II 118th CONGRESS 2d Session S. 5569 IN THE SENATE OF THE UNITED STATES December 17 (legislative day, December 16), 2024 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a State rail formula grant program, to direct the Federal Railroad Administration to create a Green Railroads Fund, to expand passenger rail programs, to address air quality concerns, to establish rail workforce training centers, and for other purposes.

1. Short title This Act may be cited as the All Aboard Act of 2024 . 2. Definitions In this Act: (1) Administration The term Administration means the Federal Railroad Administration. (2) Administrator The term Administrator means the Administrator of the Federal Railroad Administration. (3) Amtrak The term Amtrak means the National Railroad Passenger Corporation. (4) Electrification infrastructure The term electrification infrastructure — (A) means overhead wire in-motion charging technology and any associated infrastructure necessary for the operation to propel a locomotive or train; and (B) includes battery electric technology that propels a locomotive or train in railyards and other environments in which catenary infrastructure is difficult to deploy as determined by the Secretary. (5) Environmental justice community The term environmental justice community means a community with significant representation of individuals of color, low-income individuals, or Tribal and Indigenous individuals, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (6) Federal-State Intercity Partnership program The term Federal-State Intercity Partnership program means the grant program developed and implemented by the Secretary pursuant to section 24911(b) of title 49, United States Code. (7) High-performance rail The term high-performance rail means an intercity passenger rail service that is designed to meet the current and future market demand for the transportation of people and goods, in terms of capacity, travel times, reliability, and efficiency. (8) Locomotive The term locomotive has the meaning given that term in section 1033.901 of title 40, Code of Federal Regulations. (9) MU locomotive The term MU locomotive , with respect to electric multiple unit and battery-electric multiple unit trains, has the meaning given that term in section 229.5 of title 49, Code of Federal Regulations. (10) Partnership applicant The term partnership applicant has the meaning given that term applicant in section 24911 of title 49, United States Code. (11) Secretary The term Secretary means the Secretary of Transportation. (12) State The term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United State Virgin Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau. (13) Train The term train has the meaning given that term in section 221.5 of title 49, Code of Federal Regulations. (14) Zero-emission locomotive The term zero-emission locomotive means a locomotive that does not emit any criteria pollutant, toxic pollutant, or greenhouse gas from any onboard source of power at any power setting, including any propulsion power that is connected to and moves with the locomotive when it is in motion. 3. State rail formula funding (a) In general The Secretary shall establish a formula grant program under which the Secretary shall award grants to States for the development of State rail plans, operations of rail service, and maintenance and expansion of rail infrastructure. (b) Report required Each State that receives a grant under this section shall submit to the Secretary a report describing how the State rail plan and activities— (1) include a strategy— (A) to expand passenger rail service, particularly high-performance rail service, including routes selected under the Corridor Identification and Development Program established under section 25101 of title 49, United States Code; and (B) to electrify existing freight and passenger rail; and (2) are consistent with the goals described in subsection (c). (c) Goals The goals described in this subsection are— (1) to support the goal of achieving zero-emission locomotives by 2047; (2) to guarantee the national rail network has the capacity to serve a significant portion of freight and passenger movement along the current and projected highest trafficked intercity corridors by 2050; (3) to achieve zero emissions for— (A) 50 percent of all trains by 2030; (B) all new trains by 2035; and (C) all locomotives by 2047; (4) to reconnect communities divided by railroads through infrastructure improvements that expand freight and passenger rail capacity; (5) to protect the safety and health of rail workers and nearby communities; (6) to ensure current and future rail infrastructure is climate resilient; (7) to realize high-quality service that is trip-time competitive with other intercity travel options; and (8) to facilitate a viable mode shift from short-haul flights to passenger rail between targeted city pairs. (d) Use of funds A State awarded a grant under this section may use funds from such grant to advance rail planning and operations by— (1) hiring and retaining staff; (2) pooling funds with other States to advance interstate initiatives and projects; (3) making improvements to existing rail infrastructure; (4) constructing new rail infrastructure; (5) carrying out such other rail activities as the Secretary determines appropriate, including studying the impacts on freight rail operations and ridership and operations coordination; (6) promoting intercity passenger rail operation; and (7) preparing applications for competitive Federal grant programs. (e) Formula In allocating grant funds among the States, the Administrator shall— (1) ensure that each State receives not less than $10,000,000; and (2) apportion the remaining grant funds among the States based on the respective population of such States. (f) Technical assistance The Administrator, in coordination with the Administrator of the Environmental Protection Agency, the Secretary of Energy, Amtrak, and the Administrator of the Federal Transit Administration, shall provide technical assistance to States and communities to assist with the development of State rail plans. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary $3,500,000,000 for the 5-year period beginning on October 1, 2024, to provide grants under this section. 4. Green Railroads Fund (a) In general The Secretary, in consultation with the Administrator of the Environmental Protection Agency, may award grants to eligible entities described in subsection (c) to enable or improve electrified rail operations. (b) Application (1) In general To apply for a grant under this section an eligible entity shall submit an application to the Secretary in such manner as the Secretary may reasonably require. (2) Requirements Each application submitted in accordance with paragraph (1) shall include— (A) a plan for robust engagement that details a public notice process that requires— (i) notification online and in relevant print sources written in languages used within the area reasonably affected by the proposed grant; (ii) opportunities for public meetings and comment; and (iii) other information relevant to the project to be made publicly available; (B) a plan that details how— (i) the project will safeguard or improve the local environment and public health; and (ii) environmental and public health stressors will be monitored and minimized during the project; (C) a description of wage and apprenticeship requirements for individuals employed to construct, operate, and maintain rail electrification infrastructure; and (D) a transition plan that examines the impact of the proposed project on the workforce of the eligible entity, including— (i) identifying skills gaps, training needs, and retraining needs of the workforce; (ii) a plan to operate and maintain infrastructure of the project using existing insourced workforce; (iii) a plan to avoid displacement of the workforce and to transition any displaced workers to new jobs created by the project; (iv) identifying the steps the eligible entity will take to offset any identified negative impact or potential displacement of the workforce, including how the entity will use the funds from the grant and its own funding to implement the transition plan; and (v) a description of how the eligible entity will work with any organizations representing the workforce to implement the transition plan. (c) Eligible entities An eligible entity described in this subsection is any of the following: (1) A State. (2) A group of States. (3) An interstate compact. (4) A public agency or a publicly chartered authority established by one or more States. (5) A political subdivision of a State. (6) Amtrak or any other rail carrier that provides intercity rail passenger transportation. (7) A class I railroad in partnership with at least 1 of the entities described in paragraphs (1) through (5). (8) A class II or III railroad. (9) A federally recognized Indian Tribe. (10) A rail equipment manufacturer in partnership with at least 1 of the entities described in paragraphs (1) through (5). (11) A public utility. (12) A nonprofit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors. (d) Use of funds An eligible entity awarded a grant under this section may use funds from such grant— (1) to purchase railroad lines and right of way from other railroads that host Amtrak or other intercity passenger rail transportation for new electrification infrastructure; (2) to rebuild or improve existing locomotives, trains, or MU locomotives to enable such trains and locomotives to use electrification infrastructure; (3) to install or improve existing rail electrification infrastructure; (4) to build new rail corridors with electrification infrastructure; (5) to update rail yards by adding electrification infrastructure; (6) to lease or acquire an easement along a right of way for electrification infrastructure; (7) to purchase or lease electric locomotives, MU locomotives, and trains or rolling stock; (8) to ensure new electrification infrastructure is climate resilient; (9) to engage in robust engagement with communities; and (10) for workforce development and training to support the maintenance, deployment, and operation of electric locomotives, MU locomotives, and trains. (e) Labor requirements A project funded by a grant awarded under this section shall— (1) use project labor agreements; (2) use enforceable agreements to hire from local communities; and (3) for any freight train or light engine used in connection with the movement of freight, require a crew consisting of at least 2 individuals, one of whom is certified under regulations promulgated by the Administration as a locomotive engineer pursuant to section 20135 of title 49, United States Code, and the other of whom is certified under regulations promulgated by the Administration as a conductor pursuant to section 20163 of title 49, United States Code. (f) Priority In awarding grants under this section, the Secretary shall give priority to projects that will— (1) produce air quality benefits in environmental justice communities; and (2) expand high performance passenger rail. (g) Benefits for other programs An eligible entity that receives a grant under this section and is eligible for other rail grant programs described by this Act shall receive priority for additional funding under such programs for rail electrification infrastructure projects. Entities awarded grants under other programs in this Act may be awarded a grant under this section when applicable. (h) Study on transmission co-Location with rail electrification infrastructure (1) In general The Secretary, in coordination with the Administrator, and in consultation with the Department of Energy, the Federal Energy Regulatory Commission, and any other agency deemed relevant by the Secretary and the Administrator, shall conduct a study to evaluate the feasibility, benefits, equity impacts, and challenges of co-locating high-voltage transmission infrastructure alongside rail corridors as part of efforts to support rail electrification, expand renewable energy capacity, reduce community impacts of new infrastructure, and ensure fair access to infrastructure benefits for all communities. (2) Outcomes and recommendations (A) Interagency task force In carrying out the study required under paragraph (1), the Secretary may recommend the establishment of an interagency task force to facilitate ongoing coordination among Federal, state, and local, and private entities to advance projects involving transmission and rail electrification infrastructure. (B) Designated priority corridors In carrying out the study required under paragraph (1), the Secretary may— (i) propose a framework to designate priority corridors for co-located transmission and rail electrification projects; and (ii) recommend how such projects should be incentivized. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary $50,000,000,000 for the 5-year period beginning on October 1, 2024, to provide grants under this section. 5. Expansion of passenger rail and high-performance rail (a) Federal-State Intercity Partnership program (1) Authorization of appropriations There is authorized to be appropriated to the Secretary for the Federal-State Intercity Partnership program $80,000,000,000 for the 5-year period beginning on October 1, 2024. (2) Priority high-performance rail Section 24911(d) of title 49, United States Code, is amended— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (B) by inserting before paragraph (2), as redesignated, the following: (1) the Secretary shall give priority to projects that install or upgrade infrastructure that will enable high-performance passenger rail along new or existing rail corridors regardless of the location of such projects within the United States; . (3) Cost benefit analysis Section 24911(d)(3)(B)(i) of title 49, United States Code, as redesignated, is amended— (A) in subclause (IV), by striking ; and and inserting a semicolon; (B) in subclause (V), by inserting and after the semicolon at the end; and (C) by adding at the end the following: (VI) anticipated positive impacts of the project's efforts to electrify the corridor, or make improvements to allow for electrification infrastructure (as defined in the All Aboard Act of 2024 ) in the future; . (b) Consolidated Rail Infrastructure and Safety Improvement Program (1) Authorization of appropriations There is authorized to be appropriated to the Secretary $30,000,000,000 for the 5-year period beginning on October 1, 2024, to provide grants authorized under section 22907 of title 49, United States Code. (2) Expanded eligibility Section 22907(b) of title 49, United States Code, is amended by adding at the end the following: (14) A class I railroad company only if— (A) the entity uses the funds to install electrification infrastructure; (B) the project uses project labor agreements; (C) the project includes enforceable agreements to hire from local communities; (D) the entity complies with section 22404 of title 49, United States Code; and (E) the project is in partnership with at least 1 of the entities described in paragraphs (1) through (5). . (3) Eligible activities Section 22907(c) of title 49, United States Code, is amended by adding at the end the following: (17) Any project to facilitate zero-emission locomotive infrastructure, including projects— (A) to electrify publicly-owned or Amtrak-owned routes; (B) to rehabilitate or improve existing locomotives, MU locomotives, or trains (including engines) to reduce emissions; (C) to purchase railroad infrastructure and right of way from freight railroads— (i) to expand passenger rail or regional rail; or (ii) with the intent to electrify rail in the future; (D) to build electrified rail corridors; (E) to electrify rail yards; (F) to lease or acquire an easement along a right-of-way for electrification; (G) to purchase electrification equipment and rolling stock or other zero-emission locomotives, MU locomotives,. and equipment; (H) to ensure new electrification infrastructure is climate-resilient; and (I) to engage in robust engagement with communities impacted by any new rail infrastructure. . (4) Requirements Section 22907(d) of title 49, United States Code, is amended to read as follows: (d) Application process (1) In general The Secretary shall prescribe the form and manner of filing an application under this section. (2) Workforce development requirements Each application for a grant under this section shall include a transition plan that examines the impact of the proposed project on the workforce of the eligible entity and includes— (A) an identification of skills gaps, training needs, and retraining needs of the workforce; (B) a plan to operate and maintain infrastructure of the project using existing insourced workforce; (C) a plan to avoid displacement of the workforce; (D) an identification of the steps the eligible entity will take to offset any identified negative impact or potential displacement of the workforce, including how the entity will use the funds from the grant and its own funding to implement the transition plan; and (E) a description of how the eligible entity will work with any organizations representing the workforce to implement the transition plan. (3) Requirements for rail electrification projects Each application for a grant for an eligible project described under subsection (c)(17) shall include— (A) plans for robust engagement, early in the project planning process, with communities impacted by any new rail electrification infrastructure; (B) plans for hiring from local communities, displaced rail workers, tribal and indigenous communities, and environmental justice communities; and (C) a description of wage and apprenticeship requirements for individuals employed to construct, operate, and maintain rail electrification infrastructure. . (5) Priority for rail electrification Section 22907(e) of title 49, United States Code, is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: (2) Priority for rail electrification In selecting a recipient of a grant for an eligible project, the Secretary shall give priority to a proposed project that includes electrification infrastructure (as defined in the All Aboard Act of 2024 )— (A) in freight railyards or corridors in environmental justice communities; and (B) along new or existing rail corridors. . (c) Amtrak (1) In general There is authorized to be appropriated to the Secretary $30,000,000,000 for the 5-year period beginning on October 1, 2024, for the use of Amtrak. (2) Climate resilience fund Of the funds appropriated