118 S844 IS: Assistance for Local Heroes During Train Crises Act U.S. Senate 2023-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 844IN THE SENATE OF THE UNITED STATESMarch 16, 2023Mr. Casey (for himself, Mr. Fetterman, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo authorize the declaration of a hazardous train event, and for other purposes.

1.

Short title

This Act may be cited as the Assistance for Local Heroes During Train Crises Act.

2.

Hazardous train events

(a)

In general

Chapter 209 of title 49, United States Code, is amended by adding at the end the following:

20904.

Hazardous train events

(a)

Definitions

In this section:(1)

Administrator

The term Administrator means the Administrator of the Federal Railroad Administration.(2)

Eligible entity

The term eligible entity means a State or local emergency response group, including a law enforcement agency, a fire department, and an emergency response agency, located in an area affected by a hazardous train event.(3)

Fund

The term Fund means the Hazardous Train Event Emergency Reimbursement Fund established under subsection (c).(4)

Hazardous train event

The term hazardous train event means an train incident that the Administrator has declared to be a hazardous train event pursuant to subsection (b).(b)

Declaration

(1)

In general

The Administrator, in consultation with the Administrator of the Federal Emergency Management Agency and the Administrator of the Environmental Protection Agency, may declare that a hazardous train event has occurred not later than 3 days after the occurrence of a train derailment, train crash, or other incident involving a train carrying hazardous materials, hazardous waste, or other materials that pose a threat to public health, safety, and the environment, as determined by the Administrator.(2)

Effect of declaration

Upon a declaration pursuant to subsection (a), the Administrator shall immediately award at least $250,000 from the Fund to 1 or more eligible entities pursuant to subsection (d).(3)

Additional funding award

Not later than 5 days after a declaration pursuant to subsection (a), the Administrator may award additional amounts to the initially awarded entities for further costs or other eligible entities from the Fund, not to exceed $3,000,000 per hazardous train event. Amounts awarded pursuant to this paragraph shall be allocated based on additional needs, as determined by the Administrator.(c)

Hazardous Train Event Emergency Reimbursement Fund

There is established within the Treasury of the United States a fund, which—(1)shall be known as the Hazardous Train Event Emergency Reimbursement Fund; and(2)shall be administered by the Administrator.(d)

Assistance for eligible entities

(1)

In general

The Administrator may use amounts from the Fund to reimburse eligible entities, in accordance with subsection (b)—(A)for the cost of replacing equipment that is damaged, contaminated, or otherwise rendered unusable as a result of the response of the eligible entity to a hazardous train event;(B)for overtime pay for firefighters, law enforcement officers, or other emergency responders who work at the scene of a hazardous train event;(C)for operational costs for actions taken to respond to a hazardous train event;(D)for any other purpose related to a hazardous train event, as determined by the Administrator; and(E)to retroactively cover a cost described in any of subparagraphs (A) through (D) that is incurred after the date of a hazardous train event or within 30 days of the receipt of amounts under this subsection.(2)

Documentation of costs

(A)

In general

Not later than 120 days after the date on which the Administrator declares a hazardous train event for which an eligible entity receives assistance under this subsection, the eligible entity shall submit documentation to the Administrator for each item for which such assistance is used through procurement or reimbursement. (B)

Reimbursement

If the Administrator determines that an eligible entity has used assistance received under this subsection in violation of this subsection, the eligible entity shall reimburse the Fund for the amount of such assistance. Reimbursements to the Fund shall be made eligible for future hazardous train events.

.(b)

Clerical amendment

The analysis for chapter 209 of title 49, United States Code, is amended by adding at the end the following:20904. Hazardous train events..

3.

Advance warning requirement

The Secretary of Transportation, in consultation with the Administrator of the Transportation Security Administration, shall issue regulations requiring any railroad that transports hazardous materials by train through any community in the United States to provide county and local emergency response groups in such community, including police departments, fire departments, and emergency response agencies, with—(1)advance warning of such train’s load and timing; and(2)real-time location information on such a train when it enters and exits its service area the applicable service area.

4.

Hazardous materials emergency reimbursement fee

(a)

In general

Section 5108(g) of title 49, United States Code, is amended by adding at the end the following:(4)

Hazardous materials emergency reimbursement fee for shippers and carriers of hazardous material

(A)

Schedule of fees

The Secretary shall prescribe a schedule of annual fees for shippers and carriers of hazardous materials by rail that have total annual collections of not less than $10,000,000. (B)

Deposits into trust fund

Fees collected pursuant to subparagraph (A) shall be deposited into the Hazardous Train Event Emergency Reimbursement Fund established under section 20904..(b)

Deposits into trust fund

Amounts collected from shippers and carriers pursuant to section 5108(g)(4), United States Code, as added by subsection (a), shall be regularly deposited into the Hazardous Train Event Emergency Reimbursement Fund established under section 20904 of title 49, United States Code, as added by section 2.