New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S3727

Introduced
3/16/23  

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 bill's implementation is expected to significantly enhance the environmental safety framework concerning the rail transport of hazardous materials. By requiring well-defined response plans that are subject to regular reviews, the bill addresses concerns associated with potential hazards related to train discharges. It also establishes clear civil penalties for non-compliance, which could involve substantial fines of up to $25,000 for repeated violations. In effect, this bill could lead to improvements in the overall safety protocols associated with rail transport, requiring operators to maintain updated training and preparedness for emergency scenarios.

Summary

Senate Bill S3727 addresses the transportation of hazardous materials by rail in New Jersey, mandating that owners or operators of high hazard trains formulate and submit discharge response, cleanup, and contingency plans to the Department of Environmental Protection (DEP). This plan must be submitted within six months of the bill's enactment and renewed every five years. Amendments to the plan must also be filed with the DEP within 30 days following any changes to the train's operation or route. The bill seeks to enhance safety measures for responding to hazardous discharges, ensuring that the containment and recovery of hazardous materials occur within strict timeframes aimed at protecting environmentally sensitive areas and potable water sources.

Contention

Notably, the bill excludes Class III carriers from its provisions—those operating within limited scope and mileage—which has raised discussions about the varying levels of accountability across different rail service classes. Additionally, the emphasis on emergency response training for local emergency management units indicates a recognition of the collaborative effort required between rail operators and local jurisdictions to safeguard public health and environmental integrity. Opposition might arise from those arguing that the regulations could impose excessive burdens on smaller operators, potentially affecting their operational viability.

Companion Bills

NJ A4442

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.

Similar Bills

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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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NJ A1923

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