Sec. 13. COST RECOVERY FOR DESIGN REVIEWS
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## SEC. 13 COST RECOVERY FOR DESIGN REVIEWS ###
(a)In General Section 60117(n) is amended to read as follows: > > ### “(n) Cost Recovery for Design Reviews > > > #### “(1) In general > > > ##### “(A) Review costs > > For any project described in subparagraph (B), if the Secretary conducts facility design safety reviews in connection with a proposal to construct, expand, or operate a gas or hazardous liquid pipeline facility or liquefied natural gas pipeline facility, including construction inspections and oversight, the Secretary may require the person proposing the project to pay the costs incurred by the Secretary relating to such reviews. If the Secretary exercises the cost recovery authority described in this paragraph, the Secretary shall prescribe a fee structure and assessment methodology that is based on the costs of providing these reviews and shall prescribe procedures to collect fees under this paragraph. The Secretary may not collect design safety review fees under this paragraph and section 60301 for the same design safety review. > > > ##### “(B) Projects to which applicable > > Subparagraph
(A)applies to any project that— > > > ###### “(i) > > has design and construction costs totaling at least $2,500,000,000, as periodically adjusted by the Secretary to take into account increases in the Consumer Price Index for all-urban consumers published by the Department of Labor, based on— > > > ###### “(I) > > the cost estimate provided to the Federal Energy Regulatory Commission in an application for a certificate of public convenience and necessity for a gas pipeline facility or an application for authorization for a liquefied natural gas pipeline facility; or > > > ###### “(II) > > a good faith estimate developed by the person proposing a hazardous liquid pipeline facility and submitted to the Secretary; or > > > ###### “(ii) > > uses new or novel technologies or design, as determined by the Secretary. > > > #### “(2) Notification > > For any new pipeline facility construction project in which the Secretary will conduct design reviews, the person proposing the project shall notify the Secretary and provide the design specifications, construction plans and procedures, and related materials at least 120 days prior to the commencement of construction. To the maximum extent practicable, not later than 90 days after receiving such design specifications, construction plans and procedures, and related materials, the Secretary shall provide written comments, feedback, and guidance on the project. > > > #### “(3) Pipeline safety design review fund > > > ##### “(A) Establishment > > There is established a Pipeline Safety Design Review Fund in the Treasury of the United States. > > > ##### “(B) Deposits > > The Secretary shall deposit funds paid under this subsection into the Fund. > > > ##### “(C) Use > > Amounts in the Fund shall be available to the Secretary, in amounts specified in appropriations Acts, to offset the costs of conducting facility design safety reviews under this subsection. > > > #### “(4) No additional permitting authority > > Nothing in this subsection may be construed as authorizing the Secretary to require a person to obtain a permit before beginning design and construction in connection with a project described in paragraph (1)(B).” > . ###
(b)Guidance **[**[49 U.S.C. 60117 note](/us/usc/t49/s60117)**]** Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue guidance to clarify the meaning of the term “new or novel technologies or design” as used in section 60117(n)(1)(B)(ii) of title 49, United States Code, as amended by subsection
(a)of this section.
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Sec. 13
COST RECOVERY FOR DESIGN REVIEWS
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