Sec. 2. Rail spill preparedness fund
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Chapter 51 of title 49, United States Code, is amended by inserting after section 5110 the following: There is established in the Oil Spill Liability Trust Fund a separate account to be known as the Rail Account consisting of such amounts as may be appropriated, credited, deposited, or transferred to such account as provided in this section. Not later than October 1, 2017, and annually thereafter, the Secretary shall impose a fee of $1,500 for each DOT–111 specification railroad tank car, including each CPC–1232 tank car, used to transport Class 3 flammable liquids during the previous fiscal year that, at the time such tank car was used, did not meet the DOT–117, DOT–117P, or DOT–117R specifications in part 179 of title 49, Code of Federal Regulations.
Such fee shall be— paid by each person who causes such liquids to be transported by such a tank car in commerce; and imposed regardless of— train composition; or the phase-out schedule under section 7304(b) of the FAST Act ( 49 U.S.C. 20155 note). A fee imposed pursuant to subsection
(b)may not be imposed on a railroad carrier that transports Class 3 flammable liquids. The Secretary shall prescribe procedures to collect the fees described in subsection (b). The Secretary may use a department, agency, or instrumentality of the United States Government or of a State or local government to collect the fee and may reimburse the department, agency, or instrumentality a reasonable amount for its services. Amounts equivalent to the fees collected pursuant to subsection
(b)shall be deposited into the Rail Account. Amounts deposited pursuant to subsection
(e)shall be available to the Secretary, without need of further appropriation, only for the following purposes: The payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail. For the Secretary to make grants to States and Indian tribes to— 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.) related to an accident or incident involving the transportation of Class 3 flammable liquids by rail, including ascertaining flow patterns of Class 3 flammable liquids on lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; to develop and train regional hazardous material emergency response teams to prepare for an accident or incident involving the transportation of Class 3 flammable liquids by rail; to train public sector employees to respond to accidents and incidents involving the transportation of Class 3 flammable liquids by rail consistent with the requirements of section 5116; and for any other measures that the Secretary, in consultation with States and Indian tribes, determines necessary to assist such States and Indian tribes in preparing for accidents and incidents involving the transportation of Class 3 flammable liquids by rail. To the extent that a grant under subsection
(f)is used to train emergency responders, the State or Indian tribe shall ensure that the emergency responders who receive training under the grant 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, including the transportation of Class 3 flammable liquids by rail. Nothing in this section may be construed to affect or limit the application of, obligation to comply with, or liability under any Federal or State law. The term Class 3 flammable liquid has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations. The term railroad carrier has the meaning given such term in section 20102. . The analysis for chapter 51 of title 49, United States Code, is amended by inserting after the item relating to section 5110 the following new item: 5111. Rail spill preparedness fund. .
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