Overview

Title

To amend title 49, United States Code, to improve the safety of pipeline transportation, and for other purposes.

ELI5 AI

H.R. 7655 wants to make pipelines safer by updating rules about how they work, playing nicely with other groups, and sharing information to keep everyone safe. But some parts are tricky, like deciding what "safe zones" are, which could make it hard for everyone to agree on what counts as safe.

Summary AI

H.R. 7655, titled the "Pipeline Safety, Modernization, and Expansion Act of 2024," aims to enhance the safety of pipeline transportation in the United States. The bill proposes amendments to existing laws to improve safety standards, specifically focusing on carbon dioxide pipelines, eliminating hazardous natural gas leaks, and modernizing pipelines. It also introduces measures for better coordination among regulatory agencies and establishes programs for voluntary information sharing and preventing excavation damage. Additionally, the bill emphasizes the need for updated regulatory procedures and addresses the use of alternative technologies to ensure pipeline safety and efficiency.

Published

2024-03-13
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-03-13
Package ID: BILLS-118hr7655ih

Bill Statistics

Size

Sections:
23
Words:
11,913
Pages:
60
Sentences:
212

Language

Nouns: 3,548
Verbs: 937
Adjectives: 486
Adverbs: 87
Numbers: 482
Entities: 555

Complexity

Average Token Length:
4.34
Average Sentence Length:
56.19
Token Entropy:
5.50
Readability (ARI):
30.45

AnalysisAI

This proposed bill, titled the "Pipeline Safety, Modernization, and Expansion Act of 2024," aims to amend Title 49 of the United States Code to enhance the safety of pipeline transportation. Introduced within the United States House of Representatives, it seeks to establish new safety standards, address carbon dioxide pipeline regulations, introduce penalties, and improve coordination between agencies. The bill's wide-sweeping nature includes multiple provisions that affect pipeline operations, safety protocols, and regulation updates. Given the bill's technical details and legislative amendments, it presents several key issues and implications for both the general public and specific stakeholders, such as pipeline operators and state regulators.

Summary of Significant Issues

The bill has raised several notable concerns regarding its potential impacts. One pivotal issue lies in Section 5, which focuses on worker and public safety zones. It lacks specific criteria for defining "areas associated with" construction, potentially leading to inconsistent enforcement and public safety hazards. Section 14 introduces a voluntary information-sharing system for pipeline safety, which may reduce effectiveness due to its non-mandatory nature. Moreover, confidentiality provisions might limit accountability.

Another significant concern is found in Section 16, which restricts states or municipalities from enacting laws that limit energy transportation through pipelines. This could hinder local governments in pursuing environmental regulations, stirring debates about states' rights. Furthermore, Section 17's lack of explicit timelines for federal authorization processes might cause delays in pipeline projects, impacting economic progress. Lastly, Section 4 mandates expensive leak detection and vapor dispersion modeling, lacking clarity on financial implications for operators.

Impact on the General Public

For the public at large, the proposed amendments hold both positive and negative potential. On one hand, increasing safety measures and modernizing pipeline operations aim to ensure safer transport of hazardous materials, which is essential for minimizing accidents and environmental disasters. Yet, the lack of explicit provisions or costs could mean potential challenges regarding transparency and oversight. Regulatory changes affecting energy transportation might also indirectly impact consumers, potentially leading to increased energy costs if operators pass compliance expenses onto consumers.

Impact on Stakeholders

Pipeline Operators and Industry Stakeholders

Pipeline operators face several challenges with the new regulations. Firstly, the extensive safety requirements, including dispersion modeling and leak detection for carbon dioxide pipelines, might increase operational and compliance costs. The voluntary nature of the information-sharing system might not drive significant improvements due to limited participation. Additionally, operators who have previously established their pipeline’s maximum allowable operating pressure without re-confirmation might face pressure, given the potential safety concerns highlighted by previous testing exemptions.

State and Local Governments

State and local authorities may find their regulatory scope restricted, particularly with the provisions in Section 16 curtailing their ability to limit energy transportation. This limitation might restrict states from deploying localized environmental policies, spurring potential legal challenges related to state sovereignty and environmental governance.

