Bill Text: NJ A4031 | 2016-2017 | Regular Session | Amended
Bill Title: Creates New Jersey Crude Oil by Rail Safety Task Force.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Engrossed - Dead) 2017-12-18 - Senate Amendment (27-0) (Gordon) [A4031 Detail]
Download: New_Jersey-2016-A4031-Amended.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman McKeon
SYNOPSIS
Creates New Jersey Crude Oil by Rail Safety Task Force.
CURRENT VERSION OF TEXT
As reported by the Assembly Transportation and Independent Authorities Committee on October 13, 2016, with amendments.
An Act creating a task force to study the public health and safety impacts of the transport of crude oil by rail and emergency response measures and to recommend emergency response measures.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The increased production of crude oil, a highly flammable and combustible source of fuel that contains extremely volatile compounds, from the Bakken Shale formation in North Dakota has led to an increase in the volume of crude oil being transported by rail in North America and the State of New Jersey.
b. A number of train derailments in various states across the country and in Canada involving trains carrying crude oil have resulted in explosions or fires that have caused numerous deaths and extensive property damage.
c. In light of the risk to public health and safety that has been created by the transport of large quantities of crude oil by rail through the densely populated areas of this State, it is in the best interest of the residents of New Jersey for State officials and governing bodies to study and learn how to effectively and safely respond to this threat and react in a coordinated effort with experts in the field and emergency response personnel.
d. Recognizing that the State's communication with the public in the event of an emergency in any of New Jersey's densely populated areas will be essential to saving the lives of many residents, it is necessary to reexamine and address the risks and impact of the transport of crude oil by rail on public health and safety while continuing to improve upon vital emergency response measures.
2. a. There is created a task force to be known as the "New Jersey Crude Oil by Rail Safety Task Force." The taskforce shall study the risks and impact of the transport of crude oil by rail on public health and safety and make recommendations on emergency response measures for emergency services personnel in the event of a derailment of a train carrying crude oil.
b. The task force shall consist of 13 members to be appointed as follows:
(1) The Commissioner of the Transportation, who shall serve ex officio, or the commissioner's designee;
(2) The State Director of Emergency Management, who shall serve ex officio, or the director's designee;
(3) One member appointed by the Governor, with the advice and consent of the Senate, who is a law enforcement officer for a local government unit within Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, or Salem County;
(4) One member appointed by the Governor, with the advice and consent of the Senate, who is a law enforcement officer for a local government unit within Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset, or Union County;
(5) One member appointed by the Governor, with the advice and consent of the Senate, who is a law enforcement officer for a local government unit within Bergen, Essex, Hudson, Morris, Passaic, Sussex, or Warren County;
(6) One member appointed by the Governor, with the advice and consent of the Senate, who is an emergency medical service technician, firefighter, or emergency communications operator for a local government unit within Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, or Salem County;
(7) One member appointed by the Governor, with the advice and consent of the Senate, who is an emergency medical service technician, firefighter, or emergency communications operator for a local government unit within Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset, or Union County;
(8) One member appointed by the Governor, with the advice and consent of the Senate, who is an emergency medical service technician, firefighter, or emergency communications operator for a local government unit within Bergen, Essex, Hudson, Morris, Passaic, Sussex, or Warren County;
(9) One member appointed by the Senate President, with expertise in the field of freight rail transportation;
(10) One member appointed by the Speaker of the General Assembly, with expertise in the field of petroleum, petroleum products, or hazardous materials management or production;
(11) One member appointed by the Senate President, who shall represent an organization that advocates for issues concerning the environment within New Jersey;
(12) One member appointed by the Speaker of the General Assembly, who shall represent an organization that advocates for issues concerning the environment within New Jersey; and
(13) One member appointed by joint appointment of the Senate President and the Speaker of the General Assembly, who shall represent an organization that advocates for issues concerning public health and safety.
c. All members shall be appointed within 30 days following the effective date of this act. All vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made.
d. The task force shall organize within 30 days following the appointment of a majority of its members and shall select a chairperson from among the members. The task force shall meet at the call of the chairperson and as provided in section 3 of this act. The task force shall make recommendations and approve the reports to be submitted to the Governor and the Legislature pursuant to section 4 of this act by a majority of its members.
e. The members of the task force shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties to the extent that funds are available for that purpose.
f. The Department of Transportation shall provide staff support to the task force. The task force shall also be entitled to call to its assistance and avail itself of the services of the employees of any department, board, bureau, commission, or agency of the State or any political subdivision thereof, as it may require and as may be available for its purposes. The task force may employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes.
3. 1a.1 The task force shall hold not less than three public hearings to provide information to the public on the risks and impact of the transport of crude oil by rail in New Jersey and on emergency response measures in the event of a train derailment, as follows:
(1) At least one public hearing shall take place in the southern region of the State, which shall consist of the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, and Salem;
(2) At least one public hearing shall take place in the central region of the State, which shall consist of the counties of Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset, and Union; and
(3) At least one public hearing shall take place in the northern region of the State, which shall consist of the counties of Bergen, Essex, Hudson, Morris, Passaic, Sussex, and Warren.
1b.1 Each public hearing shall begin after 6:30 P.M., Eastern Standard Time, on a weekday. Notice of the public hearing shall be given by the task force at least 30 days prior to the hearing to the county clerk and board of chosen freeholders in each county in the region in which the hearing shall be held.
4. a. The task force shall study the risks and impact of the transport of crude oil by rail in New Jersey and develop recommendations for government strategies, which shall include legislative and regulatory action, if deemed appropriate, and strategies for private entities and residents on emergency response measures in the event of a train derailment.
b. The task force shall prepare and submit an interim report, not more than 180 days after its organization, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature summarizing its activities. The task force shall submit 1to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature1 a final report summarizing its findings and setting forth its recommendations within one year of the final public hearing held pursuant to section 3 of this act.
5. This act shall take effect immediately, and shall expire 30 days after the 1[issuance of the task force's] the task force submits its1 final report.
