H.R. 5537 — Pipeline Accountability Act of 2025

This section expands the factors that the Secretary of Transportation must consider in prescribing pipeline safety standards under 49 U.S.C. §60102(b)(2) by adding (1) the need to mitigate negative impacts to the global climate and avoid unnecessarily prolonging the life span of fossil fuel infrastructure and (2) transition plans toward non-emitting alternatives. It also defines "non-emitting alternative" in 49 U.S.C. §60101(a)(17) as a technological or efficiency-related energy solution that does not entail the use of fossil fuels that are directly or indirectly related to the greenhouse effect (i.e., electrification, renewable energy sources, networked geothermal systems, storage, efficiency, and behavior change).

This section strikes specified requirements for cost-benefit analyses that the Secretary of Transportation must conduct prior to issuing pipeline safety regulations (49 U.S.C. 60102(b), as amended by section 101) by (1) striking subparagraphs (D) and (E) of paragraph (2) and redesignating subparagraphs (F) through (I) as subparagraphs (D) through (G), respectively; and (2) striking paragraphs (3) through (7).

This section amends provisions governing the Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee (peer review committees for proposed gas and hazardous liquid pipeline safety standards under the Pipeline Safety Act) as follows: (1) strikes the provision deeming the committees' peer reviews as satisfying all federal peer review requirements; (2) for the five general public members on each committee, prohibits financial interests in the pipeline, petroleum, ethanol, or gas industries (excluding compensation for pipeline easements), requires financial record submissions by candidates and members for compliance verification, and directs the Secretary of Transportation to provide reasonable compensation (without conferring federal officer or employee status for eligibility purposes); (3) requires the Secretary to consult national organizations representing State commissioners or utility regulators before selecting State officials for the committees; (4) clarifies that each committee must review proposed standards for transporting gas (or hazardous liquid) or operating related pipeline facilities, along with supporting analyses; and (5) removes "cost-effectiveness" from, and adds the strength of the standard to promote safety and protect the environment to, peer review recommendation criteria. This section also authorizes appropriations as necessary to implement these changes and amendments made by this section.

This section revises pipeline safety law to require application of safety standards to pipelines existing prior to the standards' issuance (previously not applied), including standards promulgated before enactment, by (1) changing the subsection heading from "Nonapplication" to "Application"; (2) replacing "does not apply" with "shall be applied"; and (3) adding that the Secretary of Transportation's authority to apply such standards is not limited by a pipeline's preexisting status. It also makes a conforming amendment to another provision by striking paragraph (11).

This section establishes requirements under PHMSA pipeline safety regulations for operators of covered pipelines—defined as existing or newly constructed gas transmission, type A onshore gathering, hazardous liquid, or carbon dioxide pipelines that are 6 inches or greater in diameter—in covered locations (i.e., high consequence areas, or locations where a rupture could affect a high consequence area or Class 3 or 4 location) to fully isolate any ruptured segment as soon as practicable but not later than 30 minutes after rupture identification, beginning five years after enactment of the Pipeline Accountability Act of 2025, in order to minimize product release volume and mitigate rupture consequences. (As background, high consequence areas are densely populated areas, commercially significant areas, or unusually sensitive environmental areas where pipeline ruptures could cause fatalities, injuries, or significant environmental harm; Class 3 or 4 locations are high-density population areas per PHMSA population classifications.) Operators of existing covered pipelines in covered locations must demonstrate compliance capability within five years of enactment; for pipelines later identified in covered locations, operators must demonstrate compliance within five years of that determination unless a waiver applies. The Secretary of Transportation may grant time-limited waivers (expiring after five years, renewable) if operators demonstrate that 30-minute isolation is operationally, technologically, or economically infeasible, including estimated isolation times and worst-case rupture consequences developed with input from local emergency services and the public (and environmental/public safety groups for unusually sensitive areas); waivers require review and renewal requests after significant incidents, operational/environmental changes, or organizational changes.

