Bill Text: NJ S4049 | 2022-2023 | Regular Session | Introduced
Bill Title: Concerns railroad safety.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2023-06-27 - Introduced in the Senate, Referred to Senate Transportation Committee [S4049 Detail]
Download: New_Jersey-2022-S4049-Introduced.html
Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Concerns railroad safety.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning railroad safety and supplementing Title 27 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Board" means the Board of Public Utilities.
"Branch line" means a secondary railroad track that branches off from a main line.
"Commissioner" means the Commissioner of Environmental Protection.
"Contamination" or "contaminant" means any discharged hazardous substance, hazardous waste as defined pursuant to section 1 of P.L.1976, c.99 (C.13:1E-38), or pollutant as defined pursuant to section 3 of P.L.1977, c.74 (C.58:10A-3).
"Defects" include hot wheel bearings, hot wheels, defective bearings that are detected through acoustics, dragging equipment, excessive height or weight, shifted loads, low hoses, rail temperature, and wheel conditions.
"Department" means the Department of Environmental Protection.
"Discharge" means any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous substances into the waters or onto the lands of the State, or into waters outside the jurisdiction of the State when damage may result to the lands, waters, or natural resources within the jurisdiction of the State.
"Emergency response action" means those activities conducted by a local unit to clean up, remove, prevent, contain, or mitigate a discharge that poses an immediate threat to the environment or to the public health, safety, or welfare.
"Emergency services provider" means a law enforcement agency, emergency medical services unit, fire department, emergency communications provider, hazardous material response unit, volunteer fire department, duly incorporated fire or first aid company, or volunteer emergency, ambulance, or rescue squad association, organization, or company which provides emergency services for a local unit.
"Hazardous substances" means any Class 1 explosives as categorized in Division 1.1, 1.2, or 1.3 (as such terms are defined in 49 C.F.R. s.173.50); any flammable gases as defined by section 49 C.F.R. s.173.115(a); any flammable liquids as defined in 49 C.F.R. s.173.120(a); any hazardous material as designated by the Secretary of Transportation as hazardous pursuant to 49 U.S.C. s.5103; any high level radioactive waste and spent nuclear fuel with the same meanings given to a "type B package" or a "fissile material package" as defined in 49 C.F.R. s.173.403; any material poisonous by inhalation or material toxic by inhalation as defined in 49 C.F.R. s.171.8; and any environmentally sensitive chemicals which shall include, but not be limited to:
a. AllylChloride;
b. Carbon Tetrachloride;
c. Chlorobenzene;
d. Chloroform;
e. O-Dichlorobenzene;
f. Dichloropropance (Propylene dichloride);
g. Dichloropropane/Dichloropropene Mixture;
h. Dichloropropene;
i. Ethyl Chloride;
j. Ethylene Dibromide;
k. Ethylene Dibromide and Methyl Bromide Mixtures;
l. Ethylene Dichloride;
m. Epichlorohydrin;
n. Methyl Chloroform (1,1,1 Trichloroethane);
o. Methylene Chloride (Dichloromethane);
p. Methylene Chloride/Chloroform Mixture;
q. Perchloroethylene (Tetrachloroethylene);
r. Perchloroethylene/Trichloroethylene Mixture; and
s. Trichloroethylene.
"High hazard train" means any railroad locomotive propelling a railroad tank car or connection of railroad tank cars transporting 200,000 gallons or more of petroleum or petroleum products or 20,000 gallons or more of hazardous substances other than petroleum or petroleum products.
"Local unit" means any county or municipality, or a fire district, or any agency or other instrumentality thereof, or a duly incorporated volunteer fire, ambulance, first aid, emergency, or rescue company or squad.
"Main line" means a Class I railroad, as documented in current timetables filed by the Class I railroad with the Federal Railroad Administration, over which 5,000,000 or more gross tons of railroad traffic is transported annually. "Main line" includes railroads used for regularly scheduled intercity or commuter rail passenger service, or both.
"Major facility" shall have the same meaning as set forth in section 3 of P.L.1976, c.141 (C.58:10-23.11b).
"Natural resources" means all land, fish, shellfish, wildlife, biota, air, waters, and other resources owned, managed, held in trust, or otherwise controlled by the State.
