An amendment numbered 3 printed in House Report 110-371 to allow state and local authorities to regulate solid waste management fa cilities. This amendment would state that the Surface Transportation Board does not have exclusive authority to preempt state and local regulation of solid waste management facilities, as defined in the amendment.

1. Adds SEC. 617. SURFACE TRANSPORTATION BOARD JURISDICTION OVER SOLID WASTE FACILITIES on page 80, line 7

   Adds a sectionPrinted page

   Inserted: SEC. 617. SURFACE TRANSPORTATION BOARD JURISDICTION OVER SOLID WASTE FACILITIES.

   Inserted: Section 10501 of title 49, United States Code, is amended--

   Inserted: (1) by striking "facilities," in subsection (b)(2) and inserting "facilities (except solid waste rail transfer facilities as defined in subsection (c)(3)(C)),"; and

   Inserted: (2) by adding at the end of subsection (c)(3) the following new subparagraph:

   Inserted: "(C) Nothing in this section preempts a State or local governmental authority from regulating solid waste rail transfer facilities. For purposes of this subparagraph, the term 'solid waste rail transfer facility' means the portion of any facility owned or operated by or on behalf of a rail carrier, at which occurs the--

   Inserted: "(i) collection, storage, or transfer, outside of original shipping containers;

   Inserted: "(ii) separation; or

   Inserted: "(iii) processing (including baling, crushing, compacting, and shredding), of solid waste, as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).".

   Original wording

   Page 80, after line 7, insert the following new section (and amend the table of contents accordingly):

Read automatically from the Congressional Record. Check the original before relying on it.

As printed