Overview
Title
To amend title 49, United States Code, to require the establishment of an Office of Public Engagement in the Pipeline and Hazardous Materials Safety Administration, and for other purposes.
ELI5 AI
The bill wants to create a new office to help people understand and talk about how pipelines are kept safe, especially near where they live. It also wants to make pipelines safer by making rules and keeping track of any problems so everyone can stay safe.
Summary AI
The bill H.R. 9323, titled the “Pipeline Accountability, Safety, and Environmental Standards Act of 2024,” proposes amendments to title 49, United States Code, to establish an Office of Public Engagement within the Pipeline and Hazardous Materials Safety Administration. This office would enhance public engagement efforts, particularly with environmental justice communities, and improve transparency regarding pipeline safety and operations. The bill also aims to strengthen safety standards for pipelines, including specific requirements for carbon dioxide pipelines, and introduces provisions for reporting incidents and ensuring accountability.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
House Bill H.R. 9323, titled the "Pipeline Accountability, Safety, and Environmental Standards Act of 2024," aims to amend title 49 of the United States Code. This legislation strives to enhance the safety and environmental standards for pipelines and hazardous materials through a series of specific measures. Key aspects of the bill include the establishment of an Office of Public Engagement within the Pipeline and Hazardous Materials Safety Administration, modifications to safety and infrastructure standards, mandates for public transparency, and provisions for increased accountability within the industry. The bill also introduces new definitions and concepts, such as non-emitting alternatives and high consequence areas, and outlines comprehensive frameworks for enhancing pipeline safety and public involvement.
Summary of Significant Issues
The bill presents several significant issues requiring consideration. One prominent concern is the potential for wasteful spending due to the broad responsibilities and overlapping duties of the newly proposed Office of Public Engagement. This office is tasked with extensive public outreach and engagement responsibilities, which might overlap with existing agencies, leading to inefficiencies.
The requirement for operators to disclose detailed safety data publicly, particularly related to pipeline locations and potential impact areas, raises privacy and security concerns. The bill mandates that this information must be shared responsibly to prevent misuse. Additionally, the bill allows private individuals to bring civil actions against pipeline operators, which, while encouraging accountability, could overburden the court system and raise separation of powers issues.
Further complicating the legislative landscape is the complexity and ambiguity in the bill’s language, particularly regarding definitions and cross-referencing with existing regulations. This complexity might create compliance challenges, especially for smaller organizations and laypersons trying to navigate the regulatory environment.
Reliance on external documents for definitions and standards introduces potential inconsistencies, as these external references may change over time, necessitating continuous updates to the bill. Similar concerns arise with committee member compensation and privacy, where the lack of clear guidelines could impose administrative burdens and fairness issues.
Impact on the Public
The broader public might experience mixed impacts from this bill. On one hand, the enhanced safety standards and increased transparency could lead to a more informed public and fewer incidents involving pipeline hazards, which would generally benefit public health and safety. On the other hand, increased regulatory complexity and legal requirements could result in increased costs for pipeline operators, potentially passed on to consumers in the form of higher prices.
The requirement for public disclosure of safety data might empower communities with critical information during pipeline-related incidents but simultaneously risk exposing sensitive data if not managed correctly.
Impact on Specific Stakeholders
Pipeline Operators: These entities face more stringent regulations and transparency requirements, potentially increasing operational costs. Compliance with safety and disclosure standards may require substantial investments in safety measures and public relations.
Environmental Justice Communities: These communities stand to benefit from the establishment of an Office of Public Engagement. The emphasis on active communication and engagement specifically targets vulnerable populations, ensuring they have a voice in pipeline regulation and incident response.
Legal and Regulatory Bodies: The allowance for private civil actions could increase the workload in U.S. district courts, potentially straining resources. However, it could also lead to a more robust enforcement of safety standards, driven by citizen involvement.
Small Organizations and Private Individuals: Navigating the complex legal and regulatory framework might pose significant challenges for smaller entities without extensive resources or legal expertise. However, the possibility of private civil action empowers individuals to hold operators accountable.
In conclusion, while H.R. 9323 aims to strengthen pipeline safety and environmental standards, it introduces both opportunities and challenges. Balancing these is crucial to ensure enhanced safety without creating unnecessary burdens for stakeholders or the public.
