Review - S 2979 Introduced – Pipeline Safety Information Sharing

Last month, Sen Moran (R,KS) introduced S 2979, the PHMSA Voluntary Information Sharing Act. The bill would require DOT to “establish a confidential voluntary information-sharing to encourage the sharing of pipeline safety data and information in order to improve the safety of gas transmission pipelines, gas distribution pipelines, liquefied natural gas facilities, underground natural gas storage facilities, and hazardous liquid pipelines.” The bill would authorize DOT to collect an additional $5,000,000 in user fees under 49 USC 60301 for each of fiscal years 2024 through 2027 to establish, implement, and manage the VIS.

S 2979 is be similar to HR 6509, the Voluntary Information-Sharing System Act, that was introduced in the House by Rep Molinaro (R,NY) in November 2023. No further action was taken on that bill in the House in the 118^th Congress. There are changes in language formatting and editorial changes made for clarity. Two significant changes include adding definitions in the new bill, and changing the funding authorization model for the new VIS program.

The bill would add a new §60144, Voluntary information-sharing system, to 49 USC. It would require DOT to establish the VIS program. PHMSA would be required to appoint a Governing Board while providing a Program Manager to oversee the day-to-day operation of the Program. A Third-Party Data Manager shall provide data management and data oversight services for the VIS. Issue Analysis Teams would perform the actual work of aggregating, analyzing and reporting on de-identified pipeline safety data and information accepted by the VIS.

Moving Forward

Moran, and his sole cosponsor {Sen Duckworth (D,IL)}, are members of the Senate Commerce, Science, and Transportation Committee to which this bill was assigned for consideration. This means that there may be sufficient influence to see the bill considered in Committee. There has been some industry opposition to the general concept of a directed safety information sharing process, particularly near-miss data, but this bill has attempted to address some of those concerns. Still, it is not clear if there has been enough emphasis on the voluntary nature of the information sharing to overcome industry objections. This bill is unlikely to move forward without clear industry support.

 

For more details about the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2979-introduced-pipeline-safety - subscription required.

Review - HR 6509 Introduced – Pipeline Info Sharing

Last month, Rep Molinaro (R,NY) introduced HR 6509, the Voluntary Information-Sharing System Act. The bill would require DOT to “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. The legislation would authorize $10 million per year to operate this program.

The bill would add a new §60144, Voluntary information-sharing system, to 49 USC. It would require DOT to establish the VIS program. PHMSA would be required to appoint a Governing Board while providing a Program Manager to oversee the day-to-day operation of the Program. A Third-Party Data Manager shall provide data management and data oversight services for the VIS. Issue Analysis Teams would perform the actual work of aggregating, analyzing and reporting on de-identified pipeline safety data and information accepted by the VIS.

Moving Forward

Molinaro and one of his cosponsors {Rep Cohen (D,TN)} are members of the House Transportation and Infrastructure Committee to which this bill was assigned for consideration. This means that there should be sufficient influence to see the bill considered in Committee.

Language essentially identical to bill was included as §24 in the HR 6494, the PIPES Act of 2023. The Transportation Committee. The record for that hearing is not yet complete (it has outdated supporting document links), but the Committee did adopt the substitute language which also contained essentially the same language. It is not yet clear if other changes were made.

Once the Committee report is published, the revised bill will be available for action by the full House. Without seeing the Committee’s final vote, it is hard to predict how the bill will fare in future consideration.

Commentary

There is no language in either bill that deals with the special intricacies of information sharing dealing with cyber issues. Not surprising since the PHMSA report that provides the background information for this legislation was published two years before the Colonial Pipeline cyberattack and the resulting TSA cybersecurity regulations. Unfortunately, if cyber information sharing language had been added, a third committee (the House Homeland Security Committee) would have been added to the list of committees that would be required to sign off on the bill. This is part of the continuing congressional oversight problem.

 

For more details about the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-6509-introduced - subscription required.

Bills Introduced – 11-29-23

Yesterday, with both the House and Senate in session, there were 35 bills introduced. Four of those bills will receive additional attention in this blog:

HR 6494 To amend title 49, United States Code, to provide enhanced safety in pipeline transportation, and for other purposes. Graves, Sam [Rep.-R-MO-6] 

HR 6496 To require the Administrator of the Pipeline and Hazardous Materials Safety Administration to apply the final rule relating to valve installation and minimum rupture detection standards to Type A gas gathering lines, and for other purposes. Carbajal, Salud O. [Rep.-D-CA-24]

HR 6509 To amend title 49, United States Code, to require the Secretary of Transportation to establish a confidential voluntary information-sharing system to encourage the sharing of pipeline safety data, and for other purposes. Molinaro, Marcus J. [Rep.-R-NY-19]

HR 6510 To direct the Secretary of Transportation to study certain composite material pipelines, and for other purposes. Molinaro, Marcus J. [Rep.-R-NY-19]

It looks like Graves, Chair of the House Transportation and Infrastructure Committee, has introduced the latest PHMSA pipeline safety reauthorization bill and two committee members had concerns that were not addressed in that bill.