to the Secretary pursuant to paragraph (1), $5,000,000,000 shall be used for climate resiliency improvement projects to increase resiliency against climate-related changes in conditions, including flooding risk, sea level rise, extreme storms, coastal erosion, and extreme temperatures. (d) Railroad crossing elimination program There is authorized to be appropriated to the Secretary $10,000,000,000 for the 5-year period beginning on October 1, 2024, to provide grants under section 22909 of title 49, United States Code. (e) Restoration and enhancement program There is authorized to be appropriated to the Secretary $1,000,000,000 for the 5-year period beginning on October 1, 2024, to provide grants under section 22908 of title 49, United States Code. (f) Grant adjustment To support rail expansion Section 24305 of title 49, United States Code, is amended by adding at the end the following: (g) Use of Federal grant funds Unless specifically prohibited by law or inconsistent with a grant agreement pursuant to which the relevant funding was provided, Amtrak may use grant funding received from the Federal Government to cover any non-Federal share of costs required to be paid under grant programs authorized in title 23 or 49, United States Code, or in other Federal laws, to the extent necessary to advance critical intercity passenger rail investments and further the achievement of Amtrak’s mission. . 6. Rail air pollution grant program (a) In general The Administrator of the Environmental Protection Agency shall establish a program to provide grants under sections 103 and 105 of the Clean Air Act (42 U.S.C. 7403 and 7405) to address the air pollution generated by railyards. (b) Authorization of appropriations There is authorized to be appropriated to the Administrator of the Environmental Protection Agency $500,000,000 for the 5-year period beginning on October 1, 2024, to provide grants under section 105 of the Clean Air Act ( 42 U.S.C. 7405 ) to carry out subsection (a). 7. Labor protections and workforce development (a) Grant conditions Subsections (a), (b), (c), and (d) of section 22905 of title 49, United States Code, shall apply to any grant awarded pursuant to this Act, or funds provided under this Act, as if the grant or funds were awarded under chapter 229 of title 49, United States Code. The conditions of section 22404 of title 49, United States Code, shall apply to any grant awarded pursuant to this Act. (b) Other requirements (1) In general All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alternation, or repair work carried out, in whole or in part, with assistance made available under this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (2) Authority With respect to labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and sections 3145 of title 40, United States Code. (c) Rail workforce training centers (1) Passenger rail workforce training center (A) In general There is established within the consolidated workforce training program— (i) a center, which shall be known as the Passenger Rail Workforce Training Center , to meet the needs of the passenger rail systems workforce through standards-based training relating to relevant maintenance and operations occupations; and (ii) expand workforce development efforts in partnership with organized labor including, apprenticeship training programs. (B) Duties The Passenger Rail Workforce Training Center, in cooperation with nonprofit labor organizations and Amtrak, shall develop and carry out training and educational programs for rail employees serving in the passenger rail workforce. (2) Freight rail workforce training center The Administrator, in partnership with rail carriers and nonprofit labor organizations, shall— (A) establish a consolidated workforce training program for freight railroad personnel; (B) establish a center, which shall be known as the Freight Rail Workforce Training Center , to meet the needs of the freight rail systems workforce through standards-based training relating to relevant maintenance and operations occupations; and (C) expand, in partnership with organized labor, workforce development efforts, including apprenticeship training programs. (3) Training and educational program inclusions The training and educational programs developed pursuant to paragraphs (1) and (2) may include courses in recent developments, techniques, and procedures relating to— (A) developing consensus national training standards, in partnership with industry stakeholders, for key rail occupations with demonstrated skill gaps; (B) establishing regional, State, and local rail training partnerships— (i) to identify and address workforce skill gaps; and (ii) to develop skills needed for— (I) delivering quality rail service; and (II) supporting employee career advancement; (C) developing programs for the training of frontline workforce, instructors, mentors, and labor-management partnership representatives, in the form of classroom, hands-on, on-the-job, and internet web-based training, to be delivered— (i) at a national center; (ii) regionally; or (iii) at an individual rail carrier; (D) developing training programs for skills relating to existing and emerging rail technologies, such as zero-emission locomotives and trains and zero-emission locomotive infrastructure; (E) developing improved capacity for safety, security, and emergency preparedness in rail systems and the industry as a whole through— (i) developing the role of the rail workforce in establishing and sustaining safety culture and safety systems in rail; and (ii) training to address rail workforce roles in promoting health and safety for rail workers, communities adjacent to railroad infrastructure and railyards; and (F) developing rail carrier capacity for career pathway partnerships with schools and other community organizations for recruiting and training underrepresented populations as successful rail employees who can develop careers in the rail industry. (4) Authorization of appropriations There is authorized to be appropriated to the Administrator $500,000,000 for the 5-year period beginning on October 1, 2024, to carry out the Rail Workforce Training Program authorized under this subsection.