| Home > 106th Congressional Bills > S. 3152 (is) To amend the Internal Revenue Code of 1986 to provide tax incentives for distressed areas, and for other purposes. [Introduced in Senate] ...
S. 3152 (is) To amend the Internal Revenue Code of 1986 to provide tax incentives for distressed areas, and for other purposes. [Introduced in Senate] ...
106th CONGRESS 2d Session S. 3151 To provide for the abatement of noise and other adverse effects of idling train engines, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 3 (legislative day, September 22), 2000 Mr. Torricelli introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To provide for the abatement of noise and other adverse effects of idling train engines, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds that-- (1) railroad activity has significantly increased in recent years; (2) rail intermodal traffic has increased by 40 percent over the last decade; (3) more than 9,000,000 containers and trailers traveled the Nation's rails in 1999, up 3.1 percent from the previous year; (4) the impact of increased railroad activity is having a negative impact on the quality of life of many communities throughout the United States; (5) increased noise associated with railroad activities is a serious and growing concern of many local communities; (6) current Federal laws fail to provide local communities with the authority to participate in railroad activity in their community; (7) Federal laws also fail to provide incentives to communities and railroads for noise abatement and other activities to address the concerns related to railroad activity; and (8) railroad noise abatement technology is an emerging component of transportation research and should be given greater support by the Federal Government. SEC. 2. STUDY OF ADVERSE EFFECTS OF IDLING TRAIN ENGINES. (a) Study Required.--The Secretary of Transportation shall provide under section 150303 of title 36, United States Code, for the National Academy of Sciences to conduct a study on noise impacts of railroad operations, including idling train engines on the quality of life of nearby communities, the quality of the environment (including consideration of air pollution), and safety, and to submit a report on the study to the Secretary. The report shall include recommendations for mitigation to combat rail noise, standards for determining when noise mitigation is required, needed changes in Federal law to give Federal, State, and local governments flexibility in combating railroad noise, and possible funding mechanisms for financing mitigation projects. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall transmit to Congress the report of the National Academy of Sciences on the results of the study under subsection (a). SEC. 3. CREDIT FOR PURCHASE AND INSTALLATION OF SOUND BARRIERS FOR THE ABATEMENT OF RAILROAD NOISE. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to general business credits) is amended by adding at the end the following: ``SEC. 45D. CREDIT FOR PURCHASE AND INSTALLATION OF SOUND BARRIERS AND THE IMPLEMENTATION OF OTHER ACTIVITIES FOR THE ABATEMENT OF RAILROAD NOISE. ``(a) In General.--For purposes of section 38, in the case of an eligible taxpayer, the amount of the railroad noise abatement credit determined under this section for any taxable year shall be the amount equal to 50 percent of the eligible railroad noise abatement expenditures for the taxable year. ``(b) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any rail carrier (including any railroad carrier, as defined in section 20102 of title 49, United States Code) that owns property adjacent to railroad tracks. ``(c) Eligible Railroad Noise Abatement Expenditures.--For purposes of this section-- ``(1) In general.--The term `eligible railroad noise abatement expenditures' means amounts paid or incurred by an eligible taxpayer for the purposes of installing sound barriers on property (owned by the taxpayer) adjacent to railroad tracks (including the costs of purchasing the sound barriers), and implementing other activities, to abate for populations in the vicinity of the operation of trains by that taxpayer the noise of the trains to levels within standards prescribed by the Administrator of the Environmental Protection Agency that are in effect as of the date of enactment of this section, but only if the taxpayer consulted on the sound barriers or other noise abatement activities, in advance, with the officials of the government of each municipality or other political subdivision of a State in which the taxpayer installs the sound barriers or engages in the other sound abatement activities. ``(2) Sound barriers.--The term `sound barriers' means any physical feature that abates the propagation of sound, including-- ``(A) trees, shrubbery, or other botanic life, or ``(B) a manmade structure. ``(3) Expenditures must be reasonable.--Amounts paid or incurred for the purposes described in paragraph (1) shall include only expenditures which are reasonable and shall not include expenditures which are unnecessary to accomplish such purposes. ``(d) Denial of Double Benefit.