Underground Infrastructure - February 2023 - 19

lawmakers should advance legislation this year that opens the
door to opportunities for RNG.
RNG can be very helpful to maintain a diverse range of energy
sources needed to address climate change. Because it is storable,
dispatchable and can be combined with other fuel, heat,
and power generation resources, RNG should be considered a
complement to other renewable energy sources and a legitimate
tool in America's energy tool box.
Pipeline safety back in play
Although it may seem early, this year's energy debate will include
reauthorization of the Pipeline and Hazardous Materials
Safety Administration (PHMSA) and the nation's pipeline safety
program in general. Passed in 2020, the last reauthorization
bill focused on gas distribution systems. As this year's pipeline
safety measure is developed, pipeline industry organizations are
putting together their agendas for consideration on Capitol Hill.
Damage prevention to underground pipelines will likely be a
part of the next pipeline safety debate. Ensuring a safe worksite
has always been fundamental to pipeline contractors, and damage
prevention continues to be front and center to achieving that
goal. Many contractors were pleased to see that the last PIPES
Act included language that would require operators of gas distribution
pipelines to identify and manage traceable, reliable, and
complete records, including maps and other drawings.
Geographic information systems (GIS) are widely considered
the most effective way to identify and document a range of data
about the underground infrastructure in a given area. Some stakeholders
are looking at ways to incentive use of GIS mapping to
bolster pipeline safety. GIS can create, manage, visualize, analyze
and map different layers of data related to underground facilities.
When it comes to federal policy, many damage prevention issues
addressed in pipeline safety legislation impact other underground
construction markets. While not regulated by PHMSA
or other federal agencies, state and local damage prevention
requirements that emulate PHMSA policy can affect construction
operations related to broadband deployment, electric grid
improvements, water and sewer upgrades, etc.
In other words, if GIS mapping is increasingly adopted within
the pipeline industry, its benefits are likely to spread to other
underground utility markets.
It is clear that GIS mapping is increasingly utilized to ensure
accurate locating and marking of underground facilities. Some
construction groups are discussing the need for increased use of
this critical tool in the next pipeline safety bill. More on GIS and
pipeline safety later this year.
Permitting reform
Comprehensive reforms to the permitting process for energy
projects remains a priority for any entity interested in initiating
projects to improve America's dilapidated underground
infrastructure. This has become a bipartisan issue after a
$1.2-trillion-dollar infrastructure bill was enacted and getting
projects off the ground was in the best interest of the White
House and every lawmaker who voted for the IIJA.
The irony was not lost to many, as the same support for
expediting permit approvals was coming from the very people
who spent decades ensuring the procedural hurdles that have
delayed critical infrastructure projects, remain.
That said, progress has been made, and permit reform may
end up being one of the few opportunities for Democrats and
Republicans to find a compromise. Energy policy is expected to
be considered in early 2023, which may provide for bipartisan
negotiations on ways to expedite the prolonged and outdated
permit process for energy and other infrastructure projects.
As American businesses face increasing pressure to pursue
environmental, social and governance (ESG) programs, GOP
leaders are likely to pursue actions that would limit the impact
of ESG frameworks intended to influence business decisions.
ESG represents a more stakeholder-focused approach to doing
business, setting non-financial principles that investors use to
measure a company's sustainability.
Environmental factors look at the conservation of the natural
environment; social factors examine how a company treats
people both inside and outside the company; and governance
factors consider how a company is run.
Key Republicans proposed previous legislation intended to
roll back the influence of ESG obligations in financial decision
making, and these proposals are sure to continue in the 118th
Congress. However, the GOP should not expect proponents in
Congress to concede any progress they've made in encouraging
ESG considerations within the American business community.
Showing up
The 118th Congress will be a busy one. Capitol Hill is finally
opening up, and " in-person " visits are already being held after almost
three years of zoom meetings, virtual conferences and other
interpersonal restrictions stemming from the COVID pandemic,
and security concerns in the wake of Jan. 6, 2021 events.
The days of " stay-home " advocacy enjoyed by many are
thankfully over - it's time to show up and make the case for the
underground construction industry.
Opening the doors to the public means opening the door to
public influence, and industries that don't show up will end up
getting what the government gives them. Those in the underground
construction industry need to stay engaged as this new
Congress delves into these and other impactful issues. UI
WYMAN ASSOCIATES offers strategic
consulting with its clients and direct
advocacy before the United States
Congress and executive branch agencies. Working with several allies
in Washington and around the country, provides clients a constant
voice in the national debate.
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Underground Infrastructure - February 2023

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