
- After completing the study described in paragraph (2), the Secretary may prescribe risk-based standards on the circumstances under which an operator of a natural gas distribution system shall be required to install fire shutoff valves or equivalent technologies in the system.
- (1) Definitions
Sec. 218. Exemption from post-accident testing.
Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall update the regulations of the Administration to provide that a covered employee (as defined in section 199.3 of title 49, Code of Federal Regulations (or a successor regulation)) whose previous performance of a covered function (as defined in that section (or a successor regulation)) takes place outside of the time frame during which the use of prohibited drugs or alcohol can be detected by post-accident testing under section 199.105(b) or 199.225(a), as applicable, of that title (or successor regulations)) is exempt from such post-accident testing.
Sec. 219. Maximum allowable operating pressure records.
- (a) Previously tested transmission lines
- Until the report required under subsection (b)(1) and the rulemaking required under subsection (c) (if determined necessary by the Secretary) are completed, the Secretary shall not require an owner or operator of a pipeline facility to reconfirm the maximum allowable operating pressure of a natural gas transmission pipeline pursuant to section 192.624 of title 49, Code of Federal Regulations (or a successor regulation), if the owner or operator confirms the material strength of the pipeline through prior testing conducted to a sufficient minimum pressure in accordance with prevailing safety standards and practices, including any applicable class location factors, and documented in contemporaneous records.
- (b) Working group report
- (1) In general
- The Secretary shall direct the existing maximum allowable operating pressure
working groupof the Administration (referred to in this subsection as the ) to continue producing a report containing recommendations on the contemporaneous records that are sufficient to confirm the material strength of a natural gas transmission pipeline through prior testing.
- The Secretary shall direct the existing maximum allowable operating pressure
- (2) Composition of working group
- For purposes of carrying out paragraph (1), the working group shall be composed of the members of the working group as of January 1, 2025.
- (3) Considerations
- In preparing the report required under paragraph (1), the working group—
- shall consider historical practices and all available research conducted regarding minimum pressure and contemporaneous records on transmission pipelines;
- may consider the need for any additional research or analyses necessary to demonstrate the adequacy of any strength testing performed; and
- shall consider the investigation, report, and recommendations of the National Transportation Safety Board following the San Bruno pipeline explosion.
- In preparing the report required under paragraph (1), the working group—
- (4) Submission of report
- Not later than 180 days after the date of enactment of this Act, the working group shall submit to the Secretary and the appropriate committees of Congress the report produced under paragraph (1), including any minority views.
- (1) In general
- (c) Rulemaking
- (1) In general
- Not later than 1 year after receiving the report described in subsection (b)(1), if the Secretary determines necessary, the Secretary, after providing notice and opportunity for comment, shall promulgate standards revising the requirements addressing the records necessary to confirm the maximum allowable operating pressure of a natural gas transmission pipeline segment.
- (2) Limitations
- The rulemaking under paragraph (1) shall not delay the date by which pipeline operators must comply with maximum allowable operating pressure reconfirmation regulations with respect to their natural gas transmission pipeline segments under section 192.624 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).
- (1) In general
Sec. 220. Pipeline operating status.
Section 60143(b) of title 49, United States Code, is amended by striking paragraph (1) and inserting the following:
- (1) In general
- Not later than 90 days after the date of enactment of the , the Secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to—
- idled natural gas transmission pipelines;
- idled other gas transmission pipelines; and
- idled hazardous liquid pipelines.
- Not later than 90 days after the date of enactment of the , the Secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to—
Sec. 221. Potential impact radius.
- (a) Definition of potential impact radius
- In this section, the term
potential impact radiusmeans the area within which the potential failure of a pipeline could have significant impact on persons or property, including injury or death. - Definition of potential impact radius
- In this section, the term
- (b) Review and update of methodology
- (1) Review
- Not later than 3 years after the date of enactment of this Act, the Secretary shall review—
- the methodology, including any formulas, used by the Administration to determine a potential impact radius for onshore gas transmission pipelines; and
- any applicable recommendations, including any pipeline safety recommendations submitted to the Secretary or Congress by the National Transportation Safety Board or the Government Accountability Office.
- Not later than 3 years after the date of enactment of this Act, the Secretary shall review—
- (2) Report
- (A) In general
- Not later than 180 days after completion of the review under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report detailing the findings of the review.
- (B) Requirement
- The report under subparagraph (A) shall evaluate whether the methodology reviewed under paragraph (1)(A) accounts for—
- (i) available human response data;
- (ii) accident data relating to recent pipeline incidents since January 1, 2000;
- (iii) the risk of serious injury or death, or property damage, from a pipeline incident; and
- (iv) the unique characteristics of the types of gas being transported.
- The report under subparagraph (A) shall evaluate whether the methodology reviewed under paragraph (1)(A) accounts for—
- (A) In general
- (1) Review
- (c) Investigation reports
- Beginning not later than 1 year after the date of enactment of this Act, any Pipeline Failure Investigation reports prepared by the Accident Investigation Division of the Administration for accidents involving onshore gas transmission pipelines shall identify the location and distance from the pipeline of damage, including injuries and property damage, outside of the potential impact radius determined for the pipeline.
Sec. 222. Effects of weather on natural gas pipelines.
- (a) Definitions
- In this section:
- Definitions
- (1) Applicable weather event
- The term
applicable weather event,major disastermeans a relevant weather-related event described in the definition of the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () that has the potential to impact the safety of a natural gas pipeline facility. 42 U.S.C. 5122
- The term
- (2) Natural gas pipeline facility
- The term
natural gas pipeline facilitymeans—- a natural gas pipeline; and
- any related pipeline facility, equipment, or infrastructure.
- The term
- (b) Review and report
- Not later than 1 year after the date of enactment of this Act, the Secretary shall—
- complete a review of the effects of applicable weather events on natural gas pipeline facilities to determine whether applicable weather events pose a risk to safety during and after the applicable weather event; and
- submit to the appropriate committees of Congress a report on the results of that review.
- Not later than 1 year after the date of enactment of this Act, the Secretary shall—
Sec. 223. Aldyl–A pipelines.
- (a) Assessment of Aldyl–A polyethylene piping
- Not later than 3 years after the date of enactment of this Act, each owner or operator of a gas distribution pipeline facility shall assess its system for the presence of Aldyl–A polyethylene.
