[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7655 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7655
To amend title 49, United States Code, to improve the safety of
pipeline transportation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2024
Mr. Duncan 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
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to improve the safety of
pipeline transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety,
Modernization, and Expansion Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Minimum safety standards.
Sec. 4. Regulation of carbon dioxide pipeline facilities.
Sec. 5. Purpose and general authority.
Sec. 6. Eliminating hazardous natural gas leaks.
Sec. 7. Technical safety standards committees.
Sec. 8. Opportunity for formal hearing.
Sec. 9. Special permit program.
Sec. 10. Strengthening penalties for pipeline safety violations.
Sec. 11. Authorization levels.
Sec. 12. Maximum allowable operating pressure.
Sec. 13. Pipeline safety enhancement programs.
Sec. 14. Pipeline safety voluntary information-sharing system.
Sec. 15. Excavation damage prevention.
Sec. 16. Protecting fuel choice for consumers.
Sec. 17. Modernizing and expanding pipelines.
Sec. 18. Regulatory updates.
Sec. 19. Class location changes.
Sec. 20. Inspection of in-service breakout tanks.
Sec. 21. Liquefied natural gas regulatory coordination.
Sec. 22. Hydrogen study.
SEC. 2. DEFINITIONS.
Section 60101(a)(21)(B) of title 49, United States Code, is amended
to read as follows:
``(B) does not include--
``(i) gathering gas (except through
regulated gathering lines) in a rural area
outside a populated area designated by the
Secretary as a nonrural area; or
``(ii) moving gas through a piping system
for a purpose that directly supports the
operations of an onshore production, refining,
or manufacturing facility, including for use as
fuel or feedstock, if the piping system is--
``(I) an in-plant piping system
that is located entirely within the
boundary of the facility; or
``(II) a transfer piping system
that extends less than one mile in
length outside the boundaries of the
facility;''.
SEC. 3. MINIMUM SAFETY STANDARDS.
Section 60102(b) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (D), by striking ``benefits''
and inserting ``safety and economic benefits within the
United States''; and
(B) in subparagraph (E), by inserting ``within the
United States'' after ``costs'';
(2) in paragraph (3)(B), by striking ``benefits'' and
inserting ``safety and economic benefits within the United
States''; and
(3) in paragraph (5)--
(A) by inserting ``explicitly'' before
``required'';
(B) by inserting ``, economic,'' after ``safety'';
and
(C) by inserting ``within the United States'' after
``environmental benefits''.
SEC. 4. REGULATION OF CARBON DIOXIDE PIPELINE FACILITIES.
(a) Facility Operation Information Standards.--Section 60102(d)(5)
of title 49, United States Code is amended--
(1) in subparagraph (B), by striking ``; and''; and
(2) by adding at the end the following:
``(D) for pipelines transporting carbon dioxide,
actions and procedures for leak detection and for
coordination, communications, and alerts specific to
responding to and containing a release from such a
pipeline; and''.
(b) Carbon Dioxide Regulation.--
(1) Rulemakings required.--
(A) Transportation in liquid state.--Not later than
one year after the date of enactment of this Act, the
Secretary of Transportation shall issue a final rule to
carry out section 60102(i)(1) of title 49, United
States Code; and
(B) Transportation in gaseous state.--Not later
than one year after the date of enactment of this Act,
the Secretary of Transportation shall issue a final
rule to carry out section 60102(i)(2) of title 49,
United States Code.
(2) Transportation in gaseous state.--Section
60102(i)(2)(B) of title 49, United States Code, is amended by
striking ``consider whether applying the minimum safety
standards in part 195 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of this paragraph, for
the transportation of carbon dioxide in a liquid state to the
transportation of carbon dioxide in a gaseous state would
ensure safety'' and inserting ``apply the minimum safety
standards in part 195 of title 49, Code of Federal Regulations,
as appropriate''.
(3) Considerations; dispersion modeling.--Section 60102(i)
of title 49, United States Code, is amended by adding at the
end the following:
``(4) Considerations.--In prescribing standards under this
subsection, the Secretary shall consider public input and the
adoption of industry consensus standards regarding the safe
transportation of carbon dioxide.
``(5) Dispersion modeling.--
``(A) Safety standards.--In prescribing standards
under this subsection, the Secretary shall prescribe
minimum safety standards to require each operator of a
pipeline facility by which carbon dioxide is
transported to perform vapor dispersion modeling to
identify high consequence areas (as defined in section
195.450 of title 49, Code of Federal Regulations, and
paragraph (7)(I)(A) of Appendix C to part 195 of such
title (or a successor regulation)) that could be
affected by a release from such a pipeline facility.
