Budget Amendment ID: FY2015-S4-636-R2

2nd Redraft EPS 636

Ethanol Safety

Messrs. Petruccelli and DiDomenico and Ms. Jehlen moved that the proposed new text be amended moved to amend the bill by inserting after section 125 the following section:-

“Section 125A. (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 permitting the development of rail lines or rail facilities for the transportation of ethanol to ethanol storage or blending facilities in the cities of Cambridge, Revere, Everett, Somerville, the East Boston section of the city of Boston or the Chelsea Creek Designated Port Area until January 1, 2019.

(b) Notwithstanding any general or special law to the contrary, the status of licenses issued under said 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, MEMA, shall develop a comprehensive plan for how state agencies shall prepare for and respond to incidents involving the transportation of ethanol by rail.  Additionally, MEMA shall develop a comprehensive municipal planning guide and plan template that may be used by a municipality, through which ethanol is transported by rail, to develop a plan for how the municipality will prepare for and respond to incidents involving the transportation of ethanol by rail.  MEMA shall provide technical guidance to a municipality seeking assistance for the implementation of the municipal planning guide.  The response plan shall be developed in consultation with Massachusetts Department of Transportation, the division of fire services, the Department of Homeland Security, the Federal Railroad Administration, the United States Department of Transportation , the National Transportation Safety Board and 1 representative appointed jointly by the fire chiefs of the cities of Cambridge, Boston, Revere, Everett and Chelsea. The response plan shall include, but not be limited to, the following: (i) training related to ethanol and other flammable materials; (ii) identification of critical facilities along the potential ethanol transportation routes, which may include consequence modeling of incidents near such facilities; (iii) 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; (iv) potential evacuation routes and procedures for when the public should be advised to shelter in place; (v) methods to communicate with limited English language speakers in the event of an incident; and (vi) necessary improvements to the transportation, infrastructure and rail facilities to be utilized during ethanol transport. On or before January 1, 2017, MEMA shall file the response plan with the joint committee on public safety and homeland security; provided, however, that an interim report on the status of the response plan and recommendations for an extension shall be filed on or before July 1, 2015. The response plan may also include legislative recommendations that MEMA considers appropriate. The response plan shall include a methodology under which an entity receiving ethanol by rail shall be assessed to provide funding for the development of the response plan and the training, equipment and 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 receiving ethanol by rail to fund the development of the response plan and the mitigation measures recommended by MEMA in the response plan.”