,,ii #aacth ,,congress #b;d ,session ,s4 #bheh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjad,mr4 ,menendez introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to enhance rail safety and provide for the safe transport of hazardous materials1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,toxics by ,rail ,accountability and ,community ,knowledge 7,,track7 ,act of #bjad4 #b4 ,chemical exposure right-to-know 7a7 ,definitions ,in this section3 7#a7 ,long-lasting or irreversible health consequences ,the term long-lasting or irreversible health consequences means those health consequences occurring at the exposure threshold defined in the ,acute ,exposure ,guideline ,level ,,aegl-#b or ,,aegl-#c1 as established by the ,national ,advisory ,committee on ,acute ,exposure ,guideline ,levels for ,hazardous ,substances4 7#b7 ,post-accident public health assessment ,the term post-accident public health assessment means a scientific assessment of the impacts of a hazardous material release on public health made by a qualified entity4 7#c7 ,qualified entity ,the term qualified entity means a ,federal1 ,state1 or other governmental entity responsible for emergency response1 public health1 chemical safety or transportation1 or environmental protection4 7b7 ,right-,to-,know protections ,beginning #ahj days after the date of the enactment of this ,act1 railroad carriers that are found to be at fault by an administrative1 judicial1 or investigatory process for an accident or incident during calendar year #bjaj or later that led to an unintended release of hazardous materials shall periodically review any post-accident public health assessments regarding the extent to which individuals exposed to the hazardous material that was released could experience long-lasting or irreversible health consequences1 and-- 7#a7 inform in a timely manner individuals exposed to the hazardous material of any health information1 including information regarding long-lasting or irreversible health consequences1 included in such reports2 and 7#b7 offer to renegotiate any legal settlements made to individuals impacted by a hazardous material release for which additional information about the potential for long-lasting or irreversible health consequences has been later disclosed in a post-accident public health assessment4 7c7 ,enforcement ,any railroad carrier violating subsection 7b77#b7 or a regulation prescribed pursuant to such subsection shall be liable to the ,federal ,government for a civil penalty for each violation or for each day the violation continues1 as follows3 7#a7 ,for a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,i carriers as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 the penalty shall be not less than #ajj1jjj and not more than #a1jjj1jjj4 7#b7 ,for a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,,ii carriers as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 the penalty shall be not less than #be1jjj and not more than #bej1jjj4 7#c7 ,for a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,,iii carriers as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 the penalty shall be not less than #aj1jjj and not more than #ajj1jjj4 #c4 ,commodity flow transparency ,not later than two years after the date of the enactment of this ,act1 the ,secretary of ,transportation shall prescribe regulations requiring a railroad carrier transporting a hazardous material to provide first responders1 emergency response officials1 and law enforcement personnel in the communities through which the hazardous material is transported with accurate and current commodity flow data and assist with development of emergency operations and response plans designed to protect public health and community safety in the event of a railroad accident or incident involving the hazardous material4 ,in prescribing these regulations1 the ,secretary may consider which hazardous materials or classes of hazardous materials are most relevant to be included within commodity flow information based on factors including the volume of the hazardous material transported and the threat to public health and community safety posed by each hazardous material4 #d4 ,moveable bridge inspection before train movement 7a7 ,procedure required ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,transportation shall prescribe regulations establishing a procedure for a railroad carrier to permit a train to pass a red signal aspect protecting a moveable bridge4 7b7 ,training and qualifications 7#a7 ,training program ,the procedure established pursuant to subsection 7a7 shall require a railroad carrier that operates across a moveable bridge to have in place a program to train and qualify employees of the carrier to determine whether a train can safely travel across a moveable bridge when a signal protecting the bridge is displaying a red signal aspect4 7#b7 ,required qualifications ,the railroad carrier shall ensure that only an individual qualified under the railroad carrier's training program is responsible for making a determination regarding whether it is safe for a train to travel across a moveable bridge when a signal protecting the bridge is displaying a red signal aspect4 7c7 ,enforcement ,any railroad carrier violating this section or a regulation prescribed in this section shall be liable to the ,federal ,government for a civil penalty for each violation or for each day the violation continues1 as follows3 7#a7 ,for a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,i carriers as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 the penalty shall be not less than #ajj1jjj and not more than #a1jjj1jjj4 7#b7 ,for a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,,ii carriers as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 the penalty shall be not less than #be1jjj and not more than #bej1jjj4 7#c7 ,for a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,,iii carriers as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 the penalty shall be not less than #aj1jjj and not more than #ajj1jjj4 #e4 ,route risk assessment 7a7 ,route risk assessment