H.R. 6494 — what changed

“(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—

“(A) $181,400,000 for fiscal year 2024, of which—

“(i) $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

“(ii) $73,000,000 shall be used for making grants;

“(B) $189,800,000 for fiscal year 2025, of which—

“(i) $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

changed “(ii) $75,000,000 shall be used for making grants; andgrants;

“(C) $198,200,000 for fiscal year 2026, of which—

“(i) $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

changed “(ii) $77,000,000 shall be used for making grants;grants; and

“(D) $206,600,000 for fiscal year 2027, of which—

“(i) $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

“(ii) $79,000,000 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—

“(A) $30,000,000 for fiscal year 2024, of which—

“(i) $2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and

“(ii) $11,000,000 shall be used for making grants;

“(B) $30,500,000 for fiscal year 2025, of which—

“(i) $2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and

changed “(ii) $11,500,000 shall be used for making grants; andgrants;

“(C) $31,000,000 for fiscal year 2026, of which—

“(i) $2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and

changed “(ii) $12,000,000 shall be used for making grants;grants; and

“(D) $31,500,000 for fiscal year 2027, of which—

“(i) $2,000,000, pursuant to the authority in section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), shall be used to carry out section 12 of such Act; and

“(ii) $12,500,000 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 $7,000,000 for each of fiscal years 2024 through 2027.

“(4) Recruitment and retention—From amounts made available to the Secretary under paragraphs (1) and (2), the Secretary shall use, to carry out section 104(a) of the PIPES Act of 2023 and section 102(c) of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (Public Law 116–260)—

“(A) $3,400,000 for fiscal year 2024, of which—

“(i) $2,890,000 shall be from amounts made available under paragraph (1)(A); and

“(ii) $510,000 shall be from amounts made available under paragraph (2)(A);

“(B) $5,100,000 for fiscal year 2025, of which—

“(i) $4,335,000 shall be from amounts made available under paragraph (1)(B); and

“(ii) $765,000 shall be from amounts made available under paragraph (2)(B);

“(C) $6,800,000 for fiscal year 2026, of which—

“(i) $5,780,000 shall be from amounts made available under paragraph (1)(C); and

“(ii) $1,020,000 shall be from amounts made available under paragraph (2)(C); and

“(D) $8,500,000 for fiscal year 2027, of which—

“(i) $7,225,000 shall be from amounts made available under paragraph (1)(D); and

“(ii) $1,275,000 shall be from amounts made available under paragraph (2)(D).”

“(1) $31,000,000 for fiscal year 2024.

“(2) $32,000,000 for fiscal year 2025.

“(3) $33,000,000 for fiscal year 2026.

“(4) $34,000,000 for fiscal year 2027.”

“(A) $2,250,000 for fiscal year 2024.

“(B) $2,500,000 for fiscal year 2025.

“(C) $2,750,000 for fiscal year 2026.

“(D) $3,000,000 for fiscal year 2027.”

added “(A) $1,250,000 for fiscal year 2024.

added “(B) $1,500,000 for fiscal year 2025.

added “(C) $1,750,000 for fiscal year 2026.

added “(D) $2,000,000 for fiscal year 2027.”

Section 60101(a) of title 49, United States Code, is amended—

“(1) “carbon dioxide” means a product stream consisting of more than 50 percent carbon dioxide molecules in any state of matter except solid;

“(2) “carbon dioxide pipeline facility”—

“(A) means a pipeline, a right of way, a facility, a building, or equipment used, or intended to be used, in transporting carbon dioxide or treating carbon dioxide during the transportation of such carbon dioxide; but

“(B) does not include any storage facility, piping, or equipment covered by the exclusion in section 60102(i)(3)(B)(ii);

“(3) “de-identified” means the process by which all information that is likely to establish the identity of the specific persons, organizations, or entities submitting reports, data, or other information is removed from reports, data, or other information;”

“(9) “interstate carbon dioxide pipeline facility” means a carbon dioxide pipeline facility used to transport carbon dioxide in interstate or foreign commerce;

“(10) “intrastate carbon dioxide pipeline facility” means a carbon dioxide pipeline facility that is not an interstate carbon dioxide facility;”

changed “(22) “non-public pipeline safety data and information” means any pipeline safety data or information 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;”

“(26) “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;”

changed “(31) “transporting carbon dioxide” means the movement of carbon dioxide or the storage of carbon dioxide incidental to the movement of carbon dioxide by pipeline, in or affecting, affecting interstate or foreign commerce;”