This section directs the Secretary of Transportation to complete, not later than 18 months after enactment, a rulemaking on the safety of carbon dioxide and hazardous liquid pipelines (Docket No. PHMSA–2022–0125; RIN 2137–AF60, NPRM issued January 10, 2025) by issuing a final rule that considers specified measures responsive to the May 26, 2022, Denbury Gulf Coast Pipelines rupture investigation report, including (1) minimum safety standards for all phases of carbon dioxide pipeline transportation; (2) standards for determining potential impact areas (i.e., areas with significant rupture effects on persons, property, or environment), high consequence areas, and related segments; (3) effective leak detection such as unique odorants; (4) fracture propagation protection via material toughness and arrestors; (5) standards for converting existing pipelines to transport carbon dioxide; and (6) emergency response plan guidelines and training. The section further directs the Secretary to promulgate additional regulations not later than 2 years after enactment requiring carbon dioxide pipeline operators to (1) identify, monitor, and mitigate geohazards; (2) report pipeline locations, transported phases and materials (including contaminants), and inspection methods; (3) meet standards for non-pure carbon dioxide transport; (4) notify officials and responders of incidents; and (5) notify individuals in potential impact areas of rupture hazards and response measures. Finally, the section requires the Secretary to provide tailored training and resources to local emergency responders on carbon dioxide pipeline ruptures, including potential impact areas, odorants, health effects, and vehicle impacts.

This section directs the Comptroller General of the United States to conduct a study on the short- and long-term safety, health, environmental, and climate change impacts and risks of blending hydrogen into existing natural gas systems—considering at minimum the findings of a July 18, 2022, University of California, Riverside study commissioned by the California Public Utilities Commission—and submit a report within three years of enactment to the Secretary and appropriate congressional committees. The report must describe remaining knowledge gaps; safety risks including leak rates and environmental impacts, infrastructure performance, and underground migration of hydrogen-methane blends; a lifecycle analysis of hydrogen blending compared to the status quo and other greenhouse gas reduction pathways; and recommendations to minimize identified risks. This section prohibits pipeline operators from transporting hydrogen, other than trace amounts as a contaminant, through natural gas distribution pipeline systems under the Secretary's jurisdiction until Congress enacts a statute expressly providing for the safe regulation of such blending. (Thus, the prohibition does not apply to pipelines specifically designed to transport hydrogen above trace levels and that have done so for at least 10 years as of enactment.)

This section authorizes $200 million annually for FY2027 through FY2031 for the Natural Gas Distribution Infrastructure Safety and Modernization Grant Program (i.e., grants administered by the Pipeline and Hazardous Materials Safety Administration to natural gas distribution operators for pipeline repairs, rehabilitation, replacement, or equipment acquisition to improve safety and reduce incidents), with funds for each fiscal year remaining available until September 30 of the ninth year thereafter (i.e., through September 30, 2036, for FY2027 funds; through September 30, 2040, for FY2031 funds). The section further modifies the program to expand eligible activities to include pipeline retirement and encouragement of non-emitting alternatives (defined as technological or efficiency-related energy solutions not using fossil fuels linked to the greenhouse effect, such as electrification, renewable energy, networked geothermal, storage, efficiency, or behavior change, with promotion potentially including workforce training); requires not less than 20% of the newly authorized funds each fiscal year to support such non-emitting alternatives (Thus, at least $40 million annually); and directs the Secretary of Transportation, in awarding grants, to give additional consideration to applicants paying Davis-Bacon prevailing wages and offering workforce training programs meeting apprenticeship standards similar to those under IRC §45(b)(8).

This section directs the Secretary to promulgate new or revise existing regulations addressing underground natural gas storage not later than two years after enactment of this Act. In doing so, the Secretary must review and consider (1) the most recent versions of American Petroleum Institute Recommended Practice 1170 on design and operation of solution-mined salt caverns used for natural gas storage and Recommended Practice 1171 on functional integrity of natural gas storage in depleted hydrocarbon reservoirs and aquifer reservoirs, and (2) updates to existing regulations on risk management, emergency response, and preventing undue risks from single points of failure.

This section establishes an Office of Public Engagement within the Pipeline and Hazardous Materials Safety Administration (PHMSA) (i.e., the agency responsible for pipeline transportation safety and hazardous materials safety regulation), to be headed by a Director appointed by the PHMSA Administrator and reporting to the Associate Administrator for Pipeline Safety. The Administrator must establish the office not later than one year after enactment, after seeking and incorporating public input—prioritizing environmental justice communities (i.e., communities of color, low-income communities, or Tribal and Indigenous communities at higher risk of adverse health or environmental effects)—and submitting a summary to the appropriate congressional committees. The office's duties include (1) coordinating financial, technical, and educational assistance to the public on PHMSA authorities through accessible outreach, including to environmental justice communities in multiple languages and formats; and (2) conducting proactive public engagement via varied media (e.g., signage, mailings, canvassing), accessible meetings with accommodations (e.g., translation, transportation funding), and an independent process to receive, review, and resolve inquiries, complaints, and allegations regarding PHMSA activities and regulated entities, including pipeline cracks and leaks identified by workers or community members.

