118 HR 6494 RH: Promoting Innovation in Pipeline Efficiency and Safety Act of 2023 U.S. House of Representatives 2024-12-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 721 118th CONGRESS2d Session H. R. 6494 [Report No. 118–884, Part I] IN THE HOUSE OF REPRESENTATIVES November 29, 2023 Mr. Graves of Missouri (for himself, Mr. Larsen of Washington, Mr. Nehls, and Mr. Payne) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned December 16, 2024 Reported from the Committee on Transportation and Infrastructure with an amendment Strike out all after the enacting clause and insert the part printed in italic December 16, 2024 Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on November 29, 2023 A BILL To amend title 49, United States Code, to provide enhanced safety in pipeline transportation, and for other purposes.

1.

Short title; table of contents; definition

(a)

Short title

This Act may be cited as the Promoting Innovation in Pipeline Efficiency and Safety Act of 2023 or the PIPES Act of 2023. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; definition. Sec. 2. Authorization of appropriations. Sec. 3. Definitions. Sec. 4. Workforce development. Sec. 5. Regulatory updates. Sec. 6. Incorporation by reference. Sec. 7. Inspection activity reporting. Sec. 8. Technical safety standards committees. Sec. 9. Sense of Congress on PHMSA engagement prior to rulemaking activities. Sec. 10. Office of Public Engagement. Sec. 11. Class location changes. Sec. 12. Pipeline operating status. Sec. 13. Rights-of-way management. Sec. 14. Study on composite materials for pipelines. Sec. 15. Competitive Academic Agreement Program. Sec. 16. Geohazard mitigation study. Sec. 17. Special permit program. Sec. 18. Excavation damage prevention. Sec. 19. Integrity management study. Sec. 20. Hydrogen study. Sec. 21. Penalty for causing a defect in or disrupting operation of pipeline infrastructure. Sec. 22. Civil penalties. Sec. 23. Liquefied natural gas regulatory coordination. Sec. 24. Pipeline safety voluntary information-sharing system. Sec. 25. Carbon dioxide pipelines. Sec. 26. Opportunity for formal hearing. Sec. 27. State pipeline safety grants reporting. Sec. 28. Inspection of in-service breakout tanks. Sec. 29. Disclosure of safety information assessment. Sec. 30. Assessment of certain pipeline safety definitions. Sec. 31. Report assessing the costs of pipeline failures. Sec. 32. Study on localized emergency alert system for pipeline facilities incidents. Sec. 33. Maximum allowable operating pressure. (c)

State defined

In this Act, the term State has the meaning given such term in section 60101(a) of title 49, United States Code.

2.

Authorization of appropriations

(a)

Gas and hazardous liquid

Section 60125 of title 49, United States Code, is amended by striking subsection (a) and inserting the following: (a)

Gas and hazardous liquid

(1)

In general

From fees collected under section 60301, there are authorized to be appropriated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid— (A)$181,400,000 for fiscal year 2024, of which— (i)$9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and (ii)$73,000,000 shall be used for making grants; (B)$189,800,000 for fiscal year 2025, of which— (i)$9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and (ii)$75,000,000 shall be used for making grants; (C)$198,200,000 for fiscal year 2026, of which— (i)$9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and (ii)$77,000,000 shall be used for making grants; and (D)$206,600,000 for fiscal year 2027, of which— (i)$9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and (ii)$79,000,000 shall be used for making grants. (2)

Trust fund amounts

In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated from the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to hazardous liquid— (A)$30,000,000 for fiscal year 2024, of which— (i)$2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and (ii)$11,000,000 shall be used for making grants; (B)$30,500,000 for fiscal year 2025, of which— (i)$2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and (ii)$11,500,000 shall be used for making grants; (C)$31,000,000 for fiscal year 2026, of which— (i)$2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and (ii)$12,000,000 shall be used for making grants; and (D)$31,500,000 for fiscal year 2027, of which— (i)$2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and (ii)$12,500,000 shall be used for making grants. (3)

Underground natural gas storage facility safety account

From fees collected under section 60302, there is authorized to be appropriated to the Secretary to carry out section 60141 $7,000,000 for each of fiscal years 2024 through 2027. (4)

Recruitment and retention

From amounts made available to the Secretary under paragraphs (1) and (2), the Secretary shall use, to carry out section 104(a) of the PIPES Act of 2023 and section 102(c) of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (Public Law 116–260)— (A)$3,400,000 for fiscal year 2024, of which— (i)$2,890,000 shall be from amounts made available under paragraph (1)(A); and (ii)$510,000 shall be from amounts made available under paragraph (2)(A); (B)$5,100,000 for fiscal year 2025, of which— (i)$4,335,000 shall be from amounts made available under paragraph (1)(B); and (ii)$765,000 shall be from amounts made available under paragraph (2)(B); (C)$6,800,000 for fiscal year 2026, of which— (i)$5,780,000 shall be from amounts made available under paragraph (1)(C); and (ii)$1,020,000 shall be from amounts made available under paragraph (2)(C); and (D)$8,500,000 for fiscal year 2027, of which— (i)$7,225,000 shall be from amounts made available under paragraph (1)(D); and (ii)$1,275,000 shall be from amounts made available under paragraph (2)(D).. (b)

Operational expenses

Section 2(b) of the PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515) is amended by striking paragraphs (1) through (3) and inserting the following: (1)$31,000,000 for fiscal year 2024. (2)$32,000,000 for fiscal year 2025. (3)$33,000,000 for fiscal year 2026. (4)$34,000,000 for fiscal year 2027.. (c)

One-call notification programs

Section 6107 of title 49, United States Code, is amended by striking $1,058,000 for each of fiscal years 2021 through 2023 and inserting $2,000,000 for each of fiscal years 2024 through 2027. (d)

Emergency response grants

Section 60125(b)(2) of title 49, United States Code, is amended by striking fiscal years 2021 through 2023 and inserting fiscal years 2024 through 2027. (e)

Pipeline safety information grants to communities

Section 60130(c)(1) of title 49, United States Code, is amended by striking $2,000,000 for each of fiscal years 2021 through 2023 to carry out this section. and inserting the following: , to carry out this section, the following: (A)$2,250,000 for fiscal year 2024. (B)$2,500,000 for fiscal year 2025. (C)$2,750,000 for fiscal year 2026. (D)$3,000,000 for fiscal year 2027.. (f)

Improving technical assistance

Section 60130(c)(2) of title 49, United States Code, is amended— (1)by striking each fiscal year, the Secretary shall award $1,000,000 and inserting , the Secretary shall award; and (2)by striking the period at the end and inserting the following: the following amounts: (A)$1,250,000 for fiscal year 2024. (B)$1,500,000 for fiscal year 2025. (C)$1,750,000 for fiscal year 2026. (D)$2,000,000 for fiscal year 2027.. (g)

Damage prevention programs

Section 60134(i) of title 49, United States Code, is amended in the first sentence by striking $1,500,000 for each of fiscal years 2021 through 2023 and inserting $2,000,000 for each of fiscal years 2024 through 2027. (h)

Pipeline integrity program

Section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is amended— (1)by striking $3,000,000 and inserting $2,000,000; and (2)by striking 2021 through 2023 and inserting 2024 through 2027.

3.

Definitions

Section 60101(a) of title 49, United States Code, is amended— (1)in paragraph (8)(B) by inserting and carbon dioxide after hazardous liquid; (2)in paragraph (18) by inserting , a carbon dioxide pipeline facility, after gas pipeline facility; (3)in paragraph (19) by inserting , transporting carbon dioxide, after transporting gas; (4)in paragraph (24) by inserting , carbon dioxide, after a gas; (5)in paragraph (25) by striking and at the end; (6)by redesignating paragraphs (1), (2), (3), (4), (5), (6), (9), (7), (10), (8), (11), (12), (13), (14), (15), (16), (17), (18), (19), (23), (24), (25), (20), (21), (22), and (26) as paragraphs (4), (5), (6), (7), (8), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (23), (24), (25), (27), (28), (29), (30), (32), (33), and (35), respectively, and transferring the paragraphs so as to appear in numerical order; (7)by inserting before paragraph (4), as so redesignated, the following: (1)carbon dioxide means a product stream consisting of more than 50 percent carbon dioxide molecules in any state of matter except solid; (2)carbon dioxide pipeline facility— (A)means a pipeline, a right of way, a facility, a building, or equipment used, or intended to be used, in transporting carbon dioxide or treating carbon dioxide during the transportation of such carbon dioxide; but (B)does not include any storage facility, piping, or equipment covered by the exclusion in section 60102(i)(3)(B)(ii); (3)de-identified means the process by which all information that is likely to establish the identity of the specific persons, organizations, or entities submitting reports, data, or other information is removed from reports, data, or other information;; (8)by inserting after paragraph (8), as so redesignated, the following: (9)interstate carbon dioxide pipeline facility means a carbon dioxide pipeline facility used to transport carbon dioxide in interstate or foreign commerce; (10)intrastate carbon dioxide pipeline facility means a carbon dioxide pipeline facility that is not an interstate carbon dioxide facility;; (9)by inserting after paragraph (21), as so redesignated, the following: (22)non-public pipeline safety data and information means any pipeline safety data or information, regardless of form or format, that a company does not disclose, disseminate, or make available to the public or that is not otherwise in the public domain;; (10)by inserting after paragraph (25), as so redesignated, the following: (26)public information means any data or information, regardless of form or format, that a company discloses, disseminates, or makes available to the public or that is otherwise in the public domain; ; (11)by inserting after paragraph (30), as so redesignated, the following: (31)transporting carbon dioxide means the movement of carbon dioxide or the storage of carbon dioxide incidental to the movement of carbon dioxide by pipeline, in or affecting interstate or foreign commerce; ; and (12)by inserting after paragraph (33), as so redesignated, the following: (34)Tribal means relating to Indian Tribes, as such term is defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130); and.