``(B) Considerations.--In performing vapor
dispersion modeling pursuant to subparagraph (A),
operators of a pipeline facility by which carbon
dioxide is transported shall consider--
``(i) the topography surrounding the
pipeline facility;
``(ii) atmospheric conditions that could
affect vapor dispersion;
``(iii) pipeline facility operating
characteristics; and
``(iv) additional substances present in the
pipeline facility that could affect vapor
dispersion.
``(C) Maintenance of files.--The Secretary shall
require each operator of a pipeline facility by which
carbon dioxide is transported 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
facility.
``(D) Protection of sensitive information.--In
responding to a public request for information
regarding vapor dispersion modeling performed pursuant
to this paragraph, 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
paragraph may be construed to require disclosure of
information or records that are exempt from disclosure
under section 552 of title 5.''.
(c) Underground Sequestration of Carbon Dioxide.--Section 40306 of
the Infrastructure Investment and Jobs Act (42 U.S.C. 300h-9) is
amended by adding at the end the following:
``(d) Underground Sequestration of Carbon Dioxide.--
``(1) In general.--Effective immediately upon the date of
enactment of this subsection, owners or operators may request
that the Administrator issue an aquifer exemption for a Class
VI well. In addition, owners or operators of Class II wells may
request that the Administrator approve an expansion to the
areal extent of an aquifer exemption already in place for a
Class II well for the purpose of Class VI injection for
geologic sequestration.
``(2) Designations.--In considering a request under
paragraph (1), the Administrator shall designate an aquifer or
portion thereof an exempted aquifer, as defined in section
144.3 of title 40, Code of Federal Regulations (or successor
regulations), if it meets the criteria set forth in paragraphs
(a) through (c) of section 146.4 of title 40, Code of Federal
Regulations, as in effect on the date of enactment of this
subsection. In addition, an aquifer or portion thereof shall be
considered an exempted aquifer for Class VI wells if the
Administrator has designated that aquifer or portion thereof an
exempted aquifer for any other purpose.
``(3) Rulemaking.--The Administrator shall revise section
144.7 and section 146.4 of title 40, Code of Federal
Regulations, to conform with this subsection.''.
SEC. 5. PURPOSE AND GENERAL AUTHORITY.
(a) Worker and Public Safety Zones.--Section 60102 of title 49,
United States Code, is amended by adding at the end the following:
``(u) Worker and Public Safety Zones.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall prescribe a
safety standard requiring each owner or operator of a pipeline
facility to establish a worker and public safety zone at the
location of any construction, replacement, or repair of the
pipeline facility, within which only persons authorized by the
owner or operator of the pipeline facility, including
contractors and subcontractors, shall be permitted.
``(2) Requirements.--In carrying out paragraph (1), the
Secretary shall include requirements that the owner or operator
of a pipeline facility--
``(A) ensure that--
``(i) a worker and public safety zone is in
place at all times beginning on the date on
which the construction, replacement, or repair
of the pipeline facility commences and ending
on the date on which such construction,
replacement, or repair is completed; and
``(ii) the worker and public safety zone
includes any areas associated with such
construction, replacement, or repair that are
reasonably necessary for such activities to be
carried out; and
``(B) post a notice at an appropriate location at
or near the boundary of the worker and public safety
zone to increase public awareness and minimize
potential hazards of the zone.
``(3) Scope.--The standards prescribed under this
subsection shall not apply to any pipeline facility used in
local distribution of gas or hazardous liquid, an intrastate
gas pipeline facility, or an intrastate hazardous liquid
pipeline facility.
``(4) Civil penalty.--
``(A) In general.--Any unauthorized individual
entering a worker and public safety zone established
pursuant to this subsection shall be liable to the
United States for a civil penalty for each violation.
``(B) Amount.--The Secretary shall determine the
amount of such penalty using the considerations under
section 60122(b).
``(5) Rule of construction.--Nothing in this subsection may
be construed to authorize the use of eminent domain.''.
(b) Alternative Technologies.--Section 60102 of title 49, United
States Code, is further amended by adding at the end the following:
``(v) Alternative Technologies.--
``(1) Requests for comments.--Not later than 1 year after
the date of enactment of this subsection, and every 5 years
thereafter, the Secretary shall issue a request for comments to
identify any potential alternative technology that--
``(A) is commercially available; and
``(B) if used by the operator of a pipeline
facility, will provide a level of safety that is equal
to, or greater than, that provided by a safety standard
prescribed under this chapter.
