Toxics by Rail Accountability and Community Knowledge Act of 2015 or the TRACK Act
Requires railroad carriers found at fault for an unintended release of hazardous materials (hazmat) due to a railroad accident or incident during calendar year 2010 to:
Directs the Secretary of Transportation to prescribe regulations:
Requires the Secretary, in collaboration with the Secretary of Homeland Security and the American Short Line and Regional Railroad Association, to develop route safety and security risk assessment tools for short line and regional railroad carriers.
Revises the railroad safety risk reduction program by requiring railroad carriers to develop a comprehensive program to improve safety by reducing the number and rates of accidents, incidents, injuries, and fatalities (as under current law) through the use of safety management systems and their associated key principles, analysis of operational incidents and accidents, and continuous evaluation and improvement programs.
Directs the Secretary to prescribe regulations requiring railroad carriers transporting hazmat to:
Prescribes certain civil penalties for any railroad carrier that violates a requirement or regulation under this Act.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2074 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2074
To enhance rail safety and provide for the safe transport of hazardous
materials, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2015
Mr. Norcross introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To enhance rail safety and provide for the safe transport of hazardous
materials, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toxics by Rail Accountability and
Community Knowledge Act of 2015'' or the ``TRACK Act''.
SEC. 2. CHEMICAL EXPOSURE RIGHT-TO-KNOW.
(a) Definitions.--In this section:
(1) Long-lasting or irreversible health consequences.--The
term ``long-lasting or irreversible health consequences'' means
those health consequences occurring at the exposure threshold
defined in the Acute Exposure Guideline Level AEGL-2 or AEGL-3,
as established by the National Advisory Committee for the
Development of Acute Exposure Guideline Levels for Hazardous
Substances.
(2) Post-accident public health assessment.--The term
``post-accident public health assessment'' means a scientific
assessment of the impacts of a hazardous material release on
public health made by a qualified entity.
(3) Qualified entity.--The term ``qualified entity'' means
a Federal, State, or other governmental entity responsible for
emergency response, public health, chemical safety or
transportation, or environmental protection.
(b) Right-to-Know Protections.--Beginning 180 days after the date
of the enactment of this Act, railroad carriers that are found to be at
fault by an administrative, judicial, or investigatory process for an
accident or incident during calendar year 2010 or later that led to an
unintended release of hazardous materials shall--
(1) periodically review any post-accident public health
assessments regarding the extent to which individuals exposed
to the hazardous material that was released could experience
long-lasting or irreversible health consequences;
(2) timely inform individuals exposed to the hazardous
material of any health information, including information
regarding long-lasting or irreversible health consequences,
included in such reports; and
(3) offer to renegotiate any legal settlements made to
individuals impacted by a hazardous material release for which
additional information about the potential for long-lasting or
irreversible health consequences has been later disclosed in a
post-accident public health assessment.
(c) Enforcement.--Any railroad carrier violating subsection (b)(3),
or a regulation prescribed pursuant to subsection (b)(3), shall be
liable to the Federal Government for a civil penalty for each violation
or for each day the violation continues, as follows:
(1) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class I carriers,
as determined by the Surface Transportation Board under section
1201.1-1 of title 49, Code of Federal Regulations, shall be
liable for a civil penalty of not less than $100,000 and not
more than $1,000,000.
(2) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class II carriers,
as determined by the Surface Transportation Board under section
1201.1-1 of title 49, Code of Federal Regulations, shall be
liable for a civil penalty of not less than $25,000 and not
more than $250,000.
(3) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class III carriers,
as determined by the Surface Transportation Board under section
1201.1-1 of title 49, Code of Federal Regulations, shall be
liable for a civil penalty of not less than $10,000 and not
more than $100,000.
SEC. 3. COMMODITY FLOW TRANSPARENCY.
(a) Rulemaking.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Transportation shall prescribe
regulations requiring a railroad carrier transporting a hazardous
material--
(1) to provide first responders, emergency response
officials, and law enforcement personnel in the communities
through which the hazardous material is transported with
accurate and current commodity flow data; and
(2) to assist with the development of emergency operations
and response plans designed to protect public health and
community safety in the event of a railroad accident or
incident involving the hazardous material.
(b) Considerations.--In prescribing regulations under subsection
(a), the Secretary may consider which hazardous materials or classes of
hazardous materials are most relevant to be included within commodity
flow information based on factors such as--
(1) the volume of the hazardous material transported; and
(2) the threat to public health and community safety posed
by each hazardous material.
SEC. 4. MOVEABLE BRIDGE INSPECTION BEFORE TRAIN MOVEMENT.
(a) Procedure Required.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Transportation shall
prescribe regulations establishing a procedure for a railroad carrier
to permit a train to pass a red signal aspect protecting a moveable
bridge.
(b) Training and Qualifications.--
(1) Training program.--The procedure established pursuant
to subsection (a) shall require a railroad carrier that
operates across a moveable bridge to have an active program to
train and qualify its employees to determine whether a train
can safely travel across a moveable bridge when a signal
protecting the bridge is displaying a red signal aspect.
(2) Required qualifications.--A railroad carrier described
in paragraph (1) shall ensure that only an individual qualified
under the railroad carrier's training program is given
responsibility for determining whether a train can safely
travel across a moveable bridge when a signal protecting the
bridge is displaying a red signal aspect.
(c) Enforcement.--Any railroad carrier violating this section, or a
regulation prescribed pursuant to this section, shall be liable to the
Federal Government for a civil penalty for each violation or for each
day the violation continues, as follows:
(1) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class I carriers,
as determined by the Surface Transportation Board under section
1201.1-1 of title 49, Code of Federal Regulations, shall be
liable for a civil penalty of not less than $100,000 and not
more than $1,000,000.
