Cities pressing Congress for rail safety

The National League of Cities is turning up the heat on Congress to move forward with legislation that would beef up safety regulations on the nation's freight trains, citing the serious economic consequences rail disasters can have for localities.

Officials from over 150 cities across the country addressed a letter to Congress Tuesday urging the passing of the Railway Safety Act of 2023. A hearing on the legislation is being held by the Senate Committee on Commerce, Science, and Transportation Wednesday.  Top of mind for city officials was the East Palestine, Ohio train derailment in February, where a crashed freight train carrying hazardous materials created a local crisis.

"The burning toxic train derailment in East Palestine, Ohio, was jarring for small local governments to see," NLC wrote. "We know that a single train derailment can ruin the economic potential of the small communities we represent and serve. Without Congress passing rail safety legislation, there is little local governments or even the Federal Railroad Administration can do to improve the train derailment record in the U.S."

Freight rail issues that fall through the cracks often cause huge problems down the tracks.

"Rail safety has been on cities' priority list for quite some time because it's an interstate commerce area where cities and towns have very few options if their railroad isn't willing to work with them," said Brittney Kohler, legislative director, transportation and infrastructure services, NLC. "So many communities have been frustrated for years at inaction by Congress, even in the IIJA on these issues."

Today's letter follows up a on similar message sent by the NLC on March 2.  On the same day the Biden Administration openly supported the bipartisan legislation, tying it directly to the event that triggered it. Per the White House, "This legislation strengthens safety requirements for all trains carrying hazardous materials, and phases in newer, safer tank cars over the next two years, not over the next decade. It will increase safety by requiring hotbox detectors every 10 miles to prevent derailments like the one that we saw in East Palestine."  

The bill faces stiff opposition from Senate Republicans including Sen. John Thune, R-S.D.

"We'll take a look at what's being proposed, but an immediate quick response heavy on regulation needs to be thoughtful and targeted," he said in an interview with The Hill. "Let's define the problem. Let's figure out what the solutions are and if there are things we need to fix, we'll fix them."

Beyond the beefed up temperature sensors, the fixes in the proposed legislation include assigning proceeds from fines to the affected community first, boosting support for Federal Rail Grade Crossing Elimination program, expanding the list of hazardous materials reported to state and local first responders, and forcing the Federal Railroad Administration to provide more data about hazardous materials that's routinely moving across the country on fewer and longer trains.  

The bill's detractors have expressed concerns that interpreting and enforcing the new regulations would fall to the U.S. Dept. of Transportation Sec. Pete Buttigieg, a common foil for the Republicans opposing new regulations. The agency is already busy awarding carrots to the passenger rail industry in the form of infrastructure funds. The freight rail problem would require a stick.

The Association of American Railroads points out that DOT projections reveal that total freight demand will grow 30% by 2040. AAR also says that the freight business pays or its own infrastructure improvements by spending about $780 billion per year from 1980 to 2022 on capital expenditures and maintenance.