131 
of a rail carrier, except as provided for in section 10909 
of this chapter. 
‘‘(b) EXISTING FACILITIES.— 
‘‘(1) STATE LAWS AND STANDARDS.—Not later 
than 90 days after the date of enactment of the Clean 
Railroads Act of 2008, a solid waste rail transfer fa-
cility operating as of such date of enactment shall 
comply with all Federal and State requirements pur-
suant to subsection (a) other than those provisions re-
quiring permits. 
‘‘(2) PERMIT REQUIREMENTS.— 
‘‘(A) STATE
NON-SITING
PERMITS.—Any 
solid waste rail transfer facility operating as of 
the date of enactment of the Clean Railroads Act 
of 2008 that does not possess a permit required 
pursuant to subsection (a), other than a siting 
permit for the facility, as of the date of enact-
ment of the Clean Railroads Act of 2008 shall 
not be required to possess any such permits in 
order to operate the facility— 
‘‘(i) if, within 180 days after such date 
of enactment, the solid waste rail transfer 
facility has submitted, in good faith, a com-
plete application for all permits, except 
siting permits, required pursuant to sub-
132 
section (a) to the appropriate permitting 
agency authorized to grant such permits; 
and 
‘‘(ii) until the permitting agency has 
either approved or denied the solid waste 
rail transfer facility’s application for each 
permit. 
‘‘(B) 
SITING
PERMITS
AND
REQUIRE-
MENTS.—A solid waste rail transfer facility op-
erating as of the date of enactment of the Clean 
Railroads Act of 2008 that does not possess a 
State siting permit required pursuant to sub-
section (a) as of such date of enactment shall not 
be required to possess any siting permit to con-
tinue to operate or comply with any State land 
use requirements. The Governor of a State in 
which the facility is located, or his or her des-
ignee, may petition the Board to require the fa-
cility to apply for a land-use exemption pursu-
ant to section 10909 of this chapter. The Board 
shall accept the petition, and the facility shall be 
required to have a Board-issued land-use exemp-
tion in order to continue to operate, pursuant to 
section 10909 of this chapter.
133 
‘‘(c) COMMON CARRIER OBLIGATION.—No prospective 
or current rail carrier customer may demand solid waste 
rail transfer service from a rail carrier at a solid waste 
rail transfer facility that does not already possess the nec-
essary Federal land-use exemption and State permits at the 
location where service is requested. 
‘‘(d) NON-WASTE COMMODITIES.—Nothing in this sec-
tion or section 10909 of this chapter shall affect a rail car-
rier’s ability to conduct transportation-related activities 
with respect to commodities other than solid waste. 
‘‘(e) DEFINITIONS.— 
‘‘(1) IN GENERAL.—In this section: 
‘‘(A) COMMERCIAL AND RETAIL WASTE.— 
The term ‘commercial and retail waste’ means 
material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at in-
dustrial facilities, and other similar establish-
ments or facilities. 
‘‘(B) CONSTRUCTION AND DEMOLITION DE-
BRIS.—The term ‘construction and demolition 
debris’ means waste building materials, pack-
aging, and rubble resulting from construction, 
remodeling, repair, and demolition operations on 
pavements, houses, commercial buildings, and 
other structures.
134 
‘‘(C) 
HOUSEHOLD
WASTE.—The 
term 
‘household waste’ means material discarded by 
residential dwellings, hotels, motels, and other 
similar permanent or temporary housing estab-
lishments or facilities. 
‘‘(D) INDUSTRIAL
WASTE.—The term ‘in-
dustrial waste’ means the solid waste generated 
by manufacturing and industrial and research 
and development processes and operations, in-
cluding contaminated soil, nonhazardous oil spill 
cleanup waste and dry nonhazardous pesticides 
and chemical waste, but does not include haz-
ardous waste regulated under subtitle C of the 
Solid Waste Disposal Act (42 U.S.C. 6921 et 
seq.), mining or oil and gas waste. 
‘‘(E) INSTITUTIONAL WASTE.—The term ‘in-
stitutional waste’ means material discarded by 
schools, nonmedical waste discarded by hospitals, 
material discarded by nonmanufacturing activi-
ties at prisons and government facilities, and 
material discarded by other similar establish-
ments or facilities. 
‘‘(F) MUNICIPAL SOLID WASTE.—The term 
‘municipal solid waste’ means— 
‘‘(i) household waste;
135 
‘‘(ii) commercial and retail waste; and 
‘‘(iii) institutional waste. 
