[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2905 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2905
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18 (legislative day, September 16), 2025
Mr. Markey (for himself, Ms. Duckworth, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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.
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
Accountability Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SAFETY AND ENVIRONMENTAL PROTECTIONS
Sec. 101. Factors for consideration in prescribing standards.
Sec. 102. Cost-benefit analyses.
Sec. 103. Technical safety standards committees.
Sec. 104. Application of regulations to existing pipelines.
Sec. 105. Rupture-mitigation valves on pipelines in high consequence
areas.
Sec. 106. Safety of carbon dioxide pipelines.
Sec. 107. Blending in natural gas systems.
Sec. 108. Extension and modification of Natural Gas Distribution
Infrastructure Safety and Modernization
Grant Program.
Sec. 109. Rulemaking on underground natural gas storage.
TITLE II--PUBLIC ENGAGEMENT AND TRANSPARENCY
Sec. 201. Office of Public Engagement.
Sec. 202. Public hearings on proposed rules.
Sec. 203. Disclosure of safety data.
Sec. 204. Reporting of blended products.
Sec. 205. Incident reporting for gas pipelines.
TITLE III--ACCOUNTABILITY
Sec. 301. Prohibition against releases.
Sec. 302. Actions by private persons.
Sec. 303. Penalties.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Pipeline and Hazardous Materials Safety Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(3) Environment.--The term ``environment'' includes--
(A) water, air, and land; and
(B) the interrelationship that exists among and
between water, air, and land and all present and future
generations of living beings.
(4) Environmental.--The term ``environmental'' means
relating to or concerning the environment.
(5) Incident.--The term ``incident'' has the meaning given
the term in section 191.3 of title 49, Code of Federal
Regulations (or a successor regulation).
(6) Natural gas.--The term ``natural gas'' has the meaning
given the term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, acting through the Administrator of the
Administration.
TITLE I--SAFETY AND ENVIRONMENTAL PROTECTIONS
SEC. 101. FACTORS FOR CONSIDERATION IN PRESCRIBING STANDARDS.
(a) In General.--Section 60102(b)(2) of title 49, United States
Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(H) the need to mitigate negative impacts to the
global climate and avoid unnecessarily prolonging the
life span of fossil fuel infrastructure; and
``(I) transition plans toward non-emitting
alternatives.''.
(b) Definition.--
(1) In general.--Section 60101(a) of title 49, United
States Code, is amended--
(A) in paragraph (25), by striking ``and'' at the
end;
(B) in paragraph (22)(B)(iii), by inserting ``and''
after the semicolon at the end;
(C) by redesignating paragraphs (17) through (26)
as paragraphs (18), (19), (20), (24), (25), (26), (21),
(22), (23), and (27), respectively, and moving the
paragraphs so as to appear in numerical order; and
(D) by inserting after paragraph (16) the
following:
``(17) `non-emitting alternative' means a technological or
efficiency-related energy solution that does not entail the use
of fossil fuels that are directly or indirectly related to the
greenhouse effect, including electrification, renewable energy
sources, networked geothermal systems, storage, efficiency, and
behavior change;''.
(2) Conforming amendments.--
(A) Section 70012(c) of title 46, United States
Code, is amended by striking ``section 60101(a)(18)''
and inserting ``section 60101(a)''.
(B) Section 60102(q)(1) of title 49, United States
Code, is amended, in the matter preceding subparagraph
(A), by striking ``subsection (a)(21)'' and inserting
``subsection (a)(25)''.
SEC. 102. COST-BENEFIT ANALYSES.
Section 60102(b) of title 49, United States Code (as amended by
section 101), is amended--
(1) in paragraph (2)--
(A) by striking subparagraphs (D) and (E); and
(B) by redesignating subparagraphs (F) through (I)
as subparagraphs (D) through (G), respectively; and
(2) by striking paragraphs (3) through (7).
SEC. 103. TECHNICAL SAFETY STANDARDS COMMITTEES.
(a) In General.--Section 60115 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking the third sentence;
(2) in subsection (b)(4)--
(A) in subparagraph (C)--
(i) by striking the second and third
sentences and inserting the following:
``(ii) None of the individuals selected for a committee under
paragraph (3)(C) may have a financial interest in the pipeline,
petroleum, ethanol, or gas industries, including through direct
ownership, consulting fees, wages, or research funding provided
directly to the individual, but not including any compensation for a
pipeline easement on the property of the individual.''; and
(ii) by striking ``(C) Two'' and inserting
the following:
``(C)(i) Two''; and
(B) by striking subparagraph (D) and inserting the
following:
``(iii) All individuals under consideration for selection for a
committee under paragraph (3)(C) shall submit to the Secretary such
financial records for the previous year as the Secretary determines
necessary to evaluate compliance with clause (ii). All individuals
selected for a committee under paragraph (3)(C) shall submit to the
Secretary, prior to appointment and annually thereafter for so long as
the individual is a member of the committee, such financial records for
the previous year as the Secretary determines necessary to evaluate
compliance with clause (ii).
``(iv) The Secretary shall provide reasonable compensation for
members of each committee that are appointed under paragraph (3)(C).