``(2) Evaluations and proposed rules.--Not later than 2
years after a request for comments is issued under paragraph
(1), the Secretary shall--
``(A) evaluate the alternative technologies
identified pursuant to such request;
``(B) determine whether any such alternative
technologies meet the requirements of subparagraphs (A)
and (B) of such paragraph; and
``(C) with respect to each alternative technology
the Secretary determines meets such requirements, issue
a proposed rule authorizing operators of pipeline
facilities to comply with the applicable safety
standard through the use of such alternative
technology.
``(3) Final rules.--Not later than 1 year after issuing a
proposed rule under paragraph (2), the Secretary shall finalize
such rule.
``(4) Limitation.--The Secretary may not, in a final rule
issued under paragraph (3), require an operator of a pipeline
facility to comply with a safety standard through the use of an
alternative technology identified under this subsection.''.
SEC. 6. ELIMINATING HAZARDOUS NATURAL GAS LEAKS.
Section 60108(a)(2) of title 49, United States Code, is amended--
(1) in subparagraph (D)(ii)--
(A) by inserting ``with respect to gas pipeline
facilities,'' before ``eliminating'';
(B) by inserting ``natural gas'' before ``leaks'';
and
(C) by inserting ``such gas'' after ``natural gas
from''; and
(2) in subparagraph (E)--
(A) by inserting ``if applicable,'' before ``the
extent'';
(B) by striking ``pipelines'' and inserting ``gas
pipeline facilities''; and
(C) by striking ``of the pipeline'' and inserting
``of the gas pipeline facility''.
SEC. 7. TECHNICAL SAFETY STANDARDS COMMITTEES.
Section 60115 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2), by inserting ``in accordance
with paragraph (4)'' after ``the Secretary shall
publish the reasons''; and
(B) by adding at the end the following:
``(4) The Secretary shall, not later than 15 days after prescribing
a standard under paragraph (3) with respect to which a committee has
prepared a report under paragraph (2), submit to the Committees on
Energy and Commerce and Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available, a report
regarding the reasons the Secretary rejected any conclusions of the
committee.''; and
(2) in subsection (e), by striking ``up to 4 times'' and
inserting ``2 times''.
SEC. 8. 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 at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(K) in the case of an enforcement matter relating
to a notice of a probable violation, provide an
opportunity for a formal hearing described in paragraph
(2)(B).''.
(b) Protocols for Public Hearing.--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, in accordance with
section 554 of title 5, United States Code.
SEC. 9. 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 Committees on Energy and Commerce and
Transportation and Infrastructure 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 Committees on Energy and Commerce and
Transportation and Infrastructure 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.
SEC. 10. STRENGTHENING PENALTIES FOR PIPELINE SAFETY VIOLATIONS.
Section 60123(b) of title 49, United States Code, is amended--
(1) by striking ``damaging or destroying'' and inserting
``damaging, destroying, or impairing the operation of''; and
(2) by inserting ``damaging or destroying such a facility
under construction and intended to be operated as such a
facility on completion of the construction,'' before ``or
attempting''.
SEC. 11. AUTHORIZATION LEVELS.
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.
``(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 $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''.
SEC. 12. MAXIMUM ALLOWABLE OPERATING PRESSURE.
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 gas pipeline facilities.--Until the
publication of a final rule under paragraph (3), the Secretary
shall not require an owner or operator of a gas pipeline
facility to reconfirm the maximum allowable operating pressure
of a transmission line of the gas pipeline facility pursuant to
section 192.624 of title 49, Code of Federal Regulations (or
any successor regulations), if the owner or operator confirms
the material strength of the transmission line through prior
testing that is--
``(A) conducted to a sufficient minimum pressure in
accordance with prevailing safety standards and
practices, including any applicable class location
factors; and
``(B) documented in contemporaneous records.
``(2) Working group report.--
``(A) In general.--Not later than 30 days after the
date of enactment of the Pipeline Safety,
Modernization, and Expansion Act of 2024, the Secretary
shall create a balanced working group (hereinafter
referred to as the `Working Group') to prepare a report
on prior testing described in paragraph (1), including
recommendations on documentation of such prior testing
that is sufficient to confirm the material strength of
transmission lines of gas pipeline facilities.
``(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
transmission lines of gas pipeline facilities;
and
``(ii) may include members of the Technical
Pipeline Safety Standards Committee and 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 subparagraph (A), the Working Group--
``(i) shall consider historical practices
and all available research conducted regarding
contemporaneous records of the minimum pressure
of transmission lines of gas pipeline
facilities; and
``(ii) may consider the need for any
additional research or analysis needed to
demonstrate the adequacy of any material
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 Pipeline
Safety, Modernization, and Expansion Act of 2024, the
Working Group shall submit to the Secretary the report
prepared under subparagraph (A), including any minority
views.
