,,ii #aadth ,,congress #ast ,session ,s4 #hei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #be1 #bjae,ms4 ,cantwell 7for herself1 ,ms4 ,baldwin1 ,mrs4 ,feinstein1 and ,mrs4 ,murray7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the public1 communities across ,america1 and the environment by increasing the safety of crude oil transportation by railroad1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,crude-,by-,rail ,safety ,act4 #b4 ,definitions ,in this ,act-- 7#a7 ,high-hazard flammable train ,the term high-hazard flammable train means a single train transporting #bj or more tank cars loaded with a ,class #c flammable liquid 7as defined in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations74 7#b7 ,oil ,the term oil means oil of any kind or in any form1 including crude1 petroleum1 fuel oil1 sludge1 oil refuse1 oil mixed with wastes other than dredged spoil1 any bitumen or bituminous mixture1 oil derived from a bitumen or bituminous mixture1 any oil derived from kerogen-bearing sources1 developing oils1 and emerging oils4 7#c7 ,rail carrier ,the term rail carrier has the meaning given the term railroad carrier in section #bjajb of title #di1 ,united ,states ,code4 7#d7 ,worst case discharge ,the term worst case discharge has the meaning given such term in section #acj4e of title #di1 ,code of ,federal ,regulations4 #c4 ,certainty on safety regulations 7a7 ,interim national standard for maximum volatility 7#a7 ,rulemaking ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,transportation1 by regulation1 shall establish an interim national standard for the maximum volatility of crude oil transported by rail within the ,united ,states4 ,volatility in the interim national standard shall be measured by the vapor pressure of the crude oil4 7#b7 ,effective date ,the national standard established pursuant to paragraph 7#a7 shall take effect not later than #ij days after it is issued by the ,secretary4 7b7 ,study of crude oil characteristics and associated safety ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,transportation1 in collaboration with the ,secretary of ,energy1 shall complete a study of-- 7#a7 the best methods for reliably measuring the volatility of crude oil2 and 7#b7 the level of volatility that is consistent with the safest practicable shipment of crude oil by rail4 7c7 ,final national standard for maximum volatility 7#a7 ,in general ,not later than #ij days after the completion of the study under subsection 7b71 the ,secretary of ,transportation shall issue a final rule that establishes the maximum volatility of crude oil that is transported by rail4 7#b7 ,requirements ,the maximum volatility standard established pursuant to paragraph 7#a7-- 7,a7 shall be consistent with the findings of the study conducted under subsection 7b72 and 7,b7 shall require that the transportation of crude oil by rail be as safe as practicable4 7d7 ,tank car design ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,transportation shall issue a final rule1 based on the safety standards contained in the ,notice of ,proposed ,rulemaking issued on ,august #a1 #bjad1 and entitled ,enhanced ,tank ,car ,standards and ,operational ,controls for ,high-,hazard ,flammable ,trains1 which requires that all new tank cars designed to transport a ,class #c flammable liquid that are constructed after ,october #a1 #bjae1 meet or exceed the design standards set forth under option #a of table #b in such rulemaking4 7e7 ,enhanced braking ,beginning on the date identified in the final rule issued pursuant to subsection 7d71 all high-hazard flammable trains shall operate with electronically controlled pneumatic brakes4 #d4 ,ending use of unsafe tank cars 7a7 ,minimum safety standard 7#a7 ,oil ,except as provided under paragraph 7#d71 the ,secretary of ,transportation shall immediately prohibit the shipment of oil in-- 7,a7 any ,,dot-#aaa tank car that does not meet the requirements of ,casualty ,prevention ,circular #abcb1 issued by the ,association of ,american ,railroads on ,august #ca1 #bjaa2 or 7,b7 any unjacketed ,,cpc-#abcb tank car4 7#b7 ,ethanol ,except as provided under paragraph 7#d71 beginning on the date that is #b years after the date of the enactment of this ,act1 the ,secretary of ,transportation shall prohibit the shipment of ethanol in any tank car described in subparagraph 7,a7 or 7,b7 of paragraph 7#a74 7#c7 ,additional precautionary measures ,any rail carrier or shipper who offers for transportation1 or transports1 in a tank car by rail in commerce to1 from1 or within the ,united ,states1 a bulk quantity of oil or ethanol shall take additional precautionary measures to enhance the safe shipment of such liquids1 including by avoiding the shipment of such liquids in tank cars with unsafe tank car attributes identified by the ,secretary of ,transportation1 to the extent practicable4 7#d7 ,exception ,notwithstanding paragraphs 7#a7 and 7#b71 tank cars described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 may continue to transport oil or ethanol if they have been retrofitted to meet or exceed the design standards set forth under ,option #c of table #b in the ,notice of ,proposed ,rulemaking issued on ,august #a1 #bjad1 and entitled ,enhanced ,tank ,car ,standards and ,operational ,controls for ,high-,hazard ,flammable ,trains4 ,all retrofitted tank cars shall be equipped with electronically controlled pneumatic brakes4 7#e7 ,jacketed cpc-#abcb tank cars ,the ,secretary of ,transportation shall establish1 by regulation1 a retrofit standard and timeline for jacketed ,,cpc-#abcb tank cars that transport oil or ethanol4 7b7 ,savings provision ,nothing in this section may be construed to prohibit the ,secretary of ,transportation from issuing1 by regulation or order1 a safety standard for tank cars transporting oil or ethanol that is more stringent than the requirements referred to in section #c7;d74 #e4 ,crude-by-rail inspections 7a7 ,rail inspections for hazardous material routes ,rail carriers shall-- 7#a7 perform at least #b additional internal rail inspections per calendar year than is required under section #bac4bcg7;c7 of title #di1 ,code of ,federal ,regulations1 on routes that-- 7,a7 the rail carrier owns or has been assigned maintenance responsibility under section #bac4e of such title2 and 7,b7 over which #a or more high-hazard flammable trains are operated2 and 7#b7 conduct at least #d track geometry inspections each calendar year on routes that-- 7,a7 the rail carrier owns or has been assigned maintenance responsibility under such section #bac4e2 and 7,b7 over which #a or more high-hazard flammable trains are operated4 7b7 ,energy product inspections 7#a7 ,inspection requirement ,a person that offers oil for transportation shall complete spot inspections on #e percent of all individual rail cars loaded with crude oil-- 7,a7 to test and record the volatility of the crude oil in such cars2 and 7,b7 to ensure that such crude oil meets-- 7i7 the interim national standard for maximum volatility established pursuant to section #c7;a72 or 7ii7 any subsequently enacted volatility standard that is more restrictive than such standard4 7#b7 ,spot inspections and audits 7,a7 ,spot inspections ,the ,secretary of ,transportation shall complete spot inspections on crude oil volatility to ensure that the volatility standards referred to in paragraph 7#a77;,b7 are being met4 7,b7 ,audits ,the ,secretary of ,transportation shall audit records of the inspections conducted under paragraph 7#a7 to ensure that the volatility of the crude oil does not exceed the volatility standards referred to in paragraph 7#a77;,b74 #f4 ,penalties for noncompliance 7a7 ,fines for violating hazardous materials transportation law ,section #eabc7;a7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7a7 ,penalty 7#a7 ,in general ,a person that knowingly violates this chapter or a regulation1 order1 special permit1 or approval issued under this chapter is liable to the ,united ,states ,government for a civil penalty of not more than #ejj1jjj for each such violation4 ,a person acts knowingly when-- 7,a7 the person has actual knowledge of the facts giving rise to the violation2 or 7,b7 a reasonable person acting in the same circumstances and exercising reasonable care would have such knowledge4 7#b7 ,enhanced penalty ,if the ,secretary finds that a violation under paragraph 7#a7 results in death1 serious illness1 or severe injury to any person1 substantial destruction of property1 or significant environmental damage1 the ,secretary may increase the amount of the civil penalty for such violation to not more than #a1jjj1jjj4 7#c7 ,separate violation ,a separate violation occurs for each day a person continues to knowingly violate this chapter or any regulation1 order1 special permit1 or approval issued under this chapter4 4 7b7 ,fines for violating energy product inspections ,a person that offers oil for transportation that violates the maximum volatility rule issued pursuant to subsection 7a7 or 7c7 of section #c1 or the inspection requirement under section #e7;b7 shall be liable to the ,united ,states ,government for a civil penalty of not more than #a1jjj1jjj for each such violation4 7c7 ,fines for violating rail inspections ,a rail carrier that violates the rail inspections requirement under section #e7;a7 shall be liable to the ,united ,states ,government for a civil penalty of not more than #a1jjj1jjj for each such violation4 #g4 ,safe transportation of energy products 7a7 ,in general ,the ,secretary of ,transportation shall establish or expand safety programs relating to the transportation of energy products and other ,class #c flammable liquids by rail1 pipeline1 highway1 and waterway1 which shall include initiatives-- 7#a7 to expedite rulemaking proceedings2 7#b7 to conduct technical studies of energy products2 7#c7 to increase rail1 pipeline1 and energy product inspections2 7#d7 to provide grants to ,states for additional railroad track and pipeline inspectors2 7#e7 to improve notification procedures from ,state ,emergency ,response ,commission contacts to first responders2 7#f7 to develop and conduct first responder training programs1 in collaboration with the ,federal ,emergency ,management ,agency1 the ,department of ,homeland ,security1 the ,coast ,guard1 the ,environmental ,protection ,agency1 and national first responder organizations2 7#g7 to conduct technical research on infrastructure-related causes of train and pipeline accidents2 7#h7 to identify ways to mitigate the causes and consequences of train accidents2 7#i7 to provide grants to communities to update emergency response