Sec. 7008. Improving the effectiveness of planning and training grants
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/bill/114/hr/22/eah/section-7008A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 5116 of title 49, United States Code, is amended— by redesignating subsections
(c)through
(k)as subsections
(b)through (j), respectively, by striking subsection (b); and by striking subsection
(a)and inserting the following: The Secretary shall make grants to States and Indian tribes— to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11001 et seq. ), including ascertaining flow patterns of hazardous material on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; to decide on the need for regional hazardous material emergency response teams; and to train public sector employees to respond to accidents and incidents involving hazardous material. To the extent that a grant is used to train emergency responders under paragraph (1)(C), 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 persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials. The Secretary may make a grant to a State or Indian tribe under paragraph
(1)of this subsection only if— the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the Federal Government) for the purpose of the grant will at least equal the average level of expenditure for the last 5 years; and any emergency response training provided under the grant shall consist of— a course developed or identified under section 5115 of this title; or any other course the Secretary determines is consistent with the objectives of this section. A State or Indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training under the grant is coordinated with adjacent States and Indian tribes. A training grant under paragraph (1)(C) may be used— to pay— the tuition costs of public sector employees being trained; travel expenses of those employees to and from the training facility; room and board of those employees when at the training facility; and travel expenses of individuals providing the training; by the State, political subdivision, or Indian tribe to provide the training; and to make an agreement with a person (including an authority of a State, a political subdivision of a State or Indian tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training— if the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice; the person agrees to have an auditable accounting system; and if the State or Indian tribe conducts at least one on-site observation of the training each year. The Secretary shall allocate amounts made available for grants under this subsection among eligible States and Indian tribes based on the needs of the States and Indian tribes for emergency response training and planning. In making a decision about those needs, the Secretary shall consider— the number of hazardous material facilities in the State or on land under the jurisdiction of the Indian tribe; the types and amounts of hazardous material transported in the State or on such land; whether the State or Indian tribe imposes and collects a fee on transporting hazardous material; whether such fee is used only to carry out a purpose related to transporting hazardous material; the past record of the State or Indian tribe in effectively managing planning and training grants; and any other factors the Secretary determines are appropriate to carry out this subsection. . Section 5108(g) of title 49, United States Code, is amended by striking 5116(i) each place it appears and inserting 5116(h) . Section 5116 of such title is amended— in subsection (d), as redesignated by this section, by striking subsections (a)(2)(A) and (b)(2)(A) and inserting subsection (a)(3)(A) ; in subsection (h), as redesignated by this section— in paragraph
(1)by inserting and section 5107(e) after section ; in paragraph
(2)by striking
(f)and inserting
(e); and in paragraph
(4)by striking 5108(g)(2) and 5115 and inserting 5107(e) and 5108(g)(2) ; in subsection (i), as redesignated by this section, by striking subsection
(b)and inserting subsection
(a); and in subsection (j), as redesignated by this section— by striking planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection
(j)and inserting planning and training grants under subsection
(a)and grants under subsection
(i); and by redesignating subparagraphs
(A)through
(D)as paragraphs
(1)through (4), respectively. Section 5107(e) of title 49, United States Code, is amended by inserting , State and local personnel responsible for enforcing the safe transportation of hazardous materials, or both after hazmat employees each place it appears.
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Sec. 7008
Improving the effectiveness of planning and training grants
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