Bill > S806

Introduced Session

This bill requires the owner or operator of a high hazard train traveling on any railroad track within this State to submit to the Department of Environmental Protection within six months of the effective date of the bill, a discharge response, cleanup, and contingency plan. The bill requires the plan to be renewed every five years with the department, unless the department requires a more frequent submission, and any amendments to the plan to be filed with the department within 30 days of the date of any modification of the high hazard train, rail yards, fueling stations, or the high hazard train's route of travel. The owner or operator of a high hazard train is required to retain on file with the department evidence of financial responsibility for cleaning up and removing a discharge or release of a hazardous substance, and for the removal of any damaged or disabled high hazard train equipment or parts. A copy of the plan, or plan renewal, and all plan amendments are to be filed by the owner or operator of a high hazard train with the New Jersey Office of Emergency Management. Under the bill, the owner or operator of a high hazard train is required to make available to the public on its website, to the extent the release of information does not conflict with federal law, information concerning: the routes and volumes of cargoes updated on a monthly basis; an analysis of the consequences of maximum discharges from the high hazard trains owned or operated in the State; a copy of the most current plan; and a railroad routing analysis and any accompanying documentation that impacted the owner or operator's decision in routing the high hazard train through the State. The bill requires the owner or operator of a high hazard train to offer training to the emergency services personnel of every local unit having jurisdiction along the travel route of the high hazard train. The initial training is to be offered within one year of the effective date of this bill and renewal training offered at least once every three years thereafter. The bill requires the owner or operator of a high hazard train that has experienced a discharge that requires emergency response action to deliver and deploy sufficient emergency response, recovery, and containment equipment and trained personnel to contain and recover the discharged materials and protect the public within a certain timeframe. The provisions of the bill are not applicable to the owner or operator of a high hazard train in circumstances where the train is operating or traveling entirely within a major facility. The bill clarifies that it is not to be construed to exempt major facilities from the provisions of the "Spill Compensation and Control Act." The bill requires the department to review plans or plan renewals within six months of filing and plan amendments within 60 days of filing. If a plan, plan renewal, or plan amendment is disapproved, the owner or operator of the high hazard train is required to submit a revised plan or plan amendment within 30 days from the receipt of written notice of the disapproval. The bill permits the department to issue civil administrative penalties for violations under the bill. Under the bill, the owner of a high hazard train that experiences a discharge is subject to the penalty and injunctive relief provisions of the "Spill Compensation and Control Act." The bill requires NJ OEM to provide each county office of emergency management and emergency services provider having jurisdiction along the travel route of a high hazard train with any information that NJ OEM receives from an owner or operator of a high hazard train as a result of federal Department of Transportation emergency order, rule, or regulation or with any plan, plan renewal, or plan amendments received from an owner or operator of a high hazard train. The bill defines "high hazard train" as any railroad locomotive propelling a railroad tank car or connection of railroad tank cars transporting 200,000 gallons or more of petroleum or petroleum products or 20,000 gallons or more of hazardous substances other than petroleum or petroleum products. The bill defines "owner" or "operator" as, with respect to any high hazard train, any person owning the high hazard train, or operating it by lease, contract, or other form of agreement; provided, however, that the owner or operator shall not mean a person who operates a high hazard train only for the purposes of positioning or moving railroad tank cars within the confines of a major facility, or a person whose interest in a high hazard train solely involves the ownership or lease of one or more railroad tank cars without operational authority.

AI Summary

Committee Categories

Marlene Caride (D)*,  Timothy Eustace (D)*,  Robert Gordon (D)*,  Joe Lagana (D)*,  Pam Lampitt (D)*,  Raj Mukherji (D)*,  Elizabeth Muoio (D)*,  Valerie Vainieri Huttle (D)*,  Loretta Weinberg (D)*,  Christopher Bateman (R),  John Burzichelli (D),  Thomas Giblin (D),  Angelica Jimenez (D), 

Conditional Veto, Received in the Senate (on 07/13/2017)