4.

Workforce development

(a)

Additional full-Time equivalent employees

In addition to the personnel level authorized for the Pipeline and Hazardous Materials Safety Administration as of the date of enactment of this Act, the Administrator of such Administration may increase the number of full-time equivalent employees in the Office of Pipeline Safety by not more than 30 positions for employees who have advanced engineering, scientific, or other technical expertise (or equivalent experience) to— (1)develop and implement pipeline safety policies and regulations; and (2)fulfill congressional rulemaking mandates. (b)

Report required

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report on— (1)any progress made on implementation of subsection (a); (2)the implementation of the recruitment and retention incentives authorized in section 102 of the PIPES Act of 2020 (Public Law 116–260); (3)barriers and challenges to hiring and retention at the Administration; (4)staffing levels of inspection and enforcement personnel of the Administration; and (5)any additional workforce needs of the Administration. (c)

Effect on existing regulation

Section 102(c) of the PIPES Act of 2020 (49 U.S.C. 60101 note) is amended by striking paragraph (3) and inserting the following: (3)

Effect on existing regulation

In implementing the incentives described in paragraph (1), the Secretary, in consultation with the Administrator of the Pipeline and Hazardous Materials Safety Administration, may waive existing regulations..

5.

Regulatory updates

(a)

Definition of outstanding mandate

In this section, the term outstanding mandate means— (1)a final rule required to be issued under the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112–90) that has not been published in the Federal Register; (2)a final rule required to be issued under the PIPES Act of 2016 (Public Law 114–183) that has not been published in the Federal Register; (3)a final rule required to be issued under the PIPES Act of 2020 (Public Law 116–260) that has not been published in the Federal Register; and (4)any other final rule regarding gas or hazardous liquid pipeline facilities that— (A)has not been published in the Federal Register; and (B)is required to be issued under this Act or any other Act. (b)

Requirements

(1)

Periodic updates

Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter until each outstanding mandate is published in the Federal Register, the Secretary of Transportation shall publish on a publicly available website of the Department of Transportation an update regarding the status of each such mandate in accordance with subsection (c). (2)

Notification of Congress

On publication of a final rule in the Federal Register for an outstanding mandate, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a notification of such publication. (c)

Contents

An update published or a notification submitted under subsection (b)(1) shall contain, as applicable— (1)with respect to information relating to the Administration— (A)a description of the work plan for each outstanding mandate; (B)an updated rulemaking timeline for each outstanding mandate; (C)the staff allocations with respect to each outstanding mandate; (D)any resource constraints affecting the rulemaking process for each outstanding mandate; (E)any other details associated with the development of each outstanding mandate that affect the progress of the rulemaking process with respect to that outstanding mandate; and (F)a description of all rulemakings regarding gas or hazardous liquid pipeline facilities published in the Federal Register that are not identified under subsection (b)(2); and (2)with respect to information relating to the Office of the Secretary— (A)the date that the outstanding mandate was submitted to the Office of the Secretary for review; (B)the reason that the outstanding mandate is under review beyond 45 days; (C)the staff allocations within the Office of the Secretary with respect to each outstanding mandate; (D)any resource constraints affecting review of the outstanding mandate; (E)an estimated timeline of when review of the outstanding mandate will be complete, as of the date of the update; (F)if applicable, the date that the outstanding mandate was returned to the Administration for revision and the anticipated date for resubmission to the Office of the Secretary; (G)the date that the outstanding mandate was submitted to the Office of Management and Budget for review; and (H)a statement of whether the outstanding mandate remains under review by the Office of Management and Budget.

6.

Incorporation by reference

(a)

In general

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 4 years, or if an interested person otherwise petitions in accordance with section 190.331 of title 49, Code of Federal Regulations (or successor regulation), the Secretary shall review, and update as necessary, incorporated industry standards that have been adopted, either partially or in full, as part of the Federal pipeline safety regulatory program under this chapter that are modified and published by a standards development organization, as such term is defined in section 2(a) of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4301(a)). (2)

Discretion in adopting industry standards

The Secretary may decline to adopt an industry standard that is inconsistent with applicable law or otherwise impracticable, including in circumstances where the use of an industry standard would not serve the needs of the Federal pipeline safety regulatory program, or would impose undue burdens. (3)

List of industry standards

The Secretary shall— (A)maintain a publicly available list of all industry standards considered for adoption under this chapter and the agency’s adjudication of each considered standard; (B)include the reasoning for not adopting an industry standard, whether in full or in part, on the list under subparagraph (A); and (C)submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate such list not later than— (i)30 days after completion of such list; and (ii)30 days after the date of any subsequent revisions to such list. (4)

Public accessibility

Any industry standards incorporated by reference, or portions thereof, shall be made available by the entity that developed such standards free of charge for viewing on a publicly available website.. (b)

GAO report

Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1)conduct a review to determine compliance with section 60102(l)(4) of title 49, United States Code; and (2)submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the review conducted under paragraph (1).

7.

Inspection activity reporting

(a)

Inspection and enforcement priorities

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall establish, and make available to the public in an electronically accessible format, a report containing the inspection and enforcement priorities of the Office of Pipeline Safety of the Pipeline and Hazardous Materials Safety Administration for fiscal years 2024 through 2027. Such report shall include a description of— (1)how the Administrator will use the priorities to guide the inspection program of such Office; (2)how the inspection and enforcement priorities will improve pipeline safety; and (3)how the Administrator communicates and coordinates the implementation of inspection and enforcement priorities with regional offices and State inspectors operating under delegated authority. (b)

Notice and comment

Prior to publication of the inspection and enforcement priorities under subsection (a), the Administrator shall solicit through notice in the Federal Register public comment on such priorities. (c)

Summary of pipeline inspections

Not later than June 1 of each year beginning with the year 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 of title 49, United States Code, during the previous calendar year, to include— (1)the date of the inspection; (2)the name of the pipeline owner or operator; (3)the pipeline system or segment inspected; (4)the region or regions of the Pipeline and Hazardous Materials Safety Administration in which the inspected system or segment operates; (5)the State or States in which the inspected system or segment operates; and (6)any violations, or proposed violations, found as a result of pipeline inspections.

8.

Technical safety standards committees

(a)

Committee reports on proposed standards

Section 60115(c)(1) of title 49, United States Code, is amended— (1)in subparagraph (A) by inserting , if applicable after each proposed standard; and (2)in subparagraph (B) by inserting , if applicable after each proposed standard. (b)

Report

Section 60115(c)(2) of title 49, United States Code, is amended by inserting and provide written notification of such reasons to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at the time a final rulemaking relating to the standard is issued after publish the reasons. (c)

Frequency of meetings

Section 60115(e) of title 49, United States Code, is amended by striking up to 4 and inserting 2.

9.

Sense of Congress on PHMSA engagement prior to rulemaking activities

It is the sense of Congress that— (1)the Secretary of Transportation 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 and use, to the greatest extent practicable, properly docketed ex parte discussions during rulemaking activities in order to— (A)inform the work of the Secretary; (B)assist the Administrator of the Pipeline and Hazardous Materials Safety Administration in developing the scope of a rule; and (C)reduce the timeline for issuance of proposed and final rules; and (2)when it would reduce the time required for the Secretary to adjudicate public comments, the Administrator should publicly provide information describing the rationale behind a regulatory decision included in proposed regulations in order to better allow for the public to provide clear and informed comments on such regulations.

10.

Office of Public Engagement

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall rename the Community Liaison Services within the Office of Pipeline Safety of the Pipeline and Hazardous Materials Safety Administration as the Office of Public Engagement (hereinafter in this section referred to as the Office). (b)

Duties

The duties of the Office are to— (1)proactively engage with pipeline stakeholders, including the public, pipeline operators, public safety organizations, and government officials, to raise awareness of pipeline safety practices; (2)promote the adoption and increased use of safety programs and activities; (3)inform the public of pipeline safety regulations and best practices; and (4)assist the public with inquiries regarding pipeline safety. (c)

Public access

The Office shall ensure that activities carried out by the Office and information products developed by the Office are accessible to the public. (d)

Community liaisons

The Office shall incorporate positions known as community liaisons under the Community Liaison Services. (e)

Report

Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the implementation of this section.

11.

Class location changes

Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall prescribe a final rule amending the safety standards for class location changes in parts 191 and 192 of title 49, Code of Federal Regulations, based on the notice of proposed rulemaking published by the Pipeline and Hazardous Materials Safety Administration on October 14, 2020, titled Pipeline Safety: Class Location Change Requirements (85 Fed. Reg. 65142), including consideration of all documents in Docket No. PHMSA–2017–0151.

12.

Pipeline operating status

Section 60143(b) of title 49, United States Code, is amended— (1)by striking paragraph (1) and inserting the following: (1)

In general

Not later than 180 days after the date of enactment of the PIPES Act of 2023, the Secretary shall issue a notice of proposed rulemaking prescribing the applicability of the pipeline safety requirements to idled natural gas or other gas transmission and hazardous liquid pipelines.; and (2)in paragraph (2) by adding at the end the following: (E)

Consideration

In promulgating regulations under this section, the Secretary shall consider the adoption of industry consensus standards..