‘‘(G) SOLID WASTE.—With the exception of 
waste generated by a rail carrier during track, 
track structure, or right-of-way construction, 
maintenance, or repair (including railroad ties 
and line-side poles) or waste generated as a re-
sult of a railroad accident, incident, or derail-
ment, the term ‘solid waste’ means— 
‘‘(i) construction and demolition de-
bris; 
‘‘(ii) municipal solid waste; 
‘‘(iii) household waste; 
‘‘(iv) commercial and retail waste; 
‘‘(v) institutional waste; 
‘‘(vi) sludge; 
‘‘(vii) industrial waste; and 
‘‘(viii) other solid waste, as determined 
appropriate by the Board. 
‘‘(H) SOLID WASTE RAIL TRANSFER FACIL-
ITY.—The term ‘solid waste rail transfer facil-
ity’— 
‘‘(i) means the portion of a facility 
owned or operated by or on behalf of a rail 
carrier (as defined in section 10102 of this
136 
title) where solid waste, as a commodity to 
be transported for a charge, is collected, 
stored, separated, processed, treated, man-
aged, disposed of, or transferred, when the 
activity takes place outside of original ship-
ping containers; but 
‘‘(ii) does not include— 
‘‘(I) the portion of a facility to the 
extent that activities taking place at 
such portion are comprised solely of 
the railroad transportation of solid 
waste after the solid waste is loaded for 
shipment on or in a rail car, including 
railroad transportation for the purpose 
of interchanging railroad cars con-
taining solid waste shipments; or 
‘‘(II) a facility where solid waste 
is solely transferred or transloaded 
from a tank truck directly to a rail 
tank car. 
‘‘(I) SLUDGE.—The term ‘sludge’ means 
any solid, semi-solid or liquid waste generated 
from a municipal, commercial, or industrial 
wastewater treatment plant, water supply treat-
ment plant, or air pollution control facility ex-
137 
clusive of the treated effluent from a wastewater 
treatment plant. 
‘‘(2) EXCEPTIONS.—Notwithstanding paragraph 
(1), the terms ‘household waste’, ‘commercial and re-
tail waste’, and ‘institutional waste’ do not include— 
‘‘(A) yard waste and refuse-derived fuel; 
‘‘(B) used oil; 
‘‘(C) wood pallets; 
‘‘(D) clean wood; 
‘‘(E) medical or infectious waste; or 
‘‘(F) motor vehicles (including motor vehicle 
parts or vehicle fluff). 
‘‘(3) STATE REQUIREMENTS.—In this section the 
term ‘State requirements’ does not include the laws, 
regulations, ordinances, orders, or other requirements 
of a political subdivision of a State, including a lo-
cality or municipality, unless a State expressly dele-
gates such authority to such political subdivision.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 109 is amended by inserting after the item relat-
ing to section 10907 the following: 
‘‘10908. Regulation of solid waste rail transfer facilities.’’. 
SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND- 
USE EXEMPTION AUTHORITY. 
(a) IN GENERAL.—Chapter 109 is further amended by 
adding at the end thereof the following:
138 
‘‘§ 10909. Solid waste rail transfer facility land-use ex-
emption 
‘‘(a) AUTHORITY.—The Board may issue a land-use 
exemption for a solid waste rail transfer facility that is or 
is proposed to be operated by or on behalf of a rail carrier 
if— 
‘‘(1) the Board finds that a State, local, or mu-
nicipal law, regulation, order, or other requirement 
affecting the siting of such facility unreasonably bur-
dens the interstate transportation of solid waste by 
railroad, discriminates against the railroad transpor-
tation of solid waste and a solid waste rail transfer 
facility, or a rail carrier that owns or operates such 
a facility petitions the Board for such an exemption; 
or 
‘‘(2) the Governor of a State in which a facility 
that is operating as of the date of enactment of the 
Clean Railroads Act of 2008 is located, or his or her 
designee, petitions the Board to initiate a permit pro-
ceeding for that particular facility. 
‘‘(b) LAND-USE EXEMPTION PROCEDURES.—Not later 
than 90 days after the date of enactment of the Clean Rail-
road Act of 2008, the Board shall publish procedures gov-
erning the submission and review of applications for solid 
waste rail transfer facility land-use exemptions. At a min-
imum, the procedures shall address—
139 
‘‘(1) the information that each application 
should contain to explain how the solid waste rail 
transfer facility will not pose an unreasonable risk to 
public health, safety, or the environment; 
‘‘(2) the opportunity for public notice and com-
ment including notification of the municipality, the 
State, and any relevant Federal or State regional 
planning entity in the jurisdiction of which the solid 
waste rail transfer facility is proposed to be located; 
‘‘(3) the timeline for Board review, including a 
requirement that the Board approve or deny an ex-
emption within 90 days after the full record for the 
application is developed; 
‘‘(4) the expedited review timelines for petitions 
for modifications, amendments, or revocations of 
granted exemptions; 
‘‘(5) the process for a State to petition the Board 
to require a solid waste transfer facility or a rail car-
rier that owns or operates such a facility to apply for 
a siting permit; and 
‘‘(6) the process for a solid waste transfer facility 
or a rail carrier that owns or operates such a facility 
to petition the Board for a land-use exemption. 
