BILL NUMBER: S5713
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the railroad law, in relation to requiring railroad
corporations to inform the division of homeland security and emergency
services, department of environmental conservation, and department of
transportation about freight rail trains transporting hazardous materi-
als prior to traveling on tracks within the state
 
PURPOSE:
Requires railroad corporations to inform the Department of Environmental
Conservation and the Department of Transportation about freight rail
trains transporting hazardous materials prior to traveling on tracks
within the state
 
SUMMARY OF PROVISIONS:
Section 1. Amends the railroad law by adding a new section 109 to
require every railroad corporation which operates any freight train
within the state to inform the Department of Environmental Conservation
and the Department of Transportation about freight rail trains trans-
porting hazardous materials prior to traveling on tracks within the
state. Establishes that such information must include the same informa-
tion required to be provided to local municipalities pursuant to the
federal FAST Act.
Establishes that the information provided shall be confidential and
shall not be subject to disclosure under article six of the public offi-
cers law or any other provision of law. Empower the commissioner to
promulgate all rules and regulations necessary for the implementation of
this section.
Section 2. Effective date.
 
JUSTIFICATION:
The East Palestine train derailment released hazardous materials,
including vinyl chloride, a toxic flammable gas, into the air, surface
soil, and surface waters. According to the Ohio Department of Natural
Resources, the spill affected about seven and a half miles of stream and
killed an estimated 3,500 fish. This incident has raised concerns about
the health and safety of East Palestine residents, as many have contin-
ued to report an array of lingering symptoms, including headaches and
rashes.
Hazardous material leakage poses a significant threat to our environment
and the safety and well-being of the state's people. This legislation
requires every railroad corporation operating any freight train within
the state to inform the Department of Environmental Conservation (DEC)
and the Department of Transportation (DOT) about freight rail trains
transporting hazardous materials before traveling on tracks within the
state. This critical information will ensure that the DOT and DEC can
act swiftly in the event of a leakage of hazardous materials within the
state.
It is of paramount importance that the State take the precautionary
measures necessary to protect both our environment and the public. The
enactment of this legislation will serve as an additional safeguard for
the people of the State by facilitating a timely and efficient response
by first responders in the event of any leakage of harmful chemicals.
 
LEGISLATIVE HISTORY: Senate
2023: S6924, Passed Senate
2024: S6924, Passed Senate
Assembly
2023: N/A
2024: A10675, Referred to Transportation
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Effective immediately, the addition, amendment, and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.