13.

Rights-of-way management

Section 60108(a) of title 49, United States Code, is amended by adding at the end the following: (4)

Alternative method 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 such alternative method achieves a level of safety at least equal to the level of safety required by regulations issued under this chapter. (B)

Purpose

An operator considering implementing an alternative method described under subparagraph (A) may consider incorporating into the plan for implementing such 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 facilities rights-of-way, including— (I)increasing mowing height; (II)reducing mowing frequency; and (III)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 facilities 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; or (vii)obtaining expert training or assistance on wildlife and pollinator-friendly practices, including— (I)native plant identification; (II)establishment and management of regionally appropriate native plants; (III)land management practices; and (IV)integrated vegetation management. (C)

Savings clause

Nothing in this section exempts an operator from compliance with the applicable requirements under this chapter or any applicable regulations promulgated under this chapter. (D)

Consultation

(i)

Available guidance

In developing such alternative methods, an operator shall consult any available guidance issued by— (I)the Secretary; or (II)an applicable State agency carrying out compliance activities on behalf of the Secretary in accordance with section 60105. (ii)

Leading industry practices

In the absence of the guidance described in clause (i), an operator may consult leading industry practices and guidance to develop and implement such alternative methods..

14.

Study on composite materials for pipelines

(a)

Study on use of composite materials

Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall complete a study assessing the potential and existing use of pipelines constructed with composite materials to safely transport hydrogen and hydrogen blended with natural gas. (b)

Study considerations

In completing the study under subsection (a), the Secretary shall consider— (1)any commercially available composite pipeline materials; (2)any completed or ongoing tests and data regarding composite pipeline materials available to the Secretary or other Federal agencies; and (3)any recommended standards, including consensus standards, and Federal agency authorizations relating to use of composite pipeline materials. (c)

Public participation

To ensure adequate public participation in completing the study under subsection (a), the Secretary shall— (1)hold a public meeting with interested stakeholders, including the affected industries, interest groups, and other individuals with relevant expertise; (2)release a draft version of the study for public comment for a period of not less than 60 days; and (3)address any substantive comments submitted by the public during the public comment period under paragraph (2) in preparing the final study. (d)

Public meeting

Not later than 60 days after the closing of the public comment period under subsection (c)(2), the Secretary shall hold a public meeting to present the findings of the study under this section and any responses to public comments received under such subsection. (e)

Rulemaking

Not later than 18 months after the meeting described in subsection (d), the Secretary shall issue a rulemaking that includes a Notice of Proposed Rulemaking to allow for the use of composite materials for pipeline transportation of hydrogen and hydrogen blended with natural gas.

15.

Competitive Academic Agreement Program

(a)

Federal share

(1)

In general

In carrying out the Competitive Academic Agreement Program pursuant to section 60117(l) of title 49, United States Code, the Secretary of Transportation may allow for a 100-percent Federal share of financial assistance for a project carried out by small and mid-sized institutions. (2)

Written request required

The Secretary may only allow the use of a 100-percent Federal share under paragraph (1) if the applicable institution has provided a written request to the Secretary prior to the award of Federal assistance under such Program. (3)

Small and mid-sized institutions defined

In this subsection, the term small and mid-sized institutions means academic institutions eligible for a grant under the Competitive Academic Agreement Program with a current total enrollment of 17,500 students or less, including graduate and undergraduate as well as full- and part-time students. (b)

Report

Following any award of grants under the Competitive Academic Agreement Program, the Secretary shall provide to Congress a written report detailing— (1)the recipients of such grants; and (2)any grantees that were provided a 100-percent Federal share under this section.

16.

Geohazard mitigation study

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report containing— (1)the results of a study that— (A)evaluates Federal and State, as applicable, requirements for gas, hazardous liquid, and carbon dioxide pipeline facility design, siting, construction, operation and maintenance, and integrity management relating to geohazards, including seismicity, land subsidence, landslides, slope instability, frost heave, soil settlement, erosion, river scour, washouts, floods, unstable soil, water currents, hurricanes, dynamic geologic conditions, tsunamis, tornados, wildfires, floods, ice storms, or other hazards that may cause a pipeline to move or be affected by abnormal external loads; (B)evaluates any industry consensus standards or best practices related to the requirements described in subparagraph (A); (C)evaluates the implementation by operators of Federal and State regulations related to geohazards and application of recommendations included in the Advisory Bulletin of the Pipeline and Hazardous Materials Safety Administration titled Pipeline Safety: Potential for Damage to Pipeline Facilities Caused by Earth Movement and Other Geological Hazards, issued on May 2, 2019 (PHMSA–019–0087); (D)identifies any discrepancies in the requirements described in subparagraph (A) and advisories, industry consensus standards, or best practices for operators of gas, hazardous liquid, and carbon dioxide pipeline facilities; and (E)identifies any areas relating to geohazards not addressed under subparagraphs (A) through (D); and (2)any recommendations of the Government Accountability Office based on the results of the study under paragraph (1). (b)

Report to Congress

Upon completion of the report under subsection (a), the Comptroller General shall submit to the Secretary of Transportation, the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate the report.

17.

Special permit program

(a)

Compliance and waivers

Section 60118(c)(1) of title 49, United States Code, is amended by adding at the end the following: (C)

Limitation on terms

The Secretary shall impose no terms on a waiver under this paragraph that do not apply to known pipeline safety risks applicable to the standard being waived under subparagraph (A). (D)

Publication

Upon completion of the application requirements under section 190.341 of title 49, Code of Federal Regulations, or successor regulations, the Secretary shall publish notice of the application in the Federal Register. (E)

Review of application

The Secretary shall complete a review of each such application not later than 18 months after publishing a notice in the Federal Register described in subparagraph (D) with respect to the application.. (b)

Report to Congress

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure and Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation by the Administrator of the Pipeline and Hazardous Materials Safety Administration of the amendment made by subsection (a). (2)

Contents

The report required under paragraph (1) shall include— (A)a listing of each special permit application applied for under section 60118(c)(1) of title 49, United States Code; (B)a brief summary of the purpose of each such special permit; (C)the date on which each such application was received; (D)the date on which each such application was completed or, in the absence of completion, the status of the application; (E)the date on which the Secretary issued a determination on the application; and (F)the explanation of the Secretary for any decision made outside the review period identified in section 60118(c)(1)(E) of title 49, United States Code, if applicable. (c)

GAO Report

Not later than 1 year after the submission of the report under subsection (b), the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report assessing the Secretary’s implementation of, and compliance with, subparagraphs (C) through (E) of section 60118(c)(1) of title 49, United States Code.

18.

Excavation damage prevention

(a)

Grants to States

Section 6106 of title 49, United States Code, is amended— (1)in subsection (b) by inserting adoption or progress toward adoption of the leading practices listed in subsection (b) and before legislative and regulatory; (2)by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (3)by inserting after subsection (a) the following: (b)

Leading practices

A State one-call program shall implement leading practices that— (1)identify the size and scope of a one-call ticket for standard locate requests, including process exceptions for special large project tickets; (2)restrict the longevity of a one-call ticket for standard locate requests, which may include process exceptions for special large project tickets; (3)examine and limit exemptions to one-call programs to prevent common excavation damage incidents, including— (A)excavation or demolition performed by the owner of a single-family residential property; (B)any excavation of 18 inches or less when maintenance activities are performed; (C)repairing, connecting, adjusting, or conducting routine maintenance of a private or public underground utility facility; and (D)municipalities, public works organizations, and State departments of transportation for road maintenance; (4)specify tolerance zone horizontal dimensions and requirements for hand-dig, hydro, vacuum excavation, and other nonintrusive methods; (5)specify emergency excavation notification requirements, including defining emergency excavation and identifying the notification requirements for an emergency excavation; (6)specify the responsibilities of the excavator, including the reporting of damages due to excavation activities; (7)define who is an excavator and what is considered excavation; (8)require the use of white lining or electronic white lining, allowing for exceptions for special large-project tickets; (9)require a positive response, such as the utility, municipality, or other entity placing the marks positively responds to the notification center and the excavator checks for a positive response before beginning excavation; (10)require newly installed underground facilities to be locatable; (11)require the marking of lines and laterals, including sewer lines and laterals; (12)require training programs and requirements for third-party excavators performing excavation activities that are not subject to pipeline construction requirements under part 192 or part 195 of title 49, Code of Federal Regulations; (13)require training for locate professionals; and (14)require the use of commercially available technologies to locate underground facilities, such as geographic information systems and enhanced positive response. (c)

Report to Congress

(1)

Initial report

Not later than 3 years after the implementation of subsection (b), the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing— (A)the implementation of the leading practices described in such subsection; (B)recommendations to increase the adoption of such leading practices and recommendations for the reduction of excavation damage incidents; and (C)the number of underground facility damages per 1,000 one-call tickets in each State for the reporting year. (2)

Additional reports

Not later than once every 2 years after the submittal of the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing— (A)the implementation of the leading practices described in subsection (b); (B)recommendations to increase the adoption of such leading practices and recommendations for the reduction of excavation damage incidents; and (C)the number of underground facility damages per 1,000 one-call tickets in each state for each year covered by the report.; and (4)by adding at the end the following: (f)

Savings Clause

Nothing in this section shall make a grant award to a State by the Secretary pursuant to section 60107 or section 60134 for a State program certified under section 60105 or section 60106 contingent on compliance by the State with all leading practices described in subsection (b).. (b)