"Owner" or "operator" means, with respect to any high hazard train, any person owning the high hazard train, or operating it by lease, contract, or other form of agreement; provided, however, that the owner or operator shall not mean a person who operates a high hazard train only for the purposes of positioning or moving railroad tank cars within the confines of a major facility, or a person whose interest in a high hazard train solely involves the ownership or lease of one or more railroad tank cars without operational authority.
"Petroleum" or "petroleum products" shall have the same meaning as set forth in section 3 of P.L.1976, c.141 (C.58:10-23.11b).
"Railroad" means any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including commuter or other short-haul railroad passenger service in a metropolitan or suburban area, commuter railroad service and high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads. "Railroad" does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
"Short line" means an independent railroad company that operates over a relatively short distance.
"Train" means one or more locomotives coupled with or without cars, requiring an air brake test in accordance with either 49 C.F.R. Part 232 or 49 C.F.R. Part 238, except during switching operations or where the operation is that of classifying and assembling rail cars within a railroad yard for the purpose of making or breaking up trains. "Train" includes a single locomotive, multiple locomotives coupled together, and one or more locomotives coupled with one or more cars.
"Waters" means the ocean and its estuaries to the seaward limit of the State's jurisdiction, all springs, streams, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of this State.
"Wayside detector system" means an electronic device or a series of connected devices that scan passing trains, rolling stock, on-track equipment, and their component equipment and parts for defects.
2. Following a discharge that requires emergency response action, the owner or operator of a high hazard train shall:
a. within one hour of a discharge, identify an emergency response coordinator to advise the emergency services provider of the local unit. The emergency response coordinator may be made available by telephone, but is required to have authorization to deploy all necessary emergency response resources of the owner or operator of the high hazard train;
b. within three hours of a discharge, deploy the emergency response coordinator and trained personnel to the discharge site to assess the discharge and to advise the emergency service provider of the local unit;
c. within eight hours of a discharge, deliver and deploy emergency response, recovery, and containment equipment, trained personnel, and all other materials needed to provide on-site containment of the discharged petroleum, petroleum products, and hazardous substances and to protect environmentally sensitive areas and potable water intakes within one mile of the discharge site and within eight hours of calculated water travel time in any river or stream that the discharge site intersects; and
d. within 60 hours of a discharge, deliver and deploy additional emergency response, recovery, and containment equipment, trained personnel, and all other materials needed to provide containment and recovery of the discharged petroleum, petroleum products, and hazardous substances and to protect environmentally sensitive areas and potable water intakes at any location along the travel route of the high hazard train or in any river or stream that the discharge site intersects.
3. The owner or operator of a high hazard train shall require at least a two person crew on all high hazard trains. The owner or operator of a high hazard train shall further require that all high hazard trains clearly display the name of the railroad company that owns the high hazard train.
4. a. Whenever, on the basis of available information, the Commissioner of Environmental Protection finds that the owner or operator of a high hazard train is in violation of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, the commissioner may:
(1) levy a civil administrative penalty in accordance with subsection b. of this section; or
(2) bring an action for a civil penalty in accordance with subsection c. of this section.
The exercise of any of the remedies provided in this section shall not preclude recourse to any other remedy so provided.
b. The commissioner is authorized to assess a civil administrative penalty of not more than $25,000 for each violation of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, and each day during which each violation continues shall constitute an additional, separate, and distinct offense. Any amount assessed under this section shall fall within a range established by regulation by the commissioner for violations of similar type, seriousness, duration, and conduct; provided, however, that prior to the adoption of the rule or regulation, the commissioner may, on a case-by-case basis, assess civil administrative penalties up to a maximum of $25,000 per day for each violation, utilizing the criteria set forth herein. In addition to any civil administrative penalty assessed under this subsection and notwithstanding the $25,000 maximum penalty set forth above, the commissioner may assess any economic benefits from the violation gained by the violator. Prior to assessment of a penalty under this subsection, the owner or operator of the high hazard train committing the violation shall be notified by certified mail or personal service that the penalty is being assessed. The notice shall: include a reference to the section of the statute or regulation violated; recite the facts alleged to constitute a violation; state the basis for the amount of the civil penalties to be assessed; and affirm the rights of the alleged violator to a hearing. The ordered party shall have 35 calendar days from receipt of the notice within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order after assessing the amount of the fine specified in the notice. If a hearing is not requested, the notice shall become a final order after the expiration of the 35 calendar day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The authority to levy an administrative order is in addition to all other enforcement provisions in P.L. , c. (C. ) (pending before the Legislature as this bill), or of any rule or regulation adopted pursuant thereto, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. The department may compromise any civil administrative penalty assessed under this subsection in an amount and with conditions the department determines appropriate. A civil administrative penalty assessed, including a portion thereof required to be paid pursuant to a payment schedule approved by the department, which is not paid within 90 days of the date that payment of the penalty is due, shall be subject to an interest charge on the amount of the penalty, or portion thereof, which shall accrue as of the date payment is due. If the penalty is contested, an additional interest charge shall not accrue on the amount of the penalty until 90 days after the date on which a final order is issued. Interest charges assessed and collectible pursuant to this subsection shall be based on the rate of interest on judgments provided in the New Jersey Rules of Court.