“(34) “Tribal” means relating to Indian Tribes, as such term is defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130); and”

changed “(b) Leading practices—A State one-call program shall consider implementing implement 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 one-call programs to prevent common excavation damage incidents, including—

“(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;

changed “(8) require the use of white lining or electronic white lining;lining, allowing for exceptions for special large-project tickets;

“(9) require a positive response, such as the utility, municipality, or other entity placing the marks positively responds to the notification center and the excavator checks for a positive response before beginning excavation;

changed “(10) encourage require newly installed underground facilities to be locatable;

“(11) require the marking of lines and laterals, including sewer lines and laterals;

changed “(12) encourage 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;

changed “(13) encourage robust require training for locate professionals; and

changed “(14) encourage require the use of commercially available technologies to locate underground facilities, such as geographic information systems and enhanced positive response.”response.

added “(c) Report to Congress

added “(1) Initial report—Not later than 3 years after the implementation of subsection (b), the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—

added “(A) the implementation of the leading practices described in such subsection;

added “(B) recommendations to increase the adoption of such leading practices and recommendations for the reduction of excavation damage incidents; and

added “(C) the number of underground facility damages per 1,000 one-call tickets in each State for the reporting year.

added “(2) Additional reports—Not later than once every 2 years after the submittal of the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—

added “(A) the implementation of the leading practices described in subsection (b);

added “(B) recommendations to increase the adoption of such leading practices and recommendations for the reduction of excavation damage incidents; and

added “(C) the number of underground facility damages per 1,000 one-call tickets in each state for each year covered by the report.”

added “(f) Savings Clause—Nothing in this section shall make a grant award to a State by the Secretary pursuant to section 60107 or section 60134 for a State program certified under section 60105 or section 60106 contingent on compliance by the State with all leading practices described in subsection (b).”

“(1) In general—In making grants”

“(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 State one-call laws (including consistency in the application of enforcement resources, fines, and penalties to all relevant stakeholders, such as operators, locators, and excavators);

changed “(B) data reporting requirements, 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 the reporting)—requirements such as those—

changed “(i) information about the nature of the incident, including to the facility damaged local one-call center for excavation damage events on pipelines and other underground facilities, that are not privately owned, including (if available at the apparent cause time of such damage (with supporting documentation);reporting)—

changed “(ii) “(I) information about the organizations or entities involved;nature of the incident, including the facility damaged and the apparent cause of such damage (with supporting documentation);

changed “(iii) “(II) the impact to public safety, utility operations, and customer service; andorganizations or entities involved;

changed “(iv) “(III) the impact to the environment;public safety, utility operations, and customer service; and

added “(IV) the impact to the environment; and

added “(ii) to a nationally focused nonprofit organization specifically established for the purpose of reducing construction-related damages to underground facilities, of damages and near-miss events to underground facilities from excavation damages, including potential contributing factors, facility damaged, type of excavator, work performed, equipment type, and State;

“(C) data reporting requirements, to a nonprofit organization specifically established for the purpose of reducing construction-related damage to underground facilities, of damage and near-miss events to underground facilities from excavation damage, including root cause, facility damaged, type of excavator, work performed, equipment type, and State; and

“(D) performance measures to determine the effectiveness of excavation damage prevention efforts.”

“60144. Voluntary information-sharing system

“(a) Establishment

“(1) In general—The Secretary shall establish a confidential voluntary information-sharing system (referred to in this section as “VIS”) to encourage the sharing of pipeline safety data and information in a non-punitive context in order to improve the safety of gas, carbon dioxide, and hazardous liquid gathering, transmission, and distribution pipelines and facilities, including storage facilities.

“(2) Purpose—The purpose of the VIS is to establish a comprehensive, systematic, and integrated structure to gather, evaluate, and quantify critical pipeline safety data and information and to share recommended remediation measures and lessons learned across the pipeline industry in an effort to improve pipeline safety, including damage prevention efforts, while protecting participant confidentiality.

“(3) Implementation and management—In establishing the VIS under this section, the Secretary shall implement and manage such VIS based on the Pipeline Safety Voluntary Information-Sharing System Recommendation Report prepared pursuant to section 10 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (49 U.S.C. 60108 note).

“(4) Inapplicability of FACA—The VIS shall not be considered a Federal advisory committee and shall not be subject to the requirements of chapter 10 of title 5.

“(b) Governance

“(1) In general—A Governing Board, a Program Manager, a Third-Party Information Manager, and Issue Analysis Teams shall govern the VIS.

“(2) Governing board

“(A) In general—Not later than 180 days after the date of enactment of this section, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall appoint a Governing Board after consulting with public and private pipeline safety stakeholders.

