Sec. 8001 Short title
This division may be cited as the “Improving Hazardous Materials Safety Act of 2020”.
Division C — Hazardous Materials Transportation
C Hazardous Materials Transportation
I Authorizations
Sec. 8101 Authorization of appropriations
Section 5128 of title 49, United States Code, is amended—
in subsection (a) by striking paragraphs (1) through (5) and inserting the following:
“(1) $67,000,000 for fiscal year 2021;
“(2) $68,000,000 for fiscal year 2022;
“(3) $69,000,000 for fiscal year 2023;
“(4) $71,000,000 for fiscal year 2024; and
“(5) $72,000,000 for fiscal year 2025;”
in subsection (b)—
by striking “fiscal years 2016 through 2020” and inserting “fiscal years 2021 through 2025”; and
by striking “$21,988,000” and inserting “$24,025,000”;
in subsection (c) by striking “$4,000,000 for each of fiscal years 2016 through 2020” and inserting “$5,000,000 for each of fiscal years 2021 through 2025”;
in subsection (d) by striking “$1,000,000 for each of fiscal years 2016 through 2020” and inserting “$4,000,000 for each of fiscal years 2021 through 2025”;
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following:
“(e) Assistance with local emergency responder training grants—From the Hazardous Materials Emergency Preparedness Fund established under section 5116(h), the Secretary may expend $1,800,000 for each of fiscal years 2021 through 2025 to carry out the grant program under section 5107(j).”
II Hazardous Materials Safety and Improvement
Sec. 8201 Repeal of certain requirements related to lithium cells and batteries
Repeal— Section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
Conforming amendments— Section 333 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) is amended—
in subsection (a)—
in paragraph (1)—
by striking “(A) In general.—” and all that follows through “the Secretary” and inserting “The Secretary”; and
by striking subparagraph (B); and
in paragraph (2) by striking “Pursuant to section 828 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), the Secretary” and inserting “The Secretary”;
by striking paragraph (4) of subsection (b); and
by striking paragraph (1) of subsection (h) and inserting the following:
“(1) ICAO Technical Instructions—The term ICAO Technical Instructions means the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air.”
Sec. 8202 Transportation of liquefied natural gas by rail tank car
Evaluation— Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Railroad Administration, in coordination with the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall initiate an evaluation of the safety, security, and environmental risks of transporting liquefied natural gas by rail.
Testing— In conducting the evaluation under subsection (a), the Administrator of the Federal Railroad Administration shall—
perform physical testing of rail tank cars, including, at a minimum, the DOT–113 specification, to evaluate the performance of such rail tank cars in the event of an accident or derailment, including evaluation of the extent to which design and construction features such as steel thickness and valve protections prevent or mitigate the release of liquefied natural gas;
analyze multiple release scenarios, including derailments, front-end collisions, rear-end collisions, side-impact collisions, grade-crossing collisions, punctures, and impact of an incendiary device, at a minimum of 3 speeds of travel with a sufficient range of speeds to evaluate the safety, security, and environmental risks posed under real-world operating conditions; and
examine the effects of exposure to climate conditions across rail networks, including temperature, humidity, and any other factors that the Administrator of the Federal Railroad Administration determines could influence performance of rail tank cars and components of such rail tank cars.
Other factors To consider— In conducting the evaluation under subsection (a), the Administrator of the Federal Railroad Administration shall evaluate the impact of a discharge of liquefied natural gas from a rail tank car on public safety and the environment, and consider—
the benefits of route restrictions, speed restrictions, enhanced brake requirements, personnel requirements, rail tank car technological requirements, and other operating controls;
the advisability of consist restrictions, including limitations on the arrangement and quantity of rail tank cars carrying liquefied natural gas in any given consist;
the identification of potential impact areas, and the number of homes and structures potentially endangered by a discharge in rural, suburban, and urban environments;
the impact of discharge on the environment, including air quality impacts;
the benefits of advanced notification to the Department of Transportation, State Emergency Response Commissions, and Tribal Emergency Response Commissions of routes for moving liquefied natural gas by rail tank car;
how first responders respond to an incident, including the extent to which specialized equipment or training would be required and the cost to communities for acquiring any necessary equipment or training;
whether thermal radiation could occur from a discharge;
an evaluation of the rail tank car authorized by the Secretary of Transportation for liquefied natural gas or similar cryogenic liquids, and a determination of whether specific safety enhancements or new standards are necessary to ensure the safety of rail transport of liquefied natural gas; and
the risks posed by the transportation of liquefied natural gas by International Organization for Standardization containers authorized by the Federal Railroad Administration.
Report— Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make available to the public—
a report based on the evaluation and testing conducted under subsections (a) and (b), which shall include the results of the evaluation and testing and recommendations for mitigating or eliminating the safety, security, environmental, and other risks of an accident or incident involving the transportation of liquefied natural gas by rail; and
a complete list of all research related to the transportation of liquefied natural gas by rail conducted by the Federal Railroad Administration, the Pipeline and Hazardous Materials Safety Administration, or any other entity of the Federal Government since 2010 that includes, for each research item—
the title of any reports or studies produced with respect to the research;
the agency, entity, or organization performing the research;
the names of all authors and co-authors of any report or study produced with respect to the research; and
the date any related report was published or is expected to publish.
Data collection— The Administrator of the Federal Railroad Administration and the Administrator of the Pipeline and Hazardous Materials Safety Administration shall collect any relevant data or records necessary to complete the evaluation required by subsection (a).
GAO report— After the evaluation required by subsection (a) has been completed, the Comptroller General of the United States shall conduct an independent evaluation to verify that the Federal Railroad Administration and the Pipeline and Hazardous Materials Safety Administration complied with the requirements of this Act, and transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of such independent evaluation.
Congressional review requirements—
Review period defined— In this subsection, the term review period means the period beginning on the date of enactment of this Act and ending on the earlier of—
the date that is 1 year after the date of completion of the report under subsection (f); or
the date that is 4 years after the date of enactment of this Act.
Congressional authority— The Secretary of Transportation—
may not issue any regulation authorizing the transportation of liquefied natural gas by rail tank car or authorize such transportation through issuance of a special permit or approval before the conclusion of the review period; and
shall rescind any special permit or approval for the transportation of liquefied natural gas by rail tank car issued before the date of enactment of this Act.
Sec. 8203 Hazardous materials training requirements and grants
Section 5107 of title 49, United States Code, is amended by adding at the end the following:
“(j) Assistance with local emergency responder training—The Secretary shall make grants to nonprofit organizations to develop hazardous materials response training for emergency responders, including response activities for the transportation of crude oil, ethanol, and other flammable liquids by rail (consistent with National Fire Protection Association standards), and to make such training available electronically or in person.”
Sec. 8204 Study on hazardous materials transported by commercial motor vehicles on highway-rail grade crossings
Study—
In general— The Secretary of Transportation shall conduct a study to evaluate the overall safety of the requirement that commercial motor vehicles come to a full stop at highway-rail grade crossings described in section 392.10 of title 49, Code of Federal Regulations.
Contents— The study required under paragraph (1) shall—
collect and analyze data on the frequency and severity of rear-end collisions that occur when commercial motor vehicles transporting hazardous materials are stopped at grade crossings;
assess the extent to which such requirement reduces instances of truck-train collisions;
evaluate the overall safety of such requirement; and
recommend whether to remove such requirement.
Report— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the findings of the study under subsection (a) and the Secretary’s planned course of action regarding the requirement described in section 392.10 of title 49, Code of Federal Regulations.
Commercial motor vehicle defined— In this section, the term commercial motor vehicle has the meaning given such term in section 13102 of title 49, United States Code.