In conclusion, while the "Pipeline Safety, Modernization, and Expansion Act of 2024" is poised to implement necessary safety enhancements, its broad and detailed nature demands careful consideration of its potential costs, stakeholder impacts, and unintended outcomes. The bill presents opportunities for improved safety measures but requires thoughtful implementation and balanced oversight to avoid negative repercussions for both operators and the public.

Financial Assessment

The bill H.R. 7655, known as the "Pipeline Safety, Modernization, and Expansion Act of 2024," contains several sections that outline specific financial appropriations and spending plans aimed at enhancing pipeline safety and modernization. Below is an analysis of these financial references and their relation to the identified issues in the bill.

Financial Appropriations and Spending Plans

Section 11: Authorization Levels

This section outlines the authorization of funds for pipeline safety-related activities. It authorizes the appropriation of $150,000,000 per fiscal year from 2024 through 2028, derived from fees collected under section 60301. Of this, $9,000,000 annually is earmarked for carrying out section 12 of the Pipeline Safety Improvement Act of 2002, and $75,000,000 annually is designated for making grants. In addition, $28,000,000 per year from the Oil Spill Liability Trust Fund is authorized for similar purposes, with $3,000,000 set aside for section 12 activities and $13,000,000 for grants. Furthermore, $8,000,000 per year is allocated from fees collected under section 60302, aimed at the Underground Natural Gas Storage Facility Safety Account.

Relation to Identified Issues

Section 4: Regulation of Carbon Dioxide Pipeline Facilities

The bill includes regulations requiring actions and procedures for carbon dioxide pipeline safety. However, these regulations involve technical tasks such as vapor dispersion modeling and leak detection, which could represent significant costs to operators. While these technical requirements are critical for safety, the bill does not provide specific financial support for these potentially burdensome responsibilities, which could ultimately translate to higher costs for pipeline operators and consumers.

Section 12: Maximum Allowable Operating Pressure

An exemption is provided for reconfirming the maximum allowable operating pressure for pipelines previously tested. While the bill does involve creating a working group to address these issues, there is no explicit financial allocation linked to enhancing or ensuring the quality of these safety operations, which could lead to public safety concerns if testing records are inadequate.

Section 17: Modernizing and Expanding Pipelines

This section implicitly links to financial considerations by allowing the Federal Energy Regulatory Commission a role in issuing Federal authorizations. However, the unspecified timelines for decision-making could delay projects, indirectly increasing costs related to construction and maintenance. While no direct appropriations are mentioned, the lack of firm timelines can financially impact stakeholders involved in pipeline expansions.

Conclusion

The delineation of funds within H.R. 7655 suggests a focused financial commitment to advancing pipeline safety and infrastructure through grants and specific improvement programs. However, gaps remain in addressing the financial implications tied to specific regulatory requirements, the lack of cost estimates for new safety technologies, and potentially delayed regulatory processes, which might accrue unanticipated financial burdens on operators and, by extension, consumers.

Issues

  • Section 5: The establishment of worker and public safety zones lacks specific criteria or definitions for 'areas associated with' construction, which could lead to varied interpretations and potentially inconsistent enforcement. This might raise public safety concerns and potential legal challenges regarding the adequacy of the designated safety zones.

  • Section 16: The prohibition against state or municipal laws that limit or prohibit the transportation or distribution of energy sources via pipelines may limit the ability of local governments to enact environmental regulations, potentially conflicting with broader environmental and regulatory goals. This could raise significant political and legal debates about states' rights and environmental standards.

  • Section 14: The voluntary nature of the Pipeline Safety Voluntary Information-Sharing System (VIS) may limit participation, reducing the effectiveness of data collection and safety improvements. Additionally, the confidentiality provisions and exclusions from discovery could limit transparency and accountability, raising ethical concerns about data protection and public safety monitoring.

  • Section 4: The regulation of carbon dioxide pipeline facilities involves significant technical and financial considerations, including vapor dispersion modeling and leak detection, which may impose heavy costs on operators. The absence of cost estimates for these regulatory responsibilities may lead to financial burdens for the industry and potentially higher costs for consumers.

  • Section 17: The lack of explicit timelines for the Federal Energy Regulatory Commission to consider and publish decisions on Federal authorizations could lead to significant delays in pipeline construction projects, potentially impacting economic and energy expansion goals.

  • Section 12: The exemption from reconfirming maximum allowable operating pressure for pipelines with previously tested materials poses potential safety risks, especially if prior tests are outdated or inadequately documented. This could raise public safety concerns and calls for stricter oversight.