Such compensation shall not make a member of a committee an officer or
employee of the Federal Government in determining eligibility for
membership on the applicable committee.''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``Committee each standard proposed under this
chapter for transporting gas and for gas
pipeline facilities including the risk
assessment information and other analyses
supporting each proposed standard;'' and
inserting the following: ``Committee--
``(i) each standard proposed under this chapter
for--
``(I) transporting gas; or
``(II) gas pipeline facilities; and
``(ii) analyses supporting each proposed standard
described in clause (i);''; and
(ii) in subparagraph (B), by striking
``Committee each standard proposed under this
chapter for transporting hazardous liquid and
for hazardous liquid pipeline facilities
including the risk assessment information and
other analyses supporting each proposed
standard.'' and inserting the following:
``Committee--
``(i) each standard proposed under this chapter
for--
``(I) transporting hazardous liquid; or
``(II) hazardous liquid pipeline
facilities; and
``(ii) analyses supporting each proposed standard
described in clause (i).''; and
(B) in paragraph (2), in the first sentence--
(i) by striking ``cost-effectiveness,'';
and
(ii) by inserting ``, and the strength of
the proposed standard to promote safety and
protect the environment (as defined in section
2 of the Pipeline Accountability Act of
2025),'' before ``and include''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section and
the amendments made by this section.
SEC. 104. APPLICATION OF REGULATIONS TO EXISTING PIPELINES.
(a) In General.--Section 60104(b) of title 49, United States Code,
is amended--
(1) in the subsection heading, by striking
``Nonapplication'' and inserting ``Application'';
(2) by striking ``does not apply'' and inserting ``shall be
applied''; and
(3) by adding at the end the following: ``The authority of
the Secretary to apply any standard promulgated pursuant to
this chapter (including any standard promulgated prior to the
date of enactment of the Pipeline Accountability Act of 2025)
shall not be limited by virtue of a pipeline preexisting the
issuance of that standard.''.
(b) Conforming Amendment.--Section 60109(c) of title 49, United
States Code, is amended--
(1) by striking paragraph (11); and
(2) by redesignating paragraph (12) as paragraph (11).
SEC. 105. RUPTURE-MITIGATION VALVES ON PIPELINES IN HIGH CONSEQUENCE
AREAS.
Section 60109(c) of title 49, United States Code (as amended by
section 104(b)(2)), is amended by adding at the end the following:
``(12) Rupture-mitigation valves on pipelines in high
consequence areas.--
``(A) Definitions.--
``(i) Class 3 or 4 location.--The term
`Class 3 or 4 location', with respect to a gas
pipeline facility, means, as applicable--
``(I) a Class 3 location (as
defined in section 192.5(b) of title
49, Code of Federal Regulations (or a
successor regulation)); or
``(II) a Class 4 location (as
defined in that section).
``(ii) Covered location.--The term `covered
location' means--
``(I) a high consequence area; and
``(II) a location where a rupture
could affect--
``(aa) a high consequence
area; or
``(bb) a Class 3 or 4
location.
``(iii) Covered pipeline.--The term
`covered pipeline' means an existing or newly
constructed pipeline, 6 inches or greater in
diameter, that is--
``(I) a gas transmission pipeline;
``(II) a type A onshore gathering
pipeline (as described in section
192.8(c) of title 49, Code of Federal
Regulations (or a successor
regulation));
``(III) a hazardous liquid
pipeline; or
``(IV) a carbon dioxide pipeline.
``(iv) High consequence area.--The term
`high consequence area' means--
``(I) with respect to a gas
pipeline facility, a high consequence
area (as defined in section 192.903 of
title 49, Code of Federal Regulations
(or a successor regulation)); and
``(II) with respect to a hazardous
liquid pipeline facility or relevant
carbon dioxide pipeline facility, a
high consequence area (as defined in
section 195.450 of title 49, Code of
Federal Regulations (or a successor
regulation)).
``(B) Isolation of pipeline segments.--Beginning on
the date that is 5 years after the date of enactment of
the Pipeline Accountability Act of 2025, an operator of
a covered pipeline any portion of which is in a covered
location shall, as soon as practicable, but not later
than 30 minutes after rupture identification, fully
isolate any ruptured pipeline segment that is in a
covered location, in order to minimize the volume of
product released from the pipeline and mitigate the
consequences of the rupture.
``(C) Demonstration of compliance.--
``(i) Existing pipelines in covered
locations.--Not later than 5 years after the
date of enactment of the Pipeline
Accountability Act of 2025, each operator of a
covered pipeline any portion of which is in a
covered location as of that date of enactment
shall demonstrate the ability of the operator
to comply with the requirements of subparagraph
(B).
``(ii) Subsequent determinations.--
Beginning on the date of enactment of the
Pipeline Accountability Act of 2025, not later
than 5 years after an existing covered pipeline
is determined to be in a covered location, the
operator of that covered pipeline shall
demonstrate the ability of the operator to
isolate the applicable segment of the covered
pipeline not later than 30 minutes after
rupture identification, in accordance with
subparagraph (B), unless the operator has
received a waiver in accordance with
subparagraph (D) with respect to the applicable
segment that is in effect on the expiration of
that 5-year period.
``(D) Waiver on request.--The Secretary may approve
a waiver of the requirements of subparagraphs (B) and
(C) on the request of an operator of a covered pipeline
if the request--
``(i)(I) demonstrates, in the determination
of the Secretary, that meeting the 30-minute
standard described in subparagraph (B) is
operationally, technologically, or economically
infeasible; and
``(II) describes the methodology used to
reach, and the results of studies supporting,
that conclusion;
``(ii)(I) includes the estimated--
``(aa) isolation time; and
``(bb) consequences of a worst-case
scenario failure on the impacted high
consequence area or Class 3 or 4
location; and
``(II) demonstrates that the operator has
involved the local emergency services in
developing those estimates;
``(iii) demonstrates that the public within
the impacted area and the immediately
surrounding areas has been informed of the
consequences of a rupture and consulted with
respect to a waiver, including by providing the
estimated isolation time; and
``(iv) for a pipeline segment for which a
rupture could affect a high consequence area
that is an unusually sensitive area (as defined
in section 195.6 of title 49, Code of Federal
Regulations (or a successor regulation)),