tools ,the ,secretary of ,transportation1 in collaboration with the ,secretary of ,homeland ,security and the ,american ,short ,line and ,regional ,railroad ,association1 shall develop a route risk assessment tool for the use of short line and regional railroad carriers that-- 7#a7 addresses any known limitations of the ,rail ,corridor ,risk ,management ,safety software tool for short line and regional railroad carriers2 and 7#b7 allows for safety and security risk assessments to be performed by short line and regional railroad carriers in instances when alternative routes are not available4 7b7 ,route risk assessment audits ,the ,secretary of ,transportation1 in collaboration with the ,secretary of ,homeland ,security and the ,american ,short ,line and ,regional ,railroad ,association1 shall implement a program to conduct audits of short line and regional railroads to ensure that proper route risk assessments that identify safety and security vulnerabilities are being performed and are incorporated into a safety management system program4 #f4 ,railroad safety risk reduction program amendments 7a7 ,safety management systems ,section #bjaef7;d77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 the use of safety management systems and their associated key principles1 including top-down ownership and policies1 analysis of operational incidents and accidents1 and continuous evaluation and improvement programs4 4 7b7 ,sense of congress ,it is the sense of ,congress that1 under the ,railroad ,safety ,risk ,reduction ,program under section #bjaef of title #di1 ,united ,states ,code1 the ,secretary of ,transportation should include within the definition of a railroad carrier that has an inadequate safety performance any railroad carrier that is at fault for an incident1 accident1 or emergency involving hazardous materials that has led to a fatality or personal injury1 an evacuation1 or environmental damage within the last five years4 #g4 ,first responder right-to-know 7a7 ,real-,time emergency response notification ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,transportation shall prescribe regulations-- 7#a7 requiring a railroad carrier transporting a hazardous material to have the capability to generate1 maintain1 retrieve1 and promptly deliver accurate and real-time consists that include the identity and location of the hazardous material on the train2 7#b7 requiring a railroad carrier transporting a hazardous material to provide such information promptly to first responders1 emergency response officials1 and law enforcement personnel in the event of an incident1 accident1 or emergency1 or as required by these entities to protect public health and community safety2 and 7#c7 prohibiting a railroad carrier1 employee1 or agent from withholding1 or a railroad carrier from instructing its employees or agents to withhold1 a train consist or a real-time train consist from first responders1 emergency response officials1 and law enforcement personnel in the event of an incident1 accident1 or emergency involving the transportation of hazardous materials by railroad that threatens public health or safety4 7b7 ,emergency response standardization ,the ,secretary of ,transportation1 in consultation with railroad carriers1 shall ensure that emergency response information carried by train crews transporting hazardous materials is consistent with and is at least as protective as the emergency response guidance provided in the ,emergency ,response ,guidebook issued by the ,department of ,transportation4 7c7 ,enforcement ,any railroad carrier violating subsection 7a77#c7 or a regulation prescribed under subsection 7a77#c7 shall be liable to the ,federal ,government for a civil penalty for each violation or each day the violation continues1 as follows3 7#a7 ,for a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,i carriers as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 the penalty shall be not less than #ajj1jjj and not more than #a1jjj1jjj4 7#b7 ,for a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,,ii carriers as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 the penalty shall be not less than #be1jjj and not more than #bej1jjj4 7#c7 ,for a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,,iii carriers as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 the penalty shall be not less than #aj1jjj and not more than #ajj1jjj4 #h4 ,public education ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,transportation shall prescribe regulations requiring railroad carriers transporting hazardous materials to develop1 implement1 and periodically evaluate a public education program for the communities along railroad hazardous materials routes4 ,the public education program may include the following elements3 7#a7 ,procedures for reporting the release of a hazardous material4 7#b7 ,physical indications of a release of a hazardous material1 including a focus on hazardous materials that are most commonly transported in or near a given community4 7#c7 ,methods of communication that will be used to alert the community in the event of a railroad incident1 accident1 or emergency involving a hazardous material4 7#d7 ,steps that should be taken by community residents to ensure public health and safety in the event of a hazardous material release4 7#e7 ,discussion of possible public health and safety concerns associated with an unintended release of a hazardous material1 including a focus on hazardous materials that are most commonly transported in or near a given community4 #i4 ,inflation adjustments ,the ,secretary of ,transportation shall issue a statement of agency policy adjusting the penalty schedules for violations outlined in this ,act as necessary to account for inflation1 each time the ,secretary is required by law to review the minimum and maximum civil monetary penalty for inflation under the ,federal ,civil ,penalties ,inflation ,adjustment ,act of #aiij 7,public ,law #aja-daj2 #bh ,u4,s4,c4 #bdfa note74 ,the ,secretary may subject the statement of agency policy to notice and comment1 as the ,secretary considers appropriate4