[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2402 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2402

  To enhance the safety of Class 3 flammable liquid transportation by 
                     rail, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2019

   Mr. Wyden introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To enhance the safety of Class 3 flammable liquid transportation by 
                     rail, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crude Oil Advance Tracking Act'' or 
``COAT Act''.

SEC. 2. ADVANCE NOTIFICATION OF CLASS 3 FLAMMABLE LIQUID 
              TRANSPORTATION.

    (a) Railroad Tank Cars.--Section 20155 of title 49, United States 
Code, is amended by adding at the end the following:
    ``(c) Notification Requirement.--Any railroad carrier transporting 
Class 3 flammable liquids in tank cars shall notify all State and 
tribal emergency response commissions with jurisdiction along the path 
through which such liquids will be transported of such transportation 
not later than 24 hours after the shipment is tendered, including--
            ``(1) the number of gallons of each Class 3 flammable 
        liquid, identified by Standard Transportation Commodity Code or 
        United Nations or North American number;
            ``(2) the city and State from which the tank cars departed 
        and the date and time of such departure, in Coordinated 
        Universal Time (UTC);
            ``(3) the city and State to which the tank cars will arrive 
        and the date and time of such anticipated arrival, in 
        Coordinated Universal time (UTC); and
            ``(4) the location, date, and time of all crew changes 
        between the location described in paragraph (2) and the 
        location described in paragraph (3).''.
    (b) Use of Information.--
            (1) Commodity flow risk report.--The Hazardous Materials 
        Division of the Office of Railroad Safety of the Federal 
        Railroad Administration shall compile information submitted by 
        the State emergency response commissions and publicly publish 
        an annual report that identifies, for the most recent 12-month 
        period--
                    (A) the total volume of Class 3 hazardous materials 
                that passed through each State;
                    (B) the top 10 commodities, by volume, transported 
                by rail in each State; and
                    (C) a list and associated volume of all spills or 
                releases of Class 3 hazardous materials by rail in each 
                State.
            (2) Emergency response agencies.--The Hazardous Materials 
        Division and the Pipeline and Hazardous Materials Safety 
        Administration shall share information received under section 
        20155(c) or 60108(f) of title 49, United States Code, with 
        Federal, State, and local government emergency response 
        agencies.

SEC. 3. ADEQUATE INSURANCE FOR RAIL CARS CARRYING CLASS 3 FLAMMABLE 
              LIQUIDS.

    Section 20901 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Financial Assurance Reports.--
            ``(1) In general.--Any railroad carrier that transports 
        Class 3 flammable liquids shall include, in each annual report, 
        information regarding the ability of the railroad carrier, 
        through insurance payments or other assets, to pay all costs of 
        cleaning up a reasonable, worst-case spill, which shall be 
        calculated by multiplying the reasonable anticipated per-barrel 
        cleanup costs by the reasonable worst case spill volume.
            ``(2) Use of information.--Information provided pursuant to 
        paragraph (1) may not be used by the Federal Railroad 
        Administration or by any other Federal department or agency to 
        economically regulate or penalize a railroad.''.

SEC. 4. HIGH HAZARD RAIL SHIPMENTS PREPAREDNESS TRAINING STANDARDS.

    (a) Definitions.--Section 5102 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (2) through (14) as 
        paragraphs (3) through (15), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) `flammable liquids or gases' means--
                    ``(A) any `flammable liquid' (as defined in section 
                173.120 of title 49, Code of Federal Regulations); and
                    ``(B) any `flammable gas (Division 2.1)' (as 
                defined in section 173.115 of title 49, Code of Federal 
                Regulations).''.
    (b) Training Standards.--Section 5115(b)(1) of title 49, United 
States Code, is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) a recommended course of study and emergency 
                supplies to train public sector employees and 
                contractors to respond to an accident or incident 
                involving trains transporting at least 20 tank cars of 
                flammable liquids or gases;''.

SEC. 5. HIGH HAZARD RAIL SHIPMENTS PREPAREDNESS GRANTS.

    Section 5116(a) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(D) to develop, improve, and carry out emergency plans 
        for communities through which railroads transport a train or 
        trains transporting flammable liquids or gases.''; and
            (2) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``under paragraph (1) of this subsection'' and 
                inserting ``received to carry out the purposes 
                described in subparagraph (A) or (B) of paragraph 
                (1)'';
                    (B) in subparagraph (A), by striking ``and'' at the 
                end;
                    (C) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(C) the State or Indian tribe agrees to make available--
                    ``(i) at least 90 percent of the amount of the 
                grant received to carry out the purpose described in 
                paragraph (1)(D) in fiscal years 2020, 2021, and 2022 
                to local emergency planning committees established 
                under section 301(c) of the Emergency Planning and 
                Community Right-To-Know Act of 1986 (42 U.S.C. 
                11001(c)) to develop emergency plans under such Act; 
                and
                    ``(ii) at least 75 percent of the amount of the 
                grant received to carry out the purpose described in 
                paragraph (1)(D) in fiscal year 2023, and in each 
                subsequent fiscal year, to local emergency planning 
                committees established under such section 301(c) to 
                develop emergency plans under such Act.''.