- (b) Limitation
- (1) In general
- The Secretary shall not require owners and operators of gas distribution pipeline facilities to conduct excavation activities for the purpose of the assessment required under subsection (a).
- (2) Savings provision
- Nothing in this subsection affects the authority of the Secretary under—
- section 60112 of title 49, United States Code; or
- subsection (m) or (p) of section 60117 of that title.
- Nothing in this subsection affects the authority of the Secretary under—
- (1) In general
- (c) Reporting
- Not later than 3 years after the date of enactment of this Act, each owner or operator of a pipeline facility described in subsection (a) shall submit to the Secretary the estimated total pipeline mileage identified by the owner or operator as Aldyl–A polyethylene piping.
- (d) State pipeline safety program certifications
- Section 60105(b)(9)(A) of title 49, United States Code, is amended by striking and inserting the following: “of—
- State pipeline safety program certifications
- (i) cast iron and bare steel pipelines; and
- (ii) pipelines constructed of historic plastics with known safety issues
- (e) Evaluation of risk in distribution integrity management programs
- Section 60109(e)(7)(A)(i) of title 49, United States Code, is amended by striking and inserting the following: “presence, in the distribution system, of pipes and mains made of—
- cast iron;
- unprotected steel;
- wrought iron; or
- historic plastics with known safety issues; and
- Section 60109(e)(7)(A)(i) of title 49, United States Code, is amended by striking and inserting the following: “presence, in the distribution system, of pipes and mains made of—
Sec. 224. Improvements to pipeline safety integrity management programs.
The Secretary shall conduct research into the use of quantitative data and modeling to assess whether the use of such data or modeling in the integrity management programs of operators would improve the estimation of costs and benefits of risk reduction measures.
TITLE III—Streamlining oversight of pipelines
Sec. 301. Regulatory updates.
- (a) In general
- Section 106 of the PIPES Act of 2020 (; 134 Stat. 2220) is amended— Public Law 116–260
- In general
- in subsection (a)—
- in paragraph (1)—
- (i) by striking
a finaland insertingA final; and - (ii) by striking and inserting a period;
- (i) by striking
- in paragraph (2)—
- (i) by striking
a finaland insertingA final; and - (ii) by striking and inserting a period;
- (i) by striking
- in paragraph (3)—
- (i) by striking
any otherand insertingAny other; and - (ii) by striking ;
- (i) by striking
- by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately;
- A final rule required to be issued under the .
- by adding at the end the following:
- in the matter preceding subparagraph (A) (as so redesignated), by striking and inserting the following:
- (1) In general
- In this section, the term
outstanding mandatemeans a final rule described in paragraph (2) that—- is required to be issued by the Secretary (including any subordinate of the Secretary); and
- has not been published in the Federal Register.
- In this section, the term
- (2) Final rule described
- A final rule referred to in paragraph (1) is any of the following:
- (1) In general
- in paragraph (1)—
- in subsection (b)(1), by striking
referred to in paragraphs (1) through (3) of subsection (a) is published in the Federal Registerand insertingdescribed in subsection (a)(2) is published in the Federal Register with respect to the applicable outstanding mandate; and- (d) Required briefing
- If the Secretary fails to update the website as required under subsection (b)(1), an appropriate employee of the Administration shall provide an in-person briefing to the relevant committees of Congress every 30 days until the requirements of that subsection are met.
- (e) Optional briefing
- Annually, the Administrator shall offer to provide a briefing, by the Administrator or a designee, to the relevant committees of Congress on the status of outstanding mandates.
- (f) Restriction of funds
- If a requirement of subsection (b) is not met for over 90 days, no funds authorized or appropriated may be used to support travel for the Administrator or the Deputy Administrator of the Administration, unless necessary for the response to or investigation of a pipeline or hazardous materials incident.
- (d) Required briefing
- by adding at the end the following:
- in subsection (a)—
- (b) Deadline noncompliance
- (1) Briefings
- If the Secretary does not complete a requirement described in paragraph (2) by the deadline established by statute for the completion of that requirement, the Administrator shall brief the appropriate committees of Congress in person on the status of the requirement—
- not later than 7 days after the applicable deadline; and
- every 90 days thereafter until the Secretary completes the requirement.
- If the Secretary does not complete a requirement described in paragraph (2) by the deadline established by statute for the completion of that requirement, the Administrator shall brief the appropriate committees of Congress in person on the status of the requirement—
- (2) Requirements
- A requirement referred to in paragraph (1) is any of the following:
- The rulemaking required under section 60143(b)(1) of title 49, United States Code, relating to idled pipelines.
- The issuance of a final rule under section 601 with respect to the final regulations required under section 60102(q)(1) of title 49, United States Code, relating to gas pipeline leak detection and repair programs.
- A requirement referred to in paragraph (1) is any of the following:
- (1) Briefings
Sec. 302. State use of integrated inspections.
Section 60105 of title 49, United States Code, is amended by adding at the end the following:
- (g) State use of integrated inspections
- (1) Definitions
- In this subsection:
- (A) Appropriate committees of congress
- The term
appropriate committees of Congresshas the meaning given the term in section 2 of the .
- The term
- (B) Inspector General
- The term
Inspector Generalmeans the Inspector General of the Department of Transportation.
- The term
- (C) Risk-based integrated inspection program
- The term
risk-based integrated inspection programmeans an inspection program that uses risk information and data to focus inspection resources on pipeline facilities and regulatory requirements that have the highest priority during an inspection. - Risk-based integrated inspection program
- The term
- (2) Authorization
- Subject to all other applicable provisions of this section, with the written agreement of the Secretary and a State authority certified under this section, which may be in the form of a memorandum of understanding, the Secretary may authorize, and the State authority may carry out, a risk-based integrated inspection program.
- (3) Procedural and substantive requirements
- A State authority that is authorized to carry out a risk-based integrated inspection program—
- shall be subject to the same procedural and substantive requirements that would apply if the Secretary were carrying out the program; and
- shall ensure—
- (i) that no pipeline system goes without inspection for more than 5 years; and
- (ii) that unsatisfactory conditions found in inspections are addressed in a timely manner.
- A State authority that is authorized to carry out a risk-based integrated inspection program—
- (4) Application and criteria
- Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish procedures and criteria for State authorities to apply to carry out a risk-based integrated inspection program pursuant to this subsection.
