A Senate Resolution urging Congress to require upgrades to rail tank car design standards and prohibit rail carriers from carrying flammable and combustible liquids near populated areas where feasible.

Whereas, As a result of the increased production of crude oil from the Bakken Shale formation in North Dakota, the volume of crude oil transported in North America and through the State has increased; and

Whereas, Due to limits in oil pipeline capacity, each day an estimated seven million gallons of Bakken crude oil are transported by rail from North Dakota to refineries and storage facilities in New Jersey and neighboring states, creating public safety risks for many New Jersey residents who live near railroads; and

Whereas, The July 2013 train derailment of rail tank cars, known as DOT-111 tank cars, carrying Bakken crude oil in Québec, which caused the deaths of 47 people and the destruction of an entire town, provided a clear example of the devastation that the transportation of flammable and combustible liquids by rail can cause; and

Whereas, The National Transportation Safety Board has determined that the DOT-111 tank cars, which are commonly used to transport crude oil, are substandard for carrying flammable and combustible liquids, including Bakken crude oil which has a lower flash point than other types of crude oil and is more prone to ignite in a rail accident; and

Whereas, In addition, many DOT-111 tank cars have thin steel shells that are unable to withstand puncturing in the event of a train derailment or accident; and

Whereas, According to the American Association of Railroads, 85 percent of the 92,000 DOT-111 tank cars currently in use do not meet the latest industry standard, which calls for a 7/16 of an inch outer steel shell; and

Whereas, The United States Department of Transportation (USDOT) has begun the process of evaluating new rules for the transportation of flammable and combustible liquids; and

Whereas, Recognizing the value of these efforts, Congress nevertheless cannot await the final outcome of the USDOT rulemaking process as a decision on new rules may take years and may fail to adequately address the public safety issues posed by the transport of flammable and combustible liquids; and

Whereas, It is in the best interest of the citizens of this State for this House to urge Congress to enact legislation that will require upgrades to the design standards for rail tank cars that are used to transport flammable and combustible liquids and prohibit rail carriers from carrying flammable and combustible liquids near populated areas where feasible; now, therefore,

Be It Resolved by the Senate of the State of New Jersey:

1. a. This House urges Congress to enact legislation that requires upgrades to the design standards for rail tank cars that are used to transport flammable and combustible liquids.

b. This House further urges Congress to enact legislation that prohibits rail carriers from carrying flammable and combustible liquids near populated areas where feasible.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Secretary of the United States Department of Transportation and each member of the United States Congress elected from this State.

STATEMENT

This resolution urges Congress to enact legislation that requires upgrades to rail tank car design standards and prohibits rail carriers from carrying flammable and combustible liquids near populated areas where feasible.

As a result of the increased production of crude oil from the Bakken Shale formation in North Dakota, the volume of crude oil transported in North America and through the State has increased. Each day an estimated seven million gallons of Bakken crude oil are transported by rail from North Dakota to refineries and storage facilities in New Jersey and neighboring states.

The July 2013 train derailment of DOT-111 tank cars carrying Bakken crude oil in Québec provided a clear example of the devastation that the transportation of Bakken crude oil by rail can cause. The National Transportation Safety Board has determined that the DOT-111 tank cars, commonly used to transport crude oil, are substandard for carrying flammable and combustible liquids. Many DOT-111 tank cars have thin steel shells that are unable to withstand puncturing in the event of a train derailment or accident and many of the DOT-111 tank cars currently in use do not meet the latest industry safety standards for rail tank cars.

The United States Department of Transportation (USDOT) has begun the process of evaluating new rules for the transportation of flammable and combustible liquids. Nevertheless, Congress cannot await the final outcome of the USDOT rulemaking process as a decision on new rules may take years and may fail to adequately address the public safety issues posed by the transport of flammable and combustible liquids.