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. 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 are able to enact some regulations, local governments have almost no power to impose and enforce safety standards.

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.

As Congress prepares the next piece of surface transportation reauthorization legislation, counties hope to see a title of that bill focused on rail safety, including 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 critical issue 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.
• In this upcoming surface transportation bill, 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.
• These 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.