Both the Senate and the House now have bills in varying stages of review for reauthorization of the Pipeline Safety Act, which expires at the end of September. There are some notable differences in the bills, reflecting the Democratic majority in the House and the Republican majority in the Senate. Neither bill has been put before the entire chamber for a vote. If they do progress further, it remains to be seen how the bills will ultimately be reconciled.
As illustrated in the table below, there is currently very little overlap between the two bills beyond the fact that they would both fund PHMSA through 2023. H.R. 3432 focuses on changes to civil penalties, criminal liability, rulemaking requirements such as eliminating cost benefit analysis, expanded public awareness and community right to know information, specific valve requirements as well as rules and a study intended to limit direct assessment. In contrast, S. 2299 would require PHMSA to finalize a gas gathering rule within 90 days, require various rulemakings for distribution pipelines borrowed from H.R. 2139/S. 1097, the (original) Leonel Rondon Pipeline Safety Act, updates to LNG regulations, a definition of “idled pipeline” and rulemaking, procedural clarifications and additional options for contesting PHMSA enforcement actions, and voluntary incentive programs.
It is difficult to predict how the differences between these two bills will be resolved, but at this point the provisions in the Senate bill may have more bipartisan support overall. That said, it remains to be seen whether other aspects of the Department of Transportation’s legislative proposal will be picked up, or if any new issues will arise. The deadline to reauthorize the Pipeline Safety Act and continue funding PHMSA expires on September 30, 2019. Given the status and the fact that Congress recesses for the month of August, it may be unlikely to meet that deadline.
Pipeline Safety Act Reauthorization 2019
Comparison of House and Senate Committee Bills
| Topic |
H.R. 3432, The Safer Pipelines Act of 2019 House Energy & Commerce Committee Bill |
S. 2299, PIPES Act of 2019 Senate Commerce Committee Bill |
| Cost Benefit Analysis | Remove CBA analysis requirement for rulemaking | ___ |
| Funding/Staffing | $160M to $175M for FY 2020-2023 |
$147M to $159M for FY-2020-2023 Report on inspector training and staff needs |
| Reporting | Adds more state and local requirements | ___ |
| Operation & Maintenance | Requires automatic or remote shutoff valves on transmission lines in HCAs based on a risk assessment “as appropriate” within 2 years (unless PHMSA rulemaking requires the same or equivalent technology) |
___ |
| Integrity Management | Rules to prioritize integrity assessment methods over direct assessment for transmission pipelines; DOT report on alternate methods of assessment for distribution pipelines |
___ |
| Public Awareness | Expands community right to know and planning; requires operators to review/update existing plans |
___ |
| Access to Information | Requires greater access to IMP and emergency response plans and system maps; annual pipeline segment reports | ___ |
| Civil Penalties | Increases maximum penalties for a “related series of violations” to $2M | ___ |
| Criminal Liability | Revises criminal liability standard to include violations committed “knowingly or recklessly” | ___ |
| Public Right to Sue | Adds a “mandamus” provision allowing any party to compel PHMSA to perform a nondiscretionary duty |
___ |
| Gas Gathering Pipelines |
___ |
90 day deadline for completion of gas gathering pipeline rulemaking; GAO study/report on gathering line design and material data collection and mapping |
| Distribution Pipelines |
___ |
“Title II, Leonel Rondon Pipeline Safety Act”
|
| LNG Facilities |
___ |
Part 193 siting compliance review fees for ≥ $2.5B; update Part 193; national center for LNG safety and training |
| Due Process in Enforcement Actions | ___ | Option for formal ALJ hearing; open to the public; expressly allowance for settlement; declaratory orders; make recommended decision available |
| Idled Pipelines | ___ | Defines idled pipe and requires regulations for managing/inspecting |
| Voluntary Incentives | ___ | Safety-enhancing testing programs; technologies; self-disclosure and correction of violations as civil penalty factor |