S. 2980 — Introduced in Senate

II 118th CONGRESS 1st Session S. 2980 IN THE SENATE OF THE UNITED STATES September 28 (legislative day, September 22), 2023Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to eliminate the requirement for cost-benefit analyses in the establishment of minimum safety standards for pipeline transportation and pipeline facilities, and for other purposes. 1. Short title This Act may be cited as the Penalizing and Improving Prevention of Emergencies Act of 2023 or the PIPE Act of 2023. 2. Cost-benefit analyses (a) In general Section 60102(b) of title 49, United States Code, is amended— (1) in paragraph (2)— (A) by striking subparagraphs (D) and (E); and (B) by redesignating subparagraphs (F) and (G) as subparagraphs (D) and (E), respectively; and (2) by striking paragraphs (3) through (7). (b) Technical and safety standards committees Section 60115 of title 49, United States Code, is amended— (1) in subsection (a), by striking the third sentence; (2) in subsection (b)(4)(C), by striking the second sentence; and (3) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A), by striking Committee each standard proposed under this chapter for transporting gas and for gas pipeline facilities including the risk assessment information and other analyses supporting each proposed standard; and inserting the following: “Committee— (i) each standard proposed under this chapter for— (I) transporting gas; or (II) gas pipeline facilities; and (ii) analyses supporting each proposed standard described in clause (i); ; and (ii) in subparagraph (B), by striking Committee each standard proposed under this chapter for transporting hazardous liquid and for hazardous liquid pipeline facilities including the risk assessment information and other analyses supporting each proposed standard. and inserting the following: “Committee— (i) each standard proposed under this chapter for— (I) transporting hazardous liquid; or (II) hazardous liquid pipeline facilities; and (ii) analyses supporting each proposed standard described in clause (i). ; and (B) in paragraph (2), by striking cost-effectiveness,. 3. Elimination of nonapplication clause for existing pipelines (a) In general Section 60104 of title 49, United States Code, is amended— (1) by striking subsection (b); and (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively. (b) Conforming amendments (1) Section 60106(b)(1) of title 49, United States Code, is amended, in the third sentence, by striking section 60104(c) and inserting section 60104(b). (2) Section 60109(c) of title 49, United States Code, is amended— (A) by striking paragraph (11); and (B) by redesignating paragraph (12) as paragraph (11). 4. Prohibition against releases Section 60118(a) of title 49, United States Code, is amended— (1) in paragraph (4), by striking the period at the end and inserting ; and; (2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; (3) in the matter preceding subparagraph (A) (as so redesignated), by striking facility shall— and inserting the following: “facility— (1) shall— ; and (4) by adding at the end the following: (2) shall not release gas or hazardous liquid from a pipeline facility in a quantity that would require the reporting of an incident or accident under a regulation prescribed under this chapter. . 5. Penalties (a) Maximum civil penalty for a related series of violations (1) In general Section 60122(a)(1) of title 49, United States Code, is amended by striking the third sentence. (2) Rulemaking Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall revise subpart B of part 190 of title 49, Code of Federal Regulations, in accordance with the amendment made by paragraph (1). (b) Scienter requirement for criminal penalties Section 60123(a) of title 49, United States Code, is amended— (1) by striking knowingly and willfully and inserting knowingly, willfully, or recklessly; (2) by striking A person and inserting the following: (1) In general A person ; and (3) by adding at the end the following: (2) Meaning of terms (A) In general For purposes of paragraph (1)— (i) a person acts knowingly when— (I) the person has actual knowledge of the facts giving rise to the violation; or (II) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; (ii) a person acts willfully when— (I) the person has knowledge of the facts giving rise to the violation; and (II) the person has knowledge that the conduct was unlawful; and (iii) a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct. (B) Knowledge For purposes of paragraph (1), knowledge of the existence of a statutory provision, or a regulation or requirement of the Secretary, is not an element of an offense under that paragraph. .