Full Text of SB1738 95th General Assembly
SB1738sam001 95TH GENERAL ASSEMBLY
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Sen. Antonio Munoz
Filed: 3/7/2007
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| AMENDMENT TO SENATE BILL 1738
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| AMENDMENT NO. ______. Amend Senate Bill 1738 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Local | 5 |
| Community Rail Security Act of 2007. | 6 |
| Section 5. Findings and Purposes.
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| (a) The General Assembly finds: | 8 |
| (1) The safety and security of community facilities | 9 |
| will be enhanced if rail operators in the State provide | 10 |
| first responders with adequate information about | 11 |
| facilities and safety plans. | 12 |
| (2) The threat of sabotage, terrorism, and other crimes | 13 |
| to rail facilities which transport hazardous materials is | 14 |
| real and has been documented by countless studies at all | 15 |
| levels of government. | 16 |
| (3) Our State's first responders lack adequate |
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| knowledge of the facilities of rail operators in the State | 2 |
| and emergency plans for those facilities, if those plans | 3 |
| exist, that would allow our first responders to react | 4 |
| quickly and effectively to an emergency. | 5 |
| (4) Studies at all levels of government have | 6 |
| demonstrated that the employees of rail operators in the | 7 |
| State, and others who work on the facilities of those rail | 8 |
| operators, are untrained to prevent acts of sabotage or | 9 |
| terrorism or other crimes, are required to engage in | 10 |
| practices which heighten the risk of those acts or other | 11 |
| crimes, and lack the equipment to respond to those acts if | 12 |
| they should occur. | 13 |
| (b) It is the purpose of this Act: | 14 |
| (1) To protect those who use community facilities from | 15 |
| acts of sabotage or terrorism or other crimes directed at | 16 |
| rail facilities in the State. | 17 |
| (2) To provide first responders with information about | 18 |
| the facilities of rail
operators in the State, and the | 19 |
| procedures of rail operators in the event of
sabotage, | 20 |
| terrorism, or other crimes to those facilities. | 21 |
| (3) To ensure that rail employees have the proper | 22 |
| training, communications equipment, and procedures to | 23 |
| prevent acts of sabotage or terrorism or other crimes and | 24 |
| to respond in the event of those acts or other crimes; | 25 |
| (4) To require that rail operators in the state have in | 26 |
| place plans to respond to acts of sabotage or terrorism or |
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| other crimes, that rail operators communicate those plans | 2 |
| to first responders, and that rail operators observe | 3 |
| practices that will minimize the risk to community | 4 |
| facilities. | 5 |
| Section 10. Risk assessment. | 6 |
| (a) Not later than 180 days after the effective date of | 7 |
| this Act, every operator of rail facilities in the State shall | 8 |
| provide to local and State law enforcement personnel, emergency | 9 |
| personnel, transportation officials, and other first | 10 |
| responders a risk assessment of all rail facilities in the | 11 |
| State. The risk assessment shall describe: | 12 |
| (1) all facilities and their functions;
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| (2) the types of cargo that move through those | 14 |
| facilities; | 15 |
| (3) any hazardous cargo that moves through those | 16 |
| facilities, including approximate amounts of that cargo; | 17 |
| (4) any storage of hazardous cargo in rail facilities; | 18 |
| (5) the distance from rail facilities that transport or | 19 |
| store hazardous cargo to community facilities such as | 20 |
| schools, hospitals, nursing homes, and other sensitive | 21 |
| community facilities;
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| (6) a description of the practices of the rail operator | 23 |
| that prevent acts of sabotage or terrorism or other crimes | 24 |
| on rail facilities; | 25 |
| (7) all training programs that the rail operator |
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| requires for its employees; | 2 |
| (8) the emergency response procedures of the rail | 3 |
| operator to deal with acts of sabotage or terrorism or | 4 |
| other crimes; | 5 |
| (9) the procedures of the rail operator to communicate | 6 |
| with local and State law enforcement personnel, emergency | 7 |
| personnel, transportation officials, and other first | 8 |
| responders in the event of acts of sabotage or terrorism or | 9 |
| other crimes.