This section requires the Secretary, when proposing rules or revisions to rules under this chapter (i.e., pipeline safety standards), to hold at least one public hearing to address each proposed rule or revision.

This section revises pipeline safety data disclosure requirements (49 U.S.C. § 60132) by (1) adding definitions for terms including "covered facility" (i.e., a covered pipeline as defined in 49 U.S.C. § 60109(c)(12)(A), a liquefied natural gas pipeline facility, or an underground natural gas storage facility), "high consequence area," "class location," "maximum allowable operating pressure," "maximum operating pressure," "moderate consequence area," "potential impact area," and "potential impact radius"; (2) requiring operators of pipeline facilities (except distribution lines, eliminating the prior exception for gathering lines) to submit additional information to the Secretary of Transportation within six months of enactment, including the location and type of valves and information on matters described in new paragraph (b)(2)(E); and (3) requiring operators of covered facilities to post specified safety information free of charge on a publicly accessible website no later than one year after enactment of the Pipeline Accountability Act of 2025—including substances transported, decommissioning plans for abandoned or remediated pipelines, contact information, relevant emergency response plan portions, pipeline setback requirements, and for carbon dioxide pipelines, dispersion modeling results and estimates of fatal concentration zones—with annual updates and annual notifications to the Secretary, owners and tenants of potentially impacted residences and commercial structures, and relevant first responders describing changes, operator legal duties, recipient legal rights, and how to request additional information, plus provision of such information on public request. (The National Pipeline Mapping System compiles operator-submitted geospatial and technical data to aid emergency responders and the public in identifying pipeline locations.)

This section requires all operators of natural gas pipelines to report to the Secretary blended, non-predominant products that exceed 1 percent by volume of the product transported by the pipeline at any point in time. The section authorizes the Secretary to promulgate new or revise existing regulations to implement this requirement.

This section directs the Secretary of Transportation to promulgate, not later than one year after enactment, new or revised regulations requiring operators of gas pipelines to report (1) all gas releases of 50,000 cubic feet or more, regardless of intent; and (2) all incidents resulting in (A) fire or explosion, (B) property damage of $50,000 or more, or (C) bodily harm necessitating carrying a person from the scene, medical treatment, loss of consciousness, or disability preventing normal duties beyond the day of the incident.

This section restructures the prohibitions applicable to pipeline facilities under 49 U.S.C. 60118(a)—previously listed as paragraphs (1) through (4)—as subparagraphs (A) through (D) under a new paragraph (1), and adds paragraph (2) to prohibit releases of gas or hazardous liquid in a quantity that requires reporting as an incident or accident under PHMSA regulations.

This section revises the citizen suit provision (49 U.S.C. 60121) under the pipeline safety laws—which previously authorized only injunctive relief against violators after notice and subject to government enforcement bars—to authorize private civil actions in district court for all appropriate relief, including civil penalties and injunctive relief. It (1) permits such actions against the Secretary of Transportation for any alleged failure to perform a nondiscretionary act or duty under these laws; (2) adds explicit federal jurisdiction without regard to amount in controversy or citizenship, including to enforce standards, regulations, or orders; order the Secretary to act; and impose civil penalties under 49 U.S.C. 60122; (3) specifies venue in the district of the violation or the U.S. District Court for the District of Columbia and grants the Secretary intervention as of right; and (4) clarifies that these remedies supplement, and do not restrict, other statutory or common law rights or state, local, or interstate enforcement authorities (subject to limits in 49 U.S.C. 60104(c)). (Thus, private parties may now seek monetary penalties payable to the U.S. Treasury and compel nondiscretionary agency action on pipeline safety, which covers approximately 3 million miles of gas and hazardous liquid pipelines.)

This section eliminates the $2 million maximum civil penalty for a related series of pipeline safety violations (49 U.S.C. 60122(a)(1)). It directs the Secretary of Transportation to revise subpart B of 49 C.F.R. part 190 accordingly within 180 days of enactment.