OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 250 Bill Analysis
135th General Assembly
Click here for S.B. 250’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Reineke
Effective date:
Rocky Hernandez, Attorney
SUMMARY
 Creates separate spacing requirements for wayside detector system (WDS) installation
based on the type of railroad carrier, as defined in federal regulation, as follows:
 For a Class I Carrier railroad, the spacing requirement is not more than ten miles (the
same as the distance in current law for all railroads);
 For a Class II Carrier railroad, the spacing requirement is not more than 25 miles;
 For a Class III Carrier railroad, the spacing requirement is not more than 35 miles.
 Allows, under certain circumstances, for each railroad carrier class to place the next
adjacent WDS up to five miles outside the applicable WDS spacing requirement.
 Requires Class II and Class III Carriers, prior to deviation, to submit a written explanation
to the Public Utilities Commission (PUCO) for the deviation.
 Exempts any railroad track owned or leased by a Class II or Class III Carrier that has a
speed limit of ten miles per hour or less from the WDS spacing requirements.
 Requires PUCO, not later than December 31, 2028, to complete a review of train
derailments in Ohio using certain statistics over the course of three years proceeding
the bill’s effective date, a copy of which must be sent to the Governor, President of the
Senate, Speaker of the House, and the Minority leaders of both Chambers.
 Recodifies other WDS provisions of current law.
April 30, 2024
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Positioning wayside detector systems
Railroad carrier classifications
The bill uses the following classifications from federal regulations to separate categories
of railroad carrier based on operating revenue after applying a deflator formula provided in the
regulations:
 Class I: carriers having an operating revenue of $900 million or more;
 Class II: carriers having an operating revenue in excess of $40.4 million but less than
$900 million;
 Class III: carriers having an operating revenue of $40.4 million or less.1
Spacing requirements
The bill creates separate spacing requirements for each railroad carrier class for the
placement of each adjacent wayside detector system (WDS). Under the bill, any person
responsible for WDS installation alongside, or on, a railroad must ensure that each WDS is the
following distance from each adjacent WDS location:
 For a Class I Carrier railroad, the spacing requirement is not more than ten miles;
 For a Class II Carrier railroad, the spacing requirement is not more than 25 miles;
 For a Class III Carrier railroad, the spacing requirement is not more than 35 miles.
Under current law, the spacing requirement is not more than ten miles for all railroads,
regardless of class.2
Exemptions to WDS spacing requirements
Five-mile allowance
The bill allows all railroad carrier classes to extend the spacing requirement described
immediately above not more than five miles if the natural terrain or any other reason exists
that does not allow for the placement of the next adjacent WDS to be within the required
parameters. Under current law, spacing could be extended not more than 15 miles (ten miles
more than the bill provides).3
1R.C. 4955.50(A)(3); 49 Code of Federal Regulations (C.F.R.) Part 1201 1-1 (A technical amendment is
needed to correct a mistaken cross reference to the federal regulation, which the bill refers to as
49 C.F.R. Part 1204 1-1.)
2 R.C. 4955.51.
3 R.C. 4955.55(A).
P a g e |2 S.B. 250
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
The bill, however, requires Class II and Class III Carriers, “prior to the installation of a
(WDS) outside the spacing requirements as described in (the provision creating the five-mile
allowance)” to submit a written explanation for the deviation to the Public Utilities Commission
(PUCO). It is somewhat ambiguous as to whether the bill requires the explanation for deviation
from (1) the five-mile allowance or (2) the spacing requirements. Because the bill does not
expressly provide for deviation from the five-mile allowance as it does for the spacing
requirements, the explanation probably applies to use of the five-mile allowance and not
deviation from it. This ambiguity could be easily clarified with a corrective amendment.4
Railroad tracks with low speed limit
The bill exempts any railroad track owned or leased by a Class II or Class III Carrier that
has a speed limit of ten miles per hour or less from the WDS spacing requirements.5
Three-year review
The bill requires PUCO, not later than December 31, 2028, to complete a review of train
derailments in Ohio using statistics from the Federal Railroad Administration to identify
derailments due to bearing or axle failure over the three years “proceeding”6 the bill’s effective
date. PUCO must then send a copy of the review to the following:
 The Governor;
 The President of the Senate;
 The Speaker of the House of Representatives;
 The Minority Leaders of both the Senate and the House.7
Recodification
The bill recodifies two provisions of current law (one regarding receiving messages from
a WDS and the other regarding the Department of Transportation and PUCO ensuring the WDS
spacing requirements and the WDS messaging provisions are being complied with) without
making any substantive changes.8
4 R.C. 4955.55(B).
5 R.C. 4955.57.
6The bill requires review of derailments “over the three years proceeding the effective date” of the bill.
This phrasing may be construed as ambiguous. A corrective amendment is needed to change this to
“proceeding from” or “following” if the intention is to review three years following the bill’s effective
date.
7 Section 3.
8 R.C. 4955.52 and 4955.53, recodified from R.C. 4955.51(B) and (C), respectively, with appropriate
cross-reference changes.
P a g e |3 S.B. 250
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 04-23-24
ANSB0250IN-135/ks
P a g e |4 S.B. 250
As Introduced


Statutes affected:
As Introduced: 4955.50, 4955.51