- (5) Evaluation timeline
- (A) In general
- Not later than 1 year after receiving an application from a State authority to carry out a risk-based integrated inspection program under this subsection, the Secretary shall—
- (i) review the application; and
- (ii) approve or deny the application.
- Not later than 1 year after receiving an application from a State authority to carry out a risk-based integrated inspection program under this subsection, the Secretary shall—
- (B) Explanation of denial
- If the Secretary denies an application submitted by a State authority under this subsection, the Secretary shall provide an explanation to the State authority of—
- (i) why the Secretary denied the application; and
- (ii) changes that the State authority could make to the application that would result in the Secretary approving the application.
- If the Secretary denies an application submitted by a State authority under this subsection, the Secretary shall provide an explanation to the State authority of—
- (A) In general
- (6) Review of programs
- (A) In general
- The Secretary shall establish a process to review the implementation of a risk-based integrated inspection program by a State authority.
- (B) Review by Inspector General
- (i) The Inspector General shall—
- In general
- review each risk-based integrated inspection program authorized by the Secretary under this subsection not later than 3 years after the date on which the relevant application is approved to determine whether the program meets the needs of pipeline safety; and
- submit to the Secretary and the appropriate committees of Congress a report on that review.
- (ii) If the Inspector General determines that a risk-based integrated inspection program is not adequate and should be terminated, the Inspector General shall notify the Secretary and the appropriate committees of Congress.
- (A) In general
- (7) Termination
- (A) Termination by the secretary
- The Secretary may terminate an authorization for a State authority to carry out a risk-based integrated inspection program if—
- (i) the Secretary determines that the State authority is not adequately carrying out the program;
- (ii) the Secretary provides to the State authority—
- a notification of the intent of the Secretary to terminate the authorization for the State authority to carry out a risk-based integrated inspection program;
- a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the requirements of this section; and
- on request of the State authority, a detailed description of the aspects of the program that are inadequate; and
- (iii) the State authority, after the notification described in clause (ii)(I), fails to take satisfactory corrective action in accordance with clause (ii)(II) before the expiration of the period provided under that clause.
- The Secretary may terminate an authorization for a State authority to carry out a risk-based integrated inspection program if—
- (B) Termination by a state authority
- A State authority may terminate its authority to carry out a risk-based integrated inspection program at any time by providing to the Secretary a notice not later than 90 days before the date of termination.
- (A) Termination by the secretary
- (1) Definitions
Sec. 303. Optimizing pipeline safety inspections.
- (a) Definitions
- In this section:
- Definitions
- (1) Office
- The term
officemeans a regional office, district office, and any other office of the Administration serving a particular region.
- The term
- (2) Region
- The term
regionmeans a region for which a regional office of the Administration has been established.
- The term
- (3) State partners
- The term
State partnersmeans the State authorities described in subparagraphs (B) and (C) of subsection (b)(1).
- The term
- (b) Study
- (1) In general
- The Comptroller General of the United States shall conduct a study to evaluate enforcement actions and the inspection scheduling and coordination practices and procedures used by—
- the Administration;
- State authorities certified under section 60105 of title 49, United States Code; and
- State authorities with which the Secretary has made an agreement under section 60106(a) of that title.
- The Comptroller General of the United States shall conduct a study to evaluate enforcement actions and the inspection scheduling and coordination practices and procedures used by—
- (2) Requirements
- The study under paragraph (1) shall—
- identify ways in which the Administration and States may coordinate with each other for more effective inspections and enforcement;
- evaluate the extent of any—
- (i) substantive overlap of inspections carried out by the Administration and the State partners, such that the Administration and the State partners are inspecting the same operator programs and procedures multiple times in the same annual or biennial period;
- (ii) substantive overlap of inspections carried out by offices in different regions, such that offices in multiple regions are inspecting the same operator programs and procedures multiple times in the same annual or biennial period;
- (iii) coordination among offices in different regions on inspection findings relating to an operator before the Administration decides to take any enforcement or other action against that operator;
- (iv) coordination among offices in different regions and between the Administration and State partners on the scheduling and scoping of inspections of operators to avoid substantive overlaps;
- (v) resolution processes for operators in cases in which offices in different regions, or the Administration and State partners, take different interpretive positions on the same compliance issue or operator program; and
- (vi) opportunities—
- to reduce substantive unnecessary overlaps (in the process of which the Comptroller General of the United States shall identify and describe any overlaps that the Comptroller the believes are necessary);
- to avoid inconsistent interpretations—
- by offices in different regions; and
- between the Administration and State partners;
- to optimize inspection scheduling and coordination; and
- to improve compliance with Federal pipeline safety laws; and
- review the Federal enforcement process for its ability to fairly ensure compliance with Federal pipeline safety laws.
- The study under paragraph (1) shall—
- (1) In general
- (c) Report
- Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that describes the results of the study conducted under subsection (b), which shall include recommendations that the Administrator could adopt to better coordinate inspection practices and procedures with State partners, and between State partners, to address deficiencies identified under subsection (b)(2)—
- without compromising pipeline safety; and
- while improving the enforcement process.
- Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that describes the results of the study conducted under subsection (b), which shall include recommendations that the Administrator could adopt to better coordinate inspection practices and procedures with State partners, and between State partners, to address deficiencies identified under subsection (b)(2)—
- (d) Summary of pipeline inspections
- Not later than June 1 of each year beginning after the date of enactment of this Act, the Administrator shall make available to the public in an electronically accessible format a summary of Federal and State pipeline inspections conducted under direct or delegated authority under title 49, United States Code, during the previous calendar year, including—
- the date of the inspection;
- the name of the pipeline owner or operator;
- the pipeline system or segment inspected;
- the 1 or more regions of the Administration in which the inspected system or segment operates;
- the 1 or more States in which the inspected system or segment operates;
- any violations or proposed violations alleged as a result of the inspection; and
- any enforcement actions taken.
- Not later than June 1 of each year beginning after the date of enactment of this Act, the Administrator shall make available to the public in an electronically accessible format a summary of Federal and State pipeline inspections conducted under direct or delegated authority under title 49, United States Code, during the previous calendar year, including—
Sec. 304. Sense of Congress on PHMSA engagement prior to rulemaking activities.
It is the sense of Congress that, if the Secretary determines it to be appropriate, the Secretary should engage with pipeline stakeholder groups, including State pipeline safety programs with an approved certification under section 60105 of title 49, United States Code, and the public during predrafting stages of rulemaking activities—
- to inform the work of the Secretary in carrying out the goals of of title 49, United States Code; and chapter 601
- to reduce the timeline for issuance of proposed and final rules.
