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This bill would create a federal process for quickly helping local first responders after serious train accidents involving hazardous materials. If a derailment, crash, or other train incident poses a danger to public health, safety, or the environment, the Federal Railroad Administration could declare it a “hazardous train event” within three days. That declaration would unlock emergency money for local police, fire departments, and other response teams to help pay for damaged equipment, overtime, cleanup, and other response costs. The bill also would require railroads that move hazardous materials to give local emergency groups advance notice about the train’s load and timing, plus real-time location information as the train moves through their area. To help pay for this program, the bill would require certain shippers and rail carriers to pay annual fees that go into a special reimbursement fund.
- The Federal Railroad Administration would make the hazardous-train-event decision, working with FEMA and the Environmental Protection Agency.
- Once an event is declared, at least $250,000 would be sent right away to help local emergency agencies, with up to $3 million total available for each event.
- The money could be used to replace damaged or contaminated equipment, pay responders for overtime, cover response operations, and pay for other related costs.
- Railroads carrying hazardous materials would have to provide local emergency teams with advance warning and real-time location updates; shippers and carriers with large annual collections would pay fees to support the fund.
Official Summaries
Assistance for Local Heroes During Train Crises Act
This bill establishes a Hazardous Train Event Emergency Reimbursement Fund for state and local emergency response groups.
Upon a declaration by the Federal Railroad Administration (FRA) that a hazardous train event has occurred, the FRA must immediately award at least $250,000 from the emergency fund to one or more eligible groups (e.g., law enforcement agencies and fire departments). Additional amounts may be awarded, but may not exceed $3 million per hazardous train event. The FRA may declare a hazardous train event has occurred following a derailment or crash involving a train carrying hazardous materials, hazardous waste, or other materials that pose a threat to public health, safety, and the environment.
Costs associated with a response to a hazardous train event that are eligible for reimbursement include (1) replacing damaged or contaminated equipment, (2) overtime pay for firefighters or law enforcement officers, and (3) retroactively covering these types of incurred costs after the event date.
The FRA must also (1) establish annual fees for shippers and carriers of hazardous materials by rail that have total annual collections of at least $10 million, and (2) deposit the fees into the reimbursement fund.
Further, the Department of Transportation must issue regulations requiring railroads that transport hazardous materials by train to provide county and local emergency response groups with (1) advance warning of the train's load and timing, and (2) real-time location information on the train when it enters and exits the community's service area.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 853 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 853
To authorize the declaration of a hazardous train event, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2025
Mr. Deluzio (for himself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To authorize the declaration of a hazardous train event, and for other
purposes.
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 ``Assistance for Local Heroes During
Train Crises Act''.
SEC. 2. HAZARDOUS TRAIN EVENTS.
(a) In General.--Chapter 209 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 20904. Hazardous train events
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Railroad Administration.
``(2) Eligible entity.--The term `eligible entity' means a
State or local emergency response group, including a law
enforcement agency, a fire department, and an emergency
response agency, located in an area affected by a hazardous
train event.
``(3) Fund.--The term `Fund' means the Hazardous Train
Event Emergency Reimbursement Fund established under subsection
(c).
``(4) Hazardous train event.--The term `hazardous train
event' means a train incident that the Administrator has
declared to be a hazardous train event pursuant to subsection
(b).
``(b) Declaration.--
``(1) In general.--The Administrator, in consultation with
the Administrator of the Federal Emergency Management Agency
and the Administrator of the Environmental Protection Agency,
may declare that a hazardous train event has occurred not later
than 3 days after the occurrence of a train derailment, train
crash, or other incident involving a train carrying hazardous
materials, hazardous waste, or other materials that pose a
threat to public health, safety, and the environment, as
determined by the Administrator.
``(2) Effect of declaration.--Upon a declaration pursuant
to subsection (a), the Administrator shall immediately award at
least $250,000 from the Fund to 1 or more eligible entities
pursuant to subsection (d).
``(3) Additional funding award.--Not later than 5 days
after a declaration pursuant to subsection (a), the
Administrator may award additional amounts to the initially
awarded entities for further costs or other eligible entities
from the Fund, not to exceed $3,000,000 per hazardous train
event. Amounts awarded pursuant to this paragraph shall be
allocated based on additional needs, as determined by the
Administrator.
``(c) Hazardous Train Event Emergency Reimbursement Fund.--There is
established within the Treasury of the United States a fund, which--
``(1) shall be known as the `Hazardous Train Event
Emergency Reimbursement Fund'; and
``(2) shall be administered by the Administrator.
``(d) Assistance for Eligible Entities.--
``(1) In general.--The Administrator may use amounts from
the Fund to reimburse eligible entities, in accordance with
subsection (b)--
``(A) for the cost of replacing equipment that is
damaged, contaminated, or otherwise rendered unusable
as a result of the response of the eligible entity to a
hazardous train event;
``(B) for overtime pay for firefighters, law
enforcement officers, or other emergency responders who
work at the scene of a hazardous train event;
``(C) for operational costs for actions taken to
respond to a hazardous train event;
``(D) for any other purpose related to a hazardous
train event, as determined by the Administrator; and
``(E) to retroactively cover a cost described in
any of subparagraphs (A) through (D) that is incurred
after the date of a hazardous train event or within 30
days of the receipt of amounts under this subsection.
``(2) Documentation of costs.--
``(A) In general.--Not later than 120 days after
the date on which the Administrator declares a
hazardous train event for which an eligible entity
receives assistance under this subsection, the eligible
entity shall submit documentation to the Administrator
for each item for which such assistance is used through
procurement or reimbursement.
``(B) Reimbursement.--If the Administrator
determines that an eligible entity has used assistance
received under this subsection in violation of this
subsection, the eligible entity shall reimburse the
Fund for the amount of such assistance. Reimbursements
to the Fund shall be made eligible for future hazardous
train events.''.
(b) Clerical Amendment.--The analysis for chapter 209 of title 49,
United States Code, is amended by adding at the end the following:
``20904. Hazardous train events.''.
SEC. 3. ADVANCE WARNING REQUIREMENT.
The Secretary of Transportation, in consultation with the
Administrator of the Transportation Security Administration, shall
issue regulations requiring any railroad that transports hazardous
materials by train through any community in the United States to
provide county and local emergency response groups in such community,
including police departments, fire departments, and emergency response
agencies, with--
(1) advance warning of such train's load and timing; and
(2) real-time location information on such a train when it
enters and exits its service area the applicable service area.
SEC. 4. HAZARDOUS MATERIALS EMERGENCY REIMBURSEMENT FEE.
(a) In General.--Section 5108(g) of title 49, United States Code,
is amended by adding at the end the following:
``(4) Hazardous materials emergency reimbursement fee for
shippers and carriers of hazardous material.--
``(A) Schedule of fees.--The Secretary shall
prescribe a schedule of annual fees for shippers and
carriers of hazardous materials by rail that have total
annual collections of not less than $10,000,000.
``(B) Deposits into trust fund.--Fees collected
pursuant to subparagraph (A) shall be deposited into
the Hazardous Train Event Emergency Reimbursement Fund
established under section 20904.''.
(b) Deposits Into Trust Fund.--Amounts collected from shippers and
carriers pursuant to section 5108(g)(4), United States Code, as added
by subsection (a), shall be regularly deposited into the Hazardous
Train Event Emergency Reimbursement Fund established under section
20904 of title 49, United States Code, as added by section 2.
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