New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4442

Introduced
9/15/22  

Caption

Requires owner or operator of certain trains to have discharge response, cleanup, and contingency plans to transport certain hazardous materials by rail; requires DEP to request bridge inspection reports from US DOT.

Impact

The legislation significantly strengthens the accountability of high hazard train operators in New Jersey by requiring them to maintain a financial assurance for cleanup and to offer training to local emergency services personnel. This requirement is aimed at protecting state waters and public health from the dangers posed by the transportation of hazardous materials. The bill also allows the DEP to levy civil penalties for non-compliance, increasing the financial stakes for operators failing to meet these regulations. Compliance with the Spill Compensation and Control Act is maintained, ensuring a comprehensive approach to spill management.

Summary

Assembly Bill A4442 introduces stringent regulations for the transportation of hazardous materials by high hazard trains within New Jersey. The bill mandates that the owner or operator of such trains must submit a detailed discharge response, cleanup, and contingency plan to the Department of Environmental Protection (DEP) within six months of the bill's enactment. This plan must outline emergency response measures, equipment availability, and trained personnel to handle potential hazardous material discharges and must be renewed every five years or amended as necessary. The bill aims to enhance preparedness and response capabilities in the event of environmental incidents involving hazardous substances.

Contention

Critics of A4442 may raise concerns regarding the implications of additional regulatory burdens on train operators, specifically those related to financial commitments for cleanup and extensive training requirements. Supporters of the bill argue that the safety of communities and the environment must take precedence over operational convenience. Additionally, some may question the definition of high hazard trains and whether the regulations should also extend to lower-risk operations to further strengthen safety across all transportation categories.

Companion Bills

NJ S3727

Same As Requires owner or operator of certain trains to have discharge response, cleanup, and contingency plans to transport certain hazardous materials by rail; requires DEP to request bridge inspection reports from US DOT.

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Requires owner or operator of certain trains to have discharge response, cleanup, and contingency plans to transport certain hazardous materials by rail; requires DEP to request bridge inspection reports from US DOT.

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