Amendment #392, as changed to H.4000

Amendment #392, as changed to H4000

Ethanol storage

Representatives Provost of Somerville, Toomey of Cambridge, Hecht of Watertown, Sannicandro of Ashland, Atkins of Concord, Keefe of Worcester, Khan of Newton, Rogers of Cambridge, Livingstone of Boston, Brodeur of Melrose, Matewsky of Everett, Farley-Bouvier of Pittsfield, Decker of Cambridge, Walsh of Framingham, Garballey of Arlington and Honan of Boston moves to amend amendment 392 by striking it out in its entirety and inserting in place thereof the following:-

Representatives Provost of Somerville, Toomey of Cambridge, Hecht of Watertown, Sannicandro of Ashland, Atkins of Concord, Keefe of Worcester, Khan of Newton, Rogers of Cambridge, Livingstone of Boston, Brodeur of Melrose, Matewsky of Everett, Farley-Bouvier of Pittsfield, Decker of Cambridge, Walsh of Framingham, Garballey of Arlington and Honan of Boston move to amend the bill by adding the following section:

SECTION XXXX: (a) Notwithstanding any general or special law to the contrary, no license shall be issued under section 14 of chapter 91 of the General Laws to an ethanol storage or blending facility in Cambridge, Chelsea, East Boston, Everett, Revere, Somerville or Chelsea Creek Designated Port Areas until January 1, 2017, unless ethanol transport is by barge, ship, or other marine vessel.

(b) Notwithstanding any general or special law to the contrary, the status of licenses issued under section 14 of said chapter 91 before the effective date of this section shall not be impacted by this section.

(c) Notwithstanding any general or special law to the contrary, the Massachusetts emergency management agency, in this section called MEMA, shall develop a comprehensive ethanol transport response plan with specific plans for all municipalities that accommodate the transport of ethanol by rail. The response plan shall be developed in consultation with the Massachusetts department of transportation, the division of fire services, the department of environmental protection, the department of public health, the public safety departments of the impacted municipalities, the federal Department of Homeland Security, the Federal Railroad Administration, the National Transportation Safety Board, and other relevant federal, state and local agencies and entities that would be involved in emergency response within the specified communities or could be involved in the investigation of rail, route, or shipper safety issues. At least one community representative from each of the following municipalities shall be consulted to assist with developing the response plan: Cambridge, Chelsea, East Boston, Everett, Pittsfield, Revere, Somerville, Springfield and Worcester.

The response plan shall include, but not be limited to, the following: (1) training related to ethanol and other flammable materials; (2) identification of critical facilities along the potential ethanol transportation routes, which may include consequence modeling of incidents near such facilities; (3) development of a regional foam response task force, including an inventory and analysis of the amount of alcohol-resistant foam needed to combat an ethanol related accident and the vehicles and equipment needed to utilize the foam effectively; (4) potential evacuation routes and procedures for when the public should be advised to shelter in place; (5) methods to communicate with limited English language speakers in the event of an incident; and (6) necessary improvements to the transportation, infrastructure, and rail facilities to be utilized during ethanol transport.

On or before January 1, 2016, MEMA shall file the response plan with the joint committee on public safety and homeland security; provided further, that an interim report on the status of the response plan and any recommendations for an extension shall be filed on or before July 1, 2015. The response plan may also include any legislative recommendations that MEMA considers appropriate. The response plan shall include a methodology under which any entity transporting or receiving ethanol by rail shall be assessed to provide funding for the development of the response plan and the training, equipment and any other mitigation measures as recommended by the response plan. Impacted municipalities and agencies shall pursue federal grants as necessary in order to subsidize, to the extent feasible, the cost of the training and equipment recommended by the response plan. MEMA shall issue regulations to establish the means and methods by which it will assess entities transporting ethanol by rail to fund the development of the response plan and the mitigation measures recommended by MEMA in the response plan.