“(B) Composition of the board—The Governing Board shall be comprised of at least 9 members and shall represent a balanced cross-section of pipeline safety stakeholders with pipeline safety knowledge or experience as follows:

changed “(i) at At least 3 individuals shall be selected from departments, agencies, instrumentalities of the Federal Government, Territories, State governments, or local governments, 1 of which shall be the Administrator.

changed “(ii) at At least 3 individuals shall be selected from the gas, carbon dioxide, or hazardous liquid industries, such as operators, trade associations, inspection technology, coating, and cathodic protection vendors, and pipeline inspection organizations.

changed “(iii) at At least 3 individuals shall be selected from public safety advocate organizations, such as pipeline safety and environmental advocacy groups, public safety-focused research institutions, or labor and worker safety representatives.

“(C) Board terms

“(i) In general—Each member of the Governing Board shall be appointed for a term of 3 years, with the terms of 3 of the members expiring each year.

“(ii) Term expiration—The term of at least 1 member of each of the 3 stakeholder groups established in subparagraph (B) shall expire each year.

“(iii) Initial appointment—In the initial appointment of members, terms of 1, 2, and 3 years shall be established to allow the terms of 3 members to expire thereafter each year.

“(iv) Reappointment—Each member may be reappointed for consecutive 3-year terms.

“(D) Co-chairs

“(i) In general—The Governing Board shall be co-chaired by—

“(I) the Administrator;

“(II) a representative of the stakeholder group described in subparagraph (B)(ii), who shall be appointed with advice and consent of the Governing Board; and

“(III) a representative of the stakeholder group described in subparagraph (B)(iii), who shall be appointed with advice and consent of the Governing Board.

“(ii) Responsibilities—The co-chairs of the Governing Board 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 of two-thirds plus 1 of the Governing Board members and shall have the authority to—

“(i) govern and provide strategic oversight to the VIS;

“(ii) develop governance documents, including a Governing Board charter that is made available to the public, and that describes the scope of the authority and objectives of the Board;

“(iii) select a Third-Party Data Manager described in paragraph (4) with expertise in data protection, aggregation, and analytics and geographic information systems;

“(iv) approve the criteria and procedures governing how the Third-Party Data Manager described in paragraph (4) will receive and accept pipeline safety data and information and who will have the authority to view VIS data;

“(v) establish and appoint members to Issue Analysis Teams described in paragraph (5) that consist of technical and subject matter experts;

“(vi) collaborate with Issue Analysis Teams described in paragraph (5) to identify the issues and topics to be analyzed;

“(vii) collaborate with Issue Analysis Teams described in paragraph (5) to specify the type of de-identified pipeline safety data and information that Issue Analysis Teams need in order to analyze the issues identified under clause (vi) and topics;

“(viii) determine the information to be disseminated;

“(ix) determine the reports to be disseminated;

“(x) at least once per year, issue a report to the public on VIS processes, membership of the Governing Board, issues or topics 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.

“(3) Program manager—The Administrator shall provide the day-to-day program management and administrative support for the VIS, including oversight of the Third-Party Data Manager described in paragraph (4).

“(4) Third-party data manager

“(A) In general—A Third-Party Data Manager shall provide data management and data oversight services for the VIS.

“(B) Responsibilities—In fulfilling the responsibilities described in subparagraph (A), the Third-Party Data Manager shall—

“(i) accept pipeline safety data and information submitted to the VIS that meets the criteria and procedures established by the Governing Board under paragraph (2)(E)(iv);

“(ii) de-identify, securely store, and manage pipeline safety data and information that is accepted by the VIS;

“(iii) collaborate with Issue Analysis Teams described in paragraph (5) to aggregate and analyze de-identified pipeline safety data and information that is accepted by the VIS;

“(iv) prepare reports as requested by the Governing Board regarding the type of pipeline safety data and information that is managed by the VIS; and

“(v) make recommendations regarding the management of pipeline safety data and information, as appropriate.

“(5) Issue analysis teams—Issue Analysis Teams of the VIS shall—

“(A) work with the Third-Party Data Manager described in paragraph (4) to aggregate and analyze de-identified pipeline safety data and information accepted by the VIS;

“(B) collaborate with the Governing Board to identify issues and topics for analysis and submit internal reports and recommendations to the Governing Board; and

“(C) prepare reports as requested by the Governing Board regarding issues and topics identified for additional research by the Governing Board.

“(6) Participation

“(A) In general—The submission of pipeline safety data and information to the VIS by any person shall be voluntary, with no person compelled to participate in or submit data or information for inclusion in the VIS.

