What changed between these versions
v3 introduces several substantive changes, primarily updating reauthorization amounts and fiscal years across various pipeline safety programs, and adding new provisions for nonemergency waivers and distribution integrity management plans related to weather events. It also modifies enforcement procedures to include formal hearings for large civil penalties and refines stakeholder engagement for rulemaking activities.
Overview
A significant number of changes are present, including several new sections and numerous modifications to existing provisions. · v3 expands certain program authorities and funding, clarifies procedural requirements, and refines definitions and review scopes, generally enhancing and streamlining pipeline safety regulations and oversight.
The most prominent changes in v3 involve updating the reauthorization amounts and fiscal years for gas and hazardous liquid programs, as well as other pipeline safety initiatives, extending these authorizations through fiscal year 2030. New provisions are added to establish deadlines for pipeline safety information grants, mandate review of distribution integrity management plans for weather risks, and formalize nonemergency waiver processes. Additionally, enforcement procedures are strengthened with new hearing options for high civil penalties, and the scope of stakeholder engagement and review processes is refined. Many other sections remain unchanged, maintaining the core structure and intent of the bill.
Major additions
These new paragraphs extend the authorization of appropriations for gas and hazardous liquid programs, including specific amounts for grants and for carrying out Section 12 of the Pipeline Safety Improvement Act of 2002, for fiscal years 2029 and 2030.
This addition provides continued and increased funding for critical pipeline safety initiatives for an additional two fiscal years, ensuring long-term financial support for the Pipeline and Hazardous Materials Safety Administration's operations and grant programs.
This new subsection establishes specific deadlines for the Secretary to publish notices of funding opportunities, for eligible applicants to submit applications, and for the Secretary to announce grant selections for Pipeline Safety Information Grants to Communities.
This addition introduces a structured timeline for the grant application and award process, aiming to improve efficiency and transparency for communities seeking funding for pipeline safety information programs. It ensures timely access to funds for eligible applicants.
This new subsection specifies that the provision allowing formal hearings for civil penalties over $1,000,000 (Section 60117(b)(1)(K) of title 49, United States Code) shall apply only to violations that occur on or after the date of enactment of this Act.
This addition clarifies the applicability of the new enforcement procedure, ensuring that the enhanced due process for significant civil penalties is not applied retroactively, providing legal certainty for pipeline operators.
This new subsection requires the Secretary to review distribution integrity management plans (DIMP) for pipelines at increased risk of applicable weather events to ensure operators are mitigating these effects for public safety.
This addition mandates a specific review focused on the resilience of natural gas pipelines to severe weather, enhancing public safety by ensuring that operators proactively address weather-related risks in their DIMP plans. This is particularly significant given recent extreme weather events.
This new section amends Section 60118(c) of title 49, United States Code, to clarify the process for nonemergency waivers. It requires the Secretary to act on waiver applications within 180 days or provide notifications for additional time, and mandates public posting of reasons for granting or denying waivers.
This addition streamlines and increases transparency in the nonemergency waiver process for pipeline operators, providing clear timelines for agency action and public accountability for decisions. This could expedite the adoption of new technologies or operational practices.
Modifications
This provision extends the authorization period for the program but reduces the annual funding by $1,000,000, impacting the resources available for this specific pipeline safety initiative in future years.
Before
Authorized $8,000,000 for each of fiscal years 2021 through 2023 for a specific program under Section 60125(a)(3).
After
Authorizes $7,000,000 for each of fiscal years 2026 through 2030 for the same program under Section 60125(a)(3).
This modification extends the authorization for Emergency Response Grants for an additional seven fiscal years (2026-2030) at the same annual funding level, ensuring continued support for emergency preparedness and response activities for pipeline incidents.
Before
Authorized $10,000,000 for each of fiscal years 2021 through 2023 for Emergency Response Grants under Section 60125(b)(2).
After
Authorizes $10,000,000 for each of fiscal years 2026 through 2030 for Emergency Response Grants under Section 60125(b)(2).
This modification substantially increases the authorized funding for Pipeline Safety Information Grants to Communities over the 2026-2030 period, providing more resources for public engagement and information sharing on pipeline safety, benefiting communities near pipelines.
Before
Authorized $2,000,000 for each of fiscal years 2021 through 2023 for Pipeline Safety Information Grants to Communities under Section 60130(c)(1), and $1,000,000 (without specific fiscal years) for Section 60130(c)(2).
After
Authorizes increasing amounts for Pipeline Safety Information Grants to Communities under Section 60130(c)(1) from $2,000,000 in FY2026 to $4,000,000 in FY2030, and for Section 60130(c)(2) from $1,000,000 in FY2026 to $2,000,000 in FY2030.
This modification doubles the annual funding for Damage Prevention Programs and extends the authorization through FY2030, significantly increasing resources for initiatives aimed at preventing excavation damage to pipelines, which enhances overall pipeline safety.
Before
Authorized $1,500,000 for each of fiscal years 2021 through 2023 for Damage Prevention Programs under Section 60134(i).
After
Authorizes $3,000,000 for each of fiscal years 2026 through 2030 for Damage Prevention Programs under Section 60134(i).
