Requires a rail carrier to have a storage plan, meeting specified requirements and approved by the Surface Transportation Board, for any of its rail cars that it stores for three or more years, and continues to store, on tracks (except rail yard or storage yard tracks) that pass through a commercial- or residential-zoned area that were designed or previously used for through transportation of trains.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4689 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4689
To require a plan approved by the Surface Transportation Board for the
long-term storage of rail cars on certain railroad tracks.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2014
Mr. Kline introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To require a plan approved by the Surface Transportation Board for the
long-term storage of rail cars on certain railroad tracks.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. STORAGE OF RAIL CARS.
(a) Amendment.--Chapter 109 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 10911. Storage of rail cars
``(a) Requirement of Storage Plan.--
``(1) General rule.--A rail carrier providing
transportation subject to the jurisdiction of the Board under
this part who has stored any rail cars, including rail cars
that it owns or leases, on tracks described in paragraph (2)
for a period of 3 years or more and continues to store such
cars on such tracks on the date of enactment of this section
shall submit to the Board a plan for such storage under
subsection (b).
``(2) Covered tracks.--Tracks referred to in paragraph (1)
are tracks passing through an area zoned for commercial or
residential use that were designed or previously used for
through transportation of trains, and do not include rail yard
or storage yard tracks.
``(b) Plan.--
``(1) Contents.--A plan submitted to the Board under
subsection (a)(1) shall contain--
``(A) an explanation of the rail carrier's reasons
for the storage of rail cars on the tracks specified in
the plan, including an explanation of why no suitable
alternative site for storage of the rail cars exists;
``(B) a description of the tracks on which the rail
cars are stored or will be stored, including the
proximity of such tracks to a home or school;
``(C) evidence that the rail carrier has worked
with the relevant local community to develop measures
described in subparagraphs (D) and (E);
``(D) a description of measures to be undertaken to
ensure that the rail car storage will not jeopardize
the public safety for the duration of the period to
which the plan applies;
``(E) a description of measures to be undertaken to
mitigate any impacts of the long-term storage of rail
cars on the community through which the tracks pass;
and
``(F) an estimated timeline for the final
disposition of the rail cars to be stored on the
specified tracks.
``(2) Approval.--Not later than 6 months after receiving a
complete plan under this section, the Board, after public
notice and an opportunity for public comment, shall approve or
disapprove the plan. The Board shall approve the plan unless
the Board determines that the storage of rail cars covered by
the plan jeopardizes public safety, including the safety of
children. Any such determination shall be based on information
provided in the plan, by the local community, or otherwise
through public comment.
``(c) Authority.--
``(1) General rule.--Except as provided in paragraph (2), a
rail carrier providing transportation subject to the
jurisdiction of the Board under this part may store rail cars
as described in subsection (a) only in accordance with a plan
for such storage approved by the Board under subsection (b)(2).
``(2) Interim authority.--
``(A) In general.--Except as provided in
subparagraph (B), the Board shall authorize the
temporary storage of rail cars as described in
subsection (a) for a period before a plan has been
approved under subsection (b)(2) if the Board
determines that a plan for such storage has been
submitted, or is being prepared for submittal in a
timely manner, for approval under subsection (b).
``(B) Exception.--The Board shall not authorize
temporary storage under this paragraph if the Board
finds, on its own initiative or pursuant to information
provided by the local community, that such storage
poses a significant safety hazard, including to the
safety of children.
``(d) Enforcement.--
``(1) Petitions.--The Board shall establish procedures to
enable a local governmental entity to petition the Board to
enforce this section.
``(2) Penalties.--Each rail car with respect to which a
violation of this section has occurred shall be considered a
separate violation for purposes of section 11901(a).''.
(b) Table of Sections.--The table of sections for such chapter is
amended by adding at the end the following new item:
``10911. Storage of rail cars.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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