State damage prevention programs

Section 60134(c) of title 49, United States Code, is amended— (1)by striking In making grants and inserting the following: (1)

In general

In making grants; and (2)by adding at the end the following: (2)

Considerations

In evaluating criteria for determining the effectiveness of the damage prevention program of a State, the Secretary shall consider whether the State has, at a minimum— (A)effective, active, and consistent enforcement of State one-call laws (including consistency in the application of enforcement resources, fines, and penalties to all relevant stakeholders, such as operators, locators, and excavators); (B)data reporting requirements such as those— (i)to the local one-call center for excavation damage events on pipelines and other underground facilities, that are not privately owned, including (if available at the time of reporting)— (I)information about the nature of the incident, including the facility damaged and the apparent cause of such damage (with supporting documentation); (II)the organizations or entities involved; (III)the impact to public safety, utility operations, and customer service; and (IV)the impact to the environment; and (ii)to a nationally focused nonprofit organization specifically established for the purpose of reducing construction-related damages to underground facilities, of damages and near-miss events to underground facilities from excavation damages, including potential contributing factors, facility damaged, type of excavator, work performed, equipment type, and State; (C)data reporting requirements, to a nonprofit organization specifically established for the purpose of reducing construction-related damage to underground facilities, of damage and near-miss events to underground facilities from excavation damage, including root cause, facility damaged, type of excavator, work performed, equipment type, and State; and (D)performance measures to determine the effectiveness of excavation damage prevention efforts..

19.

Integrity management study

(a)

In general

Not later than 45 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an agreement with the National Academies under which the National Academies shall conduct a study of the effectiveness of integrity management regulations applicable to natural gas and hazardous liquid pipeline facilities. (b)

Data sources

In carrying out the study under subsection (a), the National Academies shall— (1)use publicly available data from the Pipeline and Hazardous Materials Safety Administration, State pipeline regulatory agencies, and other public sources; and (2)consult with pipeline stakeholders in the development of findings under the study, including State and Federal regulators, pipeline operators, public safety organizations, and environmental organizations. (c)

Elements

The study described under subsection (a) shall include— (1)a review of previous assessments of integrity management program implementation produced by or for the Secretary or the National Transportation Safety Board; (2)a review of the implementation and enforcement by the Secretary of integrity management regulations and any modifications of the regulations issued by the Secretary pursuant to section 60109 of title 49, United States Code; (3)a trend analysis and assessment of pipeline safety incidents, accidents, and repairs for high consequence and non-high consequence areas, including comparing— (A)the frequency of such incidents, accidents, and repairs before and after the implementation of the Federal integrity management requirements described in subsection (a); and (B)the frequency of such incidents, accidents, and repairs during the period of time such integrity management requirements have been in effect; (4)development of metrics to gauge the effectiveness of the implementation and enforcement of such integrity management regulations; (5)an assessment of how integrity management informs operator activities, including planning and completion of repairs, and whether the implementation of integrity management regulations by operators of pipeline facilities has had a demonstrable effect on improving gas and hazardous liquid pipeline safety; and (6)identification of areas where pipeline safety has improved and where it has not improved due to integrity management. (d)

Report to Congress

The Secretary shall— (1)require the National Academies to submit to the Secretary a report on the results of the study under subsection (a); and (2)not later than 2 years after the date of enactment of this Act, submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate such report.

20.

Hydrogen study

(a)

In general

The Comptroller General of the United States shall conduct a study on existing natural gas pipeline systems that, as a result of hydrogen-natural gas blending, contain a percentage of hydrogen that is greater than 5 percent by volume to identify the changes that operators have implemented, including— (1)modifications or alternatives to— (A)odorants and leak-detection methods; (B)pipeline materials; and (C)operational standards; and (2)modifications to pipeline infrastructure. (b)

Additional contents

The study under subsection (a) shall include— (1)an identification of any technical challenges with repurposing existing natural gas infrastructure to allow such infrastructure to be used for hydrogen-natural gas blended service; and (2)an examination of hydrogen-natural gas blended pipeline systems currently operating, including in the United States, the United Kingdom, Canada, Europe, Australia, and Hong Kong. (c)

Considerations

In conducting the study under subsection (a), the Comptroller General shall consider— (1)any changes that domestic and international operators of natural gas pipeline systems have implemented to the processes, pipeline materials, metering, and operational standards used by such operators to account for the operation and integrity of natural gas pipeline systems that use a hydrogen content at variable percentages above 5 percent by volume; and (2)how such operators have taken into account the effects of hydrogen-natural gas blending on different types of— (A)natural gas pipeline systems materials, including cast iron, steel, composite pipe, and plastic pipe; and (B)components of such systems, including valves and meters. (d)

Report

Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a). (e)

Rulemaking

The results of the study under subsection (a) should inform the rulemaking efforts of the Secretary relating to hydrogen-natural gas blending. The Secretary may determine that rulemaking efforts related to hydrogen should be advanced before completion of the study under subsection (a). (f)

Statutory construction

Nothing in this section shall be construed to prohibit or otherwise limit the authority of the Secretary to issue regulations relating to hydrogen prior to the submission of the report under subsection (d).

21.

Penalty for causing a defect in or disrupting operation of pipeline infrastructure

Section 60123 of title 49, United States Code, is amended by adding at the end the following: (e)

Penalty for causing a defect in or disrupting operation of pipeline infrastructure

(1)

In general

A person shall be fined under title 18, imprisoned for not more than 10 years, or both, if the person knowingly and willfully— (A)causes a defect in a pipe, pump, compressor, or valve in the possession of a pipeline operator to be used in construction of any pipeline facility described in subsection (b) that would affect the integrity or safe operation of any such facility; or (B)disrupts the operation of any pipeline facility described in subsection (b) by causing or undertaking the unauthorized or unplanned turning or manipulation of a valve. (2)

Definition

In this subsection, the term in the possession of a pipeline operator means, with respect to a pipe, pump, compressor, or valve, that such pipe, pump, compressor, or valve is— (A)in transit to a pipeline component staging site or construction site; (B)at a pipeline component staging site; or (C)at a construction site..

22.

Civil penalties

Section 60122(a)(1) of title 49, United States Code, is amended by striking $2,000,000 and inserting $2,500,000.

23.

Liquefied natural gas regulatory coordination

(a)

Establishment and purpose

The Secretary of Transportation shall establish and convene a Liquefied Natural Gas Regulatory Safety Working Group (in this section referred to as the Working Group) through the National Center of Excellence for Liquefied Natural Gas Safety to clarify the authority of Federal agencies in the authorizing and oversight of LNG facilities, other than peak shaving facilities, and improve coordination of the authority of such agencies. (b)

Membership

(1)

In general

The Working Group shall consist of certain representatives of the Federal government, as such term is defined in clauses (i) through (v) of section 111(a)(3)(F) of the PIPES Act of 2020 (Public Law 116–260), as designated by the Secretary of Transportation or appropriate Federal agency leadership. (2)

Chair

The Administrator of the Pipeline and Hazardous Materials Safety Administration or a designee of the Administrator shall serve as chair of the Working Group, unless an alternate member of the working group is selected by unanimous consent of the Working Group. (3)

Responsibilities of chair

The Chair of the Working Group shall establish an agenda and schedule for the Working Group to accomplish the objectives described in subsection (c). (c)

Evaluation

(1)

In general

The Working Group shall evaluate individual Federal agency authorities pertaining to the siting and design, construction, operation and maintenance, and operational and process safety regulations of LNG facilities. (2)

Negotiation

The Working Group shall negotiate Federal agency agreements pursuant to subsection (d) to establish procedures for— (A)the application of the respective authorities of each Federal agency in ensuring safety in a manner to ensure effective regulation of LNG facilities in the public interest; (B)resolving conflicts concerning overlapping jurisdiction among the Federal agencies; and (C)avoiding, to the extent possible and if appropriate, conflicting or duplicative regulation, inspection protocols, and reporting obligations. (d)

Memorandum of understanding and interagency agreements

Not later than 2 years after the date of enactment of this Act, the agencies represented on the Working Group shall enter into interagency agreements or memorandums of understanding regarding best practices and individual agency safety oversight enforcement responsibilities regarding LNG facilities, other than peak shaving facilities. (e)

Report to Congress

Not later than 1 year after entering into interagency agency agreements or memorandum of understanding under subsection (d), the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the memorandum of understanding or interagency agreements and how such memorandum or agreements have contributed to improved safety and enforcement oversight coordination of LNG facilities. (f)

LNG defined

In this section, the term LNG means liquefied natural gas.

24.

Pipeline safety voluntary information-sharing system

(a)

In general

Chapter 601 of title 49, United States Code, is amended by adding at the end the following:

60144.