c. Any owner or operator of a high hazard train who violates the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, or who fails to pay in full a civil administrative penalty levied pursuant to subsection b. of this section, or who fails to make a payment pursuant to a penalty payment schedule entered into with the department, or who knowingly makes any false or misleading statement, representation, or certification on any application, record, report, or other document required to be submitted to the department, shall be subject, upon order of a court, to a civil penalty not to exceed $25,000 for each day during which the violation continues. Any civil penalty imposed pursuant to this subsection may be collected, and any costs incurred in connection therewith may be recovered, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). In addition to any penalties, costs or interest charges, the court may assess against the violator the amount of economic benefit accruing to the violator from the violation. The Superior Court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
d. The owner or operator of a high hazard train that experiences a discharge shall be subject to the penalty and injunctive relief provisions of section 22 of P.L.1976, c.141 (C.58:10-23.11u).
5. a. No railroad company, including a short line, operating within this State on any main line or branch line shall operate, or permit to be operated, on any part of a main line or branch line, any train which exceeds 8,500 feet in length.
b. Notwithstanding section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill):
(1) a person or railroad violating any provision of this section shall be liable for a civil penalty. Any civil penalty imposed may be collected, and any costs incurred in connection therewith may be recovered, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(2) the amount of the civil penalty shall be at least $500 but not more than $1,000 per foot over the maximum train length provided in subsection a. of this section; provided that, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals or has caused death or injury, the amount of the civil penalty shall be not more than $250,000, regardless of the length of the train.
6. The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not apply to the owner or operator of a Class III carrier, as defined by the Surface Transportation Board pursuant to 49 C.F.R. Part 1201 1-1, that operates within a single municipality on not more than 25 total track miles and is engaged in switching or terminal railroad services. Nothing contained herein shall be construed to exempt a major facility from the provisions of the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.).
7. In accordance with the federal regulations promulgated pursuant to section 11405 of the federal "Fixing America's Surface Transportation Act," Pub.L.114-94, the Commissioner of Environmental Protection shall, at least annually and whenever the Commissioner of Environmental Protection shall deem necessary, request from the United States Secretary of Transportation a copy of the most recent bridge inspection report generated pursuant to the federal "Fixing America's Surface Transportation Act," Pub.L.114-94, for every bridge owned by a railroad or upon which a railroad is located.
The Commissioner of Environmental Protection shall submit any bridge inspection report, acquired by the Department of Environmental Protection pursuant to this section, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.
8. a. The Board of Public Utilities in conjunction with the New Jersey Department of Transportation shall work with each railroad company that operates a train in the State to ensure that wayside detector systems are installed and are operating along railroad tracks on which the railroad operates and to ensure that such systems meet all of the following standards:
(1) the wayside detector systems are properly installed, maintained, repaired, and operational in accordance with the latest guidelines issued by the United States Department of Transportation, the Federal Railroad Administration, and the Association of American Railroads;
(2) any expired, nonworking, or outdated wayside detector system or component parts of a system are removed and replaced with new parts or an entirely new system that reflects the current best practices and standards of the industry;
(3) the railroad company has defined, written standards and training for its employees pertaining to wayside detector system defect alerts, the course of action that employees are required to take to respond to an alert, and appropriate monitoring and responses by the company if employees fail to take the required course of action; and
(4) the distance between wayside detector systems is appropriate when accounting for the natural terrain surrounding the railroad track on which the railroad operates and the safety of the trains, rolling stock, on-track equipment, their operators, their passengers, and the persons and property in the vicinity of such railroad track so that if defects are detected operators have sufficient time to do the following:
(a) respond to the alerts projected by the wayside detector system;
(b) stop the train, rolling stock, or on-track equipment, if necessary; and
(c) make all necessary repairs or, if repair is impossible at the location, to remove the component parts or equipment that is defective.
