PRIOR PRINTER'S NO. 4446 PRINTER'S NO. 4663
No. 824 Session of 2006
INTRODUCED BY GANNON, B. SMITH, PHILLIPS, CRAHALLA, DERMODY,
GEORGE, FREEMAN, WANSACZ, MUSTIO, PISTELLA, SATHER, JAMES,
SAYLOR, BEBKO-JONES, PETRONE, RAPP, SIPTROTH, FAIRCHILD,
SAINATO, CRUZ, BEYER, CAPPELLI, CLYMER, HESS, MAJOR,
READSHAW, VEON, TIGUE, SOLOBAY, COHEN, CALTAGIRONE, LEDERER,
LEACH, GOODMAN, ADOLPH, YUDICHAK, SONNEY, HERSHEY, BOYD,
PALLONE, MUNDY, FRANKEL, E. Z. TAYLOR, HARHAI AND GINGRICH,
JUNE 30, 2006
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 2006
A RESOLUTION
1 Directing the Legislative Budget and Finance Committee to <--
2 conduct a study of this Commonwealth's rail transportation
3 systems to assess preparedness in the event of a natural
4 disaster, terrorist attack or hazardous materials incident.
5 DIRECTING THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE TO <--
6 UNDERTAKE A REVIEW OF THE EXISTING FEDERAL AND STATE
7 STATUTORY AND REGULATORY AUTHORITY AS IT RELATES TO THE
8 OVERSIGHT OF FREIGHT AND PASSENGER RAIL TRANSPORTATION
9 SYSTEMS IN THIS COMMONWEALTH.
10 WHEREAS, The House of Representatives recognizes the need to <--
11 provide safety and security to residents of this Commonwealth in
12 the preparedness, prevention and response to natural disasters,
13 terrorist attacks or hazardous materials incidents associated
14 with our rail transportation system; and
15 WHEREAS, This Commonwealth's extensive rail transportation
16 infrastructure is essential to the flow of goods across this
17 Commonwealth and the nation, and a major natural disaster,
18 terrorist attack or hazardous materials incident within this
1 Commonwealth could have serious national repercussions; and
2 WHEREAS, Pennsylvania's government is a leader among the
3 states in investing in railroad development; and
4 WHEREAS, The Commonwealth contributes to the economic
5 vitality of railroads through Rail Freight Assistance Program
6 grants funded through the General Fund appropriation to the
7 Department of Transportation, grant assistance in the State
8 capital budget and low-interest loans through State
9 infrastructure banks; and
10 WHEREAS, The residents of this Commonwealth depend on
11 railroads to deliver goods, provide employment and stimulate the
12 economy; and
13 WHEREAS, In the case of any disasters, attacks or incidents,
14 the prepared responsiveness of the transportation industry and
15 its employees will be of the utmost importance; therefore be it
16 RESOLVED, That the House of Representatives direct the
17 Legislative Budget and Finance Committee to evaluate this
18 Commonwealth's preparedness to meet safety and security needs of
19 the public in the event of a natural disaster, terrorist attack
20 or hazardous materials incident on our railways; and be it
21 further
22 RESOLVED, That the Legislative Budget and Finance Committee
23 conduct a study of railroad infrastructure as relates to the
24 review and evaluation of the following:
25 (1) The continuing safety and security of cargo imported
26 into and through this Commonwealth on railroads, including
27 the distribution chain of freight from ports to trucking to
28 railroads and backup systems required to ensure the safe
29 operation of critical elements in the event of an incident.
30 (2) The need to improve the security of rail
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1 infrastructure and facilities, terminals, tunnels, rail
2 bridges, rail switching areas and other rail-related areas
3 posing significant risks to public safety and the movement of
4 commerce in this Commonwealth.
5 (3) Training of railroad employees in terrorism response
6 activities, including provision for protective clothing,
7 participation in exercises with county or regional task
8 forces and deployment of chemical and biological weapons
9 detection equipment.
10 (4) Passenger and cargo security protection systems,
11 including, but not limited to, procedural policies, screening
12 of passengers and cargo, communication systems and emergency
13 response planning;
14 and be it further
15 RESOLVED, That the Legislative Budget and Finance Committee
16 make a report of its findings and recommendations to the Speaker
17 of the House of Representatives and to the Transportation
18 Committee and the Veterans Affairs and Emergency Preparedness
19 Committee within one year of the adoption of this resolution,
20 with interim reports as it deems necessary.