Voluntary information-sharing system

(a)

Establishment

(1)

In general

The Secretary shall establish a confidential voluntary information-sharing system (referred to in this section as VIS) to encourage the sharing of pipeline safety data and information in a non-punitive context in order to improve the safety of gas, carbon dioxide, and hazardous liquid gathering, transmission, and distribution pipelines and facilities, including storage facilities. (2)

Purpose

The purpose of the VIS is to establish a comprehensive, systematic, and integrated structure 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 effort to improve pipeline safety, including damage prevention efforts, while protecting participant confidentiality. (3)

Implementation and management

In establishing the VIS under this section, the Secretary shall implement and manage such VIS based on the Pipeline Safety Voluntary Information-Sharing System Recommendation Report prepared pursuant to section 10 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (49 U.S.C. 60108 note). (4)

Inapplicability of FACA

The VIS shall not be considered a Federal advisory committee and shall not be subject to the requirements of chapter 10 of title 5. (b)

Governance

(1)

In general

A Governing Board, a Program Manager, a Third-Party Information Manager, and Issue Analysis Teams shall govern the VIS. (2)

Governing board

(A)

In general

Not later than 180 days after the date of enactment of this section, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall appoint a Governing Board after consulting with public and private pipeline safety stakeholders. (B)

Composition of the board

The Governing Board shall be comprised of at least 9 members and shall represent a balanced cross-section of pipeline safety stakeholders with pipeline safety knowledge or experience as follows: (i)At least 3 individuals shall be selected from departments, agencies, instrumentalities of the Federal Government, Territories, State governments, or local governments, 1 of which shall be the Administrator. (ii)At least 3 individuals shall be selected from the gas, carbon dioxide, or hazardous liquid industries, such as operators, trade associations, inspection technology, coating, and cathodic protection vendors, and pipeline inspection organizations. (iii)At least 3 individuals shall be selected from public safety advocate organizations, such as pipeline safety and environmental advocacy groups, public safety-focused research institutions, or labor and worker safety representatives. (C)

Board terms

(i)

In general

Each member of the Governing Board shall be appointed for a term of 3 years, with the terms of 3 of the members expiring each year. (ii)

Term expiration

The term of at least 1 member of each of the 3 stakeholder groups established in subparagraph (B) shall expire each year. (iii)

Initial appointment

In the initial appointment of members, terms of 1, 2, and 3 years shall be established to allow the terms of 3 members to expire thereafter each year. (iv)

Reappointment

Each member may be reappointed for consecutive 3-year terms. (D)

Co-chairs

(i)

In general

The Governing Board shall be co-chaired by— (I)the Administrator; (II)a representative of the stakeholder group described in subparagraph (B)(ii), who shall be appointed with advice and consent of the Governing Board; and (III)a representative of the stakeholder group described in subparagraph (B)(iii), who shall be appointed with advice and consent of the Governing Board. (ii)

Responsibilities

The co-chairs of the Governing Board shall be jointly responsible for organizing and conducting meetings of the Governing Board. (E)

Authority

The Governing Board shall make decisions by a super-majority of two-thirds plus 1 of the Governing Board members and shall have the authority to— (i)govern and provide strategic oversight to the VIS; (ii)develop governance documents, including a Governing Board charter that is made available to the public, and that describes the scope of the authority and objectives of the Board; (iii)select a Third-Party Data Manager described in paragraph (4) with expertise in data protection, aggregation, and analytics and geographic information systems; (iv)approve the criteria and procedures governing how the Third-Party Data Manager described in paragraph (4) will receive and accept pipeline safety data and information and who will have the authority to view VIS data; (v)establish and appoint members to Issue Analysis Teams described in paragraph (5) that consist of technical and subject matter experts; (vi)collaborate with Issue Analysis Teams described in paragraph (5) to identify the issues and topics to be analyzed; (vii)collaborate with Issue Analysis Teams described in paragraph (5) to specify the type of de-identified pipeline safety data and information that Issue Analysis Teams need in order to analyze the issues identified under clause (vi) and topics; (viii)determine the information to be disseminated; (ix)determine the reports to be disseminated; (x)at least once per year, issue a report to the public on VIS processes, membership of the Governing Board, issues or topics being investigated and analyzed, pipeline safety data and information that the VIS has requested for submission to the VIS, and safety trends identified; and (xi)perform other functions as the Governing Board decides are necessary or appropriate consistent with the purpose of the VIS. (3)

Program manager

The Administrator shall provide the day-to-day program management and administrative support for the VIS, including oversight of the Third-Party Data Manager described in paragraph (4). (4)

Third-party data manager

(A)

In general

A Third-Party Data Manager shall provide data management and data oversight services for the VIS. (B)

Responsibilities

In fulfilling the responsibilities described in subparagraph (A), the Third-Party Data Manager shall— (i)accept pipeline safety data and information submitted to the VIS that meets the criteria and procedures established by the Governing Board under paragraph (2)(E)(iv); (ii)de-identify, securely store, and manage pipeline safety data and information that is accepted by the VIS; (iii)collaborate with Issue Analysis Teams described in paragraph (5) to aggregate and analyze de-identified pipeline safety data and information that is accepted by the VIS; (iv)prepare reports as requested by the Governing Board regarding the type of pipeline safety data and information that is managed by the VIS; and (v)make recommendations regarding the management of pipeline safety data and information, as appropriate. (5)

Issue analysis teams

Issue Analysis Teams of the VIS shall— (A)work with the Third-Party Data Manager described in paragraph (4) to aggregate and analyze de-identified pipeline safety data and information accepted by the VIS; (B)collaborate with the Governing Board to identify issues and topics for analysis and submit internal reports and recommendations to the Governing Board; and (C)prepare reports as requested by the Governing Board regarding issues and topics identified for additional research by the Governing Board. (6)

Participation

(A)

In general

The submission of pipeline safety data and information to the VIS by any person shall be voluntary, with no person compelled to participate in or submit data or information for inclusion in the VIS. (B)

Acceptance of information

The VIS shall implement policies to ensure that all operator data or information submitted has been authorized by the operator for submission. (C)

Sharing of information

The Governing Board shall encourage the voluntary sharing of pipeline safety data and information among operators of gas, carbon dioxide, and hazardous liquid gathering, transmission, and distribution pipelines and facilities, employees, labor unions, contractors, in-line inspection service providers, non-destructive evaluation experts, the Pipeline and Hazardous Materials Safety Administration, representatives of State pipeline safety agencies, local and Tribal governments, pipeline safety advocacy groups, manufacturers, research and academic institutions, and other pipeline stakeholders. (c)

Information sharing

(1)

Inclusions

Pipeline safety data and information accepted by the VIS may include— (A)pipeline integrity risk analysis information; (B)lessons learned from accidents and near misses; (C)process improvements; (D)technology deployment practices; (E)information obtained through VIS pipeline safety surveys of pipeline operator employees, as long as such surveys are voluntarily agreed to by the pipeline operator; and (F)pipeline safety data and information which may lead to the identification of pipeline safety risks. (d)

Confidentiality

(1)

In general

(A)

Confidentiality

To facilitate the sharing of otherwise non-public pipeline safety data and information (hereinafter known as non-public information) in the VIS, non-public information accepted by the VIS and which may be analyzed, stored, or managed by the VIS shall be kept confidential by the VIS. (B)

Rule of construction

Subparagraph (A) shall not be construed to apply to public information that may be submitted to the VIS or to non-public information that is required to be submitted to any Federal, State, local, or Tribal agency under any other provision of law. (2)

Disclosure of de-identified, non-public information

(A)

In general

Notwithstanding subsections (e) and (f), the Governing Board may approve the disclosure of de-identified, non-public information by the VIS or by the Administrator of the Pipeline and Hazardous Materials Safety Administration based on analysis of the de-identified information and any safety findings or recommendations that the Governing Board in the sole discretion of the Board determines to publish or authorizes the Administrator to publish to improve pipeline safety. (B)

Public reports

In issuing public reports under subsection (b)(2)(E)(x), the Governing Board shall approve the disclosure of de-identified, non-public information by the VIS that the Governing Board determines is necessary to adequately describe and illustrate the issues and topics being investigated and analyzed by the VIS. (3)

Limitation

Except as provided in paragraph (2), no person, including any VIS Governing Board member, the Program Manager, the Third-Party Data Manager described in subsection (b)(4), an Issue Analysis Team member described in subsection (b)(5), or any Federal, State, local, or Tribal agency, having or obtaining access to non-public information by virtue of the acceptance of such information to the VIS, shall release or communicate VIS held non-public information, in either an identified or de-identified form, to any person that does not have the authority to view VIS data. (e)

Applicability of FOIA

Any non-public information that is accepted by the VIS and which may be analyzed, stored, or managed by the VIS and subsequently obtained by the Secretary or the Administrator by virtue of the acceptance of such information to the VIS shall be exempt from the requirements of section 552 of title 5 and specifically exempt from release under subsection (b)(3) of such section. (f)

Exclusions

(1)

Excluded evidence

Except as provided in paragraph (3), non-public information accepted by the VIS and which may be analyzed, stored, or managed by the VIS shall not be obtained from the VIS— (A)for use as evidence for any purpose in any Federal, State, local, Tribal, or private litigation, including any action or proceeding; or (B)to initiate any enforcement action or civil litigation against a pipeline operator or employees or contractors of such operator relating to a probable violation under this chapter (including any regulation promulgated or order issued under this chapter). (2)

Exclusion from discovery

Except as provided in paragraph (3), non-public information accepted by the VIS and which may be analyzed, stored, or managed 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 non-public information accepted by the VIS that is— (A)evidence of a criminal violation; (B)not related to the established purpose of the VIS described in subsection (a)(2); (C)otherwise required to be reported to the Secretary under part 191 (including information about an incident or accident), part 192, part 194, part 195, or part 199 of title 49, Code of Federal Regulations (or successor regulations), or required to be reported under the requirements of a State authority; or (D)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. (4)

Additional limitations on exclusions

The exclusions described in paragraphs (1) and (2) shall not apply to non-public information that is submitted to but not accepted by the VIS. (g)

Effect on State law

Nothing in this section shall be construed to affect Federal, State, or local pipeline safety law. (h)

