HB5553 94TH GENERAL ASSEMBLY

LRB094 17900 DRH 53203 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5553

Introduced 01/27/06, by Rep. Jay C. Hoffman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Community Rail Security Act of 2006. Provides that, not later than 180 days after the after the effective date of the Act, every operator of rail facilities in the State shall provide to local and State law enforcement and emergency officials a risk assessment of all rail facilities in the State. Establishes requirements for the risk assessment. Provides that, not later than 360 days after the effective date of the Act, all rail operators shall have in place a program to protect rail infrastructure in the State from acts of sabotage, terrorism, or other crimes. Sets standards for the infrastructure protection program, for a program to protect community facilities, and for communication between rail operators and State and local law enforcement and emergency officials. Provides that the Department of Transportation has authority to fine any rail operator or any other person covered by the Act up to $50,000 per day certain violations. Prohibits punitive action against any employee reporting a violation of the Act, including employees of contractors, subcontractors, and others performing work on rail facilities. Provides for severability of the provisions of the Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Local Community Rail Security Act of 2006.

Section 5. Risk assessment.

(a) Not later than 180 days after the effective date of this Act, every operator of rail facilities in the state shall provide to local and State law enforcement personnel, emergency personnel, transportation officials, and other first responders a risk assessment of all rail facilities in the State. The risk assessment shall describe:

(1) all facilities and their functions;

(2) the types of cargo that move through those facilities;

(3) any hazardous cargo that moves through those facilities, including approximate amounts of that cargo;

(4) any storage of hazardous cargo in rail facilities;

(5) the distance from rail facilities that transport or store hazardous cargo to community facilities such as schools, hospitals, nursing homes, and other sensitive community facilities;

(6) a description of the practices of the rail operator that prevent acts of sabotage, terrorism, or other crimes on rail facilities;

(7) all training programs that the rail operators requires for its employees;

(8) the emergency response procedures of the rail operator to deal with acts of sabotage, terrorism or other crimes;

(9) the procedures of the rail operator to communicate with local and State law enforcement personnel, emergency personnel, transportation officials, and other first responders in the event of acts of sabotage, terrorism, or other crimes.

Section 10. Infrastructure protection from acts of sabotage or terrorism.

(a) Not later than 360 days after the effective date of this Act, all rail operators shall have in place a program to protect rail infrastructure in the State from acts of sabotage, terrorism, or other crimes, which shall be called an infrastructure protection program.

(b) The infrastructure protection program shall provide specifically for the security of critical infrastructure. Critical infrastructure shall include all points of vulnerability of the rail system that handle hazardous cargo, such as bridges, tunnels, and signal systems. For critical infrastructure, the railroad operator shall:

(1) provide notice to State and local law enforcement personnel, emergency personnel, transportation officials, and other first responders of the location, size, function, and importance of the critical infrastructure;

(2) provide and describe methods of ensuring the protection of critical infrastructure from acts of sabotage, terrorism, or other crimes, which methods shall include, at a minimum, 24-hour surveillance, monitoring, and protection of those facilities;

(3) provide training to personnel of the railroad operator to ensure that the railroad personnel are trained and equipped to prevent acts of sabotage, terrorism, or other crimes and to respond in the event of such acts.

(c) The infrastructure protection program shall include inspection of all rail facilities, including rights of way, yards, and other facilities, that handle hazardous cargo that moves within 15 miles of community facilities, such as schools, hospitals, nursing homes, and other sensitive community facilities, on a regular basis by personnel trained to determine the condition of the rail facilities and the vulnerability of the rail facilities to acts of sabotage, terrorism, or other crimes.

(d) Each rail operator in the State shall provide to local and State law enforcement personnel, emergency personnel, transportation officials and other first responders a copy of its infrastructure protection program.

(2) The Department of Transportation shall review the infrastructure protection program and shall have the authority to order a rail operator to improve, modify, or change its program to comply with the requirements of this Act. The Department shall have the authority to fine the rail operator $50,000 per day for failure to comply with its orders or this Act.

(e) The infrastructure protection program shall be updated by the rail operator at least once every year, and the updated plan submitted to local and State law enforcement personnel, emergency personnel, transportation officials and other first responders.

Section 15. Community facilities protection.

(a) Rail operators in the State shall observe the following requirements for all facilities that handle cargo that passes within 15 miles of a community facility:

(1) secure all facilities that handle or store hazardous materials by providing adequate security personnel;

(2) store hazardous materials only in secure facilities designed for such storage, which shall not include rights of way;

(3) never leave locomotive equipment running while unattended or leave any unattended locomotive equipment unlocked;

(4) have adequate personnel qualified to operate trains available to assist, replace, or relieve train operators who need assistance;

(5) ensure that the cabs of occupied locomotives can be secured against outsiders who threaten hijack, sabotage, or terrorism;

(6) limit the use of remote control locomotives to equipment not involving hazardous materials;

(7) secure remote control devices to prevent access to those devices by unauthorized personnel, including those intent on acts of sabotage, terrorism, or other crimes;

(8) ensure that all employees connected with rail facilities that transport hazardous materials within 15 miles of a community facility receive training related to security, shipment of hazardous materials, and terrorism prevention at least once every 12 months.

(b) The Department of Transportation shall have the authority to fine any rail operator or any other person covered by this Section up to $50,000 per day for failure to comply with this Section.

Section 20. Communications. Each rail operator in the State must provide communications capability:

(1) to alert local and State law enforcement personnel, emergency personnel, transportation officials, and other first responders in the event of sabotage, terrorism, or other crimes, and railroad radio does not satisfy the requirements of this Section;

(2) to provide bridge tenders on moveable bridges the ability to alert local and State law enforcement personnel, emergency personnel, transportation officials, and other first responders in the event of sabotage, terrorism, or other crimes; and

(3) to notify rail workers of the local or national threat level for the rail industry.

Section 25. Coverage.

(a) This Act applies to rail operators, any contractors or subcontractors working on the facilities of the rail operator, and any other individual or corporation performing work on rail facilities in the State.

(b) All employees of railroad contractors or subcontractors, and any other individual or corporation performing work on rail facilities in this State, shall receive training adequate to make them as well trained as employees of a rail operator, and shall be required to undergo the same background, skills, and fitness for duty checks as employees of the rail operator.

Section 30. Prohibition on punitive action.

(a) No rail operator or any other person covered by this Act may take punitive action of any kind against an employee who reports violations of this Act.

(b) An employee subject to punitive action in violation of this Section may seek damages in the amount of not more than $1,000,000 from any employer who takes that action, in addition to other remedies, such as back pay, reinstatement, and other damages.

Section 35. Application. This Act applies to the rail operator, any contractors or subcontractors working on the facilities of the rail operator, and any other individual or corporation performing work on rail facilities in this State.

Section 40. Severability. If any provision of this Act is at any time determined to be in conflict with any law, the provision shall continue in effect only to the extent permitted by law. If any provision of this Act is or becomes invalid or unenforceable, that invalidity or unenforceability does not affect or impair any other term or provision of this Act.