The U.S. Senate Committee on Commerce, Science and Transportation has approved the bipartisan Railway Safety Act of 2023 following negotiations led by Senator Maria Cantwell (D-Wash.), Chair of the Committee, sending the legislation to the Senate floor.Â
The Railway Safety Act of 2023 was introduced by Ohio and Pennsylvania Sens. Sherrod Brown, J.D. Vance, Bob Casey and John Fetterman, along with Sens. Marco Rubio (R-Fla.) and Josh Hawley (R-Mo.), following the devastating train derailment in East Palestine, Ohio.
“This bipartisan legislation is focused on learning the lessons from East Palestine and helping us to avoid future accidents,” Sen. Cantwell said before the legislation passed 16-11. “No community should have to go through the trauma and evacuation and environmental damage that East Palestine had to go through, especially when you can prevent these from happening.”
The legislation includes key provisions championed by Sen. Cantwell to support firefighters who bravely respond to disasters like the East Palestine derailment. It also aims to reform the Department of Transportation’s (DOT) Hazardous Materials Emergency Preparedness (HMEP) programs to ensure fire departments can purchase personal protective gear and creates a new program to make fire departments whole after responding to a derailment.
If passed, the legislation would mandate that railroads use defect detectors. Railroads would be required to submit plans to the Federal Railroad Administration proving that they will deploy the defect detectors that meet standards set by DOT. The law would mandate that hotbox detectors be deployed an average of every 15 miles, a reduction of the current voluntary industry practice of installing defect detectors an average of 25 miles today. If a railroad does not comply with its plan, and an accident occurs, no matter the cause, the railroad would be considered in violation of rail safety law and subject to a fine. The bill would also empower DOT to make railroads stop trains when these technologies identify something is wrong.
The Federal Railroad Administration requires trains carrying large amounts of flammable liquids (like crude oil) to comply with speed restrictions in urban areas, improve braking systems to make trains stop faster, conduct a route risk analysis to ensure railroads take the safest route and take steps to mitigate safety and security risks, and ensure railroads have a hazardous materials (hazmat) spill response plan in the event of a derailment. The bill would expand the types of chemicals that trigger these specific safety requirements so that trains carrying vinyl chloride and other explosives and toxic materials, including flammable gas, poisonous gas and nuclear material, would be subject to the same safety requirements as flammable liquid trains.
The bill would require that railroads notify states about the types and frequency of trains carrying hazmat transported through the state boundaries. Additionally, the bill would require DOT to improve railroads’ existing hazmat response plans by ensuring railroads have: (1) a DOT approved plan explaining how they will respond to a release of dangerous chemicals that high-hazard trains transport; and (2) that railroads have their own hazmat spill response teams to quickly respond to derailments and support local firefighters.
During a hearing in March, the Committee received documents showing Norfolk Southern recommended its employees complete inspections of one side of a railcar in just 30 seconds. In September 2022, DOT sent Class I railroads a letter raising concerns that railroads were not using properly trained mechanics to conduct the predeparture inspections. The Railway Safety Act of 2023 would prohibit railroads from imposing time requirements on inspectors and require DOT to ensure railroads use trained mechanics to conduct these inspections. The bill would mandate a new requirement that all railcars have a thorough inspection at least once every five years to ensure all its components are in working order.
The average penalty Class I railroads pay for a violation of rail safety law was less than $4,000 per violation in 2021. To ensure that railroads take seriously both rail safety laws and hazardous materials safety laws, including the mandates in the bill, the legislation would increase the maximum statutory civil penalty from $100,000 to $10 million.
“We learned in the East Palestine incident that the conductor played a key role as a first responder. This legislation requires at least a two-man crew on board– while the train can be as long as two miles long – and to have the person on board respond in the event of an emergency,” Sen. Cantwell said.
Railroads have proposed eliminating conductors from the cab of the locomotive and having them follow the train in trucks. The new law would create a statutory requirement that all trains operated by Class I railroads are operated with two crewmembers.
The bill would make $10 million available to DOT to reimburse first responders for overtime and equipment costs, as well as baseline health care assessments. The bill would also expand the existing Hazardous Materials Emergency Preparedness grant to allow fire departments to purchase personal protective gear.
Read more at the Senate Committee on Commerce, Science and Transportation