plans developed by local emergency planning committees2 and 7#aj7 to audit comprehensive oil spill response plans established under section #h7;b74 7b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out the safety initiatives described in subsection 7a7-- 7#a7 #dj1jjj1jjj for fiscal year #bjaf2 and 7#b7 #dj1jjj1jjj for fiscal year #bjag4 #h4 ,oil spill response plans 7a7 ,defined term ,in this section1 the term maximum extent practicable has the meaning given such term in section #acj4e of title #di1 ,code of ,federal ,regulations4 7b7 ,comprehensive response plans 7#a7 ,requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating and the ,administrator of the ,environmental ,protection ,agency1 shall publish a final rule revising the regulations set out in part #acj of title #di1 ,code of ,federal ,regulations 7relating to oil spill prevention and response plans7-- 7,a7 to modify the #a1jjj barrels 7#db1jjj gallons7 requirement for a comprehensive written plan in subsection 7b7 of section #acj4ca of title #di1 ,code of ,federal ,regulations1 to account for worst-case discharges resulting from accidents involving unit trains or blocks of tank cars2 and 7,b7 to include additional requirements in each written plan required under such section #acj4ca to respond to a discharge of oil that occurs during transportation by a rail carrier that has a reasonable probability of impacting a water body or other area that is subject to the jurisdiction of the ,coast ,guard or of the ,environmental ,protection ,agency under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 including such a discharge-- 7i7 into or on the navigable waters of the ,united ,states2 7ii7 on the adjoining shorelines to the navigable waters2 7iii7 inland waters2 or 7iv7 other impacted lands4 7#b7 ,coordination ,the additional requirements under paragraph 7#a77;,b7 shall be promulgated by the ,secretary of ,transportation in coordination with-- 7,a7 the ,secretary of the department in which the ,coast ,guard is operating1 in the case of potential impacts to a water body or other area subject to the jurisdiction of the ,coast ,guard2 and 7,b7 the ,administrator of the ,environmental ,protection ,agency1 in the case of potential impacts to a water body or other area subject to the jurisdiction of the ,environmental ,protection ,agency under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 7c7 ,national contingency plan ,to ensure efficient and timely prevention1 preparedness1 and response by the lead agency and the rail carrier in the event of a discharge of oil1 the ,president shall1 for each comprehensive written plan required under section #acj4ca7;b7 of title #di1 ,code of ,federal ,regulations 7or similar successor regulation7-- 7#a7 include such plan in the ,national ,contingency ,plan required under section #caa7;d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;d772 and 7#b7 integrate such plan into the appropriate ,regional ,response ,plan required under section #cjj4baj7;b7 of title #dj1 ,code of ,federal ,regulations 7or similar successor regulation74 7d7 ,audits required ,the ,secretary of ,transportation shall-- 7#a7 develop a program to audit response plans for rail carriers of oil to ensure that adequate provisions are in place-- 7,a7 to respond to and remove a worst-case discharge to the maximum extent practicable2 and 7,b7 to mitigate or prevent a substantial threat of a worst-case discharge2 and 7#b7 audit rail carriers of oil to ensure that the shippers and rail carriers with respect to transporting oil by railroad-- 7,a7 are using appropriate hazardous materials shipping classifications2 7,b7 have developed transportation safety and security plans2 and 7,c7 have made adequate provisions for safety and security4 7e7 ,savings provision ,nothing in this section may be construed to prohibit the ,secretary of ,transportation from issuing1 by regulation or order1 a requirement for comprehensive response plans for railroads transporting oil or ethanol that is more stringent than the requirements under subsection 7b74 #i4 ,disclosure requirement 7a7 ,in general ,a rail carrier may not operate any high-hazard flammable train in any ,state until the rail carrier has provided the ,emergency ,response ,commission for such ,state and any local emergency planning committee along the route such train will operate with-- 7#a7 a reasonable estimate of the number of such trains that are expected to travel1 per week1 through the ,state2 7#b7 a description of the flammable liquid expected to be transported through the ,state1 in accordance with subpart ,c of part #agb of title #di1 ,code of ,federal ,regulations2 7#c7 all applicable emergency response information required under subpart ,g of such part2 7#d7 the identification of the routes over which the oil or ethanol will be transported2 and 7#e7 the contact information for at least #a point of contact at the rail carrier responsible for serving as the point of contact for the ,state ,emergency ,response ,commission and relevant emergency responders4 7b7 ,savings provision ,nothing in this section may be construed to prohibit the ,secretary of ,transportation from issuing1 by regulation or order1 a disclosure requirement for high-hazard flammable train movement that is wider than the requirements under subsection 