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| Section 15. Infrastructure protection from acts of | 11 |
| sabotage or terrorism. | 12 |
| (a) Not later than 360 days after the effective date of | 13 |
| this Act, all rail operators shall have in place a program to | 14 |
| protect rail infrastructure in the State from acts of sabotage | 15 |
| or terrorism or other crimes, which shall be called an | 16 |
| infrastructure protection program. | 17 |
| (b) The infrastructure protection program shall provide | 18 |
| specifically for the security of critical infrastructure. | 19 |
| Critical infrastructure shall include all points of | 20 |
| vulnerability of the rail system that handle hazardous cargo, | 21 |
| such as bridges, tunnels, and signal systems. For critical | 22 |
| infrastructure, the railroad operator shall: | 23 |
| (1) provide notice to State and local law enforcement | 24 |
| personnel, emergency personnel, transportation officials, | 25 |
| and other first responders of the location, size, function, |
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| and importance of the critical infrastructure; | 2 |
| (2) provide and describe methods of ensuring the | 3 |
| protection of critical infrastructure from acts of | 4 |
| sabotage, terrorism, or other crimes, which methods shall | 5 |
| include, at a minimum, 24-hour surveillance, monitoring, | 6 |
| and protection of those facilities; | 7 |
| (3) provide training to personnel of the railroad | 8 |
| operator to ensure that the railroad personnel are trained | 9 |
| and equipped to prevent acts of sabotage or terrorism or | 10 |
| other crimes and to respond in the event of such acts or | 11 |
| other crimes. | 12 |
| (c) The infrastructure protection program shall include | 13 |
| inspection of all rail facilities, including rights of way, | 14 |
| yards, and other facilities, that handle hazardous cargo that | 15 |
| moves within 15 miles of community facilities, such as schools, | 16 |
| hospitals, nursing homes, and other sensitive community | 17 |
| facilities, on a regular basis by personnel trained to | 18 |
| determine the condition of the rail facilities and the | 19 |
| vulnerability of the rail facilities to acts of sabotage or | 20 |
| terrorism or other crimes. | 21 |
| (d) (1) Each rail operator in the State shall provide | 22 |
| to local and State law enforcement personnel, emergency | 23 |
| personnel, transportation officials, and other first | 24 |
| responders a copy of its infrastructure protection | 25 |
| program. | 26 |
| (2) The Department of Transportation shall review the |
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| infrastructure protection program and shall have the | 2 |
| authority to order a rail operator to improve, modify, or | 3 |
| change its program to comply with the requirements of this | 4 |
| Act. The Department shall have the authority to fine the | 5 |
| rail operator $50,000 per day for failure to comply with | 6 |
| its orders or this Act. | 7 |
| (e) The infrastructure protection program shall be updated | 8 |
| by the rail operator at least once every year, and the updated | 9 |
| plan shall be submitted to local and State law enforcement | 10 |
| personnel, emergency personnel, transportation officials, and | 11 |
| other first responders.
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| Section 20. Community facilities protection.
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| (a) Rail operators in the State shall observe the following | 14 |
| requirements for all facilities that handle cargo that passes | 15 |
| within 15 miles of a community facility: | 16 |
| (1) secure all facilities that handle or store | 17 |
| hazardous materials by providing adequate security | 18 |
| personnel; | 19 |
| (2) store hazardous materials only in secure | 20 |
| facilities designed for such storage, which shall not | 21 |
| include rights of way; | 22 |
| (3) never leave locomotive equipment running while | 23 |
| unattended or leave any unattended locomotive equipment | 24 |
| unlocked; | 25 |
| (4) have adequate personnel qualified to operate |
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| trains available to assist, replace, or relieve train | 2 |
| operators who need assistance; | 3 |
| (5) ensure that the cabs of occupied locomotives can be | 4 |
| secured against outsiders who threaten hijack, sabotage, | 5 |
| or terrorism; | 6 |
| (6) ensure that all employees connected with rail | 7 |
| facilities that transport hazardous materials within 15 | 8 |
| miles of a community facility receive training related to | 9 |
| security, shipment of hazardous materials, and terrorism | 10 |
| prevention at least once every 12 months.
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| (b) The Department of Transportation shall have the | 12 |
| authority to fine any rail operator or any contractor covered | 13 |
| by this Section up to $50,000 per day for failure to comply | 14 |
| with this Section.
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| Section 25. Communications. Each rail operator in the State | 16 |
| must provide communications capability: | 17 |
| (1) to alert local and State law enforcement personnel, | 18 |
| emergency personnel, transportation officials, and other | 19 |
| first responders in the event of sabotage, terrorism, or | 20 |
| other crimes, and railroad radio does not satisfy the | 21 |
| requirements of this Section; | 22 |
| (2) to provide bridge tenders on moveable bridges the | 23 |
| ability to alert local and State law enforcement personnel, | 24 |
| emergency personnel, transportation officials, and other | 25 |
| first responders in the event of sabotage, terrorism, or |
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| other crimes; and | 2 |
| (3) to notify rail workers of the local or national | 3 |
| threat level for the rail industry.
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| Section 30. Coverage.
This Act applies to rail operators, | 5 |
| any contractors or subcontractors working on the facilities of | 6 |
| the rail operator, and any other individual or corporation | 7 |
| performing work on rail facilities in the State. | 8 |
| Section 35. Prohibition on punitive action. | 9 |
| (a) No rail operator or any other person covered by this | 10 |
| Act may take punitive action of any kind against an employee | 11 |
| who reports violations of this Act. | 12 |
| (b) An employee subjected to punitive action in violation | 13 |
| of this Section may seek damages in the amount of not more than | 14 |
| $1,000,000 from any employer who takes that action, in addition | 15 |
| to other remedies, such as back pay, reinstatement, and other | 16 |
| damages. | 17 |
| Section 40. Application. This Act applies to the rail | 18 |
| operator, any contractors or subcontractors working on the | 19 |
| facilities of the rail operator, and any other individual or | 20 |
| corporation performing work on rail facilities in this State. | 21 |
| Section 97. Severability. The provisions of this Act are | 22 |
| severable under Section 1.31 of the Statute on Statutes.".
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