``(3) Rulemaking.--Not later than 180 days after receiving
the report submitted under paragraph (2)(E), the Secretary
shall publish a final rule to implement the recommendations
contained in such report that the Secretary determines are
necessary to confirm the material strength of transmission
lines of gas pipeline facilities through prior testing.''.
SEC. 13. PIPELINE SAFETY ENHANCEMENT PROGRAMS.
Section 60142 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary may''
and inserting ``During the period of calendar years 2024
through 2030, the Secretary shall'';
(2) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--Testing programs established under
subsection (a) may not exceed--
``(A) 5 percent of the total miles of hazardous
liquid pipelines in the United States; and
``(B) 5 percent of the total miles of natural gas
pipelines in the United States.
``(2) Operator mileage limitation.--The Secretary shall
limit the miles of pipelines that each operator can test under
each program established under subsection (a) to the lesser
of--
``(A) 50 percent of the total miles of pipelines in
the system of the operator; or
``(B) 1,000 miles.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``3 years'' and
inserting ``4 years''; and
(B) in paragraph (2), by striking ``3 years after
the date of enactment of this section'' and inserting
``3 years after the date of enactment of the Pipeline
Safety, Modernization, and Expansion Act of 2024'';
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``equal to or''
before ``greater than'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``under subparagraph (A) of section
60118(c)(1)'' and inserting ``waiving
compliance with any part of an applicable
standard prescribed under this chapter'';
(ii) in subparagraph (B), by striking
``pertain only to those regulations that would
otherwise prevent the use of the safety
technology to be tested under the testing
program'' and inserting ``require no further
conditions beyond compliance with this
section''; and
(iii) by adding at the end the following:
``(C) Applicability of section 60118(c)(1) waiver
process.--The process to waive compliance with any part
of an applicable standard prescribed under this chapter
under subparagraph (A) of this paragraph shall be
separate from the process under subparagraph (A) of
section 60118(c)(1) and the Secretary may not require a
testing program applicant to use the process or
otherwise meet the requirements under section
60118(c)(1) (including any regulations issued
thereunder) in order for an order waiving compliance
with any part of an applicable standard prescribed
under this chapter to be issued under subparagraph (A)
of this paragraph.''; and
(C) in paragraph (3)--
(i) in the heading, by striking ``Increased
safety capabilities'' and inserting ``Pipeline
safety enhancement''; and
(ii) by striking ``improvement'' and
inserting ``enhancement'';
(5) by striking subsection (h);
(6) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(7) by adding the following after subsection (e):
``(f) Multiple Operators.--The Secretary may select up to 5 owners
or operators under a single application for participation in a testing
program to be carried out under subsection (a).'';
(8) in subsection (i)(2)(B), by striking ``30 days'' and
inserting ``10 days''; and
(9) by adding at the end the following:
``(m) Approval Process.--The Secretary establishing and carrying
out a testing program under subsection (a) may not be considered a
major Federal action under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(n) Prohibition.--In establishing and carrying out a testing
program under subsection (a), the Secretary may not enforce any
requirement not described in this section.''.
SEC. 14. 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:
``Sec. 60144. Voluntary information-sharing system
``(a) Establishment.--The Secretary shall establish a confidential
voluntary information-sharing system, in accordance with the
recommendations provided under section 10 of the PIPES Act of 2016,
that--
``(1) is a comprehensive, systematic, and integrated
structure for--
``(A) gathering, evaluating, and quantifying
critical pipeline safety data and information; and
``(B) sharing recommended remediation measures and
lessons learned across the pipeline industry in an
efficient and confidential manner;
``(2) will encourage the voluntary sharing of pipeline
safety data and information to improve the safety of pipeline
facilities; and
``(3) may not be used in relation to the enforcement of
requirements under this chapter.
``(b) Governance.--
``(1) Governing board.--
``(A) Establishment.--Not later than 180 days after
the date of enactment of the Pipeline Safety,
Modernization, and Expansion Act of 2024, the
Administrator of the Pipeline and Hazardous Materials
Safety Administration shall appoint a governing board
for the VIS in accordance with this paragraph, after
consulting with public and private pipeline safety
stakeholders.
``(B) Composition of the board.--The governing
board shall be comprised of 15 members and shall
represent a balanced cross-section of pipeline safety
stakeholders as follows:
``(i) 5 individuals shall be
representatives of departments, agencies, or
instrumentalities of the Federal Government and
of the States and territories, one of which
shall be the Administrator.
``(ii) 5 individuals shall be
representatives of the gas or hazardous liquid
industries, such as operators, trade
associations, inspection technology, coating,
and cathodic protection vendors, and pipeline
inspection organizations.