No effect on discovery

(1)

Rule of construction

Nothing in this section or any rule, regulation, or amendment issued pursuant to this section shall be construed to create a defense to a discovery request or otherwise limit or affect the discovery of pipeline safety data and information arising from a cause of action authorized under any Federal, State, or local law. (2)

Exception

Paragraph (1) shall not apply to exclusions from discovery from the VIS as described in subsection (f)(2). (i)

Expenses

(1)

In general

Members of the VIS Governing Board and Issue Analysis Teams may be paid expenses under section 5703 of title 5. (2)

Rule of construction

A payment under this subsection shall not be construed to make a member of the VIS Governing Board an officer or employee of the Federal Government. (3)

Federal employees

Paragraph (1) shall not apply to members of the VIS Governing Board that are employees of the Federal Government. (j)

Report on VIS

Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available, a report that includes— (1)a detailed accounting of the allocation and uses of expenditures authorized under this section; (2)an estimate of the annual cost to maintain the VIS program, including an assessment and projection of costs associated with the Third-Party Data Manager, data sourcing and storage, data governance, data architecture, data consumption, and the VIS operations and administration by the Pipeline and Hazardous Materials Safety Administration; (3)the methodology for determining the estimate under paragraph (2); (4)the number of expected participants in the VIS program; (5)the number of Pipeline and Hazardous Materials Safety Administration positions needed to maintain the VIS program; (6)the projected timeline for the implementation of the VIS program to meet the purposes under subsection (a)(2); and (7)recommendations to ensure sufficient funding for the ongoing activities of the VIS program, including a reasonable fee assessed on authorized participants in the VIS program. (k)

Authorization of appropriations

There are authorized to be appropriated for the establishment of a voluntary information-sharing program under this section— (1)$1,000,000 for fiscal year 2024; (2)$10,000,000 for fiscal year 2025; (3)$10,000,000 for fiscal year 2026; and (4)$10,000,000 for fiscal year 2027.

. (b)

Clerical amendment

The analysis for chapter 601 of title 49, United States Code, is amended by adding at the end the following: 60144.Voluntary information-sharing system..

25.

Carbon dioxide pipelines

(a)

Purpose and general authority

Section 60102 of title 49, United States Code, is amended— (1)in subsection (b)— (A)in subparagraph (1)(B)(i) by inserting or carbon dioxide after hazardous liquids; and (B)in paragraph (2)(A)— (i)by redesignating clause (ii) and (iii) as clause (iii) and (iv), respectively; and (ii)by inserting after clause (i) the following: (ii)carbon dioxide pipeline safety information; ; (2)in subsection (c) by inserting or carbon dioxide pipeline facility after hazardous liquid pipeline facility; (3)in subsection (d)(2)— (A)in subparagraph (A) by striking and at the end; (B)in subparagraph (B) by striking the semicolon and inserting ; and; and (C)by adding at the end the following: (C)major carbon dioxide pipeline facilities of the operator;; (4)in subsection (e) by striking transportation of gas or hazardous liquid and inserting transportation of gas, hazardous liquid, or carbon dioxide; (5)in subsection (f)(1) by striking natural gas transmission pipeline or hazardous liquid pipeline facilities and inserting natural gas transmission pipeline, hazardous liquid pipeline facilities, or carbon dioxide pipeline facilities each place it appears; (6)in subsection (i)— (A)in paragraph (1) by striking regulate carbon dioxide and all that follows through by such a facility and inserting prescribe standards related to pipeline facilities to ensure the safe transportation of carbon dioxide in a liquid or supercritical state by such facilities; (B)by striking paragraph (2)(B) and inserting the following: (B)

Inclusion of applicable standards

The Secretary shall establish the minimum safety standards in part 195 of title 49, Code of Federal Regulations, as applicable.; (C)in paragraph (3) by inserting prescribe the location of a carbon dioxide storage facility or to before regulate piping; (D)by redesignating paragraph (3) as paragraph (4); (E)by inserting after paragraph (2) the following: (3)

Storage of carbon dioxide

(A)

Minimum safety standards

The Secretary shall prescribe minimum safety standards for the injection, withdrawal, and storage of carbon dioxide incidental to pipeline transportation. (B)

Storage of carbon dioxide incidental to pipeline transportation

In this paragraph, the term storage of carbon dioxide incidental to pipeline transportation— (i)means the temporary receipt and storage of carbon dioxide transported by pipeline for continued transport; but (ii)does not include— (I)with respect to each State, the long-term containment of carbon dioxide in subsurface geologic formations or other activity subject to the requirements of a State underground injection control program prescribed by the Administrator of the Environmental Protection Agency and applicable to the State, or adopted by the State and approved by the Administrator, under part C of the Safe Drinking Water Act (42 U.S.C. 300h et seq.); or (II)the temporary storage of carbon dioxide in any excepted pipelines listed in paragraph (b) of section 195.1 of title 49, Code of Federal Regulations, as of the date of enactment of the PIPES Act of 2023.; and (F)by adding at the end the following: (5)

Dispersion Modeling

(A)

Safety standards

The Secretary shall prescribe minimum safety standards to require each operator of a carbon dioxide pipeline facility to employ vapor dispersion modeling to identify high consequence areas, as defined at section 195.450 of title 49, Code of Federal Regulations, and paragraph (7)(I)(A) of Appendix C to part 195 of such title, that could be affected by a release from such a pipeline. (B)

Considerations

In performing the vapor dispersion modeling under subparagraph (A), operators of a carbon dioxide pipeline facility shall consider— (i)the topography surrounding the pipeline; (ii)atmospheric conditions that could affect vapor dispersion; (iii)pipeline operating characteristics; and (iv)additional substances present in the pipeline that could affect vapor dispersion. (C)

Maintenance of files

The Secretary shall require each operator of a carbon dioxide pipeline facility to maintain records documenting the areas that could affect high consequence areas, as determined using the vapor dispersion modeling required pursuant to subparagraph (A), in the manual of written procedures for operating, maintaining, and handling emergencies for such pipeline. (D)

Protection of sensitive information

In responding to a public request for information regarding carbon dioxide dispersion modeling, the Secretary may, taking into account public safety, security, and the need for public access, exclude from disclosure (as the Secretary determines appropriate)— (i)security sensitive information related to strategies for responding to worst-case carbon dioxide release scenarios; (ii)security sensitive information related to carbon dioxide release plumes; and (iii)security sensitive information related to plans for responding to a carbon dioxide release. (E)

Statutory construction

Nothing in this section may be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.. (b)

Regulations required

Not later than 1 year after the date of publishing a notice of proposed rulemaking titled Pipeline Safety: Safety of Carbon Dioxide and Hazardous Liquid Pipelines (or any other notice of proposed rulemaking covering substantially similar regulatory requirements), the Secretary shall issue a final rule based on such proposed rulemaking. The final rule shall include updates to such regulations as are necessary to implement section 60102(i) of title 49, United States Code, as amended by subsection (a), and other carbon dioxide safety issues identified by the Secretary. (c)

State pipeline safety program certifications

Section 60105(b)(9)(A) of title 49, United States Code, is amended by striking natural gas and hazardous liquid and inserting natural gas, hazardous liquid, and carbon dioxide. (d)

State pipeline safety grants

Section 60107(a)(2) of title 49, United States Code, is amended by inserting or interstate carbon dioxide after interstate hazardous liquid. (e)

Inspection and maintenance

Section 60108 of title 49, United States Code, is amended— (1)in subsection (a)(1) by striking gas pipeline facility or hazardous liquid pipeline facility and inserting gas pipeline facility, hazardous liquid pipeline facility, or carbon dioxide pipeline facility; and (2)in subsection (e)(1) by striking gas or hazardous liquid pipeline facility and inserting gas pipeline facility, hazardous liquid pipeline facility, or carbon dioxide pipeline facility. (f)

High-density population areas and environmentally sensitive areas

Section 60109 of title 49, United States Code, is amended— (1)in subsection (a)(1)(B)— (A)by inserting or carbon dioxide after by operators of hazardous liquid; (B)by inserting and carbon dioxide after each hazardous liquid each place it appears; and (C)in clause (ii) by inserting or carbon dioxide after there is a hazardous liquid; and (2)in subsection (b) by inserting or carbon dioxide after there is a hazardous liquid; and (3)in subsection (g)— (A)in the heading by inserting and carbon dioxide after Liquid; and (B)in paragraph (2) by inserting or carbon dioxide after underwater hazardous liquid. (g)

Technical safety standards committees

Section 60115 of title 49, United States Code, is amended— (1)in subsection (b)(2)— (A)by striking transporting hazardous liquid or operating a hazardous liquid pipeline facility and inserting transporting hazardous liquid, transporting carbon dioxide, operating a hazardous liquid pipeline facility, or operating a carbon dioxide pipeline facility each place it appears; and (B)by striking transporting hazardous liquid and of hazardous liquid pipeline facilities and inserting transporting hazardous liquid or transporting carbon dioxide and of hazardous liquid pipeline facilities or carbon dioxide pipeline facilities; (2)in subsection (b)(3)(B) by striking the natural gas or hazardous liquid industry and inserting the natural gas industry, the hazardous liquid industry, or the carbon dioxide industry; (3)in subsection (b)(4)(B) by striking natural gas pipelines or hazardous liquid pipeline facilities and inserting natural gas pipelines, hazardous liquid pipeline facilities, or carbon dioxide pipeline facilities; (4)in subsection (c)(1)(B) by striking transporting hazardous liquid and for hazardous liquid pipeline facilities and inserting transporting carbon dioxide, hazardous liquid pipeline facilities and carbon dioxide facilities; and (5)in subsection (d)(1) by striking transporting hazardous liquid and for hazardous liquid pipeline facilities and inserting transporting hazardous liquid, transporting carbon dioxide, hazardous liquid pipeline facilities, and carbon dioxide pipeline facilities. (h)

