,,ii #aadth ,,congress #ast ,session ,s4 #aage ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #cj1 #bjae ,mr4 ,wyden 7for himself1 ,mrs4 ,feinstein1 ,mr4 ,schumer1 ,mr4 ,brown1 ,mr4 ,casey1 ,mr4 ,warner1 ,mr4 ,merkley1 and ,mr4 ,kaine7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to improve the safety of hazardous materials rail transportation1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,hazardous ,materials ,rail ,transportation ,safety ,improvement ,act of #bjae4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,creation and funding of ,hazardous ,liquids ,rail ,spill ,liability ,account ,sec4 #aja4 ,establishment of a ,hazardous ,liquids ,rail ,spill ,liability ,account within the ,oil ,spill ,liability ,trust ,fund4 ,sec4 #ajb4 ,hazardous substances discharges4 ,sec4 #ajc4 ,fee on certain hazardous flammable liquids transported by rail4 ,sec4 #ajd4 ,qualified tank car conversion expenses4 ,,title ,,ii--,preparedness ,sec4 #bja4 ,high hazard rail shipments preparedness training standards4 ,sec4 #bjb4 ,high hazard rail shipments preparedness grants4 ,sec4 #bjc4 ,high hazard rail shipments training grants4 ,sec4 #bjd4 ,track relocation and railroad inspection safety grants4 ,sec4 #bje4 ,implementing recommendations of the ,national ,transportation ,safety ,board4 ,,title ,,iii--,data collection ,sec4 #cja4 ,national preparedness survey4 ,sec4 #cjb4 ,hazardous materials rail car census4 ,sec4 #cjc4 ,energy train data collection4 ,sec4 #cjd4 ,train length study4 ,,title ,,iv--,authorization of appropriations ,sec4 #dja4 ,authorization of appropriations4 ,i ,creation and funding of ,hazardous ,liquids ,rail ,spill ,liability ,account #aja4 ,establishment of a ,hazardous ,liquids ,rail ,spill ,liability ,account within the ,oil ,spill ,liability ,trust ,fund 7a7 ,in general ,section #ieji of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7g7 ,establishment of hazardous liquids rail spill liability account 7#a7 ,creation of account ,there is established in the ,oil ,spill ,liability ,trust ,fund a separate account to be known as the ,hazardous ,liquids ,rail ,spill ,liability ,account consisting of such amounts as may be transferred or credited to the ,hazardous ,liquids ,rail ,spill ,liability ,account as provided in this section or section #ifjb7;b74 7#b7 ,transfers to ,hazardous ,liquids ,rail ,spill ,liability ,account ,the ,secretary of the ,treasury shall transfer to the ,hazardous ,liquids ,rail ,spill ,liability ,account the following amounts3 7,a7 ,amounts received after the date of the enactment of this subsection in the ,oil ,spill ,liability ,trust fund under paragraphs 7#b71 7#c71 and 7#h7 of subsection 7b7 and which are attributable to discharges of oil 7within the meaning of section #caa of the ,federal ,water ,pollution ,control ,act7 resulting from rail transportation of such oil4 7,b7 ,amounts recovered on behalf of the ,hazardous ,liquids ,rail ,spill ,liability ,account under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj4 7#c7 ,expenditures from account 7,a7 ,in general ,amounts in the ,hazardous ,liquids ,rail ,spill ,liability ,account shall be available1 as provided in appropriations ,acts or section #fjjb7;b7 of the ,oil ,pollution ,act of #aiij1 for making expenditures only for the following purposes3 7i7 ,any purpose which is described in subparagraph 7,a7 or 7,d7 of subsection 7c77#a7 and which are attributable to discharges of oil 7within the meaning of section #caa of the ,federal ,water ,pollution ,control ,act7 resulting from rail transportation of such oil4 7ii7 ,any response action for which there is an authorization under section #ajd of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7as in effect on the date of the enactment of this subsection7 and which is attributable to releases of hazardous substances 7within the meaning of section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj7 resulting from rail transportation of such hazardous substances4 7,b7 ,transfers for certain grants1 surveys1 studies1 and reports ,the ,secretary shall pay from time to time from the ,hazardous ,liquids ,rail ,spill ,liability ,account into the general fund of the ,treasury amounts equivalent to amounts appropriated for purposes of-- 7i7 awarding grants authorized under subsections 7a77#a77;,c7 and 7b77#a77;,b7 of section #eaaf of title #di1 ,united ,states ,code1 7ii7 awarding grants authorized under section #bje of the ,hazardous ,materials ,rail ,transportation ,safety ,improvement ,act of #bjae1 7iii7 carrying out the national preparedness survey conducted under section #cja of the ,hazardous ,materials ,rail ,transportation ,safety ,improvement ,act of #bjae1 