``(iii) 5 individuals shall be
representatives of general public safety
advocacy organizations, such as pipeline safety
and environmental advocacy groups, labor and
worker safety representatives, and the general
public.
``(C) Board terms.--Each member of the governing
board shall be appointed for three years, with the
terms of five of the members expiring each year. The
term of at least one and not more than two members of
each of the three stakeholder groups established in
subparagraph (B) shall expire each year. In the initial
appointment, terms of one, two, and three years shall
be established to allow the terms of five members to
expire thereafter each year. Each member may be
reappointed for consecutive three-year terms.
``(D) Co-chairs.--The governing board shall be co-
chaired by the Administrator, who shall appoint as co-
chairs, with advice and consent of the governing board,
a member appointed under each of clauses (ii) and (iii)
of subparagraph (B). The co-chairs 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, defined as two-thirds
plus one of the governing board members, and shall have
the authority to--
``(i) govern and provide strategic
oversight of the VIS;
``(ii) develop and make public governance
documents, including a charter that describes
the scope of the authority and objectives of
the governing board;
``(iii) select a third-party data manager
with expertise in data protection, aggregation,
and analytics;
``(iv) approve the criteria and procedures
governing how the third-party data manager will
receive, secure, and accept for inclusion in
the VIS pipeline safety data and information;
``(v) establish and appoint members to the
issue analysis teams;
``(vi) collaborate with the issue analysis
teams to--
``(I) identify the issues and
topics to be analyzed by the issue
analysis teams; and
``(II) specify the type of pipeline
safety data and information that the
issue analysis teams need to analyze
such issues and topics;
``(vii) determine the information to be
accepted for inclusion in, and shared using,
the VIS;
``(viii) determine the reports to be
accepted for inclusion in, and shared using,
the VIS;
``(ix) determine which participating
entities are authorized to access information
and reports included in the VIS;
``(x) at least once per year, issue a
public report on VIS processes, membership of
the governing board, issues 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.
``(F) Federal advisory committee act
inapplicable.--The governing board shall not be subject
to the requirements of chapter 10 of title 5, United
States Code.
``(2) Program management.--The Administrator shall provide
program management and administrative support for the VIS,
including oversight of the third-party data manager.
``(3) Third-party data manager.--The third-party data
manager selected by the governing board shall provide data
management and data oversight services for the VIS, including--
``(A) receiving and securing pipeline safety data
and information submitted to the VIS;
``(B) accepting for inclusion in the VIS such
pipeline safety data and information that meets the
criteria and procedures established by the governing
board under paragraph (1)(E)(iv);
``(C) deidentifying, storing, and managing pipeline
safety data and information that is accepted for
inclusion in the VIS;
``(D) collaborating with the issue analysis teams
to analyze and aggregate pipeline safety data and
information that is accepted for inclusion in the VIS;
``(E) preparing reports as requested by the
governing board regarding the type of pipeline safety
data and information that is included in the VIS; and
``(F) making recommendations to the governing board
regarding the management of pipeline safety data and
information, as appropriate.
``(4) Issue analysis teams.--The issue analysis teams
established by the governing board shall--
``(A) consist of technical and subject matter
experts;
``(B) work with the third-party data manager to
aggregate and analyze pipeline safety data and
information submitted to the VIS that is related to
issues and topics identified by the governing board;
and
``(C) collaborate with the governing board to
identify issues and topics for analysis and submit
internal reports and recommendations to the governing
board on the identified issues and topics.
``(5) Participation.--
``(A) Voluntary participation.--No person shall be
required to participate in or submit data or
information for inclusion in the VIS.
``(B) Prohibition.--The criteria and procedures
established under paragraph (1)(E)(iv) shall prohibit
the acceptance of data or information about an operator
if the operator has not authorized the submission of
the data or information.
``(C) Sharing of information.--The governing board
shall encourage the voluntary sharing of pipeline
safety data and information among participating
entities.
``(c) Information Sharing.--Pipeline safety data and information
accepted for inclusion in the VIS shall be related to the issues and
topics identified by the governing board to be analyzed by the issue
analysis teams, including--
``(1) pipeline integrity risk analysis information;
``(2) lessons learned from accidents and near misses;
``(3) process improvements;
``(4) technology deployment practices;
``(5) information obtained through VIS pipeline safety
surveys of pipeline operator employees, provided that such
surveys are voluntarily agreed to by the pipeline operator; and
``(6) pipeline safety data and information that may lead to
the identification of pipeline safety risks, as determined by
the governing board.