Public education programs

Section 60116 of title 49, United States Code, is amended by striking gas or hazardous liquid pipeline facility and inserting gas pipeline facility, hazardous liquid pipeline facility, or carbon dioxide pipeline facility each place that it appears. (i)

Administrative provisions

Section 60117 of title 49, United States Code, is amended— (1)in subsection (o)(1)— (A)in subparagraph (A) by striking liquid pipeline facility or liquefied natural gas pipeline facility and inserting liquid pipeline facility, a liquefied natural gas pipeline facility, or a carbon dioxide pipeline facility; and (B)in subparagraph (B)(i)(II) by inserting or carbon dioxide pipeline facility after hazardous liquid pipeline facility; and (2)in subsection (p)— (A)in paragraph (1) by striking gas or hazardous liquid pipeline facilities and inserting gas pipeline facilities, hazardous liquid pipeline facilities, or carbon dioxide pipeline facilities; and (B)in paragraph (8) by striking gas or hazardous liquid pipeline facility and inserting gas pipeline facility, hazardous liquid pipeline facility, or carbon dioxide pipeline facility. (j)

Criminal penalties

Section 60123(b) of title 49, United States Code, is amended by striking an interstate hazardous liquid pipeline facility, or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility and inserting an interstate hazardous liquid pipeline facility, an interstate carbon dioxide pipeline facility, or either an intrastate gas pipeline facility, an intrastate hazardous liquid pipeline facility, or an intrastate carbon dioxide facility. (k)

Emergency response grants

Section 60125(b)(1) of title 49, United States Code, is amended by striking gas or hazardous liquid pipelines and inserting gas pipelines, hazardous liquid pipelines, or carbon dioxide pipelines. (l)

Dumping within pipeline rights-of-way

Section 60128(a) of title 49, United States Code, is amended by striking interstate gas pipeline facility or interstate hazardous liquid pipeline facility and inserting interstate gas pipeline facility, interstate hazardous liquid pipeline facility, or interstate carbon dioxide pipeline facility. (m)

Verification of pipeline qualification programs

Section 60131(g) of title 49, United States Code, is amended— (1)in paragraph (1) by striking and at the end; (2)in paragraph (2) by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (3)with respect to a carbon dioxide pipeline facility, activities equivalent to the activities described with respect to a hazardous liquid pipeline facility under section 195.501 of such title. . (n)

Enforcement transparency

Section 60135(a)(1) of title 49, United States Code, is amended by striking gas and hazardous liquid pipeline and inserting gas, hazardous liquid, and carbon dioxide pipeline. (o)

Pipeline control room management

Section 60137 and title 49, United States Code, is amended— (1)in subsection (a) by striking gas or hazardous liquid pipeline and inserting gas, hazardous liquid, or carbon dioxide pipeline; (2)in subsection (d) by striking gas or hazardous liquid pipeline and inserting gas, hazardous liquid, or carbon dioxide pipeline; and (3)in subsection (e) by striking gas or hazardous liquid pipeline and inserting gas, hazardous liquid, or carbon dioxide pipeline. (p)

Pipeline safety enhancement programs

Section 60142 of title 49, United States Code, is amended— (1)in subsection (a)— (A)in paragraph (1) by striking or at the end; (B)by redesignating paragraph (2) as paragraph (3); and (C)by inserting after paragraph (1) the following: (2)a carbon dioxide pipeline facility; or; (2)in subsection (k)(2)(A) by striking interstate gas or hazardous liquid pipeline facilities and inserting interstate gas pipeline facilities, interstate hazardous liquid pipeline facilities, or interstate carbon dioxide pipeline facilities; and (3)in subsection (l)(1) by striking interstate gas or hazardous liquid pipeline facilities and inserting interstate gas pipeline facilities, interstate hazardous liquid pipeline facilities, or interstate carbon dioxide pipeline facilities. (q)

Idled pipelines

Section 60143 of title 49, United States Code, is amended— (1)in subsection (a)(2) by inserting carbon dioxide, after hazardous liquid,; and (2)in subsection (b) by striking gas transmission and hazardous liquid pipelines and inserting gas transmission, hazardous liquid, and carbon dioxide pipelines each place it appears. (r)

User fees

Section 60301 of title 49, United States Code, is amended— (1)in subsection (a) by striking natural gas and hazardous liquids and inserting natural gas, hazardous liquids, and carbon dioxide; (2)in subsection (b) by striking gas pipeline facility, or a hazardous liquid pipeline facility and inserting gas pipeline facility, a hazardous liquid pipeline facility, or a carbon dioxide pipeline facility; and (3)in subsection (d)(1)— (A)in subparagraph (A) by striking and at the end; and (B)by adding at the end the following: (C)related to a carbon dioxide pipeline facility may be used only for an activity related to carbon dioxide under chapter 601 of this title; and.

26.

Opportunity for formal hearing

(a)

Enforcement procedures

Section 60117(b)(1) of title 49, United States Code, is amended— (1)in subparagraph (I) by striking and at the end; (2)in subparagraph (J) by striking the period and inserting ; and; and (3)by adding at the end the following: (K)allow the respondent an opportunity for a hearing on the record conducted by an administrative law judge, in accordance with section 554 of title 5, for a notice of probable violation enforcement matter— (i)with a proposed civil penalty of at least $125,000; or (ii)where the respondent can reasonably show the cost of the proposed compliance action will exceed $125,000.. (b)

Protocols for public hearings

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall publish protocols for hearings open to the public pursuant to section 60117(b)(2) of title 49, United States Code, that ensure an orderly process and protection of confidential information. (c)

Report on use of formal hearing process

Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing— (1)the number of hearings held pursuant to subparagraph (K) of section 60117(b)(1) of title 49, United States Code; (2)the status of each such hearing; (3)an analysis comparing the informal hearing process and the formal hearing process that describes— (A)the length of time to resolve an enforcement action under section 60117 of title 49, United States Code; (B)the cost of the enforcement action process to— (i)the respondent; and (ii)the Pipeline and Hazardous Materials Safety Administration; and (C)the number of cases that reach settlement and the outcome of such cases; (4)any additional resources that are needed by the Secretary in response to implementing this provision for each fiscal year to carry out the amendment made by subsection (a); and (5)any safety improvements identified as a result of the implementation of subparagraph (K) of section 60117(b)(1) of title 49, United States Code.

27.

State pipeline safety grants reporting

Section 60107(b) of title 49, United States Code, is amended— (1)by striking After notifying and inserting (1) Withholding of payment.—After notifying; and (2)by adding at the end the following: (2)

Budget estimate

The budget estimates of the Secretary for each fiscal year shall include— (A)a summary of amounts claimed, amounts reimbursed, and the percentages reimbursed in the preceding 3 fiscal years for the program under this section; and (B)the estimated funding necessary to fund 80 percent of the cost of the personnel, equipment, and activities under this section for the subsequent calendar year..

28.

Inspection of in-service breakout tanks

(a)

Inspection of in-service breakout tanks

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall review and, if determined that such action will achieve an equivalent level of safety, shall amend the safety standards in part 195 of title 49, Code of Federal Regulations, relating to the internal inspection of the bottoms of in-service breakout tanks to allow for risk-based inspections. (b)

Consideration

If the Secretary amends the safety standards described in subsection (a), the Secretary shall consider the 5th edition of standard 653 published by the American Petroleum Institute issued November 2014 titled Tank Inspection, Repair, Alteration, and Reconstruction. (c)

Scope

If the Secretary amends the safety standards described in subsection (a), the Secretary shall ensure that such risk-based inspection standards achieve a level of safety that is equivalent to the level of safety required under such part 195, as in effect on the date of enactment of this Act.

29.

Disclosure of safety information assessment

(a)

Assessment

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall conduct an assessment on how gas pipeline facility, hazardous liquid pipeline facility, and carbon dioxide pipeline facility owners and operators engage with, and provide safety information to, the public and State or local emergency response organizations. (b)

Safety Information

In conducting the assessment required under subsection (a), the Secretary shall consider— (1)pipeline safety materials that the owners and operators of pipelines described in subsection (a) voluntarily provide to the public; (2)methods of interaction between pipeline facility owners and operators and the public and State and local emergency response entities; (3)Federal, State, and local government regulations governing information that pipeline facility owners and operators are required to share with the public; (4)industry consensus standards regarding the sharing of pipeline safety and emergency response information; (5)specific data that could be shared with local and State emergency response and planning agencies, local public officials, and governing councils to enhance information sharing and pipeline safety, specifically— (A)the identification of general pipeline location, or information including location, the products transported by pipeline or stored at an underground natural gas facility, data on breakout tanks or production facilities that includes pipeline classification and impact areas, and owner or operator emergency response planning materials; and (B)information emergency response organizations ask pipeline owners and operators to voluntarily share with the public; (6)emergency response materials that pipeline facility owners and operators voluntarily provide to emergency response organizations; (7)how pipeline facility owners and operators communicate with emergency response organizations, including— (A)the functional quality and use of data shared through the National Pipeline Mapping System; and (B)the measures taken by emergency response organizations to secure any sensitive information shared; (8)emergency response planning guidance and requirements issued by emergency response organizations for pipeline facility owners and operators; and (9)changes emergency response organizations recommend to improve communication with the public and emergency response coordination organizations. (c)

Consultation

In conducting the assessment under subsection (a), the Secretary shall consult with both large and small pipeline facility owners and operators, urban and rural State, local, and Tribal governments, emergency response organizations, and pipeline safety organizations. (d)

Report to Congress

Not later than 180 days after completion of the assessment in subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report containing the findings of the assessment under subsection (a) and any legislative recommendations of the Secretary. (e)

Guidance

Not later than 180 days after the submission of the report under subsection (d), the Secretary may issue guidance to improve pipeline safety information sharing with the public and other interested parties to advance pipeline safety. (f)

Definitions

The definitions contained in section 60101(a) of title 49, United States Code, shall apply to this section.

