COAT Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Crude Oil Advance 4 Tracking Act’’ or ‘‘COAT Act’’. 5 SEC. 2. ADVANCE NOTIFICATION OF CLASS 3 FLAMMABLE 6 LIQUID TRANSPORTATION. 7 (a) RAILROAD TANK CARS.—Section 20155 of title 8 49, United States Code, is amended by adding at the end 9 the following: 10 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 2 •S 2402 IS ‘‘(c) NOTIFICATION REQUIREMENT.—Any railroad 1 carrier transporting Class 3 flammable liquids in tank cars 2 shall notify all State and tribal emergency response com- 3 missions with jurisdiction along the path through which 4 such liquids will be transported of such transportation not 5 later than 24 hours after the shipment is tendered, includ- 6 ing— 7 ‘‘(1) the number of gallons of each Class 3 8 flammable liquid, identified by Standard Transpor- 9 tation Commodity Code or United Nations or North 10 American number; 11 ‘‘(2) the city and State from which the tank 12 cars departed and the date and time of such depar- 13 ture, in Coordinated Universal Time (UTC); 14 ‘‘(3) the city and State to which the tank cars 15 will arrive and the date and time of such anticipated 16 arrival, in Coordinated Universal time (UTC); and 17 ‘‘(4) the location, date, and time of all crew 18 changes between the location described in paragraph 19 (2) and the location described in paragraph (3).’’. 20 (b) USE OF INFORMATION.— 21 (1) COMMODITY FLOW RISK REPORT.—The 22 Hazardous Materials Division of the Office of Rail- 23 road Safety of the Federal Railroad Administration 24 shall compile information submitted by the State 25 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 3 •S 2402 IS emergency response commissions and publicly pub- 1 lish an annual report that identifies, for the most re- 2 cent 12-month period— 3 (A) the total volume of Class 3 hazardous 4 materials that passed through each State; 5 (B) the top 10 commodities, by volume, 6 transported by rail in each State; and 7 (C) a list and associated volume of all 8 spills or releases of Class 3 hazardous materials 9 by rail in each State. 10 (2) EMERGENCY RESPONSE AGENCIES.—The 11 Hazardous Materials Division and the Pipeline and 12 Hazardous Materials Safety Administration shall 13 share information received under section 20155(c) or 14 60108(f) of title 49, United States Code, with Fed- 15 eral, State, and local government emergency re- 16 sponse agencies. 17 SEC. 3. ADEQUATE INSURANCE FOR RAIL CARS CARRYING 18 CLASS 3 FLAMMABLE LIQUIDS. 19 Section 20901 of title 49, United States Code, is 20 amended by adding at the end the following: 21 ‘‘(c) FINANCIAL ASSURANCE REPORTS.— 22 ‘‘(1) IN GENERAL.—Any railroad carrier that 23 transports Class 3 flammable liquids shall include, 24 in each annual report, information regarding the 25 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 4 •S 2402 IS ability of the railroad carrier, through insurance 1 payments or other assets, to pay all costs of cleaning 2 up a reasonable, worst-case spill, which shall be cal- 3 culated by multiplying the reasonable anticipated 4 per-barrel cleanup costs by the reasonable worst case 5 spill volume. 6 ‘‘(2) USE OF INFORMATION.—Information pro- 7 vided pursuant to paragraph (1) may not be used by 8 the Federal Railroad Administration or by any other 9 Federal department or agency to economically regu- 10 late or penalize a railroad.’’. 11 SEC. 4. HIGH HAZARD RAIL SHIPMENTS PREPAREDNESS 12 TRAINING STANDARDS. 13 (a) DEFINITIONS.—Section 5102 of title 49, United 14 States Code, is amended— 15 (1) by redesignating paragraphs (2) through 16 (14) as paragraphs (3) through (15), respectively; 17 and 18 (2) by inserting after paragraph (1) the fol- 19 lowing: 20 ‘‘(2) ‘flammable liquids or gases’ means— 21 ‘‘(A) any ‘flammable liquid’ (as defined in 22 section 173.120 of title 49, Code of Federal 23 Regulations); and 24 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 5 •S 2402 IS ‘‘(B) any ‘flammable gas (Division 2.1)’ 1 (as defined in section 173.115 of title 49, Code 2 of Federal Regulations).’’. 