PRIA, Government Policy, Made Personal

Summary

The Secretary must form a working group of State and local officials, including national groups that represent governors, counties, cities, state legislatures, mayors, and a hazmat procedures alliance. The group will create uniform forms and procedures for States to register and issue permits to people who transport hazardous materials by motor vehicle. It may not recommend fee amounts. The group must send its recommendations to the Secretary within 18 months. Within 18 months after that, the Secretary must issue regulations and consider State needs for the transition. States may join the program voluntarily before regulations are issued.

Title 49, §5119

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(a)Establishment of Working Group.—

The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors’ Association, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures.

(b)Purpose of Working Group.—

The purpose of the working group shall be to develop uniform forms and procedures for a State to register, and to issue permits to, persons that transport, or cause to be transported, hazardous material by motor vehicle in the State.

(c)Limitation on Working Group.—

The working group may not propose to define or limit the amount of a fee a State may impose or collect.

(d)Procedure.—

The Secretary shall develop a procedure for the working group to employ in developing recommendations for the Secretary to harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with special attention paid to each State’s unique safety concerns and interest in maintaining strong hazmat safety standards.

(e)Report of Working Group.—

Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b).

(f)Regulations.—

Not later than 18 months after the date the working group’s report is delivered to the Secretary, the Secretary shall issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. In developing such regulations, the Secretary shall consider the State needs associated with the transition to and implementation of a uniform forms and procedures program.

(g)Limitation on Statutory Construction.—

Nothing in this section shall be construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations under subsection (f).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5119(a)49 App.:1819(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 121(a)–(g); added Nov. 16, 1990, Pub. L. 101–615, § 22, 104 Stat. 3271; Oct. 24, 1992, Pub. L. 102–508, § 507, 106 Stat. 3312. 5119(b)49 App.:1819(b), (c). 5119(c)(1)49 App.:1819(d). 5119(c)(2)49 App.:1819(e). 5119(c)(3)49 App.:1819(f). 5119(d)49 App.:1819(g). In subsection (a), before clause (1), the words “As soon as practicable after November 16, 1990” are omitted as obsolete. In subsection (c)(1), the words “Subject to the provisions of this subsection” and “to the Secretary” are omitted as surplus.

Editorial Notes

References in Text

The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.

Amendments

2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation and reporting,

Regulations

, and relationship to other laws. 1996—Subsec. (b)(2), Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

§5119 Uniform Forms and Procedures