TITLE IV—Improving safety of emerging gases
Sec. 401. Studies of hydrogen pipeline transportation.
- (a) Study
- (1) In general
- The Secretary shall enter into an agreement with a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 ())— 42 U.S.C. 15801
- to conduct a study of the safety, technical, and practical considerations relating to the blending of hydrogen into existing natural gas systems;
- to issue a report on the results of that study, in accordance with paragraph (2); and
- to make recommendations to the Secretary for how to avoid or minimize any risks identified under paragraph (2)(C).
- The Secretary shall enter into an agreement with a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 ())— 42 U.S.C. 15801
- (2) Considerations
- In conducting the study under paragraph (1), the following factors shall be taken into consideration:
- Systems that utilize a hydrogen content above 5 percent to determine if there are additional restrictions or requirements for the processes, materials, and standards that the operators of those systems have implemented to operate those systems safely.
- Remaining knowledge gaps, if any, relating to safely moving hydrogen-methane blends through existing natural gas distribution systems.
- Safety risks, if any, of hydrogen-methane blends composed of over 5 percent hydrogen in existing natural gas distribution systems, including—
- (i) leak rates of hydrogen-methane blends;
- (ii) the performance of hydrogen-methane blends in existing residential, commercial, and industrial infrastructure; and
- (iii) underground migration of leaked hydrogen-methane blends.
- Any relevant findings or recommendations of—
- (i) the HyBlend research and development initiative commenced by the Department of Energy in 2021 for the purpose of addressing opportunities for hydrogen blending in natural gas pipelines; and
- (ii) 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
- In conducting the study under paragraph (1), the following factors shall be taken into consideration:
- (3) Report
- The Secretary shall submit to the appropriate committees of Congress the report prepared under paragraph (1)(B).
- (1) In general
- (b) GAO report
- (1) In general
- Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on existing natural gas distribution systems that utilize hydrogen-natural gas blending applications, or utilize gas with a higher hydrogen content, to identify processes, materials, and standards that operators have implemented to operate those systems safely.
- (2) Requirement
- The study conducted under paragraph (1) shall include an examination of natural gas distribution systems currently operating in—
- the United States;
- Canada;
- Europe;
- Australia;
- Hong Kong; and
- any other appropriate location, as determined by the Comptroller General of the United States.
- The study conducted under paragraph (1) shall include an examination of natural gas distribution systems currently operating in—
- (3) Considerations
- In conducting the study under paragraph (1), the Comptroller General of the United States shall consider systems that utilize a hydrogen content above 5 percent to determine if there are additional restrictions or requirements for the processes, materials, and standards that the operators of those systems have implemented to operate those systems safely.
- (1) In general
- (c) Regulatory considerations
- (1) In general
- Not later than 1 year after completion of the studies under subsections (a) and (b), the Secretary shall determine whether any updates to regulations are necessary to ensure the safety of natural gas distribution systems intentionally blending hydrogen at levels exceeding 5 percent.
- (2) Requirement
- If the Secretary determines that updates to regulations are not necessary, the Secretary shall submit to the appropriate committees of Congress a report that describes the reasons for that determination.
- (1) In general
- (d) Savings provision
- Nothing in this section—
- authorizes the removal of the exemption for certain hydrogen pipelines described in section 192.625(b)(4) of title 49, Code of Federal Regulations (as in effect on October 1, 2023); or
- affects—
- the authority of the Secretary under—
- (i) section 60112 of title 49, United States Code; or
- (ii) subsection (m) or (p) of section 60117 of that title; or
- the authority of the Secretary to prescribe standards otherwise affecting the transportation of hydrogen by pipelines.
- the authority of the Secretary under—
- Nothing in this section—
Sec. 402. Safety of carbon dioxide pipelines.
- (a) Minimum safety standards
- (1) In general
- Not later than 2 years after the date of enactment of this Act, the Secretary shall publish in the Federal Register a final rule pursuant to the rulemaking proceeding with Regulation Identifier Number 2137–AF60 after providing an opportunity for comment to ensure the safety of all phases of carbon dioxide transported in pipelines, including carbon dioxide in gaseous, liquid, and supercritical states.
- (2) Requirements
- (A) In general
- Any standard adopted by the final rule required under paragraph (1) shall—
- (i) include appropriate requirements addressing updates to emergency response plans to address any risks unique to carbon dioxide pipeline accidents or incidents;
- (ii) include minimum safety standards applicable to each operator of a pipeline facility by which carbon dioxide is transported, including performing vapor dispersion modeling to identify high consequence areas that could be affected by a release from such a pipeline facility;
- (iii) clarify that carbon dioxide shall not be used as a testing medium for spike hydrostatic pressure testing; and
- (iv) require carbon dioxide pipeline operators to provide information to State, local, and Tribal emergency response organizations (in each jurisdiction in which a carbon dioxide pipeline facility of the operator is located) on any risks unique to carbon dioxide pipeline accidents or incidents, including by making relevant portions of emergency response plans available to first responders on request.
- Any standard adopted by the final rule required under paragraph (1) shall—
- (B) Vapor dispersion modeling
- Vapor dispersion modeling under subparagraph (A)(ii) shall consider—
- (i) the topography surrounding the pipeline facility;
- (ii) atmospheric conditions that could affect vapor dispersion; and
- (iii) pipeline facility operating characteristics.
- Vapor dispersion modeling under subparagraph (A)(ii) shall consider—
- (C) Considerations
- Any standard adopted by the final rule required under paragraph (1) shall consider—
- (i) conversion of service standards; and
- (ii) safety-related condition reporting and leak reporting appropriate to any unique safety risks associated with carbon dioxide.
- Any standard adopted by the final rule required under paragraph (1) shall consider—
- (A) In general
- (1) In general
- (b) Effect
- Completion of the rulemaking required under subsection (a) shall satisfy the rulemaking requirement under section 60102(i)(2) of title 49, United States Code.
- (c) Odorant
- (1) Study
- The Secretary shall enter into an agreement with a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 ()) to study the feasibility of adding odorant to carbon dioxide pipelines. 42 U.S.C. 15801
- (2) Report
- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the feasibility of adding odorant to carbon dioxide pipelines.
