5 bills propose rail safety changes in Pennsylvania

May 12—HARRISBURG — The train derailment in Lawrence County this week spurred state lawmakers to again demand accountability from rail operator Norfolk Southern three months after the infamous toxic train crash near the state border.

Pennsylvania legislators have options. Five bills concerning rail safety were introduced in both chambers of the General Assembly following the Feb. 3 derailment in East Palestine, Ohio, that risked environmental disaster and public safety. Cleanup efforts and environmental monitoring continue.

The bills vary in intent: Require the Public Utility Commission to hire more rail safety inspectors, restrict the length of freight trains, require at least two operators on trains, create an emergency grant program for derailments, and enact comprehensive measures addressing minimum staffing, train length, hazardous materials reporting and wayside detector systems.

None have received a floor vote in either the state House or Senate. Just one advanced to a chamber floor without referral back to a committee, so far.

Wednesday's derailment occurred at a bridge crossing over the Mahoning River in New Castle, about 17 miles from East Palestine. Nine cars among a 216-car Norfolk Southern train crashed and spilled soybeans and barium sulfate powder, a relatively non-hazardous agent often used in diagnostic radiology exams. Unlike in East Palestine, no toxic materials were spilled.

The incident occurred hours after a U.S. Senate committee voted to advance the bipartisan Railway Safety Act of 2023. It's now available for consideration by the full chamber. The bill's primary sponsors include Pennsylvania's Senate contingent, Bob Casey and John Fetterman.

The legislation would require rail operators to provide advanced notice to emergency responders about hazardous shipments, mandate compliance for train length and weight, require wayside defect detectors and a minimum two-person train crew and enhance fines for violations of safety regulations.

"I'm thankful that no one was hurt and no toxic material was spilled in New Castle, but this derailment looks way too similar to the ones we've said can't happen again. This has got to end," Fetterman said Thursday as cleanup efforts were underway.

Norfolk Southern CEO Alan Shaw wrote to senators earlier this week that the railroad accrued nearly $400 million in charges related to the derailment so far and paid out $15 million directly to area residents through a special fund as well as to compensate first responders for costs from the emergency response and in purchases at local businesses.

That doesn't include anticipated costs related to long-term health care, water treatment or lost property value. The company is developing a separate fund to reimburse residents who sell their properties at a loss compared to property values established before the Feb. 3 derailment. Plans aren't final but Shaw's letter indicated the fund would apply to properties within a 5-mile radius of the derailment.

Railroads are subject to federal regulations, limiting state oversight.

Introduced by Sen. Doug Mastriano, R-Adams/Franklin, Senate Bill 508 would establish the Train Derailment Emergency Grant Program. Money would go to residents and business owners directly affected by a derailment for such costs as medical expenses, lost income, lost value of businesses and properties and relocation costs. Funds would include federal and state money, donations and damages and settlements from court cases.

State representatives from Beaver County which borders Ohio in the area of the East Palestine derailment offer House Bill 1028. Democrat Robert Matzie and Republican Jim Marshall seek, among other things, to restrict the length of trains operating on main tracks and branches to 8,500 feet, or 1.6 miles, and require at least two rail workers on each freight train.

Freight trains continue to grow in length in the U.S. to improve efficiencies in fuel consumption and cargo shipments.

According to the Association of American Railroads, 9 in 10 trains were shorter than 8,000 feet in 2018 and the median length at that time was about 5,000 feet. In 2022, the Association's industry analysis found that the 90th percentile grew to 9,800 feet, or 1.8 miles, while the median climbed to 5,400 feet.

Rail cars vary in length depending on the type. CSX Transportation, a rail company headquartered in Jacksonville, Fla., uses five types of cars that range from 50 feet to 86 feet.

Matzie and Marshall cite Pennsylvania's Public Utility Code, which they say authorizes them to make changes to the Federal Rail and Safety Act with state-specific provisions.

"In 2022, there were more than 1,000 train derailments in the United States. The East Palestine derailment won't be the last one with devastating impact. We need to act now to ensure that the next derailment does not have far more widespread and devastating consequences to our communities," the state representatives wrote in their legislative memo.

Rep. Louis Schmitt Jr., R-Blair, introduced two measures: House Bill 1126 and 1127. The first is a minimum staffing measure — two workers per train — while the second also looks to set train length at 8,500 feet maximum.

Rep. Jessica Benham, D-Allegheny, introduced House Bill 939, which proposes to require the Public Utility Commission to hire more rail safety inspectors at enhanced starting salaries of $120,000 with future increases tied to the rate of inflation.

The state currently employs seven rail safety inspectors with salaries ranging from $47,472 to $60,558, according to the searchable state employee database, PENNWATCH.