(2) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class II carriers,
as determined by the Surface Transportation Board under section
1201.1-1 of title 49, Code of Federal Regulations, shall be
liable for a civil penalty of not less than $25,000 and not
more than $250,000.
(3) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class III carriers,
as determined by the Surface Transportation Board under section
1201.1-1 of title 49, Code of Federal Regulations, shall be
liable for a civil penalty of not less than $10,000 and not
more than $100,000.
SEC. 5. ROUTE RISK ASSESSMENT.
(a) Route Risk Assessment Tools.--The Secretary of Transportation,
in collaboration with the Secretary of Homeland Security and the
American Short Line and Regional Railroad Association, shall develop a
route risk assessment tool for the use of short line and regional
railroad carriers that--
(1) addresses any known limitations of the Rail Corridor
Risk Management Safety software tool for short line and
regional railroad carriers; and
(2) allows for safety and security risk assessments to be
performed by short line and regional railroad carriers when
alternative routes are not available.
(b) Route Risk Assessment Audits.--The Secretary of Transportation,
in collaboration with the Secretary of Homeland Security and the
American Short Line and Regional Railroad Association, shall conduct
audits of short line and regional railroads to ensure that proper route
risk assessments that identify safety and security vulnerabilities are
being performed and are incorporated into a safety management system
program.
SEC. 6. RAILROAD SAFETY RISK REDUCTION PROGRAM AMENDMENTS.
(a) Safety Management Systems.--Section 20156(d)(1) of title 49,
United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) the use of safety management systems and
their associated key principles, including top-down
ownership and policies, analysis of operational
incidents and accidents, and continuous evaluation and
improvement programs.''.
(b) Sense of Congress.--It is the sense of Congress that, under the
Railroad Safety Risk Reduction Program under section 20156 of title 49,
United States Code, the Secretary of Transportation should include
within the definition of ``a railroad carrier that has an inadequate
safety performance'' any railroad carrier that is at fault for an
incident, accident, or emergency involving hazardous materials that has
led to a fatality or personal injury, an evacuation, or environmental
damage within the last 5 years.
SEC. 7. FIRST RESPONDER RIGHT-TO-KNOW.
(a) Real-Time Emergency Response Notification.--Not later than 1
year after the date of the enactment of this Act, the Secretary of
Transportation shall prescribe regulations that--
(1) require a railroad carrier transporting a hazardous
material--
(A) to have the capability to generate, maintain,
retrieve, and promptly deliver accurate and real-time
consists that include the identity and location of the
hazardous material on the train; and
(B) to provide such information promptly to first
responders, emergency response officials, and law
enforcement personnel in the event of an incident,
accident, or emergency, or as required by such entities
to protect public health and community safety; and
(2) prohibit a railroad carrier, employee, or agent from
withholding, or a railroad carrier from instructing its
employees or agents to withhold, a train consist or a real-time
train consist from first responders, emergency response
officials, and law enforcement personnel in the event of an
incident, accident, or emergency involving the transportation
of hazardous materials by railroad that threatens public health
or safety.
(b) Emergency Response Standardization.--The Secretary of
Transportation, in consultation with railroad carriers, shall ensure
that emergency response information carried by train crews transporting
hazardous materials is consistent with, and is at least as protective
as, the emergency response guidance provided in the Emergency Response
Guidebook issued by the Department of Transportation.
(c) Enforcement.--Any railroad carrier violating subsection (a)(2)
or a regulation prescribed pursuant to subsection (a)(2) shall be
liable to the Federal Government for a civil penalty for each violation
or each day the violation continues, as follows:
(1) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class I carriers,
as determined by the Surface Transportation Board under section
1201.1-1 of title 49, Code of Federal Regulations, shall be
liable for a civil penalty of not less than $100,000 and not
more than $1,000,000.
(2) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class II carriers
as determined by the Surface Transportation Board under section
1201.1-1 of title 49, Code of Federal Regulations, shall be
liable for a civil penalty of not less than $25,000 and not
more than $250,000.
(3) A railroad carrier that has annual carrier operating
revenues that meet the threshold amount for Class III carriers
as determined by the Surface Transportation Board under section
1201.1-1 of title 49, Code of Federal Regulations, shall be
liable for a civil penalty of not less than $10,000 and not
more than $100,000.
SEC. 8. PUBLIC EDUCATION.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Transportation shall prescribe regulations requiring
railroad carriers transporting hazardous materials to develop,
implement, and periodically evaluate a public education program for the
communities along railroad hazardous materials routes, which may
include--
(1) procedures for reporting the release of a hazardous
material;
(2) physical indications of a release of a hazardous
material, including a focus on hazardous materials that are
most commonly transported in or near a given community;
(3) methods of communication that will be used to alert the
community in the event of a railroad incident, accident, or
emergency involving a hazardous material;
(4) steps that should be taken by community residents to
ensure public health and safety in the event of a hazardous
material release; and
(5) a discussion of possible public health and safety
concerns associated with an unintended release of a hazardous
material, including a focus on hazardous materials that are
most commonly transported in or near a given community.
SEC. 9. INFLATION ADJUSTMENTS.
The Secretary of Transportation shall issue a statement of agency
policy adjusting the penalty schedules for violations outlined in this
Act as necessary to account for inflation, each time the Secretary is
required by law to review the minimum and maximum civil monetary
penalty for inflation under the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Public Law 101-410; 28 U.S.C. 2461 note). The
Secretary may subject the statement of agency policy to notice and
comment, as the Secretary considers appropriate.
<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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