7a74 #aj4 ,emergency response resource inventory 7a7 ,in general ,rail carriers shall collaborate to develop an inventory of emergency response resources along routes over which #a or more high-hazard flammable trains operate for responding to worst case discharges resulting from accidents involving unit trains or blocks of tank cars transporting ,class #c flammable liquids in the event of an incident4 7b7 ,inclusions ,the inventory developed pursuant to subsection 7a7 shall include-- 7#a7 a detailed description of the type and quantity of private emergency response resources2 7#b7 sufficient equipment to respond to a worst case discharge from accidents involving unit trains or blocks of tank cars2 7#c7 sufficient equipment to respond to a fire or explosion that could result from a worst case discharge from accidents involving unit trains or blocks of tank cars2 7#d7 locations for the staging of emergency response equipment2 and 7#e7 contacts for the notification of communities1 as appropriate4 7c7 ,access ,rail carriers shall-- 7#a7 provide the ,department of ,transportation with access to the inventory developed under this section2 and 7#b7 make relevant information from the inventory1 upon request1 available to emergency responders located along identified routes over which #a or more high-hazard flammable trains operate4 #aa4 ,confidential close call reporting systems 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjafh4 ,confidential close call reporting systems 7a7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,crude-,by-,rail ,safety ,act1 the ,secretary of ,transportation shall promulgate regulations setting forth the requirements for an applicable railroad carrier to follow in establishing a confidential close call reporting system program4 7#b7 ,considerations ,the ,secretary may use any information and experience gathered through research and pilot programs on confidential close call reporting systems in developing the regulations1 including continuing the use of third parties for the collection of close call reports and distribution of close call data4 ,the ,secretary shall ensure that an applicable railroad carrier's employees receive protection under its program from any related ,federal ,railroad ,administration enforcement actions4 7b7 ,program development and oversight 7#a7 ,in general ,not later than #ahj days after the date of the final regulations under subsection 7a71 an applicable railroad carrier shall develop a proposed program and submit it to the ,secretary of ,transportation for review and approval4 7#b7 ,contents ,a railroad carrier shall describe its proposed program's core principles and values1 explain the rights1 roles1 and responsibilities of program stakeholders1 identify concerns and interests1 and describe how the program will operate4 7#c7 ,review 7,a7 ,in general ,the ,secretary shall review and approve or disapprove each proposed program within a reasonable amount of time4 ,if a proposed program is not approved1 the ,secretary shall notify the applicable railroad carrier in writing as to the specific areas in which the proposed program is deficient4 ,the applicable railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the ,secretary4 7,b7 ,updates ,an applicable railroad carrier shall update its program as needed and obtain the ,secretary's approval before making any major changes to its program4 7,c7 ,annual reviews ,the ,secretary shall conduct an annual review to ensure that each applicable railroad carrier is in compliance with its program4 7c7 ,in general ,not later than #b years after the date of the enactment of the ,crude-,by-,rail ,safety ,act1 each applicable railroad carrier shall establish a confidential close call reporting system4 7d7 ,program elements ,each applicable railroad carrier shall-- 7#a7 provide a safe environment for its employees to report unsafe events and conditions2 7#b7 for unsafe events and conditions reported within the scope of a confidential close call reporting system1 ensure its employees are protected from railroad carrier discipline2 7#c7 use information collected through the confidential close call reporting system to develop and implement targeted corrective actions1 as appropriate2 and 7#d7 use information collected by the programs to supplement inspection data in identifying safety issues and emerging risks before they develop into accidents4 7e7 ,consensus 7#a7 ,in general ,each applicable railroad carrier shall consult with1 employ good faith with1 and use its best efforts to reach agreement with all of its directly affected employees1 including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier1 on the development and implementation of the proposed program4 7#b7 ,statements ,if an applicable railroad carrier and its directly affected employees1 including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier1 cannot reach consensus on the development and implementation of the proposed program1 then directly affected employees and such organization may file a statement with the ,secretary of ,transportation explaining their views on the proposed program on which consensus was not reached4 ,the ,secretary shall consider such views during review of the proposed program under subsection 7b77#c77;,a74 7f7 ,voluntary program establishment ,any