7iv7 carrying out energy train data collection under section #cjc of the ,hazardous ,materials ,rail ,transportation ,safety ,improvement ,act of #bjae1 7v7 carrying out the crude oil train study conducted under section #cjd of the ,hazardous ,materials ,rail ,transportation ,safety ,improvement ,act of #bjae1 and 7vi7 carrying out the train length study under section #cje of the ,hazardous ,materials ,rail ,transportation ,safety ,improvement ,act of #bjae4 7,c7 ,transfers related to qualified tank car conversion credit ,the ,secretary shall pay from time to time from the ,hazardous ,liquids ,rail ,spill ,liability ,account into the general fund of the ,treasury amounts 7as determined by the ,secretary7 equivalent to the gross amount of credits determined under section #de,s7a71 as estimated by the ,secretary4 4 7b7 ,conforming amendments 7#a7 ,section #ieji7;c77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking ,amounts and inserting ,except as provided in subsection 7g71 amounts4 7#b7 ,section #ieji7;c77#b7 of such ,code is amended by inserting 7determined without regard to any amount in the ,hazardous ,liquids ,rail ,spill ,liability ,account7 after in such ,trust ,fund4 7#c7 ,section #ieji7;f7 of such ,code is amended by inserting or 7g77#c7 after 7c77#a74 #ajb4 ,hazardous substances discharges 7a7 ,elements of liability ,section #ajjb7;a7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgjb7;a77 is amended by inserting or a discharge of oil posing a substantial threat to public health or welfare as described in section #caa7;c77#b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;c77#b77 and resulting from rail transportation of such oil after economic zone4 7b7 ,designation of hazardous substances ,section #caa7;b77#b77;,a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;b77#b77;,a77 is amended-- 7#a7 by inserting 7i7 before ,the ,administrator2 and 7#b7 by adding at the end the following3 7ii7 ,rail transportation materials ,for purposes of this section and section #aja7ad7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ad771 the ,administrator shall designate as a hazardous substance any hazardous material described in section #agb4aja of title #di1 ,code of ,federal ,regulations 7or a successor regulation71 that is designated as a ,class #c material in packing group ,i1 ,,ii1 or ,,iii and discharged due to rail transportation4 4 #ajc4 ,fee on certain hazardous flammable liquids transported by rail 7a7 ,imposition 7#a7 ,in general ,chapter #ch of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subchapter3 ,e ,hazardous flammable liquids transported by rail ,sec4 #dfia4 ,imposition4 #dfia4 ,imposition 7a7 ,in general ,there is hereby imposed a fee at the rate specified in subsection 7b7 on-- 7#a7 the placement of any hazardous flammable liquids into a ,,dot-#aaa tank car at any location in the ,united ,states1 and 7#b7 the entry into the ,united ,states of any ,,dot-#aaa tank car carrying any hazardous flammable liquids4 7b7 ,rate ,the rate imposed by this section is-- 7#a7 #age in the case of any placement or entry before ,january #a1 #bjag1 7#b7 #cej in the case of any placement or entry after ,december #ca1 #bjaf1 and before ,january #a1 #bjah1 7#c7 #gjj in the case of any placement or entry after ,december #ca1 #bjag1 and before ,january #a1 #bjai1 and 7#d7 #a1djj in the case of any placement or entry after ,december #ca1 #bjah4 7c7 ,persons liable 7#a7 ,placement into tank car ,the fee imposed by subsection 7a77#a7 shall be paid by the person who offers the hazardous flammable liquid for transportation in the ,,dot-#aaa tank car into which such hazardous flammable liquid is placed4 7#b7 ,entry of tank car into ,united ,states ,the fee imposed by subsection 7a77#b7 shall be paid by the person entering the hazardous flammable liquid contained in a ,,dot-#aaa tank car into the ,united ,states4 7d7 ,special rules 7#a7 ,treatment of multiple placements ,no fee shall be imposed under subsection 7a77#a7 with respect to any placement of hazardous flammable liquids into a ,,dot-#aaa tank car if-- 7,a7 a fee has already been imposed with respect to hazardous flammable liquids in such tank car under subsection 7a71 and 7,b7 no hazardous flammable liquid has been removed from such tank car after the first imposition of such fee4 ,under regulations prescribed by the ,secretary1 this paragraph shall not apply to any placement made for the purposes of avoiding the fee under this subchapter4 7#b7 ,only #a fee imposed with respect to any product ,no fee shall be imposed under subsection 7a7 with respect to any hazardous flammable liquid if the person who would be liable for such fee establishes that a