Financial Assessment
The proposed bill H.R. 9323, known as the “Pipeline Accountability, Safety, and Environmental Standards Act of 2024,” contains several financial allocations and references throughout its provisions. These financial components underscore the intent to support various safety and public engagement initiatives related to pipeline operations. However, they also bring up certain concerns and potential issues.
Financial Allocations and Spending
Office of Public Engagement: Section 201 authorizes $12,000,000 annually for fiscal years 2025 through 2028 to establish and operate an Office of Public Engagement. This office is intended to enhance engagement with the public regarding pipeline safety and to address environmental justice concerns. The funds will cover activities including proactive outreach, public meetings, translation services, and other means to facilitate participation from impacted communities. While this allocation aims to improve transparency and inclusion, there is a concern about the potential for wasteful spending. The broad scope of the office's duties could overlap with tasks already managed by existing agencies, potentially leading to inefficiencies.
Natural Gas Distribution Infrastructure Safety and Modernization Grant Program: Section 108 modifies and extends this program with an authorization of $200,000,000 annually for fiscal years 2027 through 2031, with funds available until September 30, 2040. These funds are intended to promote safety and modernization of natural gas pipeline systems and encourage non-emitting alternatives. The allocation highlights a long-term investment in infrastructure safety. However, given the amount of funding involved, ensuring effective use of these funds is crucial to achieving the intended outcomes without fiscal waste.
Relation to Identified Issues
The financial allocations in the bill are designed to support comprehensive safety and public engagement measures, but they also bring potential concerns regarding implementation and efficacy:
The significant funding for the Office of Public Engagement raises questions about potential overlaps with other federal and state agencies engaged in similar public outreach or safety oversight roles. Ensuring that these funds are used efficiently could require clear guidelines to prevent redundancies and ensure coordinated efforts.
Similar concerns could be applicable to the significant investment in the Natural Gas Distribution Infrastructure Safety and Modernization Grant Program. Effective oversight will be necessary to ensure the funds are employed to maximize impact in improving pipeline safety and adopting non-emitting technologies.
The emphasis on public engagement activities, funded through these allocations, faces scrutiny about transparency and accountability. While these activities are essential for inclusiveness and safety awareness, they must be conducted with diligence to avoid potential privacy and security concerns linked to the disclosure of sensitive safety data as raised in the identified issues.
In summary, while H.R. 9323 dedicates substantial funding to critical aspects of pipeline safety and public engagement, the effectiveness of these financial allocations will heavily depend on clear planning, oversight, and inter-agency cooperation to avoid inefficiencies and achieve the proposed objectives.
Issues
The establishment of an Office of Public Engagement may lead to potential wasteful spending due to compensation provisions and the extensive scope of duties that could overlap with other agencies, leading to inefficiencies (Section 201).
The requirement for operators to publicly disclose detailed safety data, including pipeline locations and potential impact areas, may pose privacy and security concerns, especially if sensitive information is not handled correctly (Section 202).
The amendment to allow private individuals to bring civil actions increases the potential for legal conflicts and could overburden district courts with cases, impacting judicial resources and raising questions about separation of powers (Section 302).
The ambiguity and complexity of legal language throughout the bill, such as in definitions and cross-referencing sections, could create barriers for smaller organizations or laypersons to understand and comply with the regulations (Section 2, Section 301).
The reliance on external documents for definitions and regulations (such as specific CFR sections), which could change, may lead to inconsistencies and require continuous updates to remain relevant (Section 2).
The lack of clear guidelines on compensation and potential privacy issues for committee members raises concerns about administrative burden and fairness in committee selections (Section 103).
The lack of prioritization in safety standards for carbon dioxide pipelines may lead to conflicts in achieving public health, pipeline integrity, and environmental safety goals (Section 106).
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
The Pipeline Accountability, Safety, and Environmental Standards Act of 2024 outlines its content through a table of contents. The Act addresses various areas such as safety and environmental protections, public engagement and transparency, and accountability, detailing specific measures and regulations in each section.
2. Definitions Read Opens in new tab
Summary AI
The section provides definitions for key terms used in the act, including "Administration" (the Pipeline and Hazardous Materials Safety Administration), "appropriate committees of Congress," "environment" (which includes water, air, land, and their interrelationships), "environmental," "incident," "natural gas," and "Secretary" (referring to the Secretary of Transportation acting through the Administration's Administrator).