“(B) Acceptance of information—The VIS shall implement policies to ensure that all operator data or information submitted has been authorized by the operator for submission.

“(C) Sharing of information—The Governing Board shall encourage the voluntary sharing of pipeline safety data and information among operators of gas, carbon dioxide, and hazardous liquid gathering, transmission, and distribution pipelines and facilities, employees, labor unions, contractors, in-line inspection service providers, non-destructive evaluation experts, the Pipeline and Hazardous Materials Safety Administration, representatives of State pipeline safety agencies, local and Tribal governments, pipeline safety advocacy groups, manufacturers, research and academic institutions, and other pipeline stakeholders.

“(c) Information sharing

“(1) Inclusions—Pipeline safety data and information accepted by the VIS may include—

“(A) pipeline integrity risk analysis information;

“(B) lessons learned from accidents and near misses;

“(C) process improvements;

“(D) technology deployment practices;

“(E) information obtained through VIS pipeline safety surveys of pipeline operator employees, as long as such surveys are voluntarily agreed to by the pipeline operator; and

“(F) pipeline safety data and information which may lead to the identification of pipeline safety risks.

“(d) Confidentiality

“(1) In general

“(A) Confidentiality—To facilitate the sharing of otherwise non-public pipeline safety data and information (hereinafter known as “non-public information”) in the VIS, non-public information accepted by the VIS and which may be analyzed, stored, or managed by the VIS shall be kept confidential by the VIS.

“(B) Rule of construction—Subparagraph (A) shall not be construed to apply to public information that may be submitted to the VIS or to non-public information that is required to be submitted to any Federal, State, local, or Tribal agency under any other provision of law.

“(2) Disclosure of de-identified, non-public information

“(A) In general—Notwithstanding subsections (e) and (f), the Governing Board may approve the disclosure of de-identified, non-public information by the VIS or by the Administrator of the Pipeline and Hazardous Materials Safety Administration based on analysis of the de-identified information and any safety findings or recommendations that the Governing Board in the sole discretion of the Board determines to publish or authorizes the Administrator to publish to improve pipeline safety.

“(B) Public reports—In issuing public reports under subsection (b)(2)(E)(x), the Governing Board shall approve the disclosure of de-identified, non-public information by the VIS that the Governing Board determines is necessary to adequately describe and illustrate the issues and topics being investigated and analyzed by the VIS.

“(3) Limitation—Except as provided in paragraph (2), no person, including any VIS Governing Board member, the Program Manager, the Third-Party Data Manager described in subsection (b)(4), an Issue Analysis Team member described in subsection (b)(5), or any Federal, State, local, or Tribal agency, having or obtaining access to non-public information by virtue of the acceptance of such information to the VIS, shall release or communicate VIS held non-public information, in either an identified or de-identified form, to any person that does not have the authority to view VIS data.

“(e) Applicability of FOIA—Any non-public information that is accepted by the VIS and which may be analyzed, stored, or managed by the VIS and subsequently obtained by the Secretary or the Administrator by virtue of the acceptance of such information to the VIS shall be 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), non-public information accepted by the VIS and which may be analyzed, stored, or managed by 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 employees or contractors of such operator 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), non-public information accepted by the VIS and which may be analyzed, stored, or managed by 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 non-public information accepted by the VIS that is—

“(A) evidence of a criminal violation;

“(B) not related to the established purpose of the VIS described in subsection (a)(2);

“(C) 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 successor regulations), or required to be reported under the requirements of a State authority; or

“(D) developed or obtained from a source other than the VIS, including through discovery from a person or an entity other than the VIS in an enforcement action or private litigation.

added “(4) Additional limitations on exclusions—The exclusions described in paragraphs (1) and (2) shall not apply to non-public information that is submitted to but not accepted by the VIS.

“(g) Effect on State law—Nothing in this section shall be construed to affect Federal, State, or local pipeline safety law.

“(h) No effect on discovery

added “(1) Rule of construction—Nothing in this section or any rule, regulation, or amendment issued pursuant to this section 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 Federal, State, or local law.

removed “(1) Rule of construction—Nothing in this section or any rule, regulation, or amendment issued pursuant to this section 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).

“(i) Expenses

“(1) In general—Members of the VIS Governing Board and Issue Analysis Teams may be paid expenses under section 5703 of title 5.

“(2) Rule of construction—A payment under this subsection shall not be construed to make a member of the VIS Governing Board an officer or employee of the Federal Government.

“(3) Federal employees—Paragraph (1) shall not apply to members of the VIS Governing Board that are employees of the Federal Government.