3 (b) TRAINING STANDARDS.—Section 5115(b)(1) of 4 title 49, United States Code, is amended— 5 (1) by redesignating subparagraphs (B) and 6 (C) as subparagraphs (C) and (D), respectively; and 7 (2) by inserting after subparagraph (A) the fol- 8 lowing: 9 ‘‘(B) a recommended course of study and 10 emergency supplies to train public sector em- 11 ployees and contractors to respond to an acci- 12 dent or incident involving trains transporting at 13 least 20 tank cars of flammable liquids or 14 gases;’’. 15 SEC. 5. HIGH HAZARD RAIL SHIPMENTS PREPAREDNESS 16 GRANTS. 17 Section 5116(a) of title 49, United States Code, is 18 amended— 19 (1) in paragraph (1)— 20 (A) in subparagraph (B), by striking 21 ‘‘and’’ at the end; 22 (B) in subparagraph (C), by striking the 23 period at the end and inserting ‘‘; and’’; and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 6 •S 2402 IS ‘‘(D) to develop, improve, and carry out emer- 1 gency plans for communities through which railroads 2 transport a train or trains transporting flammable 3 liquids or gases.’’; and 4 (2) in paragraph (3)— 5 (A) in the matter preceding subparagraph 6 (A), by striking ‘‘under paragraph (1) of this 7 subsection’’ and inserting ‘‘received to carry out 8 the purposes described in subparagraph (A) or 9 (B) of paragraph (1)’’; 10 (B) in subparagraph (A), by striking 11 ‘‘and’’ at the end; 12 (C) in subparagraph (B), by striking the 13 period at the end and inserting ‘‘; and’’; and 14 (D) by adding at the end the following: 15 ‘‘(C) the State or Indian tribe agrees to make 16 available— 17 ‘‘(i) at least 90 percent of the amount of 18 the grant received to carry out the purpose de- 19 scribed in paragraph (1)(D) in fiscal years 20 2020, 2021, and 2022 to local emergency plan- 21 ning committees established under section 22 301(c) of the Emergency Planning and Commu- 23 nity Right-To-Know Act of 1986 (42 U.S.C. 24 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 7 •S 2402 IS 11001(c)) to develop emergency plans under 1 such Act; and 2 ‘‘(ii) at least 75 percent of the amount of 3 the grant received to carry out the purpose de- 4 scribed in paragraph (1)(D) in fiscal year 2023, 5 and in each subsequent fiscal year, to local 6 emergency planning committees established 7 under such section 301(c) to develop emergency 8 plans under such Act.’’. 9 SEC. 6. HIGH HAZARD RAIL SHIPMENTS TRAINING GRANTS. 10 Section 5116 of title 49, United States Code, as 11 amended by section 5, is further amended— 12 (1) in subsection (a)— 13 (A) in paragraph (1)(C), by inserting ‘‘, in- 14 cluding accidents or incidents involving trains 15 transporting at least 20 tank cars of flammable 16 liquids or gases’’ before the period at the end; 17 (B) in paragraph (2), by inserting ‘‘, in- 18 cluding flammable liquids or gases’’ before the 19 period at the end; and 20 (C) in paragraph (3)— 21 (i) in subparagraph (A), by striking 22 ‘‘and’’ at the end; 23 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 8 •S 2402 IS (ii) in subparagraph (B), by striking 1 the period at the end, and inserting ‘‘; 2 and’’; and 3 (iii) by adding at the end the fol- 4 lowing: 5 ‘‘(C) the State or Indian tribe agrees to make 6 available— 7 ‘‘(i) at least 90 percent of the amount of 8 the grant received to carry out the purpose de- 9 scribed in subparagraph (B) in fiscal years 10 2020, 2021, and 2022 to local emergency plan- 11 ning committees established under section 12 301(c) of the Emergency Planning and Commu- 13 nity Right-To-Know Act of 1986 (42 U.S.C. 14 1101(c)) to develop emergency plans under 15 such Act; and 16 ‘‘(ii) at least 75 percent of the amount of 17 the grant received to carry out the purpose de- 18 scribed in paragraph (1)(C) in fiscal year 2023, 19 and in each subsequent fiscal year, to local 20 emergency planning committees established 21 under such section 301(c) to develop emergency 22 plans under such Act.’’; and 23 (2) by adding at the end the following: 24 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 9 •S 2402 IS ‘‘(k) FEDERAL SHARE OF COSTS FOR HIGH HAZARD 1 TRAIN GRANTS.