``(d) Confidentiality.--
``(1) Nonpublic information.--To facilitate the sharing of
otherwise nonpublic pipeline safety data and information in the
VIS, nonpublic information accepted for inclusion in the VIS
shall be kept confidential, except as provided in paragraph
(2).
``(2) Deidentified nonpublic information.--
``(A) Safety.--The governing board may approve the
disclosure of deidentified nonpublic information
through the VIS, or by the Administrator of the
Pipeline and Hazardous Materials Safety Administration,
that the governing board in its sole discretion
determines is appropriate to disclose to improve
pipeline safety, based on analysis of the deidentified
information and any safety findings or recommendations.
``(B) Reports.--The governing board, in issuing
public reports under subsection (b)(1)(E)(x), shall
approve the disclosure of deidentified nonpublic
information through the VIS that the governing board
determines is necessary to adequately describe and
illustrate the issues and topics being investigated and
analyzed using the VIS.
``(3) Prohibition.--Except as provided in paragraph (2), no
person, including any governing board member, the third-party
data manager, any issue analysis team member, nor any Federal,
State, local, or Tribal agency, having or obtaining access to
nonpublic information accepted for inclusion in the VIS, shall
release or communicate such nonpublic information, in either an
identified or deidentified form, to any person the governing
board has not authorized to access such information.
``(e) Applicability of FOIA.--Any nonpublic information that is
accepted for inclusion in the VIS and subsequently obtained by the
Secretary or the Administrator from the VIS is exempt from the
requirements of section 552 of title 5, and specifically exempt from
release under subsection (b)(3) of such section.
``(f) Exclusions.--
``(1) Excluded evidence.--Except as provided in paragraph
(3), nonpublic information accepted for inclusion in 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 its employees
or contractors 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), nonpublic information accepted for inclusion in
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--
``(A) data or information that is evidence of a
criminal violation;
``(B) data or information not related to the
activities described in subsection (a)(1) for which the
VIS is established;
``(C) data or information 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 a successor regulation) or
required to be reported under the requirements of a
State authority; or
``(D) data or information developed or obtained
from a source other than the VIS.
``(g) No Effect on Discovery.--
``(1) In general.--Nothing in this section, nor any rule,
regulation, or amendment 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 under 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).
``(h) Reporting.--Not later than the end of each fiscal year, the
Secretary shall submit to Congress a report on the status of the VIS.
``(i) Definitions.--In this section:
``(1) Nonpublic information.--The term `nonpublic
information' means any 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.
``(2) Participating entity.--The term `participating
entity' means an entity determined appropriate by the Secretary
to submit information for inclusion in the VIS, or to be
authorized to access information and reports included in the
VIS, including--
``(A) an operator of a pipeline facility, and
related employees, labor unions, contractors, in-line
inspection service providers, and nondestructive
evaluation experts;
``(B) the Pipeline and Hazardous Materials Safety
Administration; and
``(C) a representative of a State pipeline safety
agency, a Tribal agency, a pipeline safety advocacy
group, a manufacturer of materials or equipment used in
pipeline facilities, a research or academic
institution, and other pipeline stakeholders.
``(3) Public information.--The term `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.
``(4) VIS.--The term `VIS' means the voluntary information-
sharing system established under subsection (a).''.
(b) Clerical Amendment.--The table of sections for chapter 601 of
title 49, United States Code, is amended by adding at the end the
following:
``60144.Voluntary information-sharing system.''.
SEC. 15. 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.--Each State shall adopt as a part of its
State one-call notification program 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 the State one-call
notification program to prevent common excavation damage
incidents, including limiting exemptions for--
``(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, meaning the utility,
municipality, or other entity marks the area of excavation in
positive response to the notification center and the excavator
confirms 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
(or any successor regulations);
``(13) require training for locate professionals; and
``(14) encourage 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
date of enactment of the Pipeline Safety, Modernization, and
Expansion Act of 2024, the Secretary shall submit to the
Committees on Energy and Commerce and Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report detailing--
``(A) the adoption 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 beginning after the submittal of the report under
paragraph (1), the Secretary shall submit to the Committees on
Energy and Commerce and Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report detailing--
``(A) the adoption 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.--This section shall not affect--
``(1) the eligibility of a State or State authority for a
grant or payment under section 60107 or 60134;
``(2) the requirements of section 60105 with respect to
certifications under such section; or
``(3) the requirements of section 60106 with respect to
agreements under such section.''.
(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 the State one-call notification program, as such
term is defined in section 6102, (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, including--
``(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 pipelines and other underground
facilities, of damages and near-miss events to
pipelines and other underground facilities from
excavation damages, including potential
contributing factors, facility damaged, type of
excavator, work performed, equipment type, and
State; and
``(C) performance measures to determine the
effectiveness of excavation damage prevention
efforts.''.