- (1) Study
- (d) Additional resources
- The Secretary shall make available, on request, to relevant emergency responders information that is tailored specifically to carbon dioxide pipeline releases, including information on the potential impact area and any relevant odorants.
Sec. 403. Reporting of blended products.
- (a) In general
- All operators of natural gas pipelines shall report to the Secretary non-predominant products intentionally blended and intended to exceed, at any point in time, 2 percent by volume of the product transported by the pipeline.
- (b) Frequency
- Reports under subsection (a) shall be required not more frequently than annually.
TITLE V—Improving emergency response and transparency
Sec. 501. Bitumen oil response plan review.
- (a) Inspector General review
- Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department of Transportation shall review—
- the findings of the study required under section 16 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (; 125 Stat. 1915); and Public Law 112–90
- the emergency response plans required under section 60102(d)(5) of title 49, United States Code, for operators transporting diluted bitumen oil.
- Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department of Transportation shall review—
- (b) Purpose
- The review under subsection (a) shall determine the extent to which the response plans required under section 60102(d)(5) of title 49, United States Code—
- identify, using industry-standard names, all of the crude oils transported by the operator, including diluted bitumen;
- include safety data sheets for each of the crude oils identified in the response plan;
- describe the geographic areas most sensitive to the effects of a diluted bitumen spill, including the water bodies potentially at risk;
- describe the response activities planned and resources available to mitigate the impacts of spills of diluted bitumen, if applicable, including the capabilities of the operator for detection, containment, and recovery of submerged and sunken oil;
- specify the procedures by which the operator shall provide to the applicable On-Scene Coordinator (as defined in section 194.5 of title 49, Code of Federal Regulations (or a successor regulation)) or an equivalent State official relevant response information; and
- include all spill-relevant properties and considerations with respect to each crude oil transported by the operator and identified in the response plan in accordance with paragraph (1).
- The review under subsection (a) shall determine the extent to which the response plans required under section 60102(d)(5) of title 49, United States Code—
- (c) Report
- Not later than 180 days after completing the review under subsection (a), the Inspector General of the Department of Transportation shall submit to the appropriate committees of Congress a report that summarizes the findings of that review and contains any recommendations of the Inspector General.
Sec. 502. National Center of Excellence for Hazardous Liquid Pipeline Leak Detection.
- (a) Establishment
- After submitting the report under subsection (c) to the committees of Congress described in that subsection, and subject to the availability of funds appropriated by Congress for the applicable purpose, the Secretary, in consultation with hazardous liquid pipeline sector stakeholders, may establish a center, to be known as the (referred to in this section as the ).
NationalCenter of Excellencefor Hazardous Liquid Pipeline Leak Detection
- After submitting the report under subsection (c) to the committees of Congress described in that subsection, and subject to the availability of funds appropriated by Congress for the applicable purpose, the Secretary, in consultation with hazardous liquid pipeline sector stakeholders, may establish a center, to be known as the (referred to in this section as the ).
- (b) Location
- The Center of Excellence shall be located—
- within the Great Lakes Basin;
- in a State that hosts an international mixed-use pipeline that transports crude oil and natural gas liquids where the pipeline crosses through the Great Lakes; and
- in close proximity to an institution of higher education with adequate capabilities, experience, and expertise in researching and evaluating pipeline safety, including pipeline risk analyses.
- The Center of Excellence shall be located—
- (c) Report on establishment
- (1) In general
- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Appropriations of the House of Representatives a report that describes—
- the resources necessary to establish the Center of Excellence; and
- the manner in which the Center of Excellence will carry out the functions described in subsection (d).
- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Appropriations of the House of Representatives a report that describes—
- (2) Requirement
- The report under paragraph (1) shall include an estimate of all potential costs and appropriations necessary to carry out the functions described in subsection (d).
- (1) In general
- (d) Functions
- The Center of Excellence shall—
- review the availability of leak detection technology for hazardous liquid pipelines that can detect leaks at very low volumes;
- conduct research into the operational, economic, and technical feasibility of incorporating technologies reviewed under paragraph (1) into pipeline systems;
- be a repository of information on best practices relating to, and expertise on, hazardous liquid leak detection; and
- perform other duties, as determined by the Secretary, to improve leak detection for hazardous liquid pipelines.
- The Center of Excellence shall—
- (e) Joint operation with educational institution
- The Secretary shall enter into an agreement with an institution of higher education described in subsection (b)(3)—
- to provide for joint operation of the Center of Excellence; and
- to provide necessary administrative services for the Center of Excellence.
- The Secretary shall enter into an agreement with an institution of higher education described in subsection (b)(3)—
- (f) Report
- Not later than 3 years after the date on which the Center of Excellence is established under subsection (a), the Center of Excellence shall submit to the appropriate committees of Congress a report on the findings of the Center of Excellence with respect to leak detection technologies that can detect leaks at very low volumes.
Sec. 503. Operator financial disclosure.
Not later than 7 calendar days after the date on which an operator of a pipeline facility (as defined in section 60101(a) of title 49, United States Code) files a petition for relief under chapter 7 or 11 of title 11, United States Code, the operator shall notify the Secretary of that filing.
Sec. 504. Data and transparency.
Not later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, the Secretary shall publish, on a publicly accessible website, summary data pertaining to pipeline leaks required to be reported by operators in the annual reports submitted to the Administration by the operators.
Sec. 505. Office of Public Engagement.
Section 108 of title 49, United States Code, is amended—
- 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) Director
- The term
Directormeans the Director of the Office.
- The term
- (C) Office
- The term
Officemeans the Office of Public Engagement of the Administration established under paragraph (2).
- The term
- (2) Establishment
- 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 .
- (3) Director
- The Office shall be headed by a Director, who shall—
- 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 shall—
- appoint and assign the duties of employees of the Office; and
- prioritize the hiring of individuals who have experience in community engagement, including working with the public, State, local and Tribal governments, and pipeline safety public interest groups.
- The Director shall—
- (5) Community liaisons
- The Director shall appoint agency community liaison personnel employed as of the date on which the Office is established as employees of the Office.
- (6) Duties and functions of the Office
- (A) Coordination of assistance
- The Director shall coordinate the provision of technical assistance and educational assistance to the public with respect to the authorities exercised by the Administration.
