SYRACUSE, N.Y. — U.S. Senate Majority Leader Charles Schumer (D–N.Y.) calls his new legislative proposal a “two-track” plan to boost railway safety and to get railroads to boost transparency.

The Democrat also said the plan involves an effort to “demand answers” on the steps railroads are taking to keep Syracuse and upstate New York communities safe amid growing concern from national rail accidents.

Schumer announced the plan during a March 6 visit to Syracuse’s Armory Square area near the elevated railroad tracks. Onondaga County Executive Ryan McMahon; Sharon Owens, deputy mayor of the City of Syracuse; Onondaga County Department of Emergency Management Commissioner Daniel Wears; and representatives from the Syracuse Fire Department joined Schumer for the announcement.

Schumer’s legislative push follows the train derailment in East Palestine, Ohio. It “focuses a spotlight on the need for serious reforms” in how railroads communicate with local communities, and the steps they are taking to stop “preventable” accidents like this from happening in places like Syracuse, Schumer said.

Two-part plan

In outlining the plan, Schumer first revealed a letter to the major railroad companies demanding answers on the actions they are taking to prevent an accident, like what happened in Ohio, from occurring in upstate New York.

Second, the Senate majority leader said he is “guiding the Senate to move full steam ahead” and support the new bipartisan Railway Safety Act of 2023, per a March 6 news release. It would create new rail-safety protocols, hold railroads “accountable for malfeasance,” and increase transparency of trains carrying hazardous materials in places like Syracuse and across America.

“Because we’re such a hub of rail activity, we have to be particularly vigilant here in upstate New York and Central New York about what’s happening,” Schumer said in his remarks in Armory Square. “The tracks behind me regularly carry trains with hazardous material. The disaster in Ohio should be a canary in the coal mine, a loud warning whistle that I’ve been sounding for a long time here in Central New York on dangerous railroad-safety hazards which demand immediate action. So, that’s why I’m here with our first responders to launch a two-track plan to increase transparency and boost rail safety for upstate New York.”

Due to its central location in the state, Syracuse is home to one of the five major freight rail facilities in New York state, Syracuse Fire Chief Michael Monds said in his remarks at the Schumer press event. 

“Each day, there’s the potential for large amounts of hazardous chemicals to be moving through the city and the region at any time. Being first responders and knowing we may be in a position to face these emergencies involving these chemicals is not a responsibility we take lightly,” the fire chief said. “All efforts by our elected officials to provide more transparent information regarding the transportation of hazardous materials in our community will undoubtedly result in a safer region, state, and nation for our citizens and our first responders.”

Monds also noted that his fire department’s hazardous-materials team was formed in 1984, and it secured state and federal funding in the years that followed to expand the unit. 

In his letter to Norfolk Southern, CSX, and the other major railroads, Schumer demanded that the companies outline the steps they are taking to improve rail safety and better communicate notifications to all levels of government to ensure a preventable tragedy like Ohio’s never happens again.

On its website, CSX (Nasdaq: CSX) on March 7 posted a news release titled,” CSX Investments and Policy Enhancements Drive Multi-year Safety Improvement Trend.”

In it, the company said it has “achieved record safety performance in recent years through a rigorous and comprehensive approach” that includes investments in infrastructure and technology; a growing workforce; fluid network operations; and a “safety culture that emphasizes” employee training and coaching.

“CSX understands that safety is the foundation of our business, which depends upon our ability to work collaboratively as a ONE CSX team to deliver customers’ freight safely, reliably and sustainably,” Joe Hinrichs, president and CEO, said. “Everything we do at our company is centered around our recognition that the safety of our employees and the communities where we operate is paramount.”

About the Schumer proposal

In his release, Schumer outlined details of the proposed Railway Safety Act of 2023 to increase transparency and regulations for trains carrying hazardous materials, get advanced notifications for emergency response, and hold railroads’ accountable for wrongdoings. 

The senator said the bill’s provisions would include measures to enhance safety for all trains carrying hazardous materials.

 The bill would require emergency-response plans and require rail carriers to provide advance notification and information to each state emergency-response officials on what they are transporting. 

The notification must include a written gas-discharge plan for the hazardous materials the train is transporting.

The measure would also build on existing phase-outs and retrofits for DOT-111 cars by requiring safer standards and specifications for any train carrying Class 3 flammable liquids regardless of the composition of the train — not just highly hazardous flammable trains. 

The safety provisions would also reduce the risk of wheel-bearing failures by requiring trains carrying hazardous materials to be scanned by hotbox detectors every 10 miles and strengthen inspection requirements.

The bill would also add new requirements to prevent blocked crossings by trains carrying hazardous materials due to railroad delays. It would also address other issues that can “prevent or mitigate” derailments, including rules for train size and weight.

The proposal would also require at least two-person crews, “highly trained,” to work aboard every train, “ensuring that sufficient, well-trained” railroad staff are available for safe operation and response in the aftermath of any derailment.

The prospective law would also make rail carriers pay for their wrongdoing by increasing the maximum fine that the U.S. Department of Transportation can issue for safety violations from $225,000 to 1 percent of a railroad’s annual operating income.

In addition, the bill would support first responders who may have deal with the aftermath of a train derailment. It would establish a $1 million annual fee on railroads to pay for training local emergency responders who are the first on the scene to any accident. The new fund would go toward expanding Assistance for Local Emergency Response Training (ALERT) grants. Those grants would then focus on activities related to transporting crude oil, ethanol, and other flammable liquids, to also including any flammable material. 

The competitively awarded ALERT program provides trainings for volunteer or remote emergency responders consistent with National Fire Protection Association standard, Schumer’s office said.