To establish certain rules for Surface Transportation Board approval of waste management company applications to become rail carriers.

Declares that a certain decision of the Surface Transportation Board (Docket Number 34734) shall be the final decision regarding the application of Northeast Interchange Railway with respect to the rail line in Croton-on-Hudson, New York.

Prohibits the Board from approving a lease and operation exemption application: (1) by a company operating less than 1,700 feet of track to haul waste unless the Board holds a public hearing; and (2) by a company to haul waste without a majority vote of the full Board.

Directs the Board to require a company that becomes rail carrier to haul waste to comply with all applicable state and local zoning laws.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4870 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4870

To establish certain rules for Surface Transportation Board approval of 
     waste management company applications to become rail carriers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2006

  Mrs. Kelly introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To establish certain rules for Surface Transportation Board approval of 
     waste management company applications to become rail carriers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINAL DECISION.

    The decision of the Surface Transportation Board in its Docket 
Number 34734 shall be the final decision regarding the application of 
Northeast Interchange Railway with respect to the rail line in Croton-
on-Hudson, New York.

SEC. 2. LIMITATION ON CERTAIN WASTE TRANSPORTATION APPLICATIONS.

    The Surface Transportation Board shall not approve a lease and 
operation exemption application, by a company operating less than 1,700 
feet of track, for the purpose of hauling waste unless the Surface 
Transportation Board has conducted a public hearing in the jurisdiction 
normally exercising regulatory control over the transportation of 
waste.

SEC. 3. MAJORITY VOTE.

    The Surface Transportation Board shall not approve a lease and 
operation exemption application by a company for the purpose of hauling 
waste without a majority vote of the full Surface Transportation Board.

SEC. 4. COMPLIANCE WITH STATE AND LOCAL LAW.

    (a) In General.--The Surface Transportation Board shall require a 
company that becomes a rail carrier (within the meaning of section 
10102(5) of title 49, United States Code) for the purpose of hauling 
waste to comply with all applicable State and local zoning laws.
    (b) Effective Date.--Subsection (a) shall take effect 30 days after 
the date of enactment of this Act.
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