Washington, DC - My name is Gene Green, and I am a member of the United States House of Representatives representing the 29th Congressional District.  I come before you as both a Member of Congress and as a resident of Harris County.

 

Having read the STB’s December 6 Draft Environmental Impact Study (EIS) on the San Jacinto Rail Limited project, I am extremely disappointed in the conclusions reached in this document.  I am especially frustrated that the Draft EIS claims that the environmental and mobility impacts on the East End will be “negligible.”  Nothing could be further from the truth.

 

We already have severe traffic congestion problems in the East End because of existing train traffic blocking many of our local interchanges.  If it is a problem now, it stands to reason that more trains will only make the problem worse and there will be more than two trains a day.

 

According to a January 6, 2003 article published in the Houston Chronicle, “each day, at least 150 loaded cars go out of Bayport and 150 empty cars come in on a Union Pacific track that hugs the Ship Channel along Texas 225 through Pasadena and Deer Park.  About half of the traffic continues through an industrial area that skirts the East End; the other half is pushed right through the neighborhood.”  In fact, during peak production times, the number of cars can be as much as 600 cars a day.  I would like to submit the entire Houston Chronicle article as part of my statement.

 

In previous letters to you, I have recommended if you approve this project, that you also make it contingent on the building of at least three grade separations (one at Howard Street and Galveston Road at the Chavez High School where we are at tonight; one at Broadway and Galveston Road, next to Milby High School; and one at Spencer Highway where it crosses the GH&H Rail line).  These three grade separations will provide safer access to several of our local schools and to our local HAZMAT response station.  Unfortunately, these requests were not included in the Draft EIS.

 

Trains have become such a burden to the East End that Houston City Councilmember Carol Alvarado and I have formed a rail task force to try and deal with some of the problems associated with having a large concentration of trains in a very urban area.

 

The East End Rail Task Force, with the financial assistance of UP and BNSF, has asked the Texas Transportation Institute at Texas A&M University to conduct a study on the impacts of increased rail traffic in and around the East End neighborhoods.  The TTI study is important because it assesses the current grade crossing concerns in the East End.  This study will provide a very good baseline for the current rail situation in the East End will give the STB the data it needs to prevent additional train traffic in the area.  I thank you for extending the comment period and for considering this study.

 

Since the creation of the STB in January of 1996, the STB has exhibited little or no value on the public comments of ordinary citizens.  There is overwhelming public opposition to this project and you have done nothing but move in an expedited manner.  That is why I will introduce legislation when the Congress reconvenes on January 28 that will require the giving of a greater weight to local concerns.

 

Another article in the Houston Chronicle, published on January 9, 2003, clearly details the use of false data by BNSF in filing their application.  “When the data used to map the route is corrected to reflect residents who identified themselves as Hispanics, which was not a main census category, the figures show that communities affected by the new trains are overwhelmingly Latino…By law and executive order, all federal agencies are required to assess whether a proposal’s adverse effects fall disproportionately on minority communities.”  I also ask that this entire article be considered as part of my statement.

 

Our bill will require that local public concerns be taken into greater consideration than in the past when considering the “public convenience and necessity” standard and will require the STB to use a higher standard in addressing public comments when a proposal is in a residential area.  The bill will also require the determination of whether a proposal would have a disproportionate impact on either minority areas or economically disadvantaged areas.  Finally, it would require the STB to investigate an applicant that provides false material information, and require the automatic denial of the application if the information was intentionally provided.

 

I don’t disagree that the chemical companies in the Bayport Loop should have competition, but that competition should not come at the expense of my constituents.  I would strongly encourage the STB to look at other options that would have the least impact on residential areas.