“(j) Report on VIS—Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available, a report that includes—

“(1) a detailed accounting of the allocation and uses of expenditures authorized under this section;

“(2) an estimate of the annual cost to maintain the VIS program, including an assessment and projection of costs associated with the Third-Party Data Manager, data sourcing and storage, data governance, data architecture, data consumption, and the VIS operations and administration by the Pipeline and Hazardous Materials Safety Administration;

“(3) the methodology for determining the estimate under paragraph (2);

“(4) the number of expected participants in the VIS program;

“(5) the number of Pipeline and Hazardous Materials Safety Administration positions needed to maintain the VIS program;

“(6) the projected timeline for the implementation of the VIS program to meet the purposes under subsection (a)(2); and

“(7) recommendations to ensure sufficient funding for the ongoing activities of the VIS program, including a reasonable fee assessed on authorized participants in the VIS program.

“(k) Authorization of appropriations—There are authorized to be appropriated for the establishment of a voluntary information-sharing program under this section—

“(1) $1,000,000 for fiscal year 2024;

“(2) $10,000,000 for fiscal year 2025;

“(3) $10,000,000 for fiscal year 2026; and

“(4) $10,000,000 for fiscal year 2027.”

“(ii) carbon dioxide pipeline safety information;”

“(C) major carbon dioxide pipeline facilities of the operator;”

added “(B) Inclusion of applicable standards—The Secretary shall establish the minimum safety standards in part 195 of title 49, Code of Federal Regulations, as applicable.”

“(3) Storage of carbon dioxide

“(A) Minimum safety standards—The Secretary shall prescribe minimum safety standards for the injection, withdrawal, and storage of carbon dioxide incidental to pipeline transportation.

“(B) Storage of carbon dioxide incidental to pipeline transportation—In this paragraph, the term storage of carbon dioxide incidental to pipeline transportation—

“(i) means the temporary receipt and storage of carbon dioxide transported by pipeline for continued transport; but

“(ii) does not include—

“(I) with respect to each State, the long-term containment of carbon dioxide in subsurface geologic formations or other activity subject to the requirements of a State underground injection control program prescribed by the Administrator of the Environmental Protection Agency and applicable to the State, or adopted by the State and approved by the Administrator, under part C of the Safe Drinking Water Act (42 U.S.C. 300h et seq.); or

“(II) the temporary storage of carbon dioxide in any excepted pipelines listed in paragraph (b) of section 195.1 of title 49, Code of Federal Regulations, as of the date of enactment of the PIPES Act of 2023.”

“(5) Dispersion Modeling

“(A) Safety standards—The Secretary shall prescribe minimum safety standards to require each operator of a carbon dioxide pipeline facility to employ vapor dispersion modeling to identify high consequence areas, as defined at section 195.450 of title 49, Code of Federal Regulations, and paragraph (7)(I)(A) of Appendix C to part 195 of such title, that could be affected by a release from such a pipeline.

“(B) Considerations—In performing the vapor dispersion modeling under subparagraph (A), operators of a carbon dioxide pipeline facility shall consider—

“(i) the topography surrounding the pipeline;

“(ii) atmospheric conditions that could affect vapor dispersion;

“(iii) pipeline operating characteristics; and

“(iv) additional substances present in the pipeline that could affect vapor dispersion.

“(C) Maintenance of files—The Secretary shall require each operator of a carbon dioxide pipeline facility 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.

“(D) Protection of sensitive information—In responding to a public request for information regarding carbon dioxide dispersion modeling, 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 section may be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.”

“(3) with respect to a carbon dioxide pipeline facility, activities equivalent to the activities described with respect to a hazardous liquid pipeline facility under section 195.501 of such title.”

“(2) a carbon dioxide pipeline facility; or”

“(C) related to a carbon dioxide pipeline facility may be used only for an activity related to carbon dioxide under chapter 601 of this title; and”

“(K) allow the respondent an opportunity for a hearing on the record conducted by an administrative law judge, in accordance with section 554 of title 5, for a notice of probable violation enforcement matter—

“(i) with a proposed civil penalty of at least $125,000; or

“(ii) where the respondent can reasonably show the cost of the proposed compliance action will exceed $125,000.”

Section 60107(b) of title 49, United States Code, is amended—

“(2) Budget estimate—The budget estimates of the Secretary for each fiscal year shall include—

“(A) a summary of amounts claimed, amounts reimbursed, and the percentages reimbursed in the preceding 3 fiscal years for the program under this section; and

“(B) the estimated funding necessary to fund 80 percent of the cost of the personnel, equipment, and activities under this section for the subsequent calendar year.”