  • Section 20: The risk-based inspection criteria for breakout tanks are not clearly defined, which may result in inconsistent standards and potential safety hazards. The reliance on a specific American Petroleum Institute standard could also be seen as unfairly favoring one organization's guidelines over others.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

This section introduces the bill titled the “Pipeline Safety, Modernization, and Expansion Act of 2024” and outlines its contents, detailing a series of provisions from safety standards and regulations concerning pipelines to enhancing penalties for violations and coordinating regulatory updates.

2. Definitions Read Opens in new tab

Summary AI

The amendment to section 60101(a)(21)(B) of title 49 of the United States Code clarifies that certain activities are not included in a specific category. It excludes gathering gas in certain rural areas and moving gas through piping systems that either stay entirely within a facility's boundaries or extend less than one mile outside the facility.

3. Minimum safety standards Read Opens in new tab

Summary AI

The section modifies the existing safety standards in United States Code by clarifying that safety and economic benefits must be considered within the U.S., requires explicit addressing of safety, economic, and environmental benefits explicitly within the U.S., and makes specific updates to certain paragraphs to reflect these changes.

4. Regulation of carbon dioxide pipeline facilities Read Opens in new tab

Summary AI

The section outlines new regulations for carbon dioxide pipeline facilities, including requirements for leak detection, safety standards for both liquid and gaseous carbon dioxide transportation, and dispersion modeling to identify high-risk areas. It also addresses the process for underground carbon dioxide sequestration, allowing owners or operators to request exemptions for aquifer use in geologic sequestration, and mandates updates to relevant federal regulations.

5. Purpose and general authority Read Opens in new tab

Summary AI

The section outlines requirements for pipeline companies to create and enforce safety zones during construction or repair and establishes penalties for unauthorized entry. It also mandates the exploration of alternative technologies that might enhance safety without imposing mandatory compliance with these alternatives.

6. Eliminating hazardous natural gas leaks Read Opens in new tab

Summary AI

The section details changes to U.S. law aimed at improving clarity and safety regarding natural gas pipeline facilities. It specifies inserting the terms "natural gas" and "gas pipeline facilities" to ensure precision in addressing natural gas leaks.

7. Technical safety standards committees Read Opens in new tab

Summary AI

The section amends the United States Code by requiring the Secretary to report the reasons for rejecting committee conclusions on safety standards to specific Congressional committees and the public within 15 days, and it reduces the allowed meetings of technical safety standards committees from four to twice a year.

8. Opportunity for formal hearing Read Opens in new tab

Summary AI

In this section, changes are made to the United States Code to ensure that people involved in an enforcement issue about a probable violation can have a formal hearing. Additionally, the Secretary of Transportation is required to create rules for public hearings within one year to ensure the process is organized and keeps sensitive information safe.

9. Special permit program Read Opens in new tab

Summary AI

The bill modifies pipeline safety regulations by adding new rules about waivers, including a requirement for public notice and an 18-month review period of applications. It also mandates reports to Congress on the implementation of these changes and requires a further review by the Government Accountability Office.

10. Strengthening penalties for pipeline safety violations Read Opens in new tab

Summary AI

The section strengthens penalties for pipeline safety violations by expanding the definition of offenses to include not only damaging or destroying a facility but also impairing its operation. It also adds penalties for damaging or destroying facilities that are under construction and intended to be operational once completed.

11. Authorization levels Read Opens in new tab

Summary AI

The amendment to Section 60125 of title 49, United States Code, authorizes the appropriation of specific amounts from fees and trust funds for the fiscal years 2024 through 2028 to support gas and hazardous liquid safety programs and grants, as well as underground natural gas storage facility safety, under the Pipeline Safety Improvement Act of 2002.

