APPROVED CHAPTER
APRIL 12, 2024 618
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1245 - L.D. 1937
An Act Regarding the Transportation of Hazardous Materials by Railroad
Companies
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, records provided by railroad companies describing hazardous materials
transported in the State, the routes of hazardous materials shipments and the frequency of
hazardous materials operations on those routes that are in the possession of a state or local
emergency management entity or law enforcement agency, fire department or other first
responder are not subject to public disclosure; and
Whereas, this legislation makes those records subject to public disclosure when those
records are related to a train carrying hazardous materials that has derailed at any point
from a main line train track; and
Whereas, this legislation needs to take effect before the expiration of the 90-day
period because the potential for discharge of hazardous materials transported by a railroad
company poses a threat to public health, safety and welfare; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 1 MRSA §402, sub-§3, ¶U, as amended by PL 2019, c. 667, Pt. B, §4, is
further amended to read:
U. Records provided by a railroad company pursuant to Title 23, section 7311,
subsection 5 and records describing hazardous materials transported by the railroad
company in this State, the routes of hazardous materials shipments and the frequency
of hazardous materials operations on those routes that are in the possession of a state
or local emergency management entity or law enforcement agency, fire department or
other first responder, except that records related to a train carrying hazardous materials
that has derailed at any point from a main line train track or related to a discharge of
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 hazardous materials transported by a railroad company that poses a threat to public
health, safety and welfare are subject to public disclosure after that discharge. For the
purposes of this paragraph, "hazardous material" has the same meaning as set forth in
49 Code of Federal Regulations, Section 105.5; and
Sec. 2. 23 MRSA §5003, as enacted by PL 1987, c. 141, Pt. A, §4, is amended to
read:
§5003. Collection of judgment against foreign railroad company lessee
When any foreign railroad company, which that is or has been doing business in this
State as the lessee of any railroad, refuses or neglects for 60 days after demand to pay and
discharge any judgment recovered by any person against the railroad company owning that
leased road for damages to the property of the person by the doings, misdoings or neglects
of the foreign railroad company, its agents or servants, which and that judgment belongs to
the foreign railroad company to pay and discharge, the Superior Court, on complaint, may
compel payment thereof of the judgment by the foreign corporation railroad company and
make, pass and enforce all necessary orders, decrees and processes for the purpose.
Nothing in this section allows for nonparticipation by foreign railroad company lessees.
Sec. 3. 23 MRSA §7015 is enacted to read:
§7015. Prevention and response plans and environmental impact analysis
Within 180 days of the effective date of this section, a railroad company shall submit
to the Commissioner of Environmental Protection a prevention and response plan including
the environmental impact analysis submitted to the United States Department of
Transportation, Pipeline and Hazardous Materials Safety Administration. The railroad
company shall also provide any updates submitted to the Pipeline and Hazardous Materials
Safety Administration to the Commissioner of Environmental Protection.
Sec. 4. 23 MRSA §7311, sub-§2-A is enacted to read:
2-A. State, county, municipal notice. In the event of a main line train derailment
involving hazardous materials, a railroad company shall make a 9-1-1 call, as defined in
Title 25, section 2921, subsection 17, to alert first responders, including municipal and
county fire chiefs in the jurisdiction, and provide timely notice to the Department of Public
Safety, the Department of Environmental Protection and the Maine Emergency
Management Agency. The Maine Emergency Management Agency may notify the
Department of Transportation and the municipal and county fire chiefs located within the
affected area of the accident.
Sec. 5. 23 MRSA §7311, sub-§2-B is enacted to read:
2-B. Public notice. In the event of a main line train derailment involving hazardous
materials, the Maine Emergency Management Agency shall, if requested by a municipal or
county fire chief serving as incident commander, issue an alert through an emergency alert
system or wireless emergency alert system for the area identified by the incident
commander.