21 WHEREAS, THE HOUSE OF REPRESENTATIVES RECOGNIZES THE NEED FOR <--
22 A SAFE AND SECURE NETWORK OF PASSENGER AND FREIGHT RAIL IN THIS
23 COMMONWEALTH AND THE NEED TO PREPARE FOR, PREVENT AND RESPOND TO
24 NATURAL DISASTERS, TERRORIST ATTACKS OR HAZARDOUS MATERIALS
25 INCIDENTS ASSOCIATED WITH OUR PASSENGER AND FREIGHT
26 TRANSPORTATION SYSTEMS; AND
27 WHEREAS, THIS COMMONWEALTH'S EXTENSIVE RAIL TRANSPORTATION
28 INFRASTRUCTURE IS ESSENTIAL TO THE FLOW OF GOODS AND PEOPLE
29 ACROSS THIS COMMONWEALTH AND THE NATION, AND INTERFERENCE WITH
30 THAT FLOW OF COMMERCE AND PEOPLE COULD HAVE SERIOUS NATIONAL
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1 REPERCUSSIONS; AND
2 WHEREAS, PENNSYLVANIA'S GOVERNMENT IS A LEADER AMONG THE
3 STATES IN INVESTING IN RAILROAD DEVELOPMENT; AND
4 WHEREAS, THE COMMONWEALTH CONTRIBUTES TO THE ECONOMIC
5 VITALITY OF PASSENGER AND FREIGHT RAILROADS THROUGH THE RAIL
6 FREIGHT ASSISTANCE PROGRAM, AND BY PROVIDING FUNDING THROUGH THE
7 GENERAL FUND APPROPRIATION TO THE DEPARTMENT OF TRANSPORTATION,
8 GRANT ASSISTANCE IN THE STATE CAPITAL BUDGET AND LOW-INTEREST
9 LOANS THROUGH STATE INFRASTRUCTURE BANKS; AND
10 WHEREAS, THE RESIDENTS OF THIS COMMONWEALTH DEPEND ON
11 RAILROADS TO DELIVER GOODS, PROVIDE EMPLOYMENT, STIMULATE THE
12 ECONOMY AND PROVIDE A MEANS OF PASSENGER TRANSPORTATION; AND
13 WHEREAS, IN THE CASE OF ANY DISASTER, ATTACK OR INCIDENT, THE
14 PREPARED RESPONSIVENESS OF THE TRANSPORTATION INDUSTRY AND ITS
15 EMPLOYEES WILL BE OF THE UTMOST IMPORTANCE; AND
16 WHEREAS, IT IS ACKNOWLEDGED THAT THE FREIGHT AND PASSENGER
17 RAIL TRANSPORTATION SYSTEMS AND THOSE INDUSTRIES UTILIZING
18 FREIGHT RAIL HAVE WORKED AND CONTINUE TO WORK WITH THE FEDERAL
19 AND STATE GOVERNMENTS TO ENHANCE EXISTING SAFETY AND SECURITY
20 MEASURES AND SYSTEMS AND CONTINUE TO IMPLEMENT NEW PROCEDURES
21 AND SYSTEMS; AND
22 WHEREAS, IT IS UNDERSTOOD THAT THE COMMONWEALTH IS FEDERALLY
23 PREEMPTED FROM TAKING ACTIONS THAT WOULD INTERFERE WITH CERTAIN
24 ACTIVITIES OF THE RAIL TRANSPORTATION SYSTEM AND IS PREEMPTED
25 FROM INTERFERING WITH THE FREE FLOW OF COMMERCE; THEREFORE BE IT
26 RESOLVED, THAT THE HOUSE OF REPRESENTATIVES DIRECT THE
27 LEGISLATIVE BUDGET AND FINANCE COMMITTEE TO UNDERTAKE A REVIEW
28 OF THE EXISTING FEDERAL AND STATE STATUTORY AND REGULATORY
29 AUTHORITY AS IT RELATES TO THE OVERSIGHT OF FREIGHT AND
30 PASSENGER RAIL TRANSPORTATION SYSTEMS IN THIS COMMONWEALTH; AND
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1 BE IT FURTHER
2 RESOLVED, THAT, DURING THE COURSE OF THE REVIEW OF RELEVANT
3 FEDERAL AND STATE STATUTES AND REGULATIONS, THE LEGISLATIVE
4 BUDGET AND FINANCE COMMITTEE CONTACT THE APPROPRIATE FEDERAL AND
5 STATE AGENCIES WHICH HAVE OVERSIGHT FOR THE SAFETY AND SECURITY
6 OF PASSENGER AND FREIGHT RAIL; AND BE IT FURTHER
7 RESOLVED, THAT THE REVIEW INCLUDE THE FOLLOWING:
8 (1) THE NEED, IF ANY, TO IMPROVE THE SECURITY OF RAIL
9 INFRASTRUCTURE AND FACILITIES, TERMINALS, TUNNELS, RAIL
10 BRIDGES, RAIL SWITCHING AREAS AND OTHER RAIL-RELATED AREAS.
11 (2) THE STATUS OF IMPLEMENTATION OF TECHNOLOGY TO REDUCE
12 THE INCIDENTS OF HUMAN ERROR IN RAIL ACCIDENTS AND
13 DERAILMENTS WHICH HAVE PROVEN TO BE THE LARGEST CAUSE OF RAIL
14 ACCIDENTS AND DERAILMENTS.
15 (3) TRAINING OF RAILROAD EMPLOYEES IN SAFETY AND
16 SECURITY MEASURES;
17 AND BE IT FURTHER
18 RESOLVED, THAT THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE
19 MAKE A REPORT OF ITS REVIEW TO THE SPEAKER OF THE HOUSE OF
20 REPRESENTATIVES AND TO THE TRANSPORTATION COMMITTEE AND THE
21 VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE WITHIN TWO
22 YEARS OF THE ADOPTION OF THIS RESOLUTION.
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