This modification extends the authorization for the Pipeline Integrity Program but reduces the annual funding by $500,000, potentially impacting the scope or pace of integrity management research and development.
Before
Authorized $3,000,000 for fiscal years 2021 through 2023 for the Pipeline Integrity Program under Section 12(f) of the Pipeline Safety Improvement Act of 2002.
After
Authorizes $2,500,000 for fiscal years 2026 through 2030 for the Pipeline Integrity Program under Section 12(f) of the Pipeline Safety Improvement Act of 2002.
These changes enhance due process rights for pipeline operators facing significant civil penalties by providing access to formal administrative law judge hearings. They also increase transparency for the public regarding enforcement actions and hearings, affecting both operators and public interest groups.
Before
Enforcement procedures under Section 60117(b)(1) did not explicitly provide for formal hearings for high civil penalties or require public notice of hearings.
After
Section 60117(b)(1) is amended to allow respondents to request a formal hearing for civil penalties over $1,000,000 (adjusted for inflation) and requires a written response to requests for withdrawal or modification of warnings. Section 60117(b)(2) is amended to require public notice of hearings on the PHMSA website and open formal hearings to the public.
Expanding the assessment to hazardous liquids ensures a broader safety evaluation for composite materials across different pipeline types. Extending the rulemaking deadline provides the Administrator more time to develop comprehensive regulations, potentially delaying the adoption of composite materials for new fuels but allowing for more thorough consideration.
Before
The assessment of composite materials focused on natural gas, natural gas liquids, and new fuels/fluids. The rulemaking deadline was 180 days after the report submission.
After
The assessment of composite materials now explicitly includes 'hazardous liquids'. The rulemaking deadline is extended to 1 year after the report submission.
Broadening consultation for the Governing Board ensures a wider range of perspectives in VIS governance. Explicitly including government agencies in confidentiality prohibitions strengthens data protection for submitted nonpublic information. Updating the funding period ensures continued financial support for the VIS's establishment and operation, impacting its long-term viability.
Before
The Governing Board for the VIS was established after consulting public and private stakeholders. The prohibition on information release did not explicitly list Federal, State, local, or Tribal agencies. Additional funding was authorized for FY2024-2027.
After
The Governing Board for the VIS is now established after consulting public, government, and private stakeholders. The prohibition on information release explicitly includes Federal, State, local, or Tribal agencies. Additional funding is authorized for FY2026-2030.
Extending the review period by two years provides operators with more time to implement and gather data on alternative rights-of-way maintenance methods before evaluation, potentially delaying feedback on their safety impacts.
Before
The Inspector General review of alternative rights-of-way maintenance methods was to be initiated 3 years after enactment.
After
The Inspector General review of alternative rights-of-way maintenance methods is to be initiated 5 years after enactment.
This modification clarifies that the intent is to maintain the representation of various stakeholder groups on the working group, rather than requiring the exact same individuals, ensuring continuity of expertise and perspective in developing recommendations for pipeline pressure records.
Before
The maximum allowable operating pressure working group was to be composed of 'the members of the working group as of January 1, 2025'.
After
The maximum allowable operating pressure working group is to be composed of 'the members representing the same stakeholders of the working group as of January 1, 2025'.
Removing 'and Update' from the heading suggests that the review of the potential impact radius methodology is not necessarily tied to a mandatory update, potentially allowing the Secretary more discretion in whether to revise the methodology after review.
Before
The subsection heading was 'Review and Update of Methodology'.
After
The subsection heading is changed to 'Review of Methodology'.
This modification ensures that the Secretary's review of weather effects on natural gas pipelines specifically considers the impacts of these two significant winter storms, potentially leading to more targeted safety recommendations and regulatory updates based on lessons learned from those events.
Before
The definition of 'applicable weather event' included a general reference to 'major disaster' weather-related events.
After
The definition of 'applicable weather event' now explicitly includes 'the February 2021 winter storm known as "Winter Storm Uri"' and 'the December 2022 winter storm known as "Winter Storm Elliott"' in addition to general major disaster events.
The clarified definition of 'outstanding mandate' provides greater precision for tracking regulatory requirements. Expanding travel restrictions to include the Deputy Administrator increases accountability within the Administration for meeting regulatory deadlines.
Before
The definition of 'outstanding mandate' was a single sentence. Travel restrictions for non-compliance applied to the Administrator.
After
The definition of 'outstanding mandate' is restructured into a two-paragraph format for clarity. Travel restrictions for non-compliance now also apply to 'the Deputy Administrator'.
This modification broadens the definition of 'pipeline stakeholder groups' but removes explicit mention of 'the public' for predrafting engagement. This could shift the focus of early-stage rulemaking discussions towards industry and certified state programs, potentially affecting public input at the earliest stages.
Before
The Sense of Congress encouraged engagement with 'pipeline stakeholder groups' and 'the public' during predrafting stages of rulemaking.
After
The Sense of Congress encourages engagement with 'a broad range of pipeline stakeholder groups' and removes 'the public' from the groups to engage with during predrafting stages.