- (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—
- 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 using varied media; and
- when appropriate, meetings;
- (ii) assisting individuals in resolving pipeline safety inquiries;
- (iii) making publicly available, and disseminating, information on the manner in which members of the public may file inquiries relating to pipeline safety;
- (iv) assisting individuals in contacting, as necessary, the Federal Energy Regulatory Commission, State agencies, and other agencies, in order to appropriately direct public inquiries that are not within the jurisdiction of the Administration to the relevant agency; and
- (v) 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.
- (A) Coordination of assistance
- (1) Definitions
- (h) Office of Public Engagement
Sec. 506. Clarification of confirmed discovery.
- (a) In general
- Not later than 2 years after the date of enactment of this Act, the Secretary shall—
- In general
- review—
- the definition of confirmed discovery used by the Administration for purposes of the reporting of accidents and incidents to the National Response Center and the Secretary (including any regulations promulgated under section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 ( note; )), establishing communication with first responders and other relevant public officials as described in section 60102(r)(1) of title 49, United States Code, providing immediate notice to the National Response Center as described in section 191.5 and 195.52 of title 49, Code of Federal Regulations (or any successor regulations), and any other relevant purposes; and 49 U.S.C. 60117; Public Law 112–90
- for each initial notice of an accident or incident submitted to the National Response Center telephonically or electronically under section 191.5 or 195.52 of title 49, Code of Federal Regulations, during the 5-year period ending on the date of enactment of this Act—
- (i) the time between the first signs of an accident or incident and the time at which operators determined that the accident or incident met the definition of confirmed discovery;
- (ii) the methods that operators used to confirm that an accident or incident met that definition; and
- (iii) the time that it took for operators to report an accident or incident after confirming that the accident or incident met that definition; and
- submit to the appropriate committees of Congress a report that provides the findings of the review under paragraph (1), including the details described in subparagraph (B) of that paragraph for each accident or incident.
- review—
- (b) Civil penalty considerations
- Section 60122(b)(1) of title 49, United States Code, is amended—
- in subparagraph (C), by striking
andat the end; - in subparagraph (D), by striking at the end;
and- the timeliness of emergency response notification, including by reducing penalties for cases in which incidents are reported within 10 minutes of a suspected release; and
- advanced coordination with State, local, Tribal, and territorial governmental entities resulting in the relevant and timely use of existing public alert notification systems; and
- by adding at the end the following:
- in subparagraph (C), by striking
- Section 60122(b)(1) of title 49, United States Code, is amended—
Sec. 507. Public alert notification system for pipeline facilities.
- (a) Public alert notification system
- The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall develop voluntary guidance to assist owners and operators of pipeline facilities with coordinating with State, local, Tribal, and territorial governmental entities to make use of existing public alert notification systems, such as the Integrated Public Alert and Warning System of the Federal Emergency Management Agency described in section 526 of the Homeland Security Act of 2002 () to issue emergency alerts and appropriate guidance via mobile phones, radio, or television in a locally targeted area in the event of a pipeline emergency.. 6 U.S.C. 321o
- (b) Emergency response plans
- Any procedures established by an operator under subsection (a) shall be incorporated into the emergency response plan maintained by the operator under section 60102(d)(5) of title 49, United States Code.
TITLE VI—Other matters
Sec. 601. Prohibition on PHMSA operation, procurement, or contracting action with respect to covered unmanned aircraft systems.
- (a) In general
- of title 49, United States Code, is amended by adding at the end the following: Chapter 448
- (a) Definitions
- In this section:
- Definitions
- (1) Administration
- The term
Administrationmeans the Pipeline and Hazardous Materials Safety Administration.
- The term
- (2) Administrator
- The term
Administratormeans the Administrator of the Administration.
- The term
- (3) Covered foreign country
- The term
covered foreign countrymeans any of the following:- The People’s Republic of China.
- The Russian Federation.
- The Islamic Republic of Iran.
- The Democratic People’s Republic of Korea.
- The Bolivarian Republic of Venezuela.
- The Republic of Cuba.
- The term
- (4) Covered unmanned aircraft system
- The term
covered unmanned aircraft systemmeans an unmanned aircraft system that is, or is owned by an entity that is—- included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;
- domiciled in a covered foreign country; or
- subject to influence or control by the government of a covered foreign country.
- The term
- (b) Restrictions
- Subject to subsection (c), the Administrator shall not—
- operate a covered unmanned aircraft system; or
- enter into, extend, or renew a contract—
- for the procurement of a covered unmanned aircraft system; or
- with an entity that operates (as determined by the Secretary of Transportation) a covered unmanned aircraft system in the performance of any Administration contract.
- Subject to subsection (c), the Administrator shall not—
- (c) Exemption
- The restrictions under subsection (b) shall not apply if the operation, procurement, or contracting action is for the purpose of intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.
- (d) Waiver
- The Administrator may waive the restrictions under subsection (b) on a case by case basis by certifying, in writing, to the Secretary of Homeland Security and the appropriate committees of Congress that the operation, procurement, or contracting action is required in the public interest of the United States.
- (e) Replacement of covered unmanned aircraft systems
- Subject to available appropriations, not later than 1 year after the date of enactment of this section, the Administrator shall replace any covered unmanned aircraft system that is owned or operated by the Administration as of that date of enactment with an unmanned aircraft system manufactured in the United States or an allied country (as defined in section 2350f(d) of title 10).
- (f) Report to Congress
- Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes—
- a description of the changes the Administration has made to its operation, procurement, and contracting processes to ensure that the Administration does not acquire any covered unmanned aircraft system;
- the number of covered unmanned aircraft systems that needed to be replaced in accordance with subsection (e), including—
- an explanation of the purposes for which such covered unmanned aircraft systems were used;
- a description of the unmanned aircraft systems that the Administrator will purchase to replace such covered unmanned aircraft systems; and
- the cost to purchase the unmanned aircraft systems described in subparagraph (B); and
- any other information determined appropriate by the Administrator.
- Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes—
- (a) Definitions
- of title 49, United States Code, is amended by adding at the end the following: Chapter 448
- (b) Clerical amendment
- The analysis for of title 49, United States Code, is amended by inserting after the item relating to the following: chapter 448; section 44814
- 44815. Prohibition on PHMSA operation, procurement, or contracting action with respect to covered unmanned aircraft systems.
-
- Prohibition on PHMSA operation, procurement, or contracting action with respect to covered unmanned aircraft systems.
- The analysis for of title 49, United States Code, is amended by inserting after the item relating to the following: chapter 448; section 44814
Sec. 602. Natural gas distribution pipeline infrastructure safety and modernization grants.