prior fee imposed by such subsection has been imposed with respect to the same such hazardous flammable liquid4 ,for purposes of the preceding sentence1 any hazardous flammable liquid which has been substantially changed into another hazardous flammable liquid shall not be treated as the same hazardous flammable liquid4 7e7 ,definitions and other rules ,for purposes of this section-- 7#a7 ,hazardous flammable liquid ,the term hazardous flammable liquid means any liquid which-- 7,a7 is listed in the hazardous materials table contained in section #agb4aja of title #di1 ,code of ,federal ,regulations1 7,b7 is identified on such table as hazard class or division #c1 and 7,c7 is assigned on such table to packing group ,i1 ,,ii1 or ,,iii4 7#b7 ,,dot-#aaa tank car ,the term ,,dot-#aaa ,tank ,car means a rail tank car that-- 7,a7 meets the specifications for ,class ,,dot-#aaa tank cars set forth in subpart ,d of part #agi of title #di1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this section1 and 7,b7 does not meet the requirements of-- 7i7 in the case of any placement or entry during a period in which the enhanced tank car final rule is in effect1 such enhanced tank car final rule 7as in effect on the date of such placement or entry71 and 7ii7 in the case of any other placement or entry1 the requirements of ,casualty ,prevention ,circular #abcb1 as issued by the ,association of ,american ,railroads on ,august #ca1 #bjaa4 7#c7 ,person who offers 7,a7 ,in general ,the term person who offers means any person who tenders or makes the hazardous flammable liquid available to a carrier for transportation in commerce4 7,b7 ,special rule ,a carrier is not a person who offers when it transfers a hazardous material to another carrier for continued transportation in commerce4 7,c7 ,terms ,any term used in this paragraph which is defined in section #aga4h of title #di1 ,code of ,federal ,regulations1 shall have the meaning given such term under such section4 7#d7 ,enhanced tank car final rule ,the term enhanced tank car final rule means any final rule promulgated by the ,pipeline and ,hazardous ,materials ,safety ,administration that is a successor to the proposed rule entitled ,enhanced ,tank ,car ,standards and ,operational ,controls for ,high-,hazard ,flammable ,trains1 published by such ,administration in the ,federal ,register on ,august #a1 #bjad 7#gi ,fed4 ,reg4 #dejae2 ,docket ,no4 ,,phmsa-#bjab-jjhb 7,,hm-#bea774 7#e7 ,treatment of fee ,the fee imposed under this section shall be paid upon notice and demand1 and shall be assessed1 collected1 and paid in the same manner as taxes4 ,any reference in this title 7except subchapter ,b of chapter #fc7 to any tax imposed by this title shall be deemed to also refer to the fee imposed by this section4 4 7#b7 ,clerical amendment ,the table of subchapters for chapter #ch of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,subchapter ,e4 ,hazardous flammable liquids transported by rail 4 7b7 ,deposit of amounts into ,oil ,spill ,liability ,trust ,fund 7#a7 ,in general ,section #ieji7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of paragraph 7#g71 by striking the period at the end of paragraph 7#h7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#i7 amounts received in the ,treasury under section #dfia4 4 7#b7 ,transfer to hazardous liquids rail spill liability account ,paragraph 7#b7 of section #ieji7;g7 of such ,code1 as added by section #aja1 is amended by adding at the end the following new subparagraph3 7,c7 ,amounts received in the ,oil ,spill ,liability ,trust fund under subsection 7b77#i74 4 7c7 ,effective date ,the amendments made by this section shall apply to placements and entries occurring in calendar quarters beginning more than #fj days after the date of the enactment of this ,act4 #ajd4 ,qualified tank car conversion expenses 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #de,s4 ,credit qualified tank car conversion expenses 7a7 ,general rule ,for purposes of section #ch1 the qualified tank car conversion credit determined under this section for any taxable year is an amount equal to #ae percent of the qualified tank car conversion expenses paid or incurred by the taxpayer during the taxable year4 7b7 ,limitation ,the aggregate amount of credit allowed under subsection 7a7 with respect to a taxpayer for any taxable year shall not exceed #aj1jjj1jjj reduced by the amount of credit allowed under subsection 7a7 to the taxpayer 7or any predecessor7 for all prior taxable years4 7c7 ,qualified tank car conversion expenses ,for purposes of this section-- 7#a7 ,in general ,the term qualified tank car conversion expenses means any expenditures paid or incurred by the