‘‘(c) STANDARD FOR REVIEW.—
140 
‘‘(1) The Board may only issue a land-use ex-
emption if it determines that the facility at the exist-
ing or proposed location does not pose an unreason-
able risk to public health, safety, or the environment. 
In deciding whether a solid waste rail transfer facil-
ity that is or proposed to be constructed or operated 
by or on behalf of a rail carrier poses an unreason-
able risk to public health, safety, or the environment, 
the Board shall weigh the particular facility’s poten-
tial benefits to and the adverse impacts on public 
health, public safety, the environment, interstate com-
merce, and transportation of solid waste by rail. 
‘‘(2) The Board may not grant a land-use ex-
emption for a solid waste rail transfer facility pro-
posed to be located on land within any unit of or 
land affiliated with the National Park System, the 
National Wildlife Refuge System, the National Wil-
derness Preservation System, the National Trails Sys-
tem, the National Wild and Scenic Rivers System, a 
National Reserve, a National Monument, or lands ref-
erenced in Public Law 108–421 for which a State has 
implemented a conservation management plan, if op-
eration of the facility would be inconsistent with re-
strictions placed on such land.
141 
‘‘(d) CONSIDERATIONS.—When evaluating an applica-
tion under this section, the Board shall consider and give 
due weight to the following, as applicable: 
‘‘(1) the land-use, zoning, and siting regulations 
or solid waste planning requirements of the State or 
State subdivision in which the facility is or will be 
located that are applicable to solid waste transfer fa-
cilities, including those that are not owned or oper-
ated by or on behalf of a rail carrier; 
‘‘(2) the land-use, zoning, and siting regulations 
or solid waste planning requirements applicable to 
the property where the solid waste rail transfer facil-
ity is proposed to be located; 
‘‘(3) regional transportation planning require-
ments developed pursuant to Federal and State law; 
‘‘(4) regional solid waste disposal plans devel-
oped pursuant to State or Federal law; 
‘‘(5) any Federal and State environmental pro-
tection laws or regulations applicable to the site; 
‘‘(6) any unreasonable burdens imposed on the 
interstate transportation of solid waste by railroad, 
or the potential for discrimination against the rail-
road transportation of solid waste, a solid waste rail 
transfer facility, or a rail carrier that owns or oper-
ates such a facility; and
142 
‘‘(7) any other relevant factors, as determined by 
the Board. 
‘‘(e) EXISTING FACILITIES.—Upon the granting of pe-
tition from the State in which a solid waste rail transfer 
facility is operating as of the date of enactment of the Clean 
Railroads Act of 2008 by the Board, the facility shall sub-
mit a complete application for a siting permit to the Board 
pursuant to the procedures issued pursuant to subsection 
(b). No State may enforce a law, regulation, order, or other 
requirement affecting the siting of a facility that is oper-
ating as of the date of enactment of the Clean Railroads 
Act of 2008 until the Board has approved or denied a per-
mit pursuant to subsection (c). 
‘‘(f) EFFECT OF LAND-USE EXEMPTION.—If the Board 
grants a land-use exemption to a solid waste rail transfer 
facility, all State laws, regulations, orders, or other require-
ments affecting the siting of a facility are preempted with 
regard to that facility. An exemption may require compli-
ance with such State laws, regulations, orders, or other re-
quirements. 
‘‘(g) INJUNCTIVE RELIEF.—Nothing in this section 
precludes a person from seeking an injunction to enjoin a 
solid waste rail transfer facility from being constructed or 
operated by or on behalf of a rail carrier if that facility 
has materially violated, or will materially violate, its land-
143 
use exemption or if it failed to receive a valid land-use ex-
emption under this section. 
‘‘(h) FEES.—The Board may charge permit applicants 
reasonable fees to implement this section, including the costs 
of third-party consultants. 