- (a) In general
- The Secretary may provide grants to assist publicly owned natural gas distribution pipeline systems in repairing, rehabilitating, or replacing pipeline systems to improve pipeline safety.
- (b) Eligible entities
- An entity eligible to receive a grant under this section is a utility that—
- is owned by a community or municipality; and
- is not a for-profit entity.
- An entity eligible to receive a grant under this section is a utility that—
- (c) Applications
- An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the projects or activities proposed to be funded by the grant.
- (d) Uses
- A grant provided under this section may be used—
- to repair, rehabilitate, or replace a natural gas distribution pipeline system or portions of a natural gas distribution pipeline system; or
- to acquire equipment for use in a repair, rehabilitation, or replacement project under paragraph (1).
- A grant provided under this section may be used—
- (e) Considerations
- The Secretary shall establish procedures for awarding grants under this section that take into consideration—
- the risk profile of the existing pipeline system, including pipe material, operated by the applicant; and
- supporting communities that have limited ability to invest in the infrastructure of the community through increased utility rates due to economic conditions, including high poverty rates, high unemployment, or low median wages.
- The Secretary shall establish procedures for awarding grants under this section that take into consideration—
- (f) Limitations
- (1) Awards to a single utility
- The Secretary may not award more than 12.5 percent of the total amount made available to carry out this section to a single eligible entity described in subsection (b).
- (2) Administrative expenses
- Not more than 2 percent of the amounts appropriated under subsection (h)(1) for a fiscal year may be used by the Secretary for the administrative costs of carrying out this section.
- (3) Cost sharing
- (A) In general
- Except as provided in subparagraph (B), any grant provided by the Secretary under this section shall not represent more than 50 percent of the actual total cost of the repair, rehabilitation, or replacement project for which the grant is provided.
- (B) Exception
- In the case of a grant under this section for a project in an area with a population of less than 50,000 residents, based on the most recent decennial census, the Secretary may increase the grant share of the cost of the project under subparagraph (A) to not more than 80 percent.
- (A) In general
- (1) Awards to a single utility
- (g) Congressional notification
- Not later than 3 days before the date on which the Secretary publishes the selection of projects and activities for which a grant will be provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice that includes—
- a list of all applications reviewed by the Secretary as part of the selection process; and
- a report that describes each project or activity for which a grant will be provided under this section for that round of selection.
- Not later than 3 days before the date on which the Secretary publishes the selection of projects and activities for which a grant will be provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice that includes—
- (h) Funding
- (1) Authorization of appropriations
- There is authorized to be appropriated to the Secretary to carry out this section $75,000,000 for each of fiscal years 2027 through 2030, to remain available until expended.
- (2) Requirement
- Any amounts used to carry out this section—
- shall be derived from general revenues; and
- shall not be derived from user fees collected under section 60301.
- Any amounts used to carry out this section—
- (1) Authorization of appropriations
Sec. 603. Issues affecting federally recognized Indian Tribes.
- (a) Indian and Tribal definitions
- (c) Indian and Tribal definitions
- In this chapter:
- The term
Indian land,Indian landshas the meaning given the term in section 4 of the Indian Gaming Regulatory Act (). 25 U.S.C. 2703 - The term
Indian Tribehas the meaning given the term in section 4 of the (). 25 U.S.C. 5304
- The term
- In this chapter:
- Section 60101 of title 49, United States Code, is amended by adding at the end the following:
- (c) Indian and Tribal definitions
- (b) Safety standards and reports
- Section 60102 of title 49, United States Code, is amended—
- in subsection (c)(4)(A), by striking
located,and insertinglocated and any affected Indian Tribe; - in subsection (d)—
- in the matter preceding paragraph (1), in the first sentence, by striking
and an appropriate State official as determined by the Secretaryand inserting, an appropriate State official (as determined by the Secretary), and an appropriate Tribal official (as determined by the Secretary) from any affected Indian Tribe; - in paragraph (2), in the matter preceding subparagraph (A), by inserting after ;
- in paragraph (5)—
- (i) in subparagraph (B), by inserting after ; and
- (ii) in subparagraph (C), by inserting after ; and
- in paragraph (6)—
- (i) by inserting after ; and
- (ii) by inserting before the period at the end;
- in the matter preceding paragraph (1), in the first sentence, by striking
- in subsection (h)—
- in paragraph (2)(C), by striking
the appropriate Tribeand insertingany affected Indian Tribe with respect to the location; and - in paragraph (3)(B), by inserting before the semicolon at the end; and
- in paragraph (2)(C), by striking
- in subsection (r)(1), in the matter preceding subparagraph (A), by inserting after .
- in subsection (c)(4)(A), by striking
- Section 60102 of title 49, United States Code, is amended—
- (c) Inspection and maintenance
- Section 60108(c)(6)(C) of title 49, United States Code, is amended, in the first sentence, by inserting after .
- (d) High-density population areas and environmentally sensitive areas
- (C) Deadlines
- (i) Not later than 2 years after the date of enactment of the , each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, and to any affected Indian Tribe, a copy of the emergency response plan under section 60102(d)(5).
- Emergency response plan
- (ii) Not later than 2 years after the date of enactment of the , each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, a copy of—
- the distribution integrity management plan of the operator; and
- the procedural manual for operations, maintenance, and emergencies under section 60102(d)(4).
- (iii) Not later than 60 days after the date of a significant update, as determined by the Secretary, to a plan or manual described in clause (i) or (ii), the operator of the applicable distribution system shall—
- in the case of an emergency response plan described in clause (i), make available to the Secretary or make available for inspection to the relevant State authority described in that clause (if applicable), and make available for inspection to any affected Indian Tribe, an updated copy of the emergency response plan; and
- in the case of a plan or manual described in clause (ii), make available to the Secretary or make available for inspection to the relevant State authority described in that clause (if applicable) an updated copy of the applicable plan or manual.
- (iv) Nothing in this subsection shall be construed to authorize the disclosure of any information that is exempt from disclosure under section 552(b) of title 5.
- Section 60109(e)(7) of title 49, United States Code, is amended by striking subparagraph (C) and inserting the following:
- (C) Deadlines
- (e) Pipeline facilities hazardous to life and property
- Section 60112(c) of title 49, United States Code, is amended, in the second sentence, by inserting after .
