[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3596 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3596

To improve the quality of life and safety of persons living and working 
                         near railroad tracks.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

 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.
                                 <all>