101. Factors for consideration in prescribing standards Read Opens in new tab
Summary AI
The text outlines amendments to existing U.S. law that focus on environmental considerations in setting standards. It introduces the concept of "non-emitting alternatives" and requires that future infrastructure planning aims to reduce reliance on fossil fuels and consider global climate impacts.
102. Cost-benefit analyses Read Opens in new tab
Summary AI
In Section 102, part of the U.S. Code is being updated to remove specific subparagraphs (D) and (E) from a paragraph and reorganize others by changing their letter names from (F) through (I) to (D) through (G). Additionally, several paragraphs, specifically paragraphs (3) through (7), are being completely removed.
103. Technical safety standards committees Read Opens in new tab
Summary AI
The proposed amendments to Section 60115 of title 49, U.S. Code, change how individuals are selected for committee roles concerning technical safety standards for pipelines. Individuals with financial interests in the pipeline or related industries cannot serve on these committees, and they must provide financial records for evaluation. Additionally, the updates ensure that standards for transporting gas and hazardous liquids focus on safety, environmental protection, and exclude cost-effectiveness from the criteria.
104. Application of regulations to existing pipelines Read Opens in new tab
Summary AI
The section modifies existing pipeline safety laws by allowing standards set by the Secretary of Transportation to apply to pipelines built before those standards were issued. It also removes one paragraph in a different section and updates the numbering accordingly.
105. Rupture-mitigation valves on pipelines in high consequence areas Read Opens in new tab
Summary AI
This section of the bill amends existing U.S. law to require operators of pipelines, located in high-risk areas, to quickly isolate any segment that bursts in order to reduce damage. It outlines the criteria for certain pipeline locations, defines types of pipelines, and establishes conditions for waivers that allow more time under certain circumstances. The Secretary will create specific regulations to enforce these requirements within two years.
106. Safety of carbon dioxide pipelines Read Opens in new tab
Summary AI
The bill section establishes safety standards and requirements for carbon dioxide pipelines. It defines key terms, directs the Secretary to create safety rules within two years that consider environmental and public safety factors, and mandates regulations for operators, including geohazard assessment, accident reporting, and community notification about pipeline hazards. Additionally, it requires training for local emergency responders on handling carbon dioxide pipeline ruptures.
107. Blending of hydrogen in natural gas systems Read Opens in new tab
Summary AI
The section mandates a study by the Comptroller General on the effects of blending hydrogen into natural gas systems, detailing safety, environmental, and climate impacts. It prohibits pipeline operators from transporting hydrogen in natural gas systems unless specifically allowed by Congress, with exceptions for systems designed and used for hydrogen transport for over ten years.
108. Extension and modification of Natural Gas Distribution Infrastructure Safety and Modernization Grant Program Read Opens in new tab
Summary AI
The bill section modifies the Natural Gas Distribution Infrastructure Safety and Modernization Grant Program to include non-emitting alternatives like renewable energy and electrification, requires 20% of the funds to be used for these alternatives each year, and authorizes an additional $1 billion in funding over five years starting in 2027.
Money References
- (c) Authorization of additional funding.—There are authorized to be appropriated to carry out the Natural Gas Distribution Infrastructure Safety and Modernization Grant Program described under the heading “natural gas distribution infrastructure safety and modernization grant program” under the heading “Pipeline and Hazardous Materials Safety Administration” under the heading “Department of Transportation” in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 1443)— (1) $200,000,000 for fiscal year 2027, to remain available until September 30, 2036; (2) $200,000,000 for fiscal year 2028, to remain available until September 30, 2037; (3) $200,000,000 for fiscal year 2029, to remain available until September 30, 2038; (4) $200,000,000 for fiscal year 2030, to remain available until September 30, 2039; and (5) $200,000,000 for fiscal year 2031, to remain available until September 30, 2040. ---
109. Rulemaking on underground natural gas storage Read Opens in new tab
Summary AI
The Secretary has two years to create or update regulations for underground natural gas storage, focusing on safety and risk management. This includes considering standards from the American Petroleum Institute and ensuring regulations address risks like single points of failure.
201. Office of Public Engagement Read Opens in new tab
Summary AI
The section establishes an Office of Public Engagement within the Safety Administration, which will focus on active communication and assistance to the public, especially communities that are more affected by environmental issues. This office will handle public complaints, provide aid, and ensure outreach is accessible, while the Director will lead efforts to engage with communities and coordinate assistance, with a budget of $12,000,000 annually from 2025 to 2028.