SEC. 16. PROTECTING FUEL CHOICE FOR CONSUMERS.
Notwithstanding the first sentence of section 60104(c)(1) of title
49, United States Code, a State or municipality may not adopt or
continue in force a law, regulation, or standard that has the effect,
directly or indirectly, of limiting or prohibiting the transportation
or distribution for sale or resale of an energy source that is sold in
interstate commerce and transported using a pipeline facility (as
defined in section 60101 of such title).
SEC. 17. MODERNIZING AND EXPANDING PIPELINES.
(a) In General.--The Commission may, if requested under subsection
(b), issue a Federal authorization under this section for--
(1) any construction, modification, expansion, inspection,
repair, or maintenance under chapter 601 of title 49, United
States Code, of any pipeline facility that is constructed, or
for which construction has commenced, prior to the date of
enactment of this Act; or
(2) the construction, modification, expansion, inspection,
repair, or maintenance of pipeline facility that has not been
constructed, or for which construction has not commenced, prior
to such date of enactment, that is to be co-located within the
boundary of a pipeline or electrical right-of-way that exists
as of such date of enactment.
(b) Request for Issuance.--A person who has filed for a Federal
authorization from a relevant permitting entity may request that the
Commission issue the Federal authorization under this section if the
relevant permitting entity--
(1) notifies the person and the Commission that it waives
its authority to issue the Federal authorization; or
(2) does not complete a proceeding that is required for the
Federal authorization by the date that is 1 year after the date
on which the person filed for the Federal authorization.
(c) Issuance.--
(1) Requirements.--Pursuant to a request under subsection
(b), the Commission--
(A) shall consider the request and publish a
decision whether to issue the Federal authorization
under this section; and
(B) may issue a Federal authorization under this
section only after notice and opportunity for a hearing
and in accordance with the Federal law under which the
Federal authorization is required.
(2) Effect.--A Federal authorization issued under this
section shall be deemed to have been issued under the Federal
law under which the Federal authorization is required.
(d) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Commission shall issue a final rule
establishing procedures to carry out this section (which may not
include any changes to any regulatory requirement in effect on the date
of enactment of this Act relating to any authority of the Commission
under any other provision of law).
(e) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' means any authorization required under Federal
law in connection with an application for the construction,
modification, expansion, inspection, repair, or maintenance of
a pipeline facility, including a permit, special use
authorization, certification, opinion, or other approval
(including a any authorization required pursuant to a general
permit).
(3) Pipeline facility.--The term ``pipeline facility'' has
the meaning given that term in section 60101 of title 49,
United States Code.
(4) Relevant permitting entity.--The term ``relevant
permitting entity'' means, with respect to a Federal
authorization--
(A) the Federal agency with statutory authority to
issue the Federal authorization; or
(B) a State in which the applicable pipeline
facility is to be constructed, modified, or expanded,
to which authority to issue the Federal authorization
has been delegated by the Federal agency described in
subparagraph (A).
SEC. 18. REGULATORY UPDATES.
(a) Reports.--
(1) In general.--The Secretary of Transportation shall
submit reports to the Committees on Energy and Commerce and
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding the status of a final
rule for each outstanding regulation.
(2) Deadlines.--The Secretary shall submit a report under
this subsection not later than 120 days after the date of
enactment of this Act, and every 90 days thereafter until a
final rule has been issued for each outstanding regulation
described in subsection (c)(2)(A).
(b) Contents.--The Secretary shall include in each report submitted
under subsection (a)--
(1) a description of the work plan for each outstanding
regulation;
(2) an updated rulemaking timeline for each outstanding
regulation;
(3) current staff allocations with respect to each
outstanding regulation;
(4) any resource constraints affecting the rulemaking
process for each outstanding regulation; and
(5) any other details associated with the development of
each outstanding regulation that affect the progress of the
rulemaking process.
(c) Outstanding Regulation Defined.--In this section, the term
``outstanding regulation'' means a regulation relating to pipeline
safety--
(1) for which no final rule, including an interim final
rule or direct final rule, has been issued; and
(2) that--
(A) is required under any law for which more than 2
years have passed since the statutory deadline for the
regulation; or
(B) is being developed under an authority not
described in subparagraph (A), and is considered to be
a significant regulatory action under Executive Order
12866.
SEC. 19. CLASS LOCATION CHANGES.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Transportation shall issue 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.
SEC. 20. 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--
(1) review 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; and
(2) amend such safety standards to allow for risk-based
inspections if the Secretary determines that allowing risk-
based inspections will achieve an equivalent level of safety to
the level of safety required under such part 195, relating to
the internal inspection of the bottoms of in-service breakout
tanks, as in effect on the date of enactment of this Act.