—The Federal share of each grant award- 2 ed under subsection (a), for the purposes described in 3 paragraph (1)(D) of such subsection, shall be— 4 ‘‘(1) 100 percent of the eligible costs incurred 5 by the State or Indian tribe in fiscal years 2020, 6 2021, and 2022; and 7 ‘‘(2) 80 percent of the eligible costs incurred by 8 the State or Indian tribe in fiscal year 2023 and 9 each subsequent fiscal year.’’. 10 SEC. 7. TRACK RELOCATION AND RAILROAD INSPECTION 11 SAFETY GRANTS. 12 (a) DEFINED TERM.—In this section, the term 13 ‘‘flammable liquids or gases’’ means— 14 (1) any ‘‘flammable liquid’’ (as defined in sec- 15 tion 173.120 of title 49, Code of Federal Regula- 16 tions); and 17 (2) any ‘‘flammable gas (Division 2.1)’’ (as de- 18 fined in section 173.115 of title 49, Code of Federal 19 Regulations). 20 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 21 of Transportation shall carry out a grant program to pro- 22 vide financial assistance for local projects, activities, and 23 personnel that mitigate the impacts of, and public health 24 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 10 •S 2402 IS or environmental risks associated with, the transport of 1 flammable liquids or gases by rail. 2 (c) ELIGIBILITY.—A State or political subdivision of 3 a State is eligible to receive a grant under this section, 4 to the extent the project or activity is consistent with the 5 goals under subsection (b), for— 6 (1) projects eligible for assistance under section 7 20154 of title 49, United States Code; or 8 (2) State rail safety participation under section 9 20105 of title 49, United States Code. 10 (d) PROJECT SELECTION CRITERIA.—In determining 11 whether to award a grant to an eligible recipient under 12 this section, the Secretary shall consider— 13 (1) the volume of flammable liquids or gases 14 being transported by rail through a relevant State or 15 community; and 16 (2) the extent to which the project or activity 17 will mitigate risk factors associated with rail trans- 18 portation of flammable liquids or gases, including re- 19 ducing risks to— 20 (A) public safety; 21 (B) the environment; and 22 (C) public or private property. 23 (e) NON-FEDERAL SHARE.— 24 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 11 •S 2402 IS (1) MAXIMUM FEDERAL SHARE.—Notwith- 1 standing the limitation set forth in section 20105(e) 2 of title 49, United States Code, the Federal share of 3 project costs under this section may be up to 90 per- 4 cent. 5 (2) METHOD OF PAYMENT.—The non-Federal 6 share of project costs under this section may be paid 7 in cash or in kind from a grantee or a private entity 8 involved with the project. 9 (f) AGREEMENTS.—As a condition of awarding any 10 grant under this section for a project that uses rights-of- 11 way owned by a railroad, the Secretary shall require that 12 a written agreement exist between the applicant and the 13 railroad regarding such use. 14 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 15 (a) HIGH HAZARD RAIL SHIPMENTS PREPAREDNESS 16 AND TRAINING GRANTS.— 17 (1) IN GENERAL.—There is authorized to be 18 appropriated $15,000,000 in each of the fiscal years 19 2020, 2021, and 2022 for grants authorized under 20 section 5116(a) of title 49, United States Code, for 21 the purposes described in paragraph (1)(D) of such 22 subsection. 23 (2) AVAILABILITY.—Of the amounts appro- 24 priated pursuant to paragraph (1)— 25 VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS 12 •S 2402 IS (A) the amounts appropriated for fiscal 1 year 2020 shall remain available until Sep- 2 tember 30, 2021; and 3 (B) the amounts appropriated for fiscal 4 year 2021 shall remain available until Sep- 5 tember 30, 2022. 6 (b) TRACK RELOCATION AND RAILROAD INSPECTION 7 SAFETY GRANTS.—There is authorized to be appropriated 8 $25,000,000 in each of the fiscal years 2020, 2021, 2022, 9 and 2023 for grants authorized under section 7. 10 Æ VerDate Sep 11 2014 04:26 Aug 09, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S2402.IS S2402 kjohnson on DSK79L0C42 with BILLS