[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4689 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4689

To require a plan approved by the Surface Transportation Board for the 
       long-term storage of rail cars on certain railroad tracks.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2014

  Mr. Kline introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To require a plan approved by the Surface Transportation Board for the 
       long-term storage of rail cars on certain railroad tracks.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STORAGE OF RAIL CARS.

    (a) Amendment.--Chapter 109 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 10911. Storage of rail cars
    ``(a) Requirement of Storage Plan.--
            ``(1) General rule.--A rail carrier providing 
        transportation subject to the jurisdiction of the Board under 
        this part who has stored any rail cars, including rail cars 
        that it owns or leases, on tracks described in paragraph (2) 
        for a period of 3 years or more and continues to store such 
        cars on such tracks on the date of enactment of this section 
        shall submit to the Board a plan for such storage under 
        subsection (b).
            ``(2) Covered tracks.--Tracks referred to in paragraph (1) 
        are tracks passing through an area zoned for commercial or 
        residential use that were designed or previously used for 
        through transportation of trains, and do not include rail yard 
        or storage yard tracks.
    ``(b) Plan.--
            ``(1) Contents.--A plan submitted to the Board under 
        subsection (a)(1) shall contain--
                    ``(A) an explanation of the rail carrier's reasons 
                for the storage of rail cars on the tracks specified in 
                the plan, including an explanation of why no suitable 
                alternative site for storage of the rail cars exists;
                    ``(B) a description of the tracks on which the rail 
                cars are stored or will be stored, including the 
                proximity of such tracks to a home or school;
                    ``(C) evidence that the rail carrier has worked 
                with the relevant local community to develop measures 
                described in subparagraphs (D) and (E);
                    ``(D) a description of measures to be undertaken to 
                ensure that the rail car storage will not jeopardize 
                the public safety for the duration of the period to 
                which the plan applies;
                    ``(E) a description of measures to be undertaken to 
                mitigate any impacts of the long-term storage of rail 
                cars on the community through which the tracks pass; 
                and
                    ``(F) an estimated timeline for the final 
                disposition of the rail cars to be stored on the 
                specified tracks.
            ``(2) Approval.--Not later than 6 months after receiving a 
        complete plan under this section, the Board, after public 
        notice and an opportunity for public comment, shall approve or 
        disapprove the plan. The Board shall approve the plan unless 
        the Board determines that the storage of rail cars covered by 
        the plan jeopardizes public safety, including the safety of 
        children. Any such determination shall be based on information 
        provided in the plan, by the local community, or otherwise 
        through public comment.
    ``(c) Authority.--
            ``(1) General rule.--Except as provided in paragraph (2), a 
        rail carrier providing transportation subject to the 
        jurisdiction of the Board under this part may store rail cars 
        as described in subsection (a) only in accordance with a plan 
        for such storage approved by the Board under subsection (b)(2).
            ``(2) Interim authority.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Board shall authorize the 
                temporary storage of rail cars as described in 
                subsection (a) for a period before a plan has been 
                approved under subsection (b)(2) if the Board 
                determines that a plan for such storage has been 
                submitted, or is being prepared for submittal in a 
                timely manner, for approval under subsection (b).
                    ``(B) Exception.--The Board shall not authorize 
                temporary storage under this paragraph if the Board 
                finds, on its own initiative or pursuant to information 
                provided by the local community, that such storage 
                poses a significant safety hazard, including to the 
                safety of children.
    ``(d) Enforcement.--
            ``(1) Petitions.--The Board shall establish procedures to 
        enable a local governmental entity to petition the Board to 
        enforce this section.
            ``(2) Penalties.--Each rail car with respect to which a 
        violation of this section has occurred shall be considered a 
        separate violation for purposes of section 11901(a).''.
    (b) Table of Sections.--The table of sections for such chapter is 
amended by adding at the end the following new item:

``10911. Storage of rail cars.''.
                                 <all>