Mr. Chair, I yield myself such time as I may consume. Mr. Chair, I rise in opposition to H.R. 2910. The bill shortcuts the important review process for interstate natural gas pipeline projects, a process which already boasts one of the…
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I rise in opposition to H.R. 2910. The bill shortcuts the important review process for interstate natural gas pipeline projects, a process which already boasts one of the quickest review periods for any type of major energy project. The bill is unnecessary.
To my colleague from the Energy and Commerce Committee's point when he says that too many of these projects are being delayed: to the contrary. The Federal Energy Regulatory Commission testified in front of our committee
that almost 90 percent of interstate natural gas pipeline projects are approved within 1 year. This is a dangerous bill because of what it does to short-circuit safety and environmental review processes.
Now, I want to say, at the outset, pipelines can be a safe and practical way to transport natural gas. Natural gas pipelines are part of a modern energy infrastructure system--I would say that almost all Democrats agree with that--but what this bill does is it shortcuts, it overrides safety, private property rights, environmental concerns.
This is a problem, because when you look at the long list of serious accidents involving natural gas pipelines, the fatalities, the accidents, the injuries, it is just inappropriate and very poor public policy to give those natural gas pipelines a pass.
Mr. Chair, I yield as much time as he may consume to the gentleman from Illinois (Mr. Rush), the ranking member of the Energy and Commerce's Subcommittee on Energy.
Mr. Chair, I think the point on eminent domain is the fact that this bill will trample on the rights of landowners, because my colleague is correct, current law gives natural gas pipeline companies access to Federal eminent domain authority, allowing these corporations to take private property to build their pipelines. But what the bill does, it would further narrow the already few opportunities that landowners and stakeholders have for review of safety and important environmental protections.
It also would allow surveying while circumventing local permitting and without property owner consent, and that is a very significant change, because it would allow Federal and State agencies to accept aerial survey data and provides that the agencies may grant conditional approvals based on that data, and that can be unwise and unsafe. So we wanted to highlight that as a very significant concern for those Members who are concerned about eminent domain and private property rights.
Mr. Chair, I yield 5 minutes to the gentlewoman from New Jersey (Mrs. Watson Coleman).
Mr. Chairman, I want to make it clear: I heard the comments of my colleague from Tennessee, and the Democrats do support natural gas pipelines, a very important part of our energy infrastructure.
And, as a reminder, the Federal Energy Regulatory Commission approves
almost 90 percent of all pipeline applications within 1 year. And if there is any holdup recently, it is because the Republican-led Senate has not confirmed an additional FERC appointee. That is holding up the process of approving more natural gas pipelines.
What we don't approve of, however, is a spill that attempts to short- circuit very important safety and environmental review processes and take private property rights away from landowners.
Mr. Chairman, I yield 4 minutes to the gentleman from New York (Mr. Tonko).
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, when we had a hearing earlier in the year in the Energy and Commerce Committee, I assumed there was a major backlog of unreviewed applications that spurred my colleagues on the other side of the aisle to draft this bill. But then we heard from experts from the Federal Energy Regulatory Commission about this, and they testified that nearly 90 percent of these major infrastructure projects are approved in less than a year.
Many companies working to have other interstate energy projects approved can only dream of a Federal review occurring in less than a year. So this is already a very efficient process.
I would say this bill is unnecessary, it is duplicative, and it is wasteful. And I know many in the Congress here are looking for ways to eliminate government waste and duplication.
The Congress has already taken action to streamline the Federal environmental permitting review process for major infrastructure projects. Sometimes our memories are short, but it was just last Congress where Congress adopted the major Transportation and Infrastructure bill, the FAST Act. It passed in a bipartisan manner and was signed into law.
The FAST Act authorized the Federal Permitting Improvement Steering Council, or FPISC, to improve the timeliness, predictability, and transparency of Federal environmental review processes for these major infrastructure projects.
Now, FPISC is already getting underway. It has set up this enhanced coordination and transparency by establishing a lead agency for the project, recommends performance schedules, and public project timetables. Many of the provisions in this bill, however, seem to be largely duplicative of the activities of FPISC and what they are already doing.
FPISC is already overseeing and coordinating permitting processes for 32 major infrastructure projects, including seven interstate natural gas pipelines--just to highlight that this is an unnecessary power grab that really is short-circuiting very important safety and environmental review processes.
There is no problem across this country right now with getting your natural gas pipeline approved unless there is a real problem in the details of the application.