30.

Assessment of certain pipeline safety definitions

(a)

Evaluation

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall evaluate the definition in section 192.5(b)(3)(ii) of title 49, Code of Federal Regulations, and the definition of identified site in section 192.903 of title 49, Code of Federal Regulations, to determine the adequacy for protecting buildings and occupied outdoor facilities from pipeline safety incidents. (b)

Considerations

In carrying out the evaluation under subsection (a), the Secretary shall consider— (1)whether to revise the definition of the occupancy counts of these areas; (2)whether consistency in minimum occupancy thresholds throughout part 192 of title 49, Code of Federal Regulations, would improve safety; and (3)whether defining the occupancy counts in these areas as 20 or more persons on at least a total of 50 days within any 12-month period would improve— (A)safety; and (B)the efficiency of carrying out class determinations. (c)

Modification of definitions

The Secretary shall issue such regulations as the Secretary determines necessary to modify the definitions in subsection (a) to increase safety for the protection of buildings and occupied outdoor facilities from pipeline safety incidents.

31.

Report assessing the costs of pipeline failures

(a)

Report assessing the costs of pipeline failures

Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an agreement with the National Academies under which the National Academies shall, not later than 3 years after such date of enactment, conduct a study of the direct and indirect costs related to the failure or shutdown of a gas, hazardous liquid, or carbon dioxide pipeline facility. (b)

Elements

The study described under subsection (a) may include an analysis of— (1)the direct and indirect costs related to a failure or shutdown of a gas, hazardous liquid, or carbon dioxide pipeline facility, including local community emergency response costs, local planning for emergency response, and local community impact costs of loss of product; (2)the costs to an operator of such a facility of complying with enforcement actions related to a pipeline facility failure or shutdown, such as corrective action or consent orders, safety orders, and emergency orders; (3)the direct and indirect costs related to failure or shutdown of a gas, hazardous liquid, or carbon dioxide pipeline facility resulting from a cyber attack or intrusion, including any economic and supply chain impacts; (4)the impact to emergency response planning and resources of local communities, operators of gas, hazardous liquid, or carbon dioxide pipeline facilities, and the State, Federal, local, and Tribal governments in responding to and mitigating the impacts of a failure or shutdown of a gas, hazardous liquid, or carbon dioxide pipeline facility; (5)the costs of environmental remediation resulting from a gas, hazardous liquid, or carbon dioxide pipeline facility failure or shutdown; (6)the economic impact of a gas, hazardous liquid, or carbon dioxide pipeline facility failure or shutdown, including— (A)increases in product costs; (B)damage to public and private property; and (C)the potential costs of moving gas, hazardous liquid, or carbon dioxide by other means of transportation, including by rail, truck, and barge; and (7)increased energy costs to households and businesses reliant on the movement of the gas, hazardous liquid or carbon dioxide due to the shutdown or failure of a pipeline facility. (c)

Consultation

In conducting the study under subsection (a), the National Academies shall consult with economists, State, Federal, local, and Tribal governments, emergency management officials, and pipeline stakeholders, including pipeline facility operators and public safety and environmental groups. (d)

Report to Congress

Upon completion of the study conducted under subsection (a), the Secretary shall— (1)require the National Academies to submit to the Secretary a report on such study; and (2)submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of such study.

32.

Study on localized emergency alert system for pipeline facilities incidents

(a)

GAO review

Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Secretary of Transportation, the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a study assessing— (1)the need and feasibility of requiring owners and operators of covered facilities to establish and maintain a localized emergency alert system; and (2)whether such an alert system would be best maintained by State or local emergency management officials or owners and operators of such facilities. (b)

Considerations

In conducting the study under subsection (a), the Comptroller General shall— (1)consider the feasibility, benefits, costs, and safety impacts to affected stakeholders, including owners and operators of covered facilities, the public, and State and local emergency management officials, of requiring a localized emergency alert system; (2)consider whether a localized emergency alert system can be established by such owners and operators or incorporated into existing public alert, broadcast, and electronic emergency alert systems, including by assessing— (A)whether a localized emergency alert system established and maintained by an owner or operator of a covered facility would conflict with, or impede the operation of, existing emergency alert systems; (B)the feasibility, benefits, costs, and technological needs of incorporating facility system data into existing emergency alert systems; (C)whether local emergency management organizations may need additional hardware, software, personnel, or communications support to incorporate a localized emergency alert system into an existing emergency alert system; (D)whether other systems could support notification to the public of an incident or accident at a covered facility, such as the National Response Center, the Reverse-911 telecommunication system, or severe weather warning systems; and (E)whether localized emergency alert systems have been considered, studied, or implemented in other high hazard industries, such as industrial gases, chemicals, petrochemicals, and petroleum refining, and the results of any study or implementation of such systems in such industries; (3)consult with owners and operators of large and small covered facilities, public safety advocacy groups, and urban and rural State and local emergency management officials; (4)assess the adequacy of existing practices of owners and operators of covered facilities in providing timely and pertinent safety communication about an incident or accident at such facility to local communities affected by such incident or accident; (5)assess whether there are legal hurdles to establishing a localized emergency alert system that uses voluntarily collected data or opt-in procedures, including any data security considerations; (6)consider the feasibility, benefits, costs, and other impacts to State and Federal safety regulators who would oversee any requirement of owners and operators of covered facilities; (7)assess the types of incidents and accidents at covered facilities, by commodities transported and the unique characteristics of such incident or accident, that should be reported through a localized emergency alert system and the content of the information that should be provided; (8)assess which members of the public should receive communications from localized emergency alert systems, including individuals, persons, or organizations located in the vicinity of high consequence areas, unusually sensitive areas, and any other defining characteristics as determined by the Comptroller General; and (9)consider whether any Federal requirements or mandates are needed in order to establish an effective localized emergency alert system for incidents or accidents at covered facilities. (c)

Recommendations

The Comptroller General shall include in the study conducted under subsection (a) any policy recommendations developed as a result of the information studied and assessed under subsection (b). (d)

Definitions

In this section: (1)

Covered facility

The term covered facility means a gas pipeline facility, a hazardous liquid pipeline facility, or a carbon dioxide pipeline facility, including a liquefied natural gas storage facility or an underground natural gas storage facility, as defined in section 60101 of title 49, United States Code. (2)

Localized emergency alert system

The term localized emergency alert system means a system that provides to individuals in the immediate vicinity of a covered facility an electronic notification of an incident or accident at such facility that presents an immediate risk to life or property.

33.

Maximum allowable operating pressure

(a)

In general

Section 60139 of title 49, United States Code, is amended— (1)in subsection (c)(1)(A) by inserting except as provided in subsection (e), before require; (2)by redesignating subsection (e) as subsection (f); and (3)by inserting after subsection (d) the following: (e)

Testing records working group

(1)

Previously tested transmission lines

Until the completion of the report of the Working Group required under paragraph (2) and the rulemaking proceeding required under paragraph (3), 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, 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. (2)

Working group report

(A)

In general

No later than 30 days after the date of enactment of the PIPES Act of 2023, the Secretary of Transportation shall create a fairly balanced working group (hereinafter referred to as the Working Group) to produce a report containing recommendations on the minimum pressure and contemporaneous records that are sufficient to confirm the material strength of a pipeline through prior testing. (B)

Composition of Working Group

The Working Group— (i)shall be comprised of the Administrator of the Pipeline and Hazardous Materials Safety Administration, State pipeline regulators, the public, and industry stakeholders active in the operation of natural gas pipelines; and (ii)may include members of the Technical Pipeline Safety Standards Committee or be conducted in a manner that otherwise ensures input from the public, as determined appropriate by the Secretary. (C)

Consideration

In preparing the report required under paragraph (1), the Working Group— (i)shall consider historical practices and all available research conducted regarding minimum pressure and contemporaneous records on transmission pipelines; and (ii)may consider the need for any additional research or analyses needed to demonstrate the adequacy of any strength testing performed. (D)

Applicability of FACA

Chapter 10 of title 5 shall not apply to the Working Group. (E)

Submission of report

Not later than 180 days after the date of enactment of the PIPES Act of 2023, the Working Group shall submit to the Secretary the report produced under paragraph (2), including any minority views. (3)

Rulemaking

Not later than 180 days after receiving the report described in paragraph (2), the Secretary shall initiate a rulemaking proceeding under section 60102 to revise, or make a technical correction to, the maximum allowable operating pressure reconfirmation regulations issued pursuant to this section in effect as of the date of enactment of the PIPES Act of 2023..

December 16, 2024 Reported from the Committee on Transportation and Infrastructure with an amendment December 16, 2024 Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed