Chemical Security Legislation to Address Transport Issues Introduced

Sen. Joseph Biden, Jr. (D-DE) introduced a comprehensive chemical security bill addressing shipments of hazardous materials entitled "The Hazardous Materials Vulnerability Reduction Act of 2005" (S. 1256) on July 16. The bill, which comes after a flurry of recent legislative activity at the local level on chemical shipment security, promotes greater cooperation between agencies, as well as more input from state and local officials in securing hazardous chemicals. Congress has devoted a great deal of its time of late to chemical security, as threats posed by chemical storage and transportation have gain national attention. The Senate Homeland Security and Government Affairs Committee has held four separate hearing on the issue in recent months and appears committed to producing chemical security legislation this session. While much of the focus at these hearings and of previous legislation has been on facilities, Biden's bill addresses vulnerabilities related to hazardous chemical shipments passing through heavily populated areas on unprotected railroad tracks. Biden's legislation proposes a number of provisions focused on identifying and addressing risks associated with shipping hazardous materials. It places an emphasis on improved communication and cooperation with state and local officials including first responders and community groups. Specifically the bill:
  • Requires the Department of Homeland Security (DHS) to develop a comprehensive, risk-based strategy -- with input from state and local officials -- to deal with rail shipments of extremely hazardous materials;
  • Allows local officials to petition the Department to become a "high threat corridor," around which particularly hazardous material would be rerouted;
  • Requires DHS to issue annual reports regarding the transport of hazardous chemicals to Local Emergency Planning Committees established under the Community Right to Know Act of 1986;
  • Requires the creation of coordinated first responder plans for chemical transport risks;
  • Authorizes $100 million for training and equipment for first responders and rail workers likely to respond to an incident involving hazardous materials; and
  • Requires critical studies into leased-track storage arrangements and technologies that can prevent or mitigate the consequences of an attack.
The bill was introduced without any cosponsors and immediately referred to the Senate Committee on Commerce, Science, and Transportation, chaired by Sen. Ted Stevens (R-AK). The committee has yet to schedule hearings on the issue of hazardous materials shipments. Security experts overwhelmingly agree that chemical plants and shipments are particularly vulnerable to terrorist attacks. Bush administration, however, has been slow to react to such warnings, causing several local municipalities to move forward with their own measures to protect citizens from potential attacks. The District of Columbia passed legislation to ban shipments of hazardous materials from the District unless absolutely necessary, which the Bush administration and the rail industry have successfully blocked in court; the matter is currently being appealed. Baltimore and Cleveland have introduced similar legislation pending in committees in both cities. Boston and Chicago are considering legislation banning hazardous shipments from coming into their city limits. For more on municipal policies see, this Watcher article.
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