SEC. 6. HIGH HAZARD RAIL SHIPMENTS TRAINING GRANTS.

    Section 5116 of title 49, United States Code, as amended by section 
5, is further amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(C), by inserting ``, including 
                accidents or incidents involving trains transporting at 
                least 20 tank cars of flammable liquids or gases'' 
                before the period at the end;
                    (B) in paragraph (2), by inserting ``, including 
                flammable liquids or gases'' before the period at the 
                end; and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end, and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(C) the State or Indian tribe agrees to make available--
                    ``(i) at least 90 percent of the amount of the 
                grant received to carry out the purpose described in 
                subparagraph (B) in fiscal years 2020, 2021, and 2022 
                to local emergency planning committees established 
                under section 301(c) of the Emergency Planning and 
                Community Right-To-Know Act of 1986 (42 U.S.C. 1101(c)) 
                to develop emergency plans under such Act; and
                    ``(ii) at least 75 percent of the amount of the 
                grant received to carry out the purpose described in 
                paragraph (1)(C) in fiscal year 2023, and in each 
                subsequent fiscal year, to local emergency planning 
                committees established under such section 301(c) to 
                develop emergency plans under such Act.''; and
            (2) by adding at the end the following:
    ``(k) Federal Share of Costs for High Hazard Train Grants.--The 
Federal share of each grant awarded under subsection (a), for the 
purposes described in paragraph (1)(D) of such subsection, shall be--
            ``(1) 100 percent of the eligible costs incurred by the 
        State or Indian tribe in fiscal years 2020, 2021, and 2022; and
            ``(2) 80 percent of the eligible costs incurred by the 
        State or Indian tribe in fiscal year 2023 and each subsequent 
        fiscal year.''.

SEC. 7. TRACK RELOCATION AND RAILROAD INSPECTION SAFETY GRANTS.

    (a) Defined Term.--In this section, the term ``flammable liquids or 
gases'' means--
            (1) any ``flammable liquid'' (as defined in section 173.120 
        of title 49, Code of Federal Regulations); and
            (2) any ``flammable gas (Division 2.1)'' (as defined in 
        section 173.115 of title 49, Code of Federal Regulations).
    (b) Establishment of Program.--The Secretary of Transportation 
shall carry out a grant program to provide financial assistance for 
local projects, activities, and personnel that mitigate the impacts of, 
and public health or environmental risks associated with, the transport 
of flammable liquids or gases by rail.
    (c) Eligibility.--A State or political subdivision of a State is 
eligible to receive a grant under this section, to the extent the 
project or activity is consistent with the goals under subsection (b), 
for--
            (1) projects eligible for assistance under section 20154 of 
        title 49, United States Code; or
            (2) State rail safety participation under section 20105 of 
        title 49, United States Code.
    (d) Project Selection Criteria.--In determining whether to award a 
grant to an eligible recipient under this section, the Secretary shall 
consider--
            (1) the volume of flammable liquids or gases being 
        transported by rail through a relevant State or community; and
            (2) the extent to which the project or activity will 
        mitigate risk factors associated with rail transportation of 
        flammable liquids or gases, including reducing risks to--
                    (A) public safety;
                    (B) the environment; and
                    (C) public or private property.
    (e) Non-Federal Share.--
            (1) Maximum federal share.--Notwithstanding the limitation 
        set forth in section 20105(e) of title 49, United States Code, 
        the Federal share of project costs under this section may be up 
        to 90 percent.
            (2) Method of payment.--The non-Federal share of project 
        costs under this section may be paid in cash or in kind from a 
        grantee or a private entity involved with the project.
    (f) Agreements.--As a condition of awarding any grant under this 
section for a project that uses rights-of-way owned by a railroad, the 
Secretary shall require that a written agreement exist between the 
applicant and the railroad regarding such use.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) High Hazard Rail Shipments Preparedness and Training Grants.--
            (1) In general.--There is authorized to be appropriated 
        $15,000,000 in each of the fiscal years 2020, 2021, and 2022 
        for grants authorized under section 5116(a) of title 49, United 
        States Code, for the purposes described in paragraph (1)(D) of 
        such subsection.
            (2) Availability.--Of the amounts appropriated pursuant to 
        paragraph (1)--
                    (A) the amounts appropriated for fiscal year 2020 
                shall remain available until September 30, 2021; and
                    (B) the amounts appropriated for fiscal year 2021 
                shall remain available until September 30, 2022.
    (b) Track Relocation and Railroad Inspection Safety Grants.--There 
is authorized to be appropriated $25,000,000 in each of the fiscal 
years 2020, 2021, 2022, and 2023 for grants authorized under section 7.
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