[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2811 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2811
To improve the quality of life and safety of persons living and working
near railroad tracks.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2001
Mr. Rothman introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To improve the quality of life and safety of persons living and working
near railroad tracks.
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 ``Local Participation in Railroad
Operations Act''.
SEC. 2. LOCAL INPUT.
(a) Amendment.--Chapter 109 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 10908. Local input
``(a) Requirement.--A rail carrier providing transportation subject
to the jurisdiction of the Board under this part shall not construct,
develop, or expand railroad maintenance facilities, intermodal rail
transfer facilities, railroad sidings, railroad bridges, railroad
yards, or other railroad facilities unless the Board determines that
the rail carrier has--
``(1) provided local communities with appropriate notice of
such activities;
``(2) conducted an assessment of negative environmental
impacts and appropriate mitigation actions pursuant to any
State or local law that, regardless of whether the rail carrier
is required to comply with such law, requires such assessments
to be made in similar circumstances;
``(3) held at least one public hearing in each municipality
which is directly affected by such construction, development,
or expansion activities; and
``(4) made good faith efforts to address concerns raised in
response to such notice.
``(b) Appropriate Notice.--Not later than 6 months after the date
of the enactment of this section, the Board shall by regulation
prescribe procedures that constitute appropriate notice under various
foreseeable circumstances, including emergency circumstances.
``(c) Approval of Certain At-Grade Crossings.--A rail carrier
providing transportation subject to the jurisdiction of the Board under
this part shall not construct an at-grade crossing over a public road
without first obtaining approval from the local governmental entity
with jurisdiction over the location of the proposed grade crossing.''.
(b) Table of Sections.--The table of sections for such chapter 109
is amended by adding at the end the following new item:
``10908. Local input.''.
SEC. 3. PUBLIC MEETINGS.
(a) Requirement.--Within 6 months after the date of the enactment
of this Act, and annually thereafter, the Secretary of Transportation
shall convene 6 public meetings, including at least one in northern New
Jersey, to provide an opportunity for the participants to present their
views, respond to the views of others, and discuss issues relating to
the quality of life and safety of persons who live, work, or are for
any other reason near railroad tracks. The goal of such meetings shall
be the identification of appropriate solutions to the quality-of-life
and safety problems that are discussed. The meetings shall be held in
diverse geographic locations where the Secretary considers the need for
and benefits to be derived from such meetings to be the greatest.
(b) Participation.--The Secretary of Transportation shall make
every effort to ensure participation at such meetings by local elected
officials, appropriate representatives of the Department of
Transportation, State and local environmental protection agencies,
local public health officials, railroad management, railroad labor,
railroad shippers, and individuals representing community interests.
(c) Reports to Congress.--The Secretary of Transportation shall,
within 3 months after the completion of each round of public meetings
convened pursuant to subsection (a), transmit to the Congress a report
summarizing the results of the public meetings, and including
recommendations to Congress for measures to help improve the quality of
life and safety of persons who live, work, or are for any other reason
near railroad tracks.
SEC. 4. PROTECTING LOCAL RESIDENTS IN RAILROAD TRANSACTIONS.
Section 11324 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(g) The Board shall not approve a transaction described in
section 11323(a) unless the Board has received assurances that the rail
carriers who will be responsible for rail operations resulting from or
affected by the transaction have addressed adequately and will continue
to address adequately problems identified with respect to the quality
of life and safety of persons who live, work, or are for any other
reason near railroad tracks.''.
SEC. 5. REGULATIONS TO REDUCE NOISE POLLUTION ALONG RAILROAD LINES.
(a) Requirement.--Within 6 months after the date of the enactment
of this Act, the Administrator of the Environmental Protection Agency,
after consultation with the Secretary of Transportation, shall publish
in the Federal Register proposed regulations for reducing noise
pollution generated from railroad operations and railroad facilities.
(b) Public Health and Welfare.--Such regulations shall be
prescribed to protect the public health and welfare, including the
health and welfare of persons who live, work, or are for any other
reason near railroad tracks, taking into account the degree of noise
reduction improvements achievable through the application of the best
available technology and the cost of compliance.
(c) Audible Warnings.--In prescribing such regulations, the
Administrator shall give strong consideration to section 20153 of title
49, United States Code, and shall seek to ensure that public safety is
not compromised.
(d) Final Regulations.--Within 90 days after publication of
proposed regulations under subsection (a), the Administrator shall
promulgate final regulations. Regulations issued under this section
shall be in lieu of any Federal railroad-related noise regulations for
locomotives and rail cars. Such regulations may be revised, from time
to time, in accordance with this section.
(e) Repeal.--Upon the issuance of final regulations under
subsection (d), section 17 of the Noise Control Act of 1972 (42 U.S.C.
4916) is repealed.
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