b. If a railroad company refuses to work or otherwise cooperate with the board and the New Jersey Department of Transportation in good faith in accordance with this section, the board and the Department of Transportation shall investigate the railroad company's safety practices and standards. The board and the Department of Transportation shall determine whether the company appears to be in compliance with federal railroad safety standards, as defined in 49 C.F.R. Part 209.
c. (1) If the board and the Department of Transportation determine that a railroad company does not appear to be in compliance with the applicable federal standards pursuant to subsection b. of this section, the board and the Department of Transportation shall make a report to the Federal Railroad Administration within 60 days of making the determination pursuant to subsection b. of this section. The report shall detail the results of the investigation and recommend that the administration take enforcement action in accordance with its authority against the railroad company for the safety violations discovered through that investigation.
(2) The board and the New Jersey Department of Transportation shall send a copy of the report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.
9. a. The Department of Environmental Protection shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of sections 2 through 4 and section 7 of this act within 18 months.
b. The Board of Public Utilities, in conjunction with the Department of Transportation shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of section 8 of this act within 18 months.
10. This act shall take effect immediately.
STATEMENT
This bill concerns various railroad safety provisions, including requiring: certain actions to be taken if a high hazard train experiences a discharge, limits on train length, and installation and review of wayside detector systems.
Following a discharge that requires emergency response action, the owner or operator of a high hazard train is required to meet certain milestones at certain time periods.
Under the bill, the owner or operator of a high hazard train is to require at least a two person crew on all high hazard trains. The owner or operator of a high hazard train is to further require that all high hazard trains clearly display the name of the rail company that owns the high hazard train.
Whenever, on the basis of available information, the Commissioner of Environmental Protection (commissioner) finds that the owner or operator of a high hazard train is in violation of the provisions this bill, or any rule or regulation adopted pursuant thereto, the commissioner may levy a civil administrative penalty or bring an action for a civil penalty. The commissioner is authorized to assess a civil administrative penalty of not more than $25,000 for each violation, and each day during which each violation continues will constitute an additional, separate, and distinct offense. The owner or operator of a high hazard train that experiences a discharge is also subject to penalty and injunctive relief provisions under the "Spill Compensation and Control Act."
The bill also prohibits any railroad company, including a short line, from operating any train that exceeds 8,500 feet in length on any main line or branch line, within the State. Any person or railroad company found to be in violation will be liable for a civil penalty of at least $500 but not more than $1,000 per foot over the maximum train length allowed under the bill, though the penalty is increased in instances of gross negligence or repeat violations that cause an imminent hazard of death or injury or has caused death or injury.
In accordance with federal regulations, the Commissioner of Environmental Protection is required to, at least annually, request from the United States Secretary of Transportation a copy of the most recent bridge inspection report for every bridge owned by a railroad or upon which a railroad is located. The commissioner is required to submit any bridge inspection report, acquired by the department, to the Governor and Legislature.
Under the bill, the Board of Public Utilities (board), in conjunction with the New Jersey Department of Transportation is required to work with each railroad company that operates in the State to ensure that wayside detector systems are installed and are operating along railroad tracks on which the railroad operates and to ensure that such systems meet certain standards. If a railroad company refuses to work or otherwise cooperate with the board and the Department of Transportation in good faith, the board and the Department of Transportation are required to investigate the railroad company's safety practices and standards to determine whether the company appears to be in compliance with federal railroad safety standards. If the railroad company does not appear to be in compliance, the board and the Department of Transportation are then required to make a report to the Federal Railroad Administration (administration) detailing the results of the investigation and recommending that the administration take enforcement action in accordance with its authority against the railroad company for the safety violations discovered through the investigation. The bill requires the board and the Department of Transportation to send a copy of the report to the Governor and Legislature.