(b) Consideration.--In amending the safety standards under
subsection (a), the Secretary shall consider the 5th edition of
standard 653 published by the American Petroleum Institute issued in
November 2014 titled ``Tank Inspection, Repair, Alteration, and
Reconstruction''.
SEC. 21. 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 through the National Center of Excellence for Liquefied
Natural Gas Safety to clarify the authority of covered 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
representatives of covered agencies designated by the Secretary
of Transportation or the head of a covered agency.
(2) Chair.--The Administrator of the Pipeline and Hazardous
Materials Safety Administration, or a designee of the
Administrator, shall serve as the Chair of the Working Group,
unless another member of the Working Group is selected by
unanimous consent of the members 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 requirements described in subsection
(c).
(c) Evaluation.--
(1) In general.--The Working Group shall evaluate the
authorities of each covered agency 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 the
terms of agreements or memorandums between each covered agency
pursuant to subsection (d) to establish procedures for--
(A) the application of the respective authorities
of each Federal agency in a manner that ensures,
through effective regulation, that LNG facilities are
safe and in the public interest;
(B) resolving conflicts concerning overlapping
jurisdiction among the covered agencies; and
(C) avoiding, to the extent possible and if
appropriate, conflicting or duplicative regulation,
inspection protocols, and reporting obligations between
the covered agencies.
(d) Interagency Agreements and Memorandums of Understanding.--Not
later than 2 years after the date of enactment of this Act, the covered
agencies shall enter into interagency agreements or memorandums of
understanding with respect to best practices and individual agency
safety oversight and enforcement responsibilities regarding LNG
facilities, other than peak shaving facilities.
(e) Report to Congress.--Not later than 1 year after the date on
which the covered agencies enter into agreements or memorandums under
subsection (d), the Secretary of Transportation shall submit to the
Committee on Energy and Commerce and the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on such
agreements or memorandums entered into and how such agreements or
memorandums have contributed to the improved safety and enforcement
oversight coordination of LNG facilities.
(f) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means each
of the following:
(A) The Pipeline and Hazardous Materials Safety
Administration.
(B) The Federal Energy Regulatory Commission.
(C) The Department of Energy.
(D) The Occupational Safety and Health
Administration.
(E) The Coast Guard.
(2) LNG.--The term ``LNG'' means liquefied natural gas.
(3) Working group.--The term ``Working Group'' means the
Liquefied Natural Gas Regulatory Safety Working Group
established under subsection (a).
SEC. 22. HYDROGEN STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on existing gas pipeline facilities that transport a
gas blend, containing greater than 5 percent hydrogen by volume, to
identify the changes that operators have implemented to such gas
pipeline facilities in order to transport such a gas blend safely.
(b) Additional Contents.--The study under subsection (a) shall
include--
(1) an identification of any technical challenges with
repurposing existing natural gas pipeline infrastructure to
allow such natural gas pipeline infrastructure to be used for
distributing gas blends described in subsection (a); and
(2) an examination of the changes made by international
operators to gas pipeline facilities to transport gas blends
described in subsection (a) safely, including changes made to
pipeline facilities in the United Kingdom, Canada, Europe,
Australia, and Hong Kong.
(c) Considerations.--In conducting the study under subsection (a),
the Comptroller General shall consider--
(1) changes that domestic and international operators of
gas pipeline facilities have implemented to safely transport a
gas blend described in subsection (a), including changes to
odorants and leak-detection methods, pipeline materials,
metering, and operational standards used by such operators to
account for the operation and integrity of gas pipeline
facilities; and
(2) how such operators have taken into account the effect
of transporting a gas blend described in subsection (a) on gas
pipeline facility infrastructure, including--
(A) gas pipeline facility materials, including cast
iron, steel, composite pipe, and plastic pipe; and
(B) components of a gas pipeline facility,
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
Energy and Commerce and the Committee on Transportation and
Infrastructure 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 Secretary of Transportation may consider the
results of the study under subsection (a) in issuing any final rule
related to the transportation of a gas blend that contains greater than
5 percent hydrogen by volume.
(f) Statutory Construction.--Nothing in this section shall be
construed to prohibit or otherwise limit the authority of the Secretary
of Transportation to issue a final rule relating to the transportation
of a gas blend that contains greater than 5 percent hydrogen by volume
prior to the submission of the report under subsection (d).
(g) Gas Pipeline Facility Defined.--In this section, the term ``gas
pipeline facility'' has the meaning given such term in section 60101 of
title 49, United States Code.
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