Maintain and Expand Rail Safety Protections for Local Communities

Action Needed

Urge your Members of Congress and federal agencies to support rail safety improvements and work closely with counties to protect communities across the nation.

Background

Counties play a vital role in managing and supporting local transportation systems, investing over $146 billion in transportation infrastructure construction and maintenance every year. Additionally, protecting community safety as it pertains to transportation remains a top priority for county officials.

Railroads, particularly at-grade highway-rail crossings, pose a unique safety and jurisdictional challenge for county leaders. Despite there being more than 140,000 miles of railroads across the country and thousands of at-grade highway-rail crossings along county roads, the federal government retains almost complete jurisdiction over railroads. While state governments may enact some regulations, local governments have almost no power to impose and enforce safety standards, leaving them without mechanisms to address community safety concerns and disruptions to commerce.

Per data from the Federal Railroad Administration, there are more than 2,000 incidents at at-grade highway-rail crossings every year, which cost more than 200 Americans their lives annually. Rail safety concerns also gained further visibility after a freight train carrying hazardous materials derailed in Columbiana County, Ohio in February of 2023. The derailment and subsequent vent-and-burn caused environmental damage and health concerns for residents of Ohio and Pennsylvania.

In the wake of that derailment, several bipartisan bills aimed at improving rail safety in local communities were introduced during the 118th Congress and have since been reintroduced in the 119th Congress. These include the Railway Safety Act of 2025 (H.R. 928), the Decreasing Emergency Railroad Accident Instances Locally (DERAIL) Act (H.R. 854), the Assistance for Local Heroes During Train Crises Act (H.R. 853), and the Reducing Accidents In Locomotives (RAIL) Act (H.R. 971).

These bills largely focus on enhancing the safety and efficiency of freight rail infrastructure through measures such as targeted grant programs, modernization of aging tank cars, and expanded training and resources for hazardous materials response.

NACo endorsed the Railroad Responsibility Act (H.R. 341), which would provide states with more authority to regulate blocked rail crossings. During consideration of proposed surface transportation reauthorization legislation (H.R. 8870) in May 2026, the U.S. House Transportation and Infrastructure Committee adopted the entire Railway Safety Act as an amendment to the legislation. This bill would strengthen rail safety by requiring the use of more wayside defect detectors, enhanced inspection standards and expanded hazardous materials regulations. The bill would also create a new fund at the U.S. Department of Transportation that would be able to quickly reimburse first responders in the event of a derailment.

As Congress continues consideration of surface transportation reauthorization legislation, counties urge lawmakers to include rail safety measures to:

• Increase levels of funding for grade crossing safety and elimination programs
• Empower states and local governments to enact and enforce blocked crossing standards
• Continue studying pressing safety issues like risk routing assessments and train lengths
• Strengthen tank car and braking standards
• Provide support to counties in the event of disastrous derailments

Additionally, counties urge the U.S. Department of Transportation and the Federal Railroad Administration to consult closely with counties and other intergovernmental partners before making any changes to regulations.

Key Talking Points

• Rail safety is a core priority for counties. Because counties lack the authority and jurisdiction needed to create and enforce rail regulations on our own, we are reliant on the federal government to keep our communities safe.
• During the surface transportation reauthorization process, counties urge Congress to improve safety using thoughtful and intentional measures made in partnership with state and local governments that will best safeguard America’s counties and our residents.
• High-priority rail safety measures include funding grade separations, expanded enforcement authority for preventing blocked crossings, continuing routing risk assessments, maintaining full levels oversight staff, rulemaking on enhanced tank car and braking standards and financial support for counties after major rail safety incidents.