--In the case of the amount of the credit determined under this section-- ``(1) no deduction or credit shall be allowed for such amount under any other provision of this chapter, and ``(2) no increase in the adjusted basis of any property shall result from such amount.''. (b) Inclusion in General Business Credit.-- (1) In general.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the railroad noise abatement credit determined under section 45D(a).''. (2) Transition rule.--Section 39(d) of such Code (relating to transitional rules) is amended by adding at the end the following: ``(9) No carryback of section 45d credit before enactment.--No portion of the unused business credit for any taxable year which is attributable to the railroad noise abatement credit determined under section 45D may be carried back to a taxable year ending before the date of the enactment of section 45D.''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45D. Credit for purchase and installation of sound barriers for the abatement of railroad noise.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. RAILROAD NOISE ABATEMENT ACTIVITIES. The first sentence of section 130(a) of title 23, United States Code, is amended by inserting ``and the entire cost of activities for the abatement of the noise of trains (as defined by the Secretary), including construction of sound barriers on public lands or on private property with the consent of the property owner,''. SEC. 5. RAILROAD NOISE ABATEMENT RESEARCH. Section 20108(a) of title 49, United States Code, is amended by inserting before the period at the end the following: ``and research and development on technologies for the abatement of railroad noise''. SEC. 6. CONSOLIDATIONS, MERGERS, AND ACQUISITION OF CONTROL. Section 11324 of title 49, United States Code, is amended-- (1) in subsection (a), by inserting ``and the chief executive of any city'' after ``chief executive of each State''; and (2) in subsection (b)-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting a semicolon; and (C) by adding at the end the following: ``(6) the safety and environmental effects of the proposed transaction, which shall include thorough consideration of a traffic study and environmental impact statement, as well as complete consideration of any appropriate safety studies; ``(7) a federalism impact assessment that addresses the preemptive impact of, and associated costs incurred by State and local governments as a result of, such proposed transaction; and ``(8) all mitigation and impact costs attributed to the transaction, and the extent to which existing local standards will be compromised or lessened if the transaction is approved. SEC. 7. IMPACT OF RAIL CARRIER ACTIONS ON LOCALITIES. (a) Notification of Potential Impacts on Localities.-- (1) Requirement.--Before taking an action described in paragraph (2), a rail carrier shall transmit a notification of the planned action to the following: (A) Affected states.--To the chief executive of each State in which the action is to planned to be taken. (B) Affected communities.--To the chief executive of each municipality or other political subdivision of a State in which, or adjacent to which, the action is to planned to be taken. (2) Actions increasing noise.--The requirement for advance notification in paragraph (1) applies to the following actions: (A) Rail activation or expansion.--A rail activation or expansion. (B) Rail yard activation or expansion.--A rail yard activation or expansion. (C) Increased rail traffic.--An increase of rail traffic. (D) Other increases in noise of rail traffic.--Any action that increases the noise of rail traffic. (E) Land acquisitions.--A land acquisition. (F) Other.--The initiation of any other new or newly modified rail carrier operation to which the Secretary of Transportation applies the notification requirement under this subsection in regulations prescribed by the Secretary. (b) Opportunity for Public Comment.-- (1) Comment period.--The Secretary of Transportation shall promulgate regulations that provide localities with a right to submit to the Secretary public comments on the commencement of an activity for which a notification is required under subsection (a). The period for the submission of comments shall be not less than 30 days prior to the commencement of the activity. (2) Appeals.--The Secretary shall also provide localities with the opportunity to appeal to the Secretary for a final determination of any action that may be taken within the Department of Transportation on the activity. (3) Suspension of action pending comment and appeal.--A rail carrier may not initiate any action to which subsection (a) applies during the period provided under paragraph (1) for public comment on the action nor during a period for which an appeal of the action is pending under paragraph (2). <all>
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