railroad carrier that is not an applicable railroad carrier may voluntarily establish a program under this section4 ,this section1 and any regulations promulgated under this section1 shall apply to a program that is voluntarily established4 7g7 ,use of data ,the ,secretary of ,transportation may use the confidential close call reporting data-- 7#a7 when implementing or updating the ,federal ,railroad ,administration's ,national ,inspection ,plan2 7#b7 when performing focused inspections2 or 7#c7 when developing agency rulemakings and guidance1 as appropriate4 7h7 ,definition of applicable railroad carrier ,in this section1 the term applicable railroad carrier means-- 7#a7 a railroad carrier that is a ,class ,i railroad2 7#b7 a railroad carrier that has inadequate safety performance1 as determined by the ,secretary2 or 7#c7 a railroad carrier that provides intercity rail passenger or commuter rail passenger transportation4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,transportation such sums as may be necessary to implement this section and to support the nationwide implementation1 as the ,secretary determines appropriate1 of confidential close call reporting system programs4 4 7b7 ,clerical amendment ,the table of contents for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjafh4 ,confidential close call reporting systems4 4 #ab4 ,high-hazard flammable train liability study 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,transportation shall contract with the ,transportation ,research ,board of the ,national ,academy of ,sciences to conduct a study on high-hazard flammable train liability4 7b7 ,purpose ,the study conducted under subsection 7a7 shall evaluate-- 7#a7 the level of insurance1 including self insurance1 available in the private market against the full liability potential for damages arising from an incident involving a high-hazard flammable train2 7#b7 the ability of the level and availability of insurance referred to in paragraph 7#a7-- 7,a7 to address externalities that exist because of gaps between insurance coverage and liability risk2 7,b7 to equitably allocate risk and financial responsibility for claims2 7,c7 to ensure that rail carriers have sufficient financial capacity to pay claims to those affected by high consequence incidents in a timely manner2 and 7,d7 to ensure that rail carriers and shippers of high-hazard flammable trains can continue to operate despite the risk of catastrophic disaster2 and 7#c7 the potential applicability to high-hazard flammable trains of-- 7,a7 a liability regime modeled after section #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj72 and 7,b7 a liability regime modeled after subtitle #b of title ,,xxi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#aj et seq474 7c7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,transportation ,research ,board of the ,national ,academy of ,sciences shall submit a report containing the results of the study and recommendations for addressing high hazard flammable train liability issues to-- 7#a7 the ,secretary of ,transportation2 7#b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #ac4 ,review and recommendations 7a7 ,in general ,the ,secretary of ,transportation1 in cooperation with the ,secretary of ,energy1 the ,secretary of ,homeland ,security1 the ,commanding ,general of the ,united ,states ,army ,corps of ,engineers1 and the ,administrator of the ,environmental ,protection ,agency1 shall conduct a comprehensive review of existing regulations for energy products that are transported by all modes of transportation4 7b7 ,review elements ,the review under subsection 7a7 shall assess the effectiveness of existing regulations and industry capability-- 7#a7 to improve the safety of energy product transportation through populated or environmentally sensitive areas2 7#b7 to maximize1 to the extent possible1 the stability and uniformity of energy products prior to transportation2 7#c7 to eliminate the occurrence of accidents involving transportation of such products1 and minimize the severity of such accidents should they occur2 7#d7 to minimize energy product routing through populated or environmentally sensitive areas2 7#e7 to reduce the environmental impact of transporting1 loading1 or unloading energy products2 7#f7 to improve the security of energy product transportation2 and 7#g7 to prepare for an appropriate emergency response to accidents4 7c7 ,submission of review and recommendations ,not later than ,june #cj1 #bjaf1 the ,secretary of ,transportation1 in cooperation with the ,secretary of ,energy1 the ,secretary of ,homeland ,security1 the ,commanding ,general of the ,united ,states ,army ,corps of ,engineers1 and the ,administrator of the ,environmental ,protection ,agency1 shall submit the results of the review under subsection 7a7 to ,congress1 in conjunction with recommendations for-- 7#a7 improving all aspects of energy product transport by all transportation modes2 7#b7 regulatory measures that the ,secretary of ,transportation is authorized to undertake that would improve the safety and reduce the environmental and community impact of transporting energy products2 and 7#c7 legislative changes that should be made to improve the safety and reduce the environmental and community impact of transporting energy products4