‘‘(i) DEFINITIONS.—In this section the terms ‘solid 
waste’, ‘solid waste rail transfer facility’, and ‘State re-
quirements’ have the meaning given such terms in section 
10908(e).’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 109, as amended by section 603 of this division, 
is amended by inserting after the item relating to section 
10908 the following: 
‘‘10909. Solid waste rail transfer facility land-use exemption.’’. 
SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES. 
(a) IN GENERAL.—Chapter 109, as amended by sec-
tion 604, is further amended by adding at the end thereof 
the following: 
‘‘§ 10910. Effect on other statutes and authorities 
‘‘Nothing in section 10908 or 10909 is intended to af-
fect the traditional police powers of the State to require a 
rail carrier to comply with State and local environmental, 
public health, and public safety standards that are not un-
reasonably burdensome to interstate commerce and do not 
discriminate against rail carriers.’’.
144 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 109, as amended by section 604 of this division, 
is amended by inserting after the item relating to section 
10909 the following: 
‘‘10910. Effect on other statutes and authorities.’’. 
TITLE VII—TECHNICAL 
CORRECTIONS 
SEC. 701. TECHNICAL CORRECTIONS. 
(a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section 
22106 is amended— 
(1) by striking the second sentence of subsection 
(a); 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT 
INTEREST RECOVERIES.—The State shall place the United 
States Government’s share of money that is repaid and any 
contingent interest that is recovered in an interest-bearing 
account. The repaid money, contingent interest, and any 
interest thereof shall be considered to be State funds. The 
State shall use such funds to make other grants and loans, 
consistent with the purposes for which financial assistance 
may be used under subsection (a), as the State considers 
to be appropriate.’’; and 
(3) by striking subsections (c) and (e) and redes-
ignating subsection (d) as subsection (c).
145 
(b) GRANTS FOR CLASS II AND III RAILROADS.—Sec-
tion 22301(a)(1)(A)(iii) is amended by striking ‘‘and’’ and 
inserting ‘‘or’’. 
(c) RAIL TRANSPORTATION
OF RENEWABLE FUEL 
STUDY.—Section 245(a)(1) of the Energy Independence 
and Security Act of 2007 is amended by striking ‘‘Sec-
retary, in coordination with the Secretary of Transpor-
tation,’’ and inserting ‘‘Secretary and the Secretary of 
Transportation’’. 
(d) MOTOR CARRIER DEFINITION.— 
Section 14504a is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘(except as provided in paragraph 
(5))’’ after ‘‘14506’’; 
(B) in paragraph (1), by striking subpara-
graph (A) and inserting the following: 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘commercial motor 
vehicle’— 
‘‘(i) for calendar years 2008 and 2009, 
has the meaning given the term in section 
31101; and
146 
‘‘(ii) for years beginning after Decem-
ber 31, 2009, means a self-propelled vehicle 
described in section 31101.’’; and 
(C) by striking paragraph (5) and inserting 
the following: 
‘‘(5) MOTOR CARRIER.— 
‘‘(A) THIS SECTION.—In this section: 
‘‘(i) IN
GENERAL.—The term ‘motor 
carrier’ includes all carriers that are other-
wise exempt from this part— 
‘‘(I) under subchapter I of chapter 
135; or 
‘‘(II) through exemption actions 
by the former Interstate Commerce 
Commission under this title. 
‘‘(ii) EXCLUSIONS.—In this section, the 
term ‘motor carrier’ does not include— 
‘‘(I) any carrier subject to section 
13504; or 
‘‘(II) any other carrier that the 
board of directors of the unified carrier 
registration plan determines to be ap-
propriate 
pursuant 
to 
subsection 
(d)(4)(C).
147 
‘‘(B) SECTION 14506.—In section 14506, 
the term ‘motor carrier’ includes all carriers that 
are otherwise exempt from this part— 
‘‘(i) under subchapter I of chapter 135; 
or 
‘‘(ii) through exemption actions by the 
former Interstate Commerce Commission 
under this title.’’; and 
(2) in subsection (d)(4)(C), by inserting before 
the period at the end the following: ‘‘, except that a 
decision to approve the exclusion of carriers from the 
definition of the term ‘motor carrier’ under subsection 
(a)(5) shall require an affirmative vote of 3⁄4 of all 
such directors.’’. 
(e) EXTENSION OF LOAN PERIOD.—Section 502(g)(1) 
of the Railroad Revitalization and Regulatory Reform Act 
of 1976 (45 U.S.C. 822(g)(1)) is amended by striking ‘‘25 
years’’ and inserting ‘‘35 years’’. 
DIVISION B—AMTRAK 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Passenger Rail Investment and Improvement Act of 
2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
Sec. 1. Short title; table of contents.