Sec. 35431. Real-time emergency response information
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/bill/114/hr/22/eas/section-35431A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Homeland Security, shall promulgate regulations— to require a Class I railroad transporting hazardous materials— to generate accurate, real-time, and electronic train consist information, including— the identity, quantity, and location of hazardous materials on a train; the point of origin and destination of the train; any emergency response information or resources required by the Secretary; and an emergency response point of contact designated by the Class I railroad; and to enter into a memorandum of understanding with each applicable fusion center to provide that fusion center with secure and confidential access to the electronic train consist information described in subparagraph
(A)for each train transporting hazardous materials in that fusion center’s jurisdiction; to require each applicable fusion center to provide the electronic train consist information described in paragraph (1)(A) to first responders, emergency response officials, and law enforcement personnel that are involved in the response to or investigation of an incident, accident, or public health or safety emergency involving the rail transportation of hazardous materials and that request such electronic train consist information; upon the request of each State, political subdivision of a State, or public agency responsible for emergency response or law enforcement, to require each applicable fusion center to provide advance notice for each high-hazard flammable train traveling through the jurisdiction of each State, political subdivision of a State, or public agency, which notice shall include the electronic train consist information described in paragraph (1)(A) for the high-hazard flammable train, and to the extent practicable, for requesting States, political subdivisions, or public agencies, to ensure that the fusion center shall provide at least 12 hours of advance notice for a high-hazard flammable train that will be traveling through the jurisdiction of the State, political subdivision of a State, or public agency, and include within the notice its best estimate of the time the train will enter the jurisdiction; to prohibit any railroad, employee, or agent from withholding, or causing to be withheld the train consist information from first responders, emergency response officials, and law enforcement personnel described in paragraph
(2)in the event of an incident, accident, or public health or safety emergency involving the rail transportation of hazardous materials; to establish security and confidentiality protections to prevent the release of the electronic train consist information to unauthorized persons; and to allow each Class I railroad to enter into a memorandum of understanding with any Class II or Class III railroad that operates trains over the Class I railroad’s line to incorporate the Class II or Class III railroad’s train consist information within the existing framework described in paragraph (1). In this section: The term applicable fusion center means a fusion center with responsibility for a geographic area in which a Class I railroad operates. The term Class I railroad has the meaning given the term in section 20102 of title 49, United States Code. The term fusion center has the meaning given the term in section 124h(j) of title 6, United States Code. The term hazardous materials means material designated as hazardous by the Secretary of Transportation under chapter 51 of the United States Code. The term high-hazard flammable train means a single train transporting 20 or more tank cars loaded with a Class 3 flammable liquid in a continuous block or a single train transporting 35 or more tank cars loaded with a Class 3 flammable liquid throughout the train consist. The term train consist includes, with regard to a specific train, the number of rail cars and the commodity transported by each rail car. Nothing in this section may be construed to prohibit a Class I railroad from voluntarily entering into a memorandum of understanding, as described in subsection (a)(1)(B), with a State emergency response commission or an entity representing or including first responders, emergency response officials, and law enforcement personnel. Nothing in this section may be construed to amend any requirement for a railroad to provide a State Emergency Response Commission, for each State in which it operates trains transporting 1,000,000 gallons or more of Bakken crude oil, notification regarding the expected movement of such trains through the counties in the State.