[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 443 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 443

  To prohibit the long-term storage of rail cars on certain railroad 
 tracks unless the Surface Transportation Board has approved the rail 
                    carrier's rail car storage plan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2015

 Ms. Klobuchar introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To prohibit the long-term storage of rail cars on certain railroad 
 tracks unless the Surface Transportation Board has approved the rail 
                    carrier's rail car storage plan.

    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:
``Sec. 10911. Storage of rail cars
    ``(a) Storage Plan Requirement.--
            ``(1) In general.--A rail carrier providing transportation 
        subject to the jurisdiction of the Board under this part shall 
        submit a storage plan to the Board in accordance with 
        subsection (b) if the rail carrier--
                    ``(A) has stored any rail cars, including rail cars 
                that the rail carrier owns or leases, on tracks 
                described in paragraph (2) for a period of 3 years or 
                more; and
                    ``(B) continues to store such cars on such tracks 
                on the date of the enactment of this section.
            ``(2) Covered tracks.--Tracks referred to in paragraph 
        (1)(A)--
                    ``(A) pass through an area zoned for commercial or 
                residential use;
                    ``(B) were designed or previously used for through 
                transportation of trains; and
                    ``(C) do not include rail yard or storage yard 
                tracks.
    ``(b) Plan.--
            ``(1) Contents.--A storage plan submitted to the Board 
        under subsection (a)(1) shall contain--
                    ``(A) an explanation of the rail carrier's reasons 
                for storing rail cars on the tracks specified in the 
                plan, including an explanation of why a suitable 
                alternative storage site does not exist;
                    ``(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 subparagraph (D);
                    ``(D) a description of measures to be undertaken--
                            ``(i) to ensure that the rail car storage 
                        will not jeopardize the public safety for the 
                        duration of the period to which the plan 
                        applies; and
                            ``(ii) to mitigate any impacts of the long-
                        term storage of rail cars on the community 
                        through which the tracks pass; and
                    ``(E) an estimated timeline for the final 
                disposition of the rail cars to be stored on the 
                specified tracks.
            ``(2) Approval.--
                    ``(A) In general.--Not later than 6 months after 
                receiving a storage plan under this section, the Board, 
                after public notice and an opportunity for public 
                comment, shall--
                            ``(i) approve the plan; or
                            ``(ii) disapprove the plan if the Board 
                        determines that the storage of rail cars 
                        covered by the plan jeopardizes public safety, 
                        including the safety of children.
                    ``(B) Basis.--Any determination under subparagraph 
                (A) shall be based on information provided in the 
                storage plan, by the local community, or 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 
        storage plan 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) before a storage 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 may not authorize 
                temporary storage under this paragraph if the Board 
                determines, 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 the provisions of this section.
            ``(2) Penalties.--Each rail car stored in violation of this 
        section shall constitute a separate violation for purposes of 
        section 11901(a).''.
    (b) Table of Sections.--The table of sections for chapter 109 of 
title 49, United States Code, is amended by adding at the end the 
following:

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