,,ii #aafth ,,congress #ast ,session ,s4 #bdjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjai ,mr4 ,wyden introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to enhance the safety of ,class #c flammable liquid transportation by rail1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,crude ,oil ,advance ,tracking ,act or ,,coat ,act4 #b4 ,advance notification of ,class #c flammable liquid transportation 7a7 ,railroad tank cars ,section #bjaee of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,notification requirement ,any railroad carrier transporting ,class #c 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 #bd hours after the shipment is tendered1 including-- 7#a7 the number of gallons of each ,class #c flammable liquid1 identified by ,standard ,transportation ,commodity ,code or ,united ,nations or ,north ,american number2 7#b7 the city and ,state from which the tank cars departed and the date and time of such departure1 in ,coordinated ,universal ,time 7,,utc72 7#c7 the city and ,state to which the tank cars will arrive and the date and time of such anticipated arrival1 in ,coordinated ,universal time 7,,utc72 and 7#d7 the location1 date1 and time of all crew changes between the location described in paragraph 7#b7 and the location described in paragraph 7#c74 4 7b7 ,use of information 7#a7 ,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 identifies1 for the most recent #ab-month period-- 7,a7 the total volume of ,class #c hazardous materials that passed through each ,state2 7,b7 the top #aj commodities1 by volume1 transported by rail in each ,state2 and 7,c7 a list and associated volume of all spills or releases of ,class #c hazardous materials by rail in each ,state4 7#b7 ,emergency response agencies ,the ,hazardous ,materials ,division and the ,pipeline and ,hazardous ,materials ,safety ,administration shall share information received under section #bjaee7;c7 or #fjajh7;f7 of title #di1 ,united ,states ,code1 with ,federal1 ,state1 and local government emergency response agencies4 #c4 ,adequate insurance for rail cars carrying ,class #c flammable liquids ,section #bjija of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,financial assurance reports 7#a7 ,in general ,any railroad carrier that transports ,class #c flammable liquids shall include1 in each annual report1 information regarding the ability of the railroad carrier1 through insurance payments or other assets1 to pay all costs of cleaning up a reasonable1 worst-case spill1 which shall be calculated by multiplying the reasonable anticipated per-barrel cleanup costs by the reasonable worst case spill volume4 7#b7 ,use of information ,information provided pursuant to paragraph 7#a7 may not be used by the ,federal ,railroad ,administration or by any other ,federal department or agency to economically regulate or penalize a railroad4 4 #d4 ,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 and emergency supplies to train public sector employees and contractors to respond to an accident or incident involving trains transporting at least #bj tank cars of flammable liquids or gases2 4 #e4 ,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,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 to develop1 improve1 and carry out emergency plans for communities through which railroads transport a train or trains transporting flammable liquids or gases4 2 and 7#b7 in paragraph 7#c7-- 7,a7 in the matter preceding subparagraph 7,a71 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 7,b7 in subparagraph 7,a71 by striking and at the end2 7,c7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,d7 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;,d7 in fiscal years #bjbj1 #bjba1 and #bjbb 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 #aajja7;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;,d7 in fiscal year #bjbc1 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 #f4 ,high hazard rail shipments training grants ,section #eaaf of title #di1 ,united ,states ,code1 as amended by section #e1 is further amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,c71 by inserting 1 including accidents or incidents involving trains transporting at least #bj tank cars of flammable liquids or gases before the period at the end2 7,b7 in paragraph 7#b71 by inserting 1 including flammable liquids or gases before the period at the end2 and 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end1 and inserting 2 and2 and 7iii7 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 subparagraph 7,b7 in fiscal years #bjbj1 #bjba1 and #bjbb 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;,c7 in fiscal year #bjbc1 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 and 7#b7 by adding at the end the following3 7k7 ,federal share of costs for high hazard train grants ,the ,federal share of each grant awarded under subsection 7a71 for the purposes described in paragraph 7#a77;,d7 of such subsection1 shall be-- 7#a7 #ajj percent of the eligible costs incurred by the ,state or ,indian tribe in fiscal years #bjbj1 #bjba1 and #bjbb2 and 7#b7 #hj percent of the eligible costs incurred by the ,state or ,indian tribe in fiscal year #bjbc and each subsequent fiscal year4 4 #g4 ,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 #h4 ,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 #bjbj1 #bjba1 and #bjbb for grants authorized under section #eaaf7;a7 of title #di1 ,united ,states ,code1 for the purposes described in paragraph 7#a77;,d7 of such subsection4 7#b7 ,availability ,of the amounts appropriated pursuant to paragraph 7#a7-- 7,a7 the amounts appropriated for fiscal year #bjbj shall remain available until ,september #cj1 #bjba2 and 7,b7 the amounts appropriated for fiscal year #bjba shall remain available until ,september #cj1 #bjbb4 7b7 ,track relocation and railroad inspection safety grants ,there is authorized to be appropriated #be1jjj1jjj in each of the fiscal years #bjbj1 #bjba1 #bjbb1 and #bjbc for grants authorized under section #g4