Congress is expected to act before the end of the month on legislation to extend the December 31 deadline for railroads to install “positive train control” (PTC) anti-crash technology on rails that carry hazardous substances like gaseous chlorine and anhydrous ammonia. The PTC measure is anticipated to pass Congress as part of a short-term transportation authorization bill that must become law before October 29.
The PTC extension has taken a roundabout path up Capitol Hill. The U.S. Senate approved a three-year PTC extension in July as part of a larger transportation policy bill, and on October 22 the House Transportation and Infrastructure Committee tucked a similar extension into the 500-plus-page “Surface Transportation Reauthorization and Reform (STRR) Act” (H.R. 3763). An extension was also introduced in October as a stand-alone bill in the House of Representatives, and has attracted widespread bipartisan support (see related story).
The PTC language added to the STRR Act would delay the implementation mandate until December 31, 2018 while also providing federal regulators flexibility to offer railroads additional extensions of up to two years on a case-by-case basis. But because the overall bill is not expected to become law before mid-November, congressional leaders have also inserted the PTC language into a short-term transportation policy extension that lawmakers plan to approve by the end of October. That bill (H.R. 3819) would continue federal transportation programs through November 20, giving time for House and Senate negotiators to agree on a final long-term transportation policy package. H.R. 3819 must become law by October 29 in order for federal highway and transportation projects to continue uninterrupted, so quick passage through both chambers is anticipated.
The PTC issue has increased in urgency over the past several months as it has become clear that the vast majority of U.S. railroads will not meet the current statutory December 31 deadline for implementing PTC. Facing the prospect of daily federal fines for non-compliance, some railroads have threatened to suspend chemical shipments as early as mid-November – a tactic that could halt deliveries of critical water treatment chemicals.
Even though Congress appears on the cusp of postponing the PTC implementation deadline, water utilities may still wish to contact their senators and representatives on this issue. AMWA circulated a sample letter to Congress on PTC earlier this month, but if you would like another copy please contact AMWA’s Dan Hartnett at [email protected].