taxpayer in converting a qualified ,,cpc-#abcb tank car into a tank car that meets the requirements and standards under the enhanced tank car final rule 7as defined in section #dfia7;e77#d77 7as in effect on the date such expenditures are paid or incurred74 7#b7 ,qualified ,,cpc-#abcb tank car ,the term qualified ,,cpc-#abcb tank car means any tank car that meets the requirements of ,casualty ,prevention ,circular #abcb1 as issued by the ,association of ,american ,railroads on ,august #ca1 #bjaa1 which-- 7,a7 is owned or leased by the taxpayer1 7,b7 was placed in service by the taxpayer or leased by the lessee before the date of the enactment of this section1 and 7,c7 was operated in the ,united ,states-- 7i7 for more than #ahj days during the #ab-month period ending on the date of the enactment of this section1 or 7ii7 in the case of a tank car first placed in service during the #ab-month period described in clause 7i71 for more than the number of days prescribed by the ,secretary in regulations4 7d7 ,special rules 7#a7 ,aggregation rules ,for purposes of this section1 all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb1 or subsection 7m7 or 7o7 of section #dad1 shall be treated as one person4 7#b7 ,basis adjustment ,for purposes of this subtitle1 if a credit is allowed under this section for an expenditure related to property of a character subject to an allowance for depreciation1 the basis of such property shall be reduced by the amount of such credit4 7#c7 ,denial of double benefit 7,a7 ,bonus depreciation ,a credit shall not be allowed under this section for any investment for which bonus depreciation is allowed under section #afh7k71 #adjj,l7b77#a71 or #adjj,n7d77#a74 7,b7 ,deductions ,no deduction under this subtitle shall be allowed for the portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under this section for the taxable year which is equal to the amount of the credit determined for such taxable year under subsection 7a7 attributable to such portion4 ,this subparagraph shall not apply to expenses related to property of a character subject to an allowance for depreciation the basis of which is reduced under paragraph 7#a71 or which are described in section #bhj;,c7j74 7,c7 ,consistent treatment by lessor and lessee ,in the case of a lease of a qualified ,,cpc-#abcb tank car1 the qualified tank car conversion credit may only be claimed by the party who is the tax owner of any tangible personal property for which the qualified tank car conversion expenses are paid or incurred4 7e7 ,termination ,this section shall not apply to expenses paid or incurred after ,december #ca1 #bjah4 4 7b7 ,credit ,to be part of general business credit ,section #ch7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting 1 plus1 and by adding at the end the following new paragraph3 7#cg7 the qualified tank car conversion credit determined under section #de,s7a74 4 7c7 ,conforming amendments 7#a7 ,section #bhj;,c is amended by redesignating the subsection following subsection 7h7 7relating to qualifying therapeutic discovery project credit7 as subsection 7i7 and by adding at the end the following new subsection3 7j7 ,qualified tank car conversion credit ,no deduction shall be allowed for that portion of the qualified tank car conversion expenses 7as defined in section #de,s7c77 otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section #de,s7a71 reduced by-- 7#a7 the amount disallowed as a deduction by reason of section #de,s7d77#c77;,b71 and 7#b7 the amount of any basis reduction under section #de,s7d77#b74 4 7#b7 ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #de,s4 ,credit qualified tank car conversion expenses4 4 7d7 ,effective date ,the amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this ,act1 in taxable years ending after such date4 ,,ii ,preparedness #bja4 ,high hazard rail shipments preparedness training standards 7a7 ,definitions ,section #eajb of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#ad7 as paragraphs 7#c7 through 7#ae71 respectively2 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 flammable liquids or gases means-- 7,a7 any flammable liquid 7as defined in section #agc4abj of title #di1 ,code of ,federal ,regulations72 and 7,b7 any flammable gas 7,division #b4a7 7as defined in section #agc4aae of title #di1 ,code of ,federal ,regulations74 4 7b7 ,training standards ,section #eaae7;b77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 a recommended course of study to train public sector employees to respond to an accident or incident involving trains transporting at least #bj tank cars of flammable liquids or gases2 4 #bjb4 ,high hazard rail shipments preparedness grants ,section #eaaf7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 to develop1 improve1 and carry out emergency plans for communities through which railroads transport a train or trains transporting at least #bj tank cars of flammable liquids or gases4 2 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking the ,act and inserting the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf2 and 7ii7 by striking and at the end2 7,b7 in subparagraph 7,b7-- 7i7 by striking under paragraph 7#a7 of this subsection and inserting received to carry out the purposes described in subparagraph 7,a7 or 7,b7 of paragraph 7#a72 7ii7 by striking the ,act and inserting such ,act2 and 7iii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 the ,state or ,indian tribe agrees to make available-- 7i7 at least #ij percent of the amount of the grant received to carry out the purpose described in paragraph 7#a77;,c7 in fiscal years #bjaf1 #bjag1 and #bjah to local emergency planning committees established under such section #cja7;c7 to develop emergency plans under such ,act2 and 7ii7 at least #ge percent of the amount of the grant received to carry out the purpose described in paragraph 7#a77;,c7 in fiscal year #bjai1 and in each subsequent fiscal year1 to local emergency planning committees established under such section #cja7;c7 to develop emergency plans under such ,act4 4 #bjc4 ,high hazard rail shipments training grants ,section #eaaf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7,b7 in paragraph 7#a7-- 7i7 by striking tribes to train and inserting the following3 8tribes-- 7,a7 to train 2 and 7ii7 by striking material4 and all that follows and inserting the following3 8material2 and 7,b7 to train public sector employees to respond to accidents and incidents involving trains transporting at least #bj tank cars of flammable liquids or gases4 2 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,to the extent that a grant under paragraph 7#a7 is used to train emergency responders1 the ,state or ,indian tribe shall provide written certification to the ,secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons1 property1 and the environment from the effects of accidents or incidents involving the transportation of flammable liquids or gases in accordance with existing regulations or ,national ,fire ,protection ,association standards for competence of responders to accidents and incidents involving flammable liquids or gases4 2 and 7,d7 in paragraph 7#c71 as redesignated-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 in subparagraph 7,c7-- 7,i7 by striking under paragraph 7#a7 of this subsection and inserting received to carry out the purpose described in paragraph 7#a77;,a72 and 7,,ii7 by striking the period at the end1 and inserting 2 and2 and 7iii7 by adding at the end the following3 7,d7 to a ,state or ,indian tribe that agrees to make available-- 7i7 at least #ij percent of the amount of the grant received to carry out the purpose described in paragraph 7#a77;,b7 in fiscal years #bjaf1 #bjag1 and #bjah to local emergency planning committees established under section #cja7;c7 of the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aaja7;c77 to develop emergency plans under such ,act2 and 7ii7 at least #ge percent of the amount of the grant received to carry out the purpose described in paragraph 7#a77;,b7 in fiscal year #bjai1 and in each subsequent fiscal year1 to local emergency planning committees established under such section #cja7;c7 to develop emergency plans under such ,act4 2 7#b7 by redesignating subsections 7f71 7g71 7h71 7i71 7j71 and 7k7 as subsections 7g71 7h71 7i71 7j71 7k71 and 7l7 respectively2 and 7#c7 by inserting after subsection 7e7 the following3 7f7 ,federal share of costs for high hazard train grants ,the ,federal share of each grant awarded under subsections 7a77#a77;,c7 and 7b77#a77;,b7 shall be-- 7#a7 #ajj percent of the eligible costs incurred by the ,state or ,indian tribe in fiscal years #bjae1 #bjaf1 and #bjag2 and 7#b7 #hj percent of the eligible costs incurred by the ,state or ,indian tribe in fiscal year #bjah and each subsequent fiscal year4 4 #bjd4 ,track relocation and railroad inspection safety grants 7a7 ,defined term ,in this section1 the term flammable liquids or gases means-- 7#a7 any flammable liquid 7as defined in section #agc4abj of title #di1 ,code of ,federal ,regulations72 and 7#b7 any flammable gas 7,division #b4a7 7as defined in section #agc4aae of title #di1 ,code of ,federal ,regulations74 7b7 ,establishment of program ,the ,secretary of ,transportation shall carry out a grant program to provide financial assistance for local projects1 activities1 and personnel that