FRA Certification Helpline: (216) 694-0240

(The following appeared on the Progressive Railroading website on August 4, 2009.)

A bill that would require the Surface Transportation Board (STB) to consider the effects of a rail expansion or merger on local communities is back in Congress. Last week, Rep. Melissa Bean (D-Ill.) reintroduced the Taking Responsible Action for Community Safety, or TRACS Act (H.R. 3410).

Co-sponsored by 17 House members, the bill was introduced by Bean and Rep. James Oberstar (D-Minn.) last year as part of a bi-partisan coalition’s opposition to CN’s purchase of the Elgin, Joliet & Eastern Railway Co. line.

The TRACS Act would give the STB authority over any transaction involving at least one Class I and require the board to consider the safety and environmental effects of a proposed transaction, including effects on public, grade crossing and hazardous materials transportation safety; emergency response time; noise; and intercity passenger and commuter-rail transportation.

If the adverse effects on local communities outweigh proposed benefits to commerce and competitiveness, the STB would be required to mitigate or reject the transaction, Bean said in a prepared statement, adding that the board currently determines if a transaction is anti-competitive or raises worker safety concerns.

“This legislation would require the agency to give proper consideration to the safety, quality of life and economic hazards placed on communities when they approve or disapprove a potential acquisition, merger or expansion of rail traffic on existing tracks,” she said, “While this legislation does not affect any previously approved transactions, it would apply to any new or reconsidered decisions by the STB.”

The TRACS Act was referred to the House Committee on Transportation and Infrastructure.