Community Protection and Preparedness Act of 2016

Community Protection and Preparedness Act of 2016

This bill requires the Department of Transportation (DOT), annually, to impose a $1,500 fee for each DOT-111 specification railroad tank car used to transport Class 3 flammable liquids during the previous fiscal year that did not meet DOT-117, DOT-117P, or DOT-117R specifications at the time it was used. Such fee shall be paid by each person who causes such liquids to be transported by such car in commerce and not by the railroad carrier that transports such liquids.

Collected fees shall be deposited into a Rail Account established within the Oil Spill Liability Trust Fund and shall be available only for: (1) 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; and (2) DOT grants to states and Indian tribes to develop emergency plans and to train regional hazardous material emergency response teams and public employees responding to such an accident or incident.

DOT shall issue such regulations as necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation by rail of flammable liquids or material poisonous or toxic by inhalation could affect a "high consequence area" (a commercially navigable waterway, an area with a high or concentrated population, or an area that is unusually sensitive to environmental damage). The inspections shall be carried out on foot and by a gage restraint measurement system. An inspector who finds a deviation from requirements regarding track safety standards shall immediately initiate remedial action.

Necessary amounts are authorized for the Federal Railroad Administration to hire at least two additional track safety specialists per region.