Money References
- “(B) PUBLIC ENGAGEMENT.—The Director shall coordinate active and ongoing engagement with the public with respect to the authority and activities of the Administration, including by— “(i) conducting— “(I) proactive outreach, which may include public postings, signage at relevant physical locations, newspaper publications, utility bill inserts, mailings, phone calls, canvassing, and door hangers, to communities, especially environmental justice communities, using varied media; and “(II) meetings, set at times and places to maximize the number of community members who can conveniently attend, with appropriate services, including, if the Director determines it would have a meaningful impact on participation by members of affected environmental justice communities— “(aa) translation and interpreting services; “(bb) virtual attendance; and “(cc) reasonable funding for transportation to and from meetings, food, and caregiving; “(ii) establishing an independent, neutral, accessible, confidential, and standardized process to receive, review, and process complaints and allegations with respect to the activities of the Administration and entities regulated by the Administration; “(iii) assisting individuals in resolving complaints and allegations described in clause (ii); “(iv) making publicly available, and proactively disseminating, information on the manner in which members of the public may file inquiries, complaints, and allegations; “(v) coordinating with the Federal Energy Regulatory Commission, State agencies, and, as necessary, other agencies to direct public inquiries that are not within the jurisdiction of the Administration to the relevant agency; and “(vi) preparing, and making publicly available in accessible formats, educational materials about the Administration, the responsibilities of the Administration, and how those responsibilities interact with entities under the jurisdiction of the Administration and other Federal, State, local, or Tribal government agencies. “(C) POST-INCIDENT SUPPORT.—The Director shall facilitate, including by directing impacted individuals to the appropriate agency and coordinating with relevant counterparts at other agencies, appropriate remediation, environmental testing, and assistance with compensation in the case of leaks, incidents, accidents, or other relevant events.”. (b) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to carry out section 108(h) of title 49, United States Code, $12,000,000 for each of fiscal years 2025 through 2028. ---
202. Disclosure of safety data Read Opens in new tab
Summary AI
The amendments to Section 60132 of title 49, United States Code, focus on the disclosure and accessibility of pipeline safety information. Operators of certain pipeline facilities are required to provide detailed safety and operational data to the public and the Secretary of Transportation and to update this information regularly. This includes information about substances transported, emergency response plans, and potential impact areas, ensuring transparency and preparedness for pipeline-related incidents.
203. Reporting of blended products Read Opens in new tab
Summary AI
Operators of natural gas pipelines must inform the Secretary about any blended products they transport that contain over 1% of non-dominant materials, and the Secretary has the authority to create or update regulations to support this requirement.
204. Incident reporting for gas pipelines Read Opens in new tab
Summary AI
The section requires the Secretary, within one year, to create or update rules for gas pipeline operators to report any gas releases of 50,000 cubic feet or more and various incidents, including fires, explosions, significant property damage, or injuries that cause loss of consciousness, require carrying someone from the scene, need medical treatment, or result in a disability that affects normal activities beyond the day of the incident.
Money References
- (b) Rulemaking.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate new, or revise existing, regulations to require operators of gas pipelines— (1) to meet incident reporting standards that require those operators to report all gas releases of 50,000 cubic feet or more, regardless of any intent of the operator or any other person with respect to the release; and (2) to report— (A) all incidents resulting in fire or explosion; (B) all incidents resulting in property damage of $50,000 or more in value; and (C) all incidents resulting in bodily harm to any person resulting in— (i) loss of consciousness; (ii) necessity to carry a person from the scene; (iii) necessity for medical treatment; or (iv) disability that prevents the discharge of normal duties or the pursuit of normal duties beyond the day of the incident. ---
301. Prohibition against releases Read Opens in new tab
Summary AI
The section modifies existing law to prohibit the release of gas or hazardous liquids from a pipeline facility if the release would need to be reported as an incident or accident under the relevant regulations.
302. Actions by private persons Read Opens in new tab
Summary AI
The section of the bill amends rules for private individuals filing civil lawsuits related to pipeline safety violations, including the ability to seek penalties and court orders. It gives U.S. district courts jurisdiction over these cases, allows the Secretary to intervene, and clarifies that other legal rights and state powers to enforce safety standards remain unaffected.
303. Penalties Read Opens in new tab
Summary AI
The section outlines penalties and mandates that the Secretary update regulations related to civil penalties for multiple violations by following changes made to a specific part of the United States Code.