An Act to Remove the Confidentiality of the Transp01tat10n of Hazardous Materials by Railroad Companies
Maine Legislature, Session 131, LD 1937
Committee Amendment CA_A_H912 (House)
Amends: 1 MRSA §402, 23 MRSA §5003, 23 MRSA §7015, 23 MRSA §7311, 23 MRSA §7313, 23 MRSA §7314

COMMITTEE AMENDMENT ,A "to H.P. 1245, L.D. 1937, "An Act to Remove 
the Confidentiality of the Transp01tat10n of Hazardous Materials by Railroad Companies" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding the Transportation of Hazardous Materials by Railroad 
Companies' 
Amend the bill in the emergency preamble in the 3rd indented paragraph in the first 
line (page 1, line 8 in L.D.) by insetting after the following: "disclosure" the following: 
'when those records are related to a train carrying hazardous materials that has derailed at 
any point from a main line train track' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and insetting the following: 
'Sec. 1. 1 MRSA §402, sub-§3, ,U, as amended by PL 2019, c. 667, Pt. B, §4, is 
futther amended to read: 
U. Records provided by a railroad company pursuant to Title 23, section 731 L 
subsection 5 and records describing hazardous materials transpotted by the railroad 
company in this State, the routes of hazardous materials shipments and the frequency 
of hazardous materials operations on those routes that are in the possession of a state 
or local emergency management entity or law enforcement agency, fire depattment or 
other first responder, except that records related to a train canying hazardous materials 
that has derailed at any point from a main line train track or related to a discharge of 
hazardous materials transpotted by a railroad company that poses a threat to public 
health, safety and welfare are subject to public disclosure after that discharge. For the 
purposes of this paragraph, "hazardous material" has the same meaning as set fotth in 
Code of Federal Regulations, Section 105.5; and 
Sec. 2. 23 MRSA §5003, as enacted by PL 1987, c. 141, Pt. A, §4, is amended to 
read: 
§5003. Collection of judgment against foreign railroad company lessee 
Page I - 131LR2549(02) 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT".ft'toH.P, 1245, L.D. 1937 
When any foreign railroad company, v,rhieh that is or has been doing business in this 
State as the lessee of any railroad, refuses or neglects for 60 days after demand to pay and 
discharge any judgment recovered by any person against the railroad company owning that 
leased road for damages to the property of the person by the doings, misdoings or neglects 
of the foreign railroad company, its agents or servants, 1.vhieh and that judgment belongs to 
the foreign railroad company to pay and discharge, the Superior Court, on complaint, may 
compel payment thereof of the judgment by the foreign corporation railroad company and 
make, pass and enforce all necessary orders, decrees and processes for the purpose. 
Nothing in this section allows for nonparticipation by foreign railroad company lessees. 
Sec. 3. 23 MRSA §7015 is enacted to read: 
§7015. Prevention and response plans and environmental impact analysis 
Within 180 days of the effective date of this section, a railroad company shall submit 
to the Commissioner of Environmental Protection a prevention and response plan including 
the environmental impact analysis submitted to the United States Department of 
Transportation, Pipeline and Hazardous Materials Safety Administration. The railroad 
company shall also provide any updates submitted to the Pipeline and Hazardous Materials 
Safety Administration to the Commissioner of Environmental Protection. 
Sec. 4. 23 MRSA §7311, sub-§2-A is enacted to read: 
2-A. State, county, municipal notice. In the event of a main line train derailment 
involving hazardous materials, a railroad company shall make a 9-1-1 call, as defined in 
Title 25, section 2921, subsection 17, to ale1t first responders, including municipal and 
county fire chiefs in the jurisdiction, and provide timely notice to the Depaitment of Public 
Safety, the Department of Environmental Protection and the Maine Emergency 
Management Agency. 
The Maine Emergency Management Agency may notify the 
Department of Transpottation and the municipal and county fire chiefs located within the 
affected area of the accident. 
Sec. 5. 23 MRSA §7311, sub-§2-B is enacted to read: 
2-B. Public notice. In the event of a main line train derailment involving hazardous 
materials, the Maine Emergency Management Agency shall, if requested by a municipal or 
county fire chief serving as incident commander, issue an ale1t through an emergency ale1t 
system or wireless emergency ale1t system for the area identified by the incident 
commander. 
Sec. 6. 23 MRSA §7311, sub-§2-C is enacted to read: 
2-C. Failure to issue notice. If a railroad company fails to provide timely notice as 
required under subsection 2-A, the Commissioner of Transportation may assess a fine up 
to $25,000 per failed notice per day in the event of a main line train derailment involving 
hazardous materials. 
Sec. 7. 23 MRSA §7311, sub-§5 is enacted to read: 
5, Routine inspections. Upon request of the Commissioner of Transportation, a 
railroad company shall submit repmts of inspections conducted pursuant to federal agency 
requirements under 49 Code of Federal Regulations, Subtitle B, Chapter II by a railroad 
company of trains, rails, rail safety equipment and rail corridors. Records under this 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1245, L.D. 1937 
subsection are not public records pursuant to Title 1, section 402. subsection 3, paragraph 
u. 
