What is the minimum legal crew size required in Illinois to transport highly toxic, flammable, and explosive hazardous materials in freight trains over 1 mile in length (100+ cars)?
If you guessed less than two, you’re correct!
A December 2021 Seventh Circuit ruling federally preempted Illinois Senate Bill on Freight Train Crew Size (2019). The court’s basis for its ruling was the Federal Regional Rail Reorganization Act (3R) Act that created Conrail. The 3R Act was designed to reorganize struggling railroads in the Northeast and Midwest, bringing them under governmental control until they were returned to the private sector in 1987. Within the 3R Act is a section affecting 17 states, Illinois included, prohibiting the enactment of laws that require a “specified number of persons to perform any particular task, function, or operation.”
When SMART-TD addressed the Illinois General Assembly, it explained that since Conrail was returned to the private sector, the 3R Act didn’t apply and couldn’t be used for preemption. Both the General Assembly and governor agreed. However, the Seventh Circuit contended, “The preemption language of the 3R Act is too specific to ignore.”
The ruling is expected to be appealed. Regardless, Deputy Administrator Amit Bose indicates a desire to mandate a federal crew size regulation in the upcoming Federal Railroad Administration (FRA) rulemaking process.
Hazardous Material Near School
On a positive note, tenacious Rail Safety Campaign team member Nicole Saulsberry has been a lobbying force in Springfield! Nicole is working with Sen. Julie Morrison on a follow-up bill to SR0982 Hazardous Material Near School (2020).
SR0982 was adopted by the Illinois Senate with bipartisan support. However, local emergency planning committees (LEPCs) have not yet taken the initiative to partner with school districts to disseminate information about safety threats related to the storage and transport of hazardous substances to faculty, staff, and parents of students attending at-risk schools. Neither have they included school districts in the development and implementation of comprehensive emergency response plans specific to incidents involving the storage and transport of hazardous materials.
Nicole is working with Sen. Morrison to draft legislation that will mandate Illinois State Board of Education rulemaking along with LEPC protocol and compliance. We hope this bill will be introduced during the current session, but COVID-related mitigation protocols may cause delays.
La Coalition will hold its next Rail Safety Campaign planning
For more information, contact Gerri Songer or visit La-Coalition.org. meeting on Monday, Feb. 7 at 7 p.m. Please register to learn what you can do to help address this very important issue. Meetings are free and open to the public.