Sec. 6. 23 MRSA §7311, sub-§2-C is enacted to read:
2-C. Failure to issue notice. If a railroad company fails to provide timely notice as
required under subsection 2-A, the Commissioner of Transportation may assess a fine up
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to $25,000 per failed notice per day in the event of a main line train derailment involving
hazardous materials.
Sec. 7. 23 MRSA §7311, sub-§5 is enacted to read:
5. Routine inspections. Upon request of the Commissioner of Transportation, a
railroad company shall submit reports of inspections conducted pursuant to federal agency
requirements under 49 Code of Federal Regulations, Subtitle B, Chapter II by a railroad
company of trains, rails, rail safety equipment and rail corridors. Records under this
subsection are not public records pursuant to Title 1, section 402, subsection 3, paragraph
U.
Sec. 8. 23 MRSA §7313 is enacted to read:
§7313. Mandatory training offered by railroad companies to fire and emergency
medical services
1. Training. A railroad company shall offer training to each fire department, each
local organization for emergency management and each organization that has a mutual aid
agreement with each fire department and each local organization for emergency
management along routes over which the railroad company transports oil or other
hazardous materials. Additional training must be offered to each fire department and each
local organization for emergency management at least once every 3 years after the initial
training provided for under this subsection.
2. Hazardous materials; techniques to assess hazards. The training under
subsection 1 must address the general hazards of oil and hazardous materials that travel
through the jurisdiction or mutual aid agreement jurisdiction of each fire department and
local organization for emergency management; techniques to assess hazards to the
environment and to the safety of first responders and the public; factors that an incident
commander must consider in determining whether to attempt to suppress a fire or to
evacuate the public and first responders from an area; and other strategies for initial
response by first responders.
3. Suggested protocols. The training under subsection 1 must include suggested
protocols or practices for first responders to safely respond to a derailment; methods to
identify railroad cars and hazardous material contents; first responder safety issues; railroad
response tactics; public notification and evacuation considerations; environmental
contamination response; railroad response personnel and resources coordination at an
accident; and any other protocols and practices for safe initial local response, including the
notification requirements and the responsibilities of an incident commander during any rail
accident involving oil or other hazardous materials.
Sec. 9. 23 MRSA §7314 is enacted to read:
§7314. Post-accident reporting requirements
1. Post-accident review. After an accident involving hazardous materials subject to
review by the applicable federal agency or when an accident is not reviewed by the
applicable federal agency but review is considered necessary by the Commissioner of
Transportation, the commissioner shall ensure that a post-accident review and analysis is
performed in a timely manner. The commissioner's review and analysis must be undertaken
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under an agreement with an entity having relevant knowledge and experience that is fully
independent of the railroad carrier's companies.
2. Evaluation requirements. The Commissioner of Transportation's review and
analysis process must include an after-action review and must evaluate, at a minimum,
processes occurring during the accident for emergency assessment, hazard operations,
population protection and accident management. The review and analysis must be designed
to minimize disruption of the federal review of the accident.
3. Report. By March 1st following any calendar year in which one or more post-
accident reviews and analyses are performed, the Commissioner of Transportation shall
submit a report to the joint standing committees of the Legislature having jurisdiction over
railroads and public records matters. The report must:
A. Provide a summary of the accidents, as long as the information provided does not
include information excluded from the definition of "public records" pursuant to Title
1, section 402, subsection 3, paragraph U;
B. Identify findings, conclusions and process changes;
C. Include any costs associated with accidents; and
D. Make recommendations for changes to laws and rules, if any.
Sec. 10. Appropriations and allocations. The following appropriations and
allocations are made.
TRANSPORTATION, DEPARTMENT OF
Multimodal Transportation Fund Z017
Initiative: Provides allocations for accident reviews and analyses regarding hazardous
materials performed by a qualified entity.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
All Other $0 $40,000
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $40,000
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text LD 1937, HP 1245: 1.402
Bill Text ACTPUB , Chapter 618: 1.402, 23.5003