Sec. 8. 23 MRSA §7313 is enacted to read: 
§7313. Mandatory training offered by railroad companies to fire and emergency 
medical services 
1. Training. A railroad company shall offer training to each fire department, each 
local organization for emergency management and each organization that has a mutual aid 
agreement with each fire department and each local organization for emergency 
management along routes over which the railroad company transports oil or other 
hazardous materials. Additional training must be offered to each fire department and each 
local organization for emergency management at least once eve1y 3 years after the initial 
training provided for under this subsection. 
2. 
Hazardous materials; techniques to assess hazards, 
The training under 
subsection 1 must address the general hazards of oil and hazardous materials that travel 
through the jurisdiction or mutual aid agreement jurisdiction of each fire depa1tment and 
local organization for emergency management; techniques to assess hazards to the 
environment and to the safety of first responders and the public; factors that an incident 
commander must consider in determining whether to attempt to suppress a fire or to 
evacuate the public and first responders from an area; and other strategies for initial 
response by first responders. 
3. Suggested protocols. The training under subsection 1 must include suggested 
protocols or practices for first responders to safely respond to a derailment; methods to 
identify railroad cars and hazardous material contents: first responder safety issues; railroad 
response tactics; public notification and evacuation considerations; environmental 
contamination response; railroad response personnel and resources coordination at an 
accident; and any other protocols and practices for safe initial local response. including the 
notification requirements and the responsibilities of an incident commander during any rail 
accident involving oil or other hazardous materials. 
Sec. 9. 23 MRSA §7314 is enacted to read: 
§7314. Post-accident reporting requirements 
1. Post-accident review. After an accident involving hazardous materials subject to 
review by the applicable federal agency or when an accident is not reviewed by the 
applicable federal agency but review is considered necessaiy by the Commissioner of 
Transpo1tation1 the commissioner shall ensure that a post-accident review and analysis is 
performed in a timely manner. The commissioner's review and analysis must be unde1iaken 
under an agreement with an entity having relevant knowledge and experience that is fully 
independent of the railroad carrier's companies. 
2. Evaluation requirements. The Commissioner of Transp01iation's review and 
analysis process must include an after-action review and must evaluate, at a minimum, 
processes occurring during the accident for emergency assessment, hazard operations, 
population protection and accident management. The review and analysis must be designed 
to minimize disruption of the federal review of the accident. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1245, L.D. 1937 
3. Report, By March 1st following any calendar year in which one or more post-
accident reviews and analyses are performed, the Commissioner of Transportation shall 
submit a repmt to the joint standing committees of the Legislature having jurisdiction over 
railroads and public records matters. The repmt must: 
A. Provide a summary of the accidents, as long as the information provided does not 
include information excluded from the definition of "public records" pursuant to Title 
1, section 402, subsection 3, paragraph U; 
B. Identify findings, conclusions and process changes; 
C. Include any costs associated with accidents; and 
D. Make recommendations for changes to laws and rules, if any. 
Sec, 10. Appropriations and allocations. The following appropriations and 
allocations are made. 
TRANSPORTATION, DEPARTMENT OF 
Multimodal Transportation Fund Z0l 7 
Initiative: Provides allocations for accident reviews and analyses regarding hazardous 
materials perfo11ned by a qualified entity. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2023-24 
$0 
$0 
2024-25 
$40,000 
$40,000 
Amend the bill by relettering or renumbering any nonconsecutive Patt letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and does the following. 
1. It adds records related to routine inspections of trains and rail corridors and safety 
equipment to an exception to the definition of "public records." 
2. It clarifies that records related to a derailed train carrying hazardous materials is not 
an exception to the definition of "public records." 
3. It requires railroad companies to submit prevention and response plans to the 
Depa1tment of Environmental Protection. 
4. It provides procedures and notices to be provided to agencies and the public in the 
event of a train derailment involving hazardous materials. 
5. It requires training to be offered by railroad companies to fire depattments and 
emergency medical services to address train derailments. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT •4" to H.P. 1245, L.D. 1937 
6. It requires a post-accident review to be conducted after any accident involving 
hazardous materials and a report to be submitted to the joint standing committees of the 
Legislature having jurisdiction over railroad and public records matters. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/04/24 :::Wac:!. 
LD 1937 
LR2549(02) 
An Act to Remove the Confidentiality of the Transportation of Hazardous Materials by Railroad 
Companies 
Fiscal Note for Bill as Amended by Committee Amendment A• { }-( _.,, 9 / 2) 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Committee: Judiciary 
) 
Fiscal Note Required: Yes 
Fiscal Note 
FY2023-24 
FY2024-25 
$0 
$40,000 
Projections 
FY 2025-26 
$40,000 
Projections 
FY 2026-27 
$40,000 
This bill includes an ongoing Other Special Revenue Funds allocation of $40,000 in fiscal year 2024-25 to the 
Multimodal Transportation Fund in the Department of Transportation for accident reviews and analyses regarding 
hazardous materials performed by a qualified entity. The Fund has sufficient cash to fund the allocation. 
Any revenue collected associated with civil fines assessed on railroad companies for not providing notices required 
would increase Other Special Revenue Funds to the Department of Transportation. It is not known at this time if any 
civil fines will be issued and no estimate of any potential increased revenue has been made. 
Any additional costs to the Department of Defense, Veterans and Emergency Management associated with providing 
notifications and ale1is are expected to be minor and can be absorbed within existing budgeted resources, 
LR2549(02) - Fiscal Note • Page 1 of 1