,,ii #aacth ,,congress #ast ,session ,s4 #agfg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjac,mr4 ,markey 7for himself and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to require gas pipeline facilities to accelerate the repair1 rehabilitation1 and replacement of high-risk pipelines used in commerce1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,pipeline ,modernization and ,consumer ,protection ,act4 #b4 ,replacement programs for high-risk natural gas pipelines 7a7 ,findings ,congress finds that-- 7#a7 ,federal requirements related to repairing pipeline leaks are limited to hazardous leaks1 which are leaks that represent an existing or probable hazard to persons or property and require immediate repair2 7#b7 there are no ,federal requirements to address slower or less hazardous leaks1 which can allow the leaks to persist unrepaired indefinitely2 7#c7 in ,states without a standard definition and methodology for calculating unaccounted-for gas 7the difference between the amount of gas purchased by a utility and the amount used or sold to customers71 data inconsistencies may be pervasive and these inconsistencies hinder the ability of regulators to monitor gas system and utility performance2 7#d7 the cost of leaked or otherwise unaccounted-for natural gas in the distribution system is typically passed on to ratepayers without limitation as an accepted cost of service1 which removes financial incentive for utilities to minimize the leaks2 7#e7 methane1 the primary constituent of natural gas1 is a greenhouse gas at least #bj times more potent than carbon dioxide2 7#f7 according to the ,pipeline and ,hazardous ,materials ,safety ,administration1 the ,united ,states natural gas distribution system still includes #fa1jjj miles of bare steel pipe without adequate corrosion protection and #cb1jjj miles of cast iron pipe1 which was installed beginning in the #ahcjs and can be prone to failure2 7#g7 major recent pipeline explosions that led to human fatalities1 including those in ,austin1 ,texas1 ,philadelphia1 ,pennsylvania1 and ,allentown1 ,pennsylvania1 have been traced to aging1 leaking1 and high-risk pipeline infrastructure2 7#h7 natural gas distribution utilities may be discouraged from making capital expenditures for the replacement of leaking and failure-prone pipelines because traditional ratemaking structures may not allow for cost recovery on a timely basis2 and 7#i7 according to the ,pipeline and ,hazardous ,materials ,safety ,administration1 the natural gas pipeline replacement programs established as part of the ratemaking process in #bg ,states and the ,district of ,columbia have played a vital role in enhancing public safety by better ensuring the prompt rehabilitation1 repair1 or replacement of high-risk natural gas distribution infrastructure4 7b7 ,natural gas distribution companies 7#a7 ,in general ,chapter #fja of title #di1 ,united ,states ,code1 is amended by inserting after section #fjaab the following3 #fjaab;,a4 ,replacement programs for high-risk natural gas pipelines 7a7 ,definition of gas pipeline facility ,in this section1 the term gas pipeline facility includes-- 7#a7 a distribution facility2 and 7#b7 a gas utility4 7b7 ,in general ,each operator of a gas pipeline facility shall1 in accordance with an integrity management program required under section #fjaji of this title1 if applicable1 accelerate the repair1 rehabilitation1 and replacement of gas piping or equipment that-- 7#a7 is leaking2 or 7#b7 may pose high risks of leaking1 or may no longer be fit for service1 because of-- 7,a7 inferior materials2 7,b7 poor construction practices2 7,c7 lack of maintenance2 or 7,d7 age4 7c7 ,policy options 7#a7 ,in general ,in complying with subsection 7b71 each ,state regulatory authority and each nonregulated gas utility shall consider-- 7,a7 developing prioritized timelines to repair all leaks based on the severity of the leak1 including non-hazardous leaks1 or replace identified leaking or high-risk piping or equipment1 including leaks identified as part of an integrity management plan developed under section #aib4ajjg of title #di1 ,code of ,federal ,regulations1 if applicable2 7,b7 adopting a cost-recovery program that includes-- 7i7 replacement plans with targets and benchmarks for leaking or high-risk infrastructure replacement2 7ii7 consideration of the economic1 safety1 and environmental benefits of reduced gas leakage1 including consideration of reduced operation and maintenance costs and reduced costs attributable to lost or unaccounted-for natural gas2 and 7iii7 reporting on the reductions in lost or unaccounted-for gas as a result of pipeline replacements2 7,c7 adopting a standard definition and methodology for calculating and reporting unaccounted-for gas to improve data quality2 7,d7 adopting limits on cost recovery for lost and unaccounted-for gas2 and 7,e7 requiring use of best available technology to detect gas leaks4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #fja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #fjaab the following3 #fjaab;,a4 ,replacement programs for high-risk natural gas pipelines4 4 7c7 ,non-,binding guidelines for identifying and classifying high-,risk pipeline infrastructure 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall1 after consultation with ,state regulatory authorities1 the ,secretary of ,energy1 the ,administrator of the ,environmental ,protection ,agency1 the ,federal ,energy ,regulatory ,commission1 and other appropriate ,federal agencies1 and after notice and opportunity for comment1 issue non-binding guidelines identifying best practices under section #fjaab;,a of title #di1 ,united ,states ,code 7as added by subsection 7b774 7#b7 ,preserving the integrity of actions already taken by ,state regulatory authorities ,in formulating guidelines under paragraph 7#a71 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall1 to the extent practicable1 preserve the integrity of1 and be guided by1 actions already taken by ,state regulatory authorities to ensure proper identification1 classification1 and timely repair of high-risk pipeline infrastructure and leaks1 including actions taken after consideration of the standard under section #cjc7;b77#f7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#ae ,u4,s4,c4 #cbjc7;b77#f774 7#c7 ,revision of guidelines ,not less frequently than once every #g years1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall review and1 as appropriate1 revise the guidelines issued under paragraph 7#a7 to reflect changes in the composition and safety performance of the pipeline infrastructure in the ,united ,states4 #c4 ,data standardization 7a7 ,in general ,notwithstanding any other provision of law1 not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration and the heads of other applicable ,federal agencies shall1 in consultation with ,state and local agencies under subsection 7c71 work jointly to establish and publish forms that adopt a standard definition and methodology for calculating and reporting unaccounted-for gas1 including1 when possible1 information on the causes of unaccounted-for gas and the quantities associated with each cause1 for use by applicable ,federal agencies to standardize the data collected on unaccounted-for gas4 7b7 ,administration ,in carrying out this section1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration and the heads of other applicable ,federal agencies may-- 7#a7 establish an interagency working group2 and 7#b7 enter into a memorandum of understanding4 7c7 ,consultation with ,state and local agencies ,the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration and the heads of other applicable ,federal agencies shall offer to work with ,state and local regulatory authorities to adopt a standard definition and methodology for calculating and reporting unaccounted-for gas to standardize the data collected by ,federal1 ,state1 and local governments4