H.R. 9338
Pipeline Safety Authorization Act of 2026
Sponsor: Randy K. Weber, Sr. · 0 cosponsors
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Text of the bill
(a) Grants to States. Section 6106 of title 49, United States Code, is amended—
(1) in subsection (b), by inserting adoption or progress toward adoption of the leading practices listed in subsection (b) and before legislative and regulatory;
(2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively;
(3) by inserting after subsection (a) the following:
(b) Leading practices. Each State shall adopt as a part of its State one-call notification program 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 the State one-call notification program to prevent common excavation damage incidents, including limiting exemptions for—
(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;
(8) require the use of white lining or electronic white lining, allowing for exceptions for special large project tickets;
(9) require a positive response, meaning the utility, municipality, or other entity marks the area of excavation in positive response to the notification center and the excavator confirms a positive response before beginning excavation;
(10) require newly installed underground facilities to be locatable;
(11) require the marking of lines and laterals, including sewer lines and laterals;
(12) 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 (or any successor regulations);
(13) require training for locate professionals; and
(14) encourage the use of commercially available technologies to locate underground facilities, such as those that incorporate geographic information systems and enhanced positive response.
(c) Report to Congress
(1) Initial report. Not later than 3 years after the date of enactment of the Pipeline Safety Authorization Act of 2026, the Secretary shall submit to the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—
(A) the adoption of the leading practices described in subsection (b);
(B) recommendations to increase the adoption of such leading practices and recommendations for the reduction of excavation damage incidents; and
(C) the number of underground facility damages per 1,000 one-call tickets in each State for the reporting year.
(2) Additional reports. Not later than once every 2 years beginning after the submittal of the report under paragraph (1), the Secretary shall submit to the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—
(A) the adoption of the leading practices described in subsection (b);
(B) recommendations to increase the adoption of such leading practices and recommendations for the reduction of excavation damage incidents; and
(C) the number of underground facility damages per 1,000 one-call tickets in each state for each year covered by the report.
; and
(4) by adding at the end the following:
(f) Savings Clause. This section shall not affect—
(1) the eligibility of a State or State authority for a grant or payment under section 60107 or 60134;
(2) the requirements of section 60105 with respect to certifications under such section; or
(3) the requirements of section 60106 with respect to agreements under such section.
(b) State damage prevention programs. Section 60134(c) of title 49, United States Code, is amended—
(1) by striking In making grants and inserting the following:
(1) In general. In making grants
; and
(2) by adding at the end the following:
(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 the State one-call notification program, as such term is defined in section 6102, (including consistency in the application of enforcement resources, fines, and penalties to all relevant stakeholders, such as operators, locators, and excavators);
(B) data reporting requirements, including—
(i) 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 reporting)—
(I) information about the nature of the incident, including the facility damaged and the apparent cause of such damage (with supporting documentation);
(II) the organizations or entities involved;
(III) the impact to public safety, utility operations, and customer service; and
(IV) the impact to the environment; and
(ii) to a nationally focused nonprofit organization specifically established for the purpose of reducing construction-related damages to pipelines and other underground facilities, of damages and near-miss events to pipelines and other underground facilities from excavation damages, including potential contributing factors, facility damaged, type of excavator, work performed, equipment type, and State; and
(C) performance measures to determine the effectiveness of excavation damage prevention efforts.