SENATE, No. 2117

SECTION 1. Chapter One Hundred and Sixty One C (161C) of the General Laws is hereby amended by adding the following new section : -

 (1) Risk Assessment:  Not later than 180 days after the enactment of this Section, every operator of rail facilities in Massachusetts shall provide to the Executive Office of Public Safety and the Executive Office of Transportation a risk assessment of all rail facilities in Massachusetts, which shall describe –

(a)    all facilities and their functions;

(b)   the types of cargo that have moved through such facilities within the preceding twelve months, including the approximate quantities of hazardous materials and oil subject to Chapter I of Title 49 of the Code of Federal Regulations;

(c)    the extent to which hazardous materials and/or oil are stored in rail facilities, including the location of such facilities and the approximate quantities of hazardous materials and/or oil stored;

(d)   the location of any rail facility through which hazardous materials and/or oil are transported or at which such cargo is stored that lies within a fifteen mile radius of a school, hospital, nursing home, public utility, or public safety facility; and

(e)    the rail operator’s current security plan, which shall include:

(i)  a description of the practices of the rail operator designed to prevent acts of sabotage, terrorism or other crimes on rail facilities;

(ii)  the training program the rail operator provides to its employees;

(iii) the emergency response procedures of the rail operator in dealing with acts of  sabotage, terrorism or other crimes; and

(iv) the procedures of the rail operator in communicating with local and state law enforcement personnel, emergency personnel, transportation officials, and other first responders in the event of acts of sabotage, terrorism or other crimes. 

(2) Community Protection Plan: Not later than 360 days after the date of enactment of this Section, all rail operators in Massachusetts shall have in place a Community Protection Plan designed to protect rail infrastructure and traffic in Massachusetts from acts of sabotage, terrorism or other crimes.

(a)     The Community Protection Plan shall provide specifically for the security of critical infrastructure, including all points of vulnerability of the rail system that handle hazardous cargo and/or oil, including rights of way, yards, bridges, tunnels, and signal systems.

(b)    With respect to rail infrastructure, generally, the Community Protection Plan shall –

(i)      describe the rail operator’s methods for protecting critical infrastructure from acts of sabotage, terrorism, or other crimes;

(ii)    describe the manner and substance of initial and recurrent training provided by the rail operator to its employees to enable them to identify security threats and respond appropriately to acts of sabotage, terrorism or other crimes;

(iii)    describe the emergency response procedures of the rail operator in dealing with acts of sabotage, terrorism, or other crimes; and

(iv) describe the procedures of the rail operator in communicating with local and state                                                  

 law enforcement personnel, emergency personnel, transportation officials, and other first responders in the event of acts of sabotage, terrorism or other crimes.

(c)     With respect to any rail facility through which hazardous materials and/or oil is transported or at which such cargo is stored that lies within a fifteen mile radius of a school, hospital, nursing home, public utility, or public safety facility, the Community Protection Plan shall also provide for –

(i)      inspection on a regular basis by personnel trained to determine the condition of the facility and its vulnerability to acts of sabotage, terrorism, of other crimes;

(ii)    storage of hazardous materials and/or oil only in secure facilities designed for such storage, which shall not include rights of way;

(iii) procedures to prevent leaving locomotive equipment running while unattended,

       and leaving unattended locomotive equipment unlocked;   

(iv) methods by which the cabs of occupied locomotives may be secured against un-           

             authorized entry; and

(v) security for all remote control devices to prevent access to such devices by unauthorized personnel.

(d)    Each rail operator in Massachusetts shall provide a copy of its Community Protection Plan to the Executive Office of Public Safety and the Executive Office of Transportation.

(e)     The Executive Office of Public Safety and the Executive Office of Transportation shall review the Community Protection Plan; shall have the authority to order a rail operator to improve, modify, or change its plan to comply with the requirements of this Section; and   shall have the authority to fine a rail operator $50,000 per day for failure to comply with its orders or the requirements of this Section.

(f)      The Community Protection Plan shall be updated by the rail operator at least once every year, and the updated plan shall be submitted to the Executive Office of Public Safety and the Executive Office of Transportation.

(3) Worker Protection: No rail operator or any other person covered by this Section may discharge or in any way discriminate against an employee who reports a violation of this Section.  An employee who alleges a violation of this Section may seek punitive damages of up to $1,000,000 for each said violation, in addition to whatever other remedies may be available.

(4) Scope: This Section shall apply to rail operators, contractors or subcontractors working on the facilities of a rail operator, and any other individual or corporation performing work on rail facilities in Massachusetts.  All employees of rail operators, contractors or subcontractors, and other individuals or corporations performing work on rail facilities in Massachusetts, shall receive the training prescribed in subsection (2).  In addition, employees of rail contractors or subcontractors, and other individuals or corporations performing work on rail facilities in Massachusetts, shall be required to undergo the same background, skills and fitness for duty checks as employees of the rail operator.  If any provision of this Section is at any time determined to be in conflict with any law, such provision will continue in effect only to the extent permitted by such law.  If any provision of this Section is or becomes invalid or unenforceable, such invalidity or unenforceability will not affect or impair any other term or provision of this Section.