On May 3, the House Consumer Protection, Technology & Utilities Committee, in a bipartisan 19 to 2 vote, reported out House Bill 1028 (Matzie-D-Beaver, Marshall-R-Beaver) that would set the first new state rail safety requirements in response to the Norfolk Southern train derailment in East Palestine, Ohio.

Reps. Natalie Mihalek (R-Allegheny) and Ryan Warner (R-Fayette) voted against reporting the bill out of Committee.

The legislation includes provisions to set standards, oversight, and maintenance of wayside detector systems, provide for additional oversight of railroad company safety compliance, provide for a reporting mechanism if railroad companies are deemed out of compliance with federal regulations, establish minimum safe staffing requirements, create a reporting system for the transportation of hazardous materials and waste, and restrict unsafe train length.

“This is a unique situation relative to the severity of what transpired in East Palestine, Ohio, and obviously in close proximity to Pennsylvania,” said Rep. Robert Matzie (D-Beaver), Majority Chair of the Committee.  “ We've talked about a variety of issues for a long time in this General Assembly relative to rail safety and for all the times that it has come up, at least in my tenure, [federal] preemption was always the excuse that we couldn't do anything.”

“We believe rail safety, based on a court case, does give us the purview to act,” said Rep. Matzie. “So we believe that time is of the essence. We don't need another tragedy. Thankfully there were no deaths, but we don't know the long term effects to the folks that live in close proximity, including in Pennsylvania in Chairman Marshall's district and downwind into, quite frankly, into my district and elsewhere in southwestern Pennsylvania.”

Rep. Jim Marshall (R-Beaver), Minority Chair of the Committee, said, “As the Chairman  stated, this is a starting point. These portions of these bills are not unfamiliar to us. We've had portions of these introduced over the years. This is an all-in approach and I certainly appreciate the federal government's jurisdiction on many of these issues and hope that they consider those rail safety bills they have before them. I'm asking for members to consider this and to vote in the affirmative.”

In response to continuing questions from Republican members about federal preemption of state action, Rep. Matzie read this statement--

“A state may adopt or continue to enforce a law regulation or order related to railroad safety or security until the [U.S.] Secretary of Transportation with respect to railroad safety matters, or the [U.S. Secretary of Homeland Security with respect to railroad security matters, prescribes a regulation or issues in order covering the subject matter of the state requirement.

“A state may adopt or continue enforce an additional or more stringent law, regulation, or order related to railroad safety or security when the law regulation or order is necessary to eliminate or reduce an essentially local safety or security hazard, is not incompatible with a law regulation or order of the United States government, and does not reasonably burden interstate commerce.”

Rep. Matzie added, “We believe we have every right, under federal and state law, to implement enhanced safety measures for our towns, counties, and the Commonwealth. We simply can't wait for the federal government to act.

“We've seen time and time again in response to a tragedy, the lack of communication and coordination from the rail companies in their actions.

“Further, the court case I referred to earlier, CSX versus Easterwood, 1993, said, ‘The state implemented safety laws, regulations not covered or specifically preempted by federal law were legal.

“So I'm willing to continue having conversations, but I believe we need to act and get this bill moving forward,” Rep. Matzie concluded.

The bill will now go to the full House for consideration.

Click Here to watch a video of the Committee meeting.

Visit PEMA’s Train Derailment Dashboard and DEP’s Train Derailment webpages for more information on the state’s response. 

Rep. Robert Matzie (D-Beaver) serves as Majority Chair of the House Consumer Protection, Technology & Utilities Committee and can be contacted by calling 717-787-4444 or sending email to: rmatzie@pahouse.net.  Rep. Jim Marshall (R-Beaver) serves as Minority Chair and can be contacted by calling 717-260-6432 or sending email to: jmarshal@pahousegop.com.

NewsClips This Week:

-- House Committee Moves First PA Bill Setting New Rail Safety Requirements In Response To Norfolk Southern Train Derailment  [PaEN]

-- TribLive: PA House Committee Approves Bill Tightening Railroad Regulations After Norfolk Southern Train Derailment

-- Post-Gazette/Capitolwire.com-Robert Swift: PA House Panel Approves First Rail Safety Bill After Norfolk Southern Train Derailment

-- PennLive: PA House Committee Approves Bill Tightening Railroad Regulations After Norfolk Southern Train Derailment

-- Post-Gazette: Most Train Derailments In Western PA Happen Near Major Rivers, New Study Shows

-- UnionProgress.com: Pittsburgh Fire Chief Says City Ready To Deal With A Hazardous Train Derailment

-- WESA/The Allegheny Front: EPA Says Soil At Train Derailment Site Looks ‘Really Good,’ But Some See A Disconnect With Their Health

-- WTAE: Norfolk Southern Environmental Consultant-- Center For Toxicology & Environmental Health--  Accused Of ‘Questionable Practices’

-- TribLive Guest Essay: Leadership Needed On Air, Water Quality In Norfolk Southern Train Derailment - By Environmental Medicine Education International

-- WESA: 3 Months After Norfolk Southern Train Derailment, Deep Anxiety Lingers

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-- Center For Coalfield Justice: Nearly 11 Months Since An EQT Shale Gas Well Frac-Out Left Residents Near New Freeport, Greene County Without Clean Water; DEP’s Investigation Not Complete  [PaEN]

-- Earthworks Submits Video Evidence To DEP Of More Air Pollution Violations By Gas Flares At Shell Petrochemical Plant In Beaver County  [PaEN]

-- Pittsburgh Business Times: Shell CEO Said Beaver County Petrochemical Plant Startup ‘Niggles’ Will Last Through 2023

-- Three Rivers Waterkeeper Seeking Volunteers For 3 Rivers Watch, Training Starts May 6 For Pollution Patrols; Other Upcoming Events  [PaEN]

-- Environmental Groups Circulate Petition Asking Dept. of Health, University Of Pittsburgh For Update On Studies Of Health Impacts Of Oil & Gas Industrial Facilities  [PaEN]

-- DEP Environmental Justice: State Dept. of Health, CDC Launch Environmental Public Health Tracking Program  [PaEN]

-- Physicians For Social Responsibility PA Host May 10 Webinar: Imagine A More Natural PA - How We Use Methane Gas, What It's Doing To Us   [PaEN] 

-- EDF: Federal Pipeline And Hazardous Materials Safety Administration Proposes Vital Standards to Enhance Safety, Cut Methane From Nation’s Pipeline Network  [PaEN]

-- Senate Hearing: Wholesale Electricity Prices Too Low To Support Coal, Natural Gas Power Plants In Market; Natural Gas Reliability Issues Will Continue  [PaEN]

[Posted: May 3, 2023]

5/8/2023