HR 2204 Introduced – LPG Transload Facility Regulation

Last week Rep McGovern (D,MA) introduced HR 2204, the Safe Communities Act of 2015. The bill would remove certain liquefied petroleum gas transload facilities from regulation by the Surface Transportation Board (STB).

The bill modifies 49 USC 10501, the statute that defines the jurisdiction of the STB. First it adds a new definition to §10501(c)(1):

“The term ‘liquefied petroleum gas rail transload facility’ means the portion of a facility owned or operated by or on behalf of a rail carrier where liquefied petroleum gas, as a commodity to be transported for a charge, is collected, stored, separated, processed, treated, managed, disposed of, or transferred, but such term does not include activities taking place at such portion that are comprised solely of the railroad transportation of liquefied petroleum gas after the liquefied petroleum gas is loaded for shipment on or in a rail car, including railroad transportation for the purpose of interchanging railroad cars containing liquefied petroleum gas”.

The bill then adds ‘a liquefied petroleum gas rail transload facility’ to the short list of railroad facilities that are not subject to the STB’s jurisdiction §10501(c)(1). This change allows State or local governments to regulate such facilities, but federal safety regulations still apply to such facilities.

Moving Forward

Since McGovern is not a member of the House Transportation and Infrastructure Committee. It is very unlikely that this bill will be considered by that Committee. Normally I would expect that this bill was introduced for consumption in the home district, but there is no mention of it on his official web site.

Bills Introduced – 05-01-15

Forty-five bills were introduced in the House yesterday (the Senate was not in session). Three of those bills may be of specific interest to readers of this blog:

HR 2200 To amend the Homeland Security Act of 2002 to establish chemical, biological, radiological, and nuclear intelligence and information sharing functions of the Office of Intelligence and Analysis of... Rep. McSally, Martha [R-AZ-2]

HR 2204 To clarify the authority of States and political subdivisions thereof to regulate liquefied petroleum gas rail transload facilities that are owned or operated by or on behalf of a rail carrier. Rep. McGovern, James P. [D-MA-2]

HR 2205 To protect financial information relating to consumers, to require notice of security breaches, and for other purposes. Rep. Neugebauer, Randy [R-TX-19]

HR 2200 will probably see action because McSally is chair of the subcommittee to which this bill will probably be assigned for consideration. As a military veteran she has expressed a personal interest in CBRN issues.

As pressures rise to require the reduction of crude oil volatility the handling of liquefied petroleum gas will become more of an issue. McGovern is not on the House Transportation Committee, however, so HR 2204 will probably not go anywhere.

HR 2205 is yet another breach notification bill. Neugebauer is a senior member of the House Financial Services Committee (one of two committees assigned to consider the bill) so there may be enough political will to get this bill to consideration.