mitigate the impacts of1 and public health or environmental risks associated with1 the transport of flammable liquids or gases by rail4 7c7 ,eligibility ,a ,state or political subdivision of a ,state is eligible to receive a grant under this section1 to the extent the project or activity is consistent with the goals under subsection 7b71 for-- 7#a7 projects eligible for assistance under section #bjaed of title #di1 ,united ,states ,code2 or 7#b7 ,state rail safety participation under section #bjaje of title #di1 ,united ,states ,code4 7d7 ,project selection criteria ,in determining whether to award a grant to an eligible recipient under this section1 the ,secretary shall consider-- 7#a7 the volume of flammable liquids or gases being transported by rail through a relevant ,state or community2 and 7#b7 the extent to which the project or activity will mitigate risk factors associated with rail transportation of flammable liquids or gases1 including reducing risks to-- 7,a7 public safety2 7,b7 the environment2 and 7,c7 public or private property4 7e7 ,non-,federal share 7#a7 ,maximum federal share ,notwithstanding the limitation set forth in section #bjaje7;e7 of title #di1 ,united ,states ,code1 the ,federal share of project costs under this section may be up to #ij percent4 7#b7 ,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 project4 7f7 ,agreements ,as a condition of awarding any grant under this section for a project that uses rights-of-way owned by a railroad1 the ,secretary shall require that a written agreement exist between the applicant and the railroad regarding such use4 #bje4 ,implementing recommendations of the ,national ,transportation ,safety ,board 7a7 ,implementation of certain ,,ntsb recommendations by the ,federal ,railroad ,administration ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,federal ,railroad ,administration shall implement the following recommendations of the ,national ,transportation ,safety ,board3 7#a7 ,recommendation ,r-#g-b1 dated ,april #be1 #bjjg 7relating to real-time information regarding the identity and location of all hazardous materials on a train74 7#b7 ,recommendation ,r-#ad-ad1 dated ,august #bb1 #bjad 7relating to railroads providing communities and ,states with current commodity flow data and assisting with development of emergency operation and response plans74 7#c7 ,recommendation ,r-#ad-ah1 dated ,august #bb1 #bjad 7relating to ensuring that emergency response information carried by train crews is consistent with the ,emergency ,response ,guidebook74 7#d7 ,recommendations ,r-#ad-ge and ,r-#ad-gf1 dated ,december #cj1 #bjad 7relating to allowable limits for track conditions74 7b7 ,implementation of ,,ntsb recommendation by the ,pipelines and ,hazardous ,materials ,safety ,administration ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,pipelines and ,hazardous ,materials ,safety ,administration shall implement ,national ,transportation ,safety ,board ,recommendation ,r-#ad-ai1 dated ,august #bb1 #bjad 7relating to developing1 implementing and periodically evaluating requirements for railroads that transport hazardous materials to conduct public education programs for communities along railroad hazardous materials routes74 7c7 ,determinations with respect to pending recommendations ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter until the recommendations described in subsections 7a7 and 7b7 have been implemented1 the ,administrator of the ,federal ,railroad ,administration and the ,administrator of the ,pipelines and ,hazardous ,materials ,safety ,administration shall submit a report to the congressional committees referred to in section #cja7b7 that describes-- 7#a7 the progress made in implementing each recommendation required under subsection 7a7 or 7b71 as applicable2 and 7#b7 if any of the required recommendations have not been fully implemented1 the reasons for such failure4 ,,iii ,data collection #cja4 ,national preparedness survey ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,transportation shall-- 7#a7 conduct a study of-- 7,a7 the routes of trains transporting at least #bj tank cars of flammable liquids or gases2 and 7,b7 the availability of equipment and fire-fighting materials appropriate for a large-scale release of flammable liquids or gases along the routes described in subparagraph 7,a72 7#b7 submit a report containing the results of the study conducted under paragraph 7#a7 to-- 7,a7 the ,committee on ,finance of the ,senate2 7,b7 the ,committee on ,environment and ,public ,works of the ,senate2 7,c7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,d7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,e7 the ,committee on ,ways and ,means of the ,house of ,representatives2 7,f7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,g7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7#c7 make the results of the study conducted under paragraph 7#a7 available to the public1 including on an ,internet website4 #cjb4 ,hazardous materials rail car census 7a7 ,data collection ,as part of the #bjag1 #bjbb1 and #bjbg quinquennial ,commodity ,flow ,surveys authorized under section #aca of title #ac1 ,united ,states ,code1 the ,secretary of ,commerce1 in coordination with the ,secretary of ,transportation1 shall determine the number and types of rail tank cars used to carry ,class #c hazardous materials 7as defined in section #agb4aja of title #di1 ,code of ,federal ,regulations74 7b7 ,reporting ,not later than ,june #cj of the year immediately following the year in which a survey described in subsection 7a7 is conducted1 the ,secretary of ,commerce shall-- 7#a7 submit a report containing the information described in subsection 7a7 to the congressional committees referred to in section #cja7b72 and 7#b7 make the information described in subsection 7a7 available to the public1 including on an ,internet website4 #cjc4 ,energy train data collection ,beginning not later than #a year after the date of the enactment of this ,act1 the ,energy ,information ,administrator1 in coordination with the ,secretary of ,transportation1 shall-- 7#a7 conduct a quarterly survey to collect information regarding-- 7,a7 the volume of flammable energy products transported by rail1 including-- 7i7 petroleum crude oil2 7ii7 ethanol2 7iii7 liquefied natural gas2 and 7iv7 other petroleum products2 and 7,b7 the origins and destinations of the products described in subparagraph 7,a72 7#b7 submit a quarterly report containing the results of the surveys conducted under paragraph 7#a7 to the congressional committees referred to in section #cja7b72 and 7#c7 make the information described in paragraph 7#a7 available to the public1 including on an ,internet website4 #cjd4 ,train length study 7a7 ,in general ,the ,secretary of ,transportation shall conduct a study to determine whether train length correlates with the severity and frequency of train derailments4 7b7 ,study components ,in carrying out the study required under subsection 7a71 the ,secretary shall-- 7#a7 analyze the risks to public health1 public safety1 the environment1 and property that are associated with transporting large volumes of hazardous materials in unit trains2 7#b7 compile a list of all train accidents involving unit trains of hazardous materials2 and 7#c7 identify best practices to mitigate or reduce the frequency and severity of accidents involving unit trains4 7c7 ,submission ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,transportation shall-- 7#a7 submit a report containing the results of the study conducted under this section to the congressional committees referred to in section #cja7b72 and 7#b7 make the results of the study available to the public4 ,,iv ,authorization of appropriations #dja4 ,authorization of appropriations 7a7 ,high hazard rail shipments preparedness and training grants 7#a7 ,in general ,there is authorized to be appropriated #ae1jjj1jjj in each of the fiscal years #bjaf1 #bjag1 and #bjah for grants authorized under subsections 7a77#a77;,c7 and 7b77#a77;,b7 of section #eaaf of title #di1 ,united ,states ,code1 as added by sections #bjb and #bjc4 7#b7 ,availability ,of the amounts appropriated pursuant to paragraph 7#a7-- 7,a7 the amounts appropriated for fiscal year #bjaf shall remain available until ,september #cj1 #bjag2 and 7,b7 the amounts appropriated for fiscal year #bjag shall remain available until ,september #cj1 #bjah4 7b7 ,track relocation and railroad inspection safety grants ,there is authorized to be appropriated #be1jjj1jjj in each of the fiscal years #bjaf1 #bjag1 #bjah1 and #bjai for grants authorized under section #bjd4 7c7 ,data collection 7#a7 ,national preparedness study ,there is authorized to be appropriated #e1jjj1jjj to carry out section #cja4 7#b7 ,energy train data collection ,there is authorized to be appropriated #e1jjj1jjj to carry out section #cjc4 7#c7 ,train length study ,there is authorized #e1jjj1jjj to carry out section #cjd4 7d7 ,,cercla ,there is authorized to be appropriated #ajj1jjj1jjj to carry out section #ajd of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7 only with respect to actions attributable to releases of hazardous substances 7within the meaning of section #aja of such ,act 7#db ,u4,s4,c4 #ifja77 resulting from rail transportation of such hazardous substances4 ,any sums so appropriated shall remain available until expended4