Money References

  • Section 60125 of title 49, United States Code, is amended— (1) by amending subsection (a) to read as follows: “(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 $150,000,000 for each of fiscal years 2024 through 2028, of which— “(A) $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 “(B) $75,000,000 shall be used for making grants.
  • , 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 $28,000,000 for each of fiscal years 2024 through 2028, of which— “(A) $3,000,000 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 “(B) $13,000,000 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 $8,000,000 for each of fiscal years 2024 through 2028.”; and (2) in subsection (b)(2), by striking “2021 through 2023” and inserting “2024 through 2028”. ---

12. Maximum allowable operating pressure Read Opens in new tab

Summary AI

The section amends a U.S. law to defer the requirement for gas pipeline operators to reconfirm the maximum allowable operating pressure if they have records of previous tests verifying the strength of the pipeline, unless a new rule is implemented. It also establishes a working group to study and report on these past testing practices, which will inform future rules that ensure pipeline safety.

13. Pipeline safety enhancement programs Read Opens in new tab

Summary AI

The section amends existing pipeline safety laws by mandating testing programs for pipeline safety from 2024 to 2030, limiting the extent of pipeline miles that can be tested, allowing multiple operators to participate, and reducing bureaucratic steps. It also specifies that the Secretary cannot impose additional requirements not mentioned in this section for these testing programs.

14. Pipeline safety voluntary information-sharing system Read Opens in new tab

Summary AI

The text establishes a Voluntary Information-Sharing System (VIS) to confidentially share pipeline safety data for improving safety practices. A governing board will oversee the system, involving pipeline safety stakeholders, and ensure that data, shared voluntarily by industry participants, remains confidential and cannot be used for enforcement or litigation purposes, except under specific criminal or regulatory circumstances.

60144. Voluntary information-sharing system Read Opens in new tab

Summary AI

The text describes the creation of a Voluntary Information-Sharing System for pipeline safety, where data can be confidentially shared among industry stakeholders to improve safety practices. A governing board, composed of various stakeholders, oversees this system and ensures data is protected and shared to enhance safety while prohibiting its use for enforcement or litigation purposes.

15. Excavation damage prevention Read Opens in new tab

Summary AI

The section amends United States Code Title 49 to enhance state programs for preventing excavation damage by encouraging the adoption of leading practices, such as defining emergency excavations, using new technologies, and enforcing reporting requirements. It also requires the Secretary to report to Congress on the implementation of these practices and provides guidelines for states to effectively enforce and assess their damage prevention efforts.

16. Protecting fuel choice for consumers Read Opens in new tab

Summary AI

A state or city cannot create or maintain laws that directly or indirectly restrict or ban the transportation or sale of an energy source that is sold across state lines and moved through pipelines.

17. Modernizing and expanding pipelines Read Opens in new tab

Summary AI

The section outlines a process for the Federal Energy Regulatory Commission (FERC) to issue a Federal authorization for pipeline projects if requested—especially when another agency waives its authority or delays beyond a year. It details the requirements, including public notice and hearings, and mandates rule-making within 180 days without altering existing regulations.

18. Regulatory updates Read Opens in new tab

Summary AI

The section requires the Secretary of Transportation to regularly report to certain congressional committees on the progress of issuing final rules for pending pipeline safety regulations. The reports must include details about work plans, timelines, staffing, resource issues, and any other factors affecting these regulations, which have either missed deadlines or are deemed significant actions.

19. Class location changes Read Opens in new tab

Summary AI

The Secretary of Transportation is required to update safety rules for class location changes within 90 days after this law is passed, following a proposal by the Pipeline and Hazardous Materials Safety Administration published in 2020.

20. Inspection of in-service breakout tanks Read Opens in new tab

Summary AI

The text requires the Secretary of Transportation to review and potentially update safety standards for inspecting the bottoms of breakout tanks within one year of the law's enactment. The updated standards may include risk-based inspections if they maintain safety levels and should consider guidelines from the American Petroleum Institute's standard from 2014.

21. Liquefied natural gas regulatory coordination Read Opens in new tab

Summary AI

The section requires the Secretary of Transportation to form a working group to improve the regulation and safety oversight of liquefied natural gas (LNG) facilities, excluding peak shaving facilities. The group will evaluate the roles of different federal agencies to resolve jurisdictional conflicts, prevent duplicate efforts, and ensure public safety, with the goal of establishing interagency agreements within two years and reporting progress to Congress.

22. Hydrogen study Read Opens in new tab

Summary AI

The Comptroller General of the United States is tasked with studying the safety modifications needed for gas pipelines that transport blends with more than 5% hydrogen. This study will look at both domestic and international practices, consider technical challenges, and assess impacts on pipeline materials and components, with a report due in a year and potential influences on future regulations.