- (f) Technical safety standards committees
- Section 60115(b)(3)(A) of title 49, United States Code, is amended by striking
and ofand inserting, Indian Tribes, and.
- Section 60115(b)(3)(A) of title 49, United States Code, is amended by striking
- (g) Public education programs
- Section 60116(b) of title 49, United States Code, is amended—
- in the first sentence, by striking and inserting ; and
- in the second sentence, by inserting after .
- Section 60116(b) of title 49, United States Code, is amended—
- (h) Administrative
- Section 60117 of title 49, United States Code, is amended—
- in subsection (g)(1), by inserting after ;
- in subsection (i)—
- in paragraph (1), by inserting after ; and
- in paragraph (2), by inserting after ;
- in subsection (l), in the first sentence, by inserting after ;
- in subsection (n)(1), by inserting after ; and
- in subsection (p)(2)(B), by inserting after .
- Section 60117 of title 49, United States Code, is amended—
- (i) Judicial review
- Section 60119(a)(1) of title 49, United States Code, is amended, in the first sentence, by inserting before .
- (j) Emergency response grants
- Section 60125(b)(1) of title 49, United States Code, is amended, in the first sentence, by inserting after .
- (k) National pipeline mapping system
- Section 60132 of title 49, United States Code, is amended—
- in subsection (c), by striking
State and localand insertingState, local, and Tribal; and - in subsection (e), in the first sentence, by striking
State and localand insertingState, local, and Tribal.
- in subsection (c), by striking
- Section 60132 of title 49, United States Code, is amended—
- (l) Coordination of environmental reviews
- Section 60133 of title 49, United States Code, is amended—
- in subsection (a)(5), by striking
and localand inserting, local, and Tribal; and - in subsection (c)(2), by inserting after .
- in subsection (a)(5), by striking
- Section 60133 of title 49, United States Code, is amended—
Sec. 604. Identification of and justification for redactions.
If the Administration redacts any portion of a document produced to another person, the Administration shall cite a specific statute authorizing the withholding of the information redacted.
Sec. 605. Fees for loan guarantees.
Section 116(d) of the Alaska Natural Gas Pipeline Act () is amended— 15 U.S.C. 720n(d)
- in paragraph (1)—
- by striking and inserting the following:
- (1) Loan terms
- (A) In general
- The Secretary
- (A) In general
- (1) Loan terms
- in subparagraph (A) (as so designated), in the second sentence, by striking and inserting the following:
- (B) Duration
- The term
- (B) Duration
- by striking and inserting the following:
- in paragraph (2), by striking and inserting the following:
- (2) Fees
- (A) Administrative expenses
- (i) Notwithstanding any other provision of law, the Secretary shall charge, and collect on or after the date of the financial close of an obligation, a fee for a guarantee in an amount that the Secretary determines is sufficient to cover applicable administrative expenses (including any costs associated with third-party consultants engaged by the Secretary).
- (ii) Fees collected under this paragraph shall—
- be deposited by the Secretary into the Treasury; and
- remain available to the Secretary, without further appropriation, until expended to cover applicable administrative expenses described in clause (i).
- (iii) Notwithstanding clause (i), and subject to the availability of appropriations, the Secretary may reduce the amount of a fee for a guarantee under this subparagraph.
- (B) Debt obligations
- An eligible
- (A) Administrative expenses
- (2) Fees
Sec. 606. Improving pipeline cybersecurity.
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall publish in the Federal Register a final rule pursuant to the rulemaking proceeding entitled (Docket Number TSA–2022–0001; Regulation Identifier Number 1652–AA74) relating to the cybersecurity of pipelines. Enhancing Surface Cyber Risk Management
Sec. 607. Technical corrections.
- (a) Definitions
- Section 60101(a) of title 49, United States Code (as amended by section 212(b)), is amended—
- Definitions
- in the matter preceding paragraph (1), by striking
chapter—and insertingchapter:; - in each of paragraphs (1) through (16), (18), (19), (20), (22) (23), (25), and (27), by striking the semicolon at the end of the paragraph and inserting a period;
- in paragraph (1)—
- by striking the paragraph designation and all that follows through in subparagraph (A) and inserting the following:
- (1) Existing liquefied natural gas facility
- (A) In general
- The term
existing liquefied natural gas facilitymeans - In general
- The term
- (A) In general
- (1) Existing liquefied natural gas facility
- in subparagraph (A)(ii), by striking and inserting a period; and
- in subparagraph (B)—
- (i) by striking and inserting the following:
- (B) Exclusions
- The term does not
existing liquefied natural gas facility
- The term does not
- (B) Exclusions
- (ii) by inserting after ;
- (i) by striking and inserting the following:
- by striking the paragraph designation and all that follows through in subparagraph (A) and inserting the following:
- in paragraph (14)—
- by striking the paragraph designation and all that follows through in subparagraph (A) and inserting the following:
- (14) Liquefied natural gas pipeline facility
- (A) In general
- The term
liquefied natural gas pipeline facilitymeans
- The term
- (A) In general
- (14) Liquefied natural gas pipeline facility
- in subparagraph (A), by striking and inserting a period; and
- in subparagraph (B), by striking and inserting the following:
- (B) Exclusions
- The term does not
liquefied natural gas pipeline facility
- The term does not
- (B) Exclusions
- by striking the paragraph designation and all that follows through in subparagraph (A) and inserting the following:
- in paragraph (24) (relating to the term ), by striking and inserting a period;
Secretary - in paragraph (27)—
- by striking the paragraph designation and all that follows through in subparagraph (A) and inserting the following:
- (27) Transporting hazardous liquid
- (A) In general
- The term
transporting hazardous liquidmeans - In general
- The term
- (A) In general
- (27) Transporting hazardous liquid
- in subparagraph (A)(ii), by striking and inserting a period; and
- in subparagraph (B), by striking and inserting the following:
- (B) Exclusions
- The term does not
transporting hazardous liquid
- The term does not
- (B) Exclusions
- by striking the paragraph designation and all that follows through in subparagraph (A) and inserting the following:
- in each of paragraphs (2) through (13), (15), (16), (18), (19), (20), (22) through (25), and (28)—
- by inserting after the paragraph designation; and
- by inserting a paragraph heading, the text of which comprises the term defined in the paragraph.
- in the matter preceding paragraph (1), by striking
- (b) Report
- Section 60102(b) of title 49, United States Code, is amended by striking paragraph (7).