2017 - 2018 LEGISLATURE
February 9, 2018 - Introduced by Representatives Billings, Considine, Anderson,
Berceau, Crowley, Doyle, Hebl, Pope, Wachs and Zepnick, cosponsored by
Senators Shilling, Wirch, Miller, Risser, L. Taylor, Carpenter, Hansen,
Ringhand and Larson. Referred to Committee on Transportation.
1An Act to create
20.155 (2) (h), 189.02 (8), 192.11, 192.45, 323.63 and 778.25 (1) 2
(a) 9. of the statutes; relating to: preparation and response required by
3railroad corporations in the event of discharge of transported materials and
4making an appropriation.
Analysis by the Legislative Reference Bureau
This bill establishes the emergency preparedness required of railroad
corporations transporting hazardous materials in the state and the response
required by railroad corporations if a discharge of hazardous materials occurs.
The bill requires each railroad corporation operating routes over which oil or
other hazardous materials are transported to submit to the Division of Emergency
Management (commonly known as Wisconsin Emergency Management or WEM) a
plan detailing the measures the corporation will take to prevent the discharge of
hazardous materials and to respond to discharges that may occur. Each railroad
corporation is required to provide training to each fire department and local
organization for emergency management along the route upon which the
corporation's trains operate. The training must include response preparedness
relating to discharge and derailments. Each railroad corporation must complete
these requirements once every three years.
The bill requires a railroad corporation operating a train that discharges
material to notify emergency responders of the chemical contents of the discharged
material within 15 minutes of the arrival of the responders to the scene of the
discharge. Within one hour, the corporation must provide a representative to advise
the local incident commander. Within three hours, the corporation must deliver
monitoring equipment and qualified personnel to assess the discharge. Within eight
hours, the corporation must deliver equipment capable of containing 10 percent of
the discharge. Within 60 hours, the corporation must deliver equipment capable of
containing 100 percent of the discharge.
The bill increases the authorized positions at the Department of Transportation
by four and requires DOT to employ rail safety inspectors who will inspect railroad
tracks, rights-of-way, yards, and physical plants and review railroad safety
requirements, security measures, and maintenance and repair records.
The bill requires the Office of the Commissioner of Railroads to reimburse fire
departments and local organizations for emergency management for certain
expenses associated with the training required under the bill. The bill requires OCR
to assess each railroad corporation a proportionate share, based on route miles
operated in this state, of OCR's expenses related to the rail inspection and training
required by the bill.
The bill requires WEM to review emergency preparedness plans submitted as
required under the bill and to work with OCR to provide emergency preparedness
training. The bill requires WEM to compile data about incidents and to report
findings to the legislature. The bill requires WEM to submit to the legislature no
later than January 15, 2019, a report on the emergency preparedness response
framework within the state relating to incidents involving hazardous materials
transported by rail. The report must include an assessment of training needs and
must establish benchmarks for assessing training needs in the future. The bill also
requires WEM to submit to the legislature no later than November 1, 2019, an
update to the initial report that evaluates the effectiveness of training conducted and
identifies funding sources and future funding needs.
The bill requires DOT to submit to the legislature no later than November 1,
2019, a report that includes information to assist in risk management associated
with rail transportation of hazardous materials, criteria for prioritizing at-grade
crossing improvements, recommendations for safety improvements, and an analysis
of rail inspection activities.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.155 (2) (h) of the statutes is created to read:
(h) Rail inspection, safety training, and response preparedness.
moneys received under s. 189.02 (8) for activities of the office of the commissioner of 4
railroads under s. 192.45 and for payments under s. 192.45 (3) (b).
189.02 (8) of the statutes is created to read:
In addition to any assessment under s. 195.60, the office shall 3
annually assess each railroad corporation operating in this state routes over which 4
oil or other hazardous substances are transported a proportionate share, based on 5
route miles operated in this state, of the actual cost of the expenses of the office under 6
s. 192.45 and the payments under s. 192.45 (3) (b). The office shall credit all moneys 7
received under this subsection to the appropriation account under s. 20.155 (2) (h).
192.11 of the statutes is created to read:
9192.11 Rail inspectors. (1)
The department shall employ rail safety 10
inspectors who shall be responsible for all of the following:
(a) Inspection of mainline track, secondary track, railroad yard tracks, and 12
(b) Inspection of railroad rights-of-way, including adjacent or intersecting 14
drainage, culverts, bridges, overhead structures, traffic crossings, and other public 15
(c) Inspection of railroad yards and physical plants.
(d) Review and enforcement of safety requirements.
(e) Review of maintenance and repair records.
(f) Review of railroad security measures.
The department shall apply to and enter into agreements with the federal 21
railroad administration to participate in the federal state rail safety participation 22
program for training and certification of rail safety inspectors.
A rail safety inspector who has been trained and certified in any of the 24
federal state rail safety participation program disciplines may perform the duties 25
relevant to that discipline.
To the extent authorized by the federal railroad administration, the 2
department, and the office, rail safety inspectors may issue citations for violations 3
of requirements under chs. 190 to 192 that are punishable by forfeiture.
192.45 of the statutes is created to read:
5192.45 Emergency prevention and response. (1)
In this section:
(a) “Discharge” means the discharge of oil or other hazardous substances.
(b) “Incident commander” means the official who has responsibility under the 8
National Incident Management System guidelines for all aspects of emergency 9
response operations at an incident scene.
(c) “Railroad corporation” means a railroad corporation operating in this state 11
routes over which oil or other hazardous substances are transported.
Each railroad corporation shall submit to the division of emergency 13
management a prevention and response plan that does all of the following:
(a) Describes the measures taken to prevent discharges from occurring.
(b) Identifies the individual with authority to implement response actions.
(c) Identifies how communication and incident command relationships will be 17
established between the individual identified in par. (b) and all of the following:
1. Railroad employees who are responding to a discharge.
2. Federal, state, and local officials.
3. Other individuals providing emergency response equipment and personnel.
(d) Describes how the railroad corporation will ensure adequate equipment and 22
personnel will be provided if there is a discharge.
(e) Contains copies of contracts, correspondence, and other documents in 24
support of the description provided in par. (d).
(f) Describes the actions that will be taken by the individuals identified in par. 2
(c) if there is a discharge.
(g) Describes the training and equipment testing that will be provided to 4
ensure that the persons identified in par. (c) are prepared to respond to a discharge.
(a) Each railroad corporation shall provide training to each fire department 6
and local organization for emergency management having jurisdiction along the 7
route upon which the railroad corporation's trains operate that addresses all of the 8
1. Methods to identify rail cars and hazardous substance contents.