Now, I used to practice environmental law in a previous lifetime, and what I learned is, when you provide for these short-circuited processes that keep the public out, that keep other stakeholders out, what you are going to do on the back end, you are going to cause more lawsuits, more delays, rather than just adhering to the proper process, answering questions as you go along, pressing ahead, altering the route when it needs to be rerouted.
So this is a very important issue. The details really matter here.
I reserve the balance of my time.
Mr. Chairman, I have one additional speaker and some submissions for the Record.
Mr. Chairman, I yield myself such time as I may consume.
I include in the Record some information on pipeline incidents from the U.S. Government, just to highlight the fact that it is vitally important that these pipelines undergo safety and environmental reviews. These are the pipeline incident reports from 1997-2016 for all States. I will just read a few of these statistics here.
In 2016, you had 16 fatalities from natural gas pipeline incidents, 83 injuries, total cost of property damage, over $300 million. In 2015, 10 fatalities, 49 injuries, over 328 incidents. There is a 3-year average from 2014-2016 of 312 incidents. The 5-year average across the country is 299 incidents; 10-year average, 286 incidents.
For fatalities, the 3-year average, 15 fatalities; the 5-year average, 13; the 10-year average, 13; the 20-year average, 16.
And for injuries, the 3-year average, 75 injuries; the 5-year average, 64 injuries; the 10-year average, 64 injuries; the 20-year average, 65 injuries. And the property damage report, just the 3-year average is about $315 million.
PHMSA Pipeline Incidents: Multi-Year Averages (19974-2016)
Incident Type: Significant, System Type: All, State: All.
Incident count:
3 Year Average, (2014-2016), 312; 5 Year Average, (2012-
2016), 299; 10 Year Average, (2007-2016), 286; 20 Year
Average, (1997-2016), 284.
Fatalities:
3 Year Average, 15; 5 Year Average, 13; 10 Year Average,
13; 20 Year Average, 16.
Injuries:
3 Year Average, 75; 5 Year Average, 64; 10 Year Average,
64; 20 Year Average, 65.
Total cost:
3 Year Average, $315,138,727; 5 Year Average, $306,888,604;
10 Year Average, $475,607,772; 20 Year Average, $389,601,666.
2017 Year-to-date:
Incidents, 118; Fatalities, 1; Injuries, 16; Total Cost,
$49,385,394.
Calendar year, Number, Fatalities, Injuries, Total cost
current year dollars:
1997, 267, 10, 77, $110,377,793; 1998, 295, 21, 81,
$174,516,797; 1999, 275, 22, 108, $178,313,209; 2000, 290,
38, 81, $257,659,464; 2001, 233, 7, 61, $79,086,596; 2002,
258, 12, 49, $124,067,949; 2003, 297, 12, 71, $163,459,897;
2004, 309, 23, 56, $314,362,210; 2005, 336, 16, 46,
$1,476,994,582; 2006, 257, 19, 34, $157,117,098; 2007, 265,
15, 46, $147,800,810; 2008, 278, 8, 54, $592,290,867; 2009,
275, 13, 62, $180,360,208; 2010, 264, 19, 103,
$1,854,123,037; 2011, 287, 12, 51, $447,059,777; 2012, 254,
10, 54, $233,813,285; 2013, 304, 8, 42, $355,213,552; 2014,
301, 19, 94, $305,253,746; 2015, 328, 10, 49, $338,297,940;
2016, 308, 16, 83, $301,864,494; Grand Total, 5,681, 310,
1,302, $7,792,033,312.
Mr. Chairman, I would just say that it is inappropriate to short-circuit the very important safety and environmental review processes for our interstate natural gas pipelines. This is a solution in search of a problem.
We know that FERC approves these gas pipeline applications at about 90 percent. The only reason a little delay has fallen off recently is because the Senate has not approved the new FERC appointee over a matter of 5 months. If they would do that, I think they could get back on track as well.
The ones that are not approved are undergoing very significant review. Even in the case for the major projects now, we have a new system, a coordinated effort through the FPISC, the new council that is overseeing interstate natural gas pipeline, so it is duplicative as well.
It is inappropriate for a process that already grants eminent domain rights through pipeline companies to go through private property now to short-circuit the environmental and safety reviews. That is just really going too far for corporations and their profits, where landowners and other stakeholders have to have the ability to weigh in. Otherwise, you are going to cause more lawsuits and more delays at the very end of the process and, I think, do exactly the opposite of what the author of the legislation intends to do.
So at this point, based upon all of the evidence that has been presented, I urge my colleagues to vote ``no'' on this bill. Don't elevate corporate profits over the interests of the public.
I yield back the balance of my time.