This modification shifts the focus of the Inspector General's review from general emergency response plans to specific oil spill response plans, which are more detailed and tailored to hazardous liquid spills. This change ensures a more relevant and targeted evaluation of preparedness for diluted bitumen incidents, directly impacting operators of hazardous liquid pipelines.
Before
The Inspector General review focused on 'emergency response plans required under section 60102(d)(5) of title 49, United States Code' for operators transporting diluted bitumen oil.
After
The Inspector General review now focuses on 'oil spill response plans required under part 194 of title 49, Code of Federal Regulations (or successor regulations)' for operators transporting diluted bitumen oil.
Removing 'utility bill inserts' from the list of suggested outreach methods might slightly reduce the diversity of communication channels used by the Office of Public Engagement, potentially affecting how some communities receive pipeline safety information.
Before
Outreach methods for the Office of Public Engagement included 'utility bill inserts'.
After
Outreach methods for the Office of Public Engagement no longer explicitly include 'utility bill inserts'.
Removing the specific cross-reference streamlines the description of the review's scope, potentially broadening the interpretation of 'establishing communication' without being tied to a single statutory provision, which could offer more flexibility in how communication protocols are evaluated.
Before
The review of 'confirmed discovery' definition included its use for 'establishing communication with first responders and other relevant public officials as described in section 60102(r)(1) of title 49, United States Code'.
After
The review of 'confirmed discovery' definition removes the specific cross-reference 'as described in section 60102(r)(1) of title 49, United States Code' regarding communication with first responders.
Removing 'and appropriate guidance' from the alerts might streamline the initial emergency message but could mean follow-up guidance is provided separately. Adding Section 60138 to the relevant response plans ensures that operators' integrity management plans for gas transmission and hazardous liquid pipelines are also considered in public alert coordination, enhancing comprehensive emergency preparedness.
Before
The public alert notification system was to issue 'emergency alerts and appropriate guidance'. Emergency response plans were maintained under Section 60102(d)(5).
After
The public alert notification system is to issue 'emergency alerts'. Emergency response plans are now maintained under Sections 60102(d)(5) and 60138 of title 49, United States Code.
This modification clarifies that the 12.5 percent cap on awards to a single utility applies per fiscal year, rather than over the entire program duration. This allows a single utility to potentially receive more than 12.5% of the total program funds over multiple fiscal years, providing greater flexibility for larger, multi-year projects.
Before
The Secretary could not award more than 12.5 percent of the total amount available to a single eligible utility.
After
The Secretary may not award more than 12.5 percent of the total amount available 'in a single fiscal year' to a single eligible utility.
Scope
Meaningful expansion or narrowing — Changes are scattered throughout the bill, affecting multiple titles and sections, including reauthorizations, pipeline safety modernization, oversight, and emergency response. — v3 represents a refinement and enhancement of existing policy directions, with a focus on updated funding, clarified procedures, increased transparency, and targeted safety measures, rather than a fundamental shift in policy. — The changes primarily modify specific provisions and their direct impacts, but some, like the updated definition of 'applicable weather event' or the expanded scope of response plans, could have broader implications for how various pipeline safety regulations are interpreted and applied across the industry.
Impact analysis
Pipeline and Hazardous Materials Safety Administration (PHMSA)
PHMSA receives updated financial resources and clearer procedural mandates, but also faces increased accountability and stricter deadlines for administrative actions.
PHMSA's reauthorization funding is updated and extended through FY2030, with some programs seeing increased funding and others a slight reduction. New procedural deadlines for grants and waivers are introduced, and accountability for meeting regulatory deadlines is expanded to include the Deputy Administrator.
Pipeline operators (gas and hazardous liquid)
Operators gain enhanced due process and more predictable administrative timelines, but also face new or clarified regulatory expectations, particularly concerning weather resilience and the use of composite materials.
Operators face updated reauthorization fees, new due process rights for civil penalties over $1M, extended timelines for certain reviews (e.g., Inspector General review of rights-of-way), and clarified nonemergency waiver processes. They also have new requirements for DIMP plan reviews related to weather events and potentially broader assessments for composite materials.
Communities near pipelines
Communities benefit from increased funding opportunities and more structured access to grants for pipeline safety information, potentially leading to better local preparedness and awareness. However, explicit public engagement in early rulemaking stages is removed, which might alter their input channels.
Funding for Pipeline Safety Information Grants to Communities is significantly increased for later fiscal years, and deadlines for grant processes are established. The scope of public engagement in rulemaking is refined, and public alert notification systems are clarified.
State pipeline safety programs
State programs receive significantly increased financial resources and a clearer mandate for damage prevention and emergency response coordination, enhancing their capacity to ensure pipeline safety within their jurisdictions.
Damage Prevention Programs receive doubled annual funding, and their role in coordinating public alert notification systems is reinforced. Their input on the VIS Governing Board is also explicitly included.
Emergency responders (State, local, Tribal)
Emergency responders benefit from more relevant reviews of oil spill response plans and clearer guidance for utilizing public alert systems, which can improve their effectiveness during pipeline emergencies.
The review of oil spill response plans is more targeted to their needs, and the public alert notification system guidance is clarified to assist coordination with these entities.