3.0.0 853 2023-01-11T13:27:48Z 2023-01-11T13:27:48Z Senate S 2015-03-24 114 sscm00 Commerce, Science, and Transportation Committee Senate Standing Referred to 2015-03-24T19:35:52Z 2015-03-24 sscm00 Commerce, Science, and Transportation Committee Senate Read twice and referred to the Committee on Commerce, Science, and Transportation. IntroReferral 2015-03-24 Introduced in Senate IntroReferral 10000 9 Library of Congress B001230 Sen. Baldwin, Tammy [D-WI] Tammy Baldwin D WI N F000457 Sen. Franken, Al [D-MN] Al Franken D MN 2015-05-06 False Transportation and Public Works Administrative remedies Executive agency funding and structure Public participation and lobbying Railroads Surface Transportation Board Transportation costs Transportation and Public Works 00 2015-03-24 Introduced in Senate 2015-06-25T19:11:45Z Rail Shipper Fairness Act of 2015

The Surface Transportation Board (STB) may:

  • issue emergency service orders covering rail carrier shipments moving under contract only if they are part of a regional service order; and
  • require reports, service plans, or other documents that cover shipments moving under contract if such shipments are part of a general report, service plan, or other document that generally covers the geographic area or commodity.

Rail carriers shall be liable to any person in federal district court for damages or equitable relief as a result of inadequate or deficient service in violation of federal law.

Civil monetary penalties for rail carriers increase from $5,000 to $25,000 per violation.

It is U.S. transportation policy to provide for and promote the protection of the shipping public.

Shippers may obtain rates to or from any interchange points of two or more rail carriers.

When determining whether a rail carrier proposing a rate challenged as unreasonably high has market dominance over the transportation to which the rate applies, the STB shall consider that the rail carrier could have market dominance even in circumstances in which a shipper is served by two carriers.

The circumstances involving mandatory reciprocal switching agreements are changed. The STB shall now require a Class 1 rail carrier to enter into a competitive switching agreement if a shipper or receiver (or a group of shippers or receivers) files a petition that satisfies the Board that:

  • the facilities of the shipper or receiver are served by rail only by a single, Class I rail carrier; and
  • there is or can be a working interchange between the Class I rail carrier serving the shipper or receiver in question and another rail carrier within a reasonable distance of the facilities of such shipper or receiver.

Competitive switching may not be imposed, however, if:

  • either rail carrier between which such switching is to be established demonstrates that the proposed switching is not feasible or is unsafe, or
  • the presence of reciprocal switching will unduly restrict the ability of a rail carrier to serve its own shippers.

The STB must observe specified rules when deciding stand-alone cost cases with respect to a maximum reasonable rate.

The STB shall apply a certain formula to calculate a rail carrier's cost of capital. This replaces the current requirement that the STB determine annually which rail carriers are earning adequate revenues.

The number of STB members increases from 3 to 5, with no more than 3 of them (currently no more than 2 of them) from the same party. At least 2 members must have a background in shipping or consumer advocacy.

The STB must meet regularly.

]]> Rail Shipper Fairness Act of 2015 Display Title Rail Shipper Fairness Act of 2015 Official Title as Introduced A bill to improve the efficiency and reliability of rail transportation by reforming the Surface Transportation Board, and for other purposes. Introduced in Senate IS Short Titles as Introduced Rail Shipper Fairness Act of 2015 Introduced in Senate 2015-03-24T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s853is/xml/BILLS-114s853is.xml 2015-03-24 Read twice and referred to the Committee on Commerce, Science, and Transportation. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.