Bill Summary – FastDemocracy

Enrolled Copy                                                                           H.B. 63
                                   OFFICE OF RAIL SAFETY
                                        2023 GENERAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Mike Schultz
                               Senate Sponsor: Michael K. McKell
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 LONG TITLE
 General Description:
        This bill creates the Office of Rail Safety within the Department of Transportation.
 Highlighted Provisions:
        This bill:
        < creates the Office of Rail Safety;
        < requires application and a request for certification with the Federal Railroad
 Administration;
        < upon certification, requires the Office of Rail Safety to assume the inspection and
 investigation functions in certain aspects of the railroad operations;
        < allows the Office of Rail Safety to regulate and monitor time limits on the blocking
 of railroad-highway grade crossings;
        < requires railroads to pay a fee to cover the costs of the inspections;
        < grants rulemaking power to the Department of Transportation to make rules related
 to the implementation of the Office of Rail Safety and employee safety standards
 related to walkways and clearances; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
        This bill provides a coordination clause.
       H.B. 63
                                                                                       Enrolled Copy
 Utah Code Sections Affected:
 AMENDS:
        72-1-203, as last amended by Laws of Utah 2019, Chapter 479
 ENACTS:
        72-17-101, Utah Code Annotated 1953
        72-17-102, Utah Code Annotated 1953
        72-17-103, Utah Code Annotated 1953
        72-17-104, Utah Code Annotated 1953
        72-17-105, Utah Code Annotated 1953
        72-17-106, Utah Code Annotated 1953
        72-17-107, Utah Code Annotated 1953
        72-17-108, Utah Code Annotated 1953
 Utah Code Sections Affected by Coordination Clause:
        72-7-102, Utah Code Annotated 1953
        72-7-601, Utah Code Annotated 1953
        72-7-602, Utah Code Annotated 1953
        72-17-201, Utah Code Annotated 1953
        72-17-202, Utah Code Annotated 1953
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 72-1-203 is amended to read:
        72-1-203. Deputy director -- Appointment -- Qualifications -- Other assistants
 and advisers -- Salaries.
        (1) The executive director shall appoint two deputy directors, who shall serve at the
 discretion of the executive director.
        (2) (a) The deputy director of engineering and operations shall be a registered
 professional engineer in the state and is the chief engineer of the department.
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       Enrolled Copy                                                                           H.B. 63
        (b) The deputy director of engineering and operations shall assist the executive director
 with areas of responsibility that may include:
        (i) project development, including statewide standards for project design and
 construction, right-of-way, materials, testing, structures, and construction;
        (ii) oversight of the management of the region offices described in Section 72-1-205;
        (iii) operations and traffic management;
        (iv) oversight of operations of motor carriers and ports;
        (v) oversight and enforcement of railroad safety requirements as described in Chapter
 17, Office of Rail Safety;
        [(v)] (vi) transportation systems safety;
        [(vi)] (vii) aeronautical operations; and
        [(vii)] (viii) equipment for department engineering and maintenance functions.
        (c) The deputy director of planning and investment shall assist the executive director
 with areas of responsibility that may include:
        (i) oversight and coordination of planning, including:
        (A) development of statewide strategic initiatives for planning across all modes of
 transportation;
        (B) coordination with metropolitan planning organizations and local governments; and
        (C) corridor and area planning;
        (ii) asset management;
        (iii) programming and prioritization of transportation projects;
        (iv) fulfilling requirements for environmental studies and impact statements;
        (v) resource investment, including identification, development, and oversight of
 public-private partnership opportunities;
        (vi) data analytics services to the department;
        (vii) corridor preservation;
        (viii) employee development;
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        H.B. 63
                                                                                          Enrolled Copy
           (ix) maintenance planning; and
           (x) oversight and facilitation of the negotiations and integration of public transit
 providers described in Section 17B-2a-827.
           Section 2. Section 72-17-101 is enacted to read:
                                          CHAPTER 17. RAIL SAFETY
                                           Part 1. Office of Rail Safety
           72-17-101. Office of Rail Safety -- Creation -- Applicability.
           (1) In accordance with 49 C.F.R. Part 212, State Safety Participation Regulations, there
 is created within the department an Office of Rail Safety.
           (2) As described in 49 C.F.R. Secs. 212.105 and 212.107, to organize the Office of
 Rail Safety, the executive director shall:
           (a) enter into an agreement with the Federal Railroad Administration to participate in
 inspection and investigation activities; and
           (b) obtain certification from the Federal Railroad Administration to undertake
 inspection and investigative responsibilities and duties.
           (3) In establishing the Office of Rail Safety in accordance with the duties described in
 49 C.F.R. Part 212, the department may hire personnel and establish the duties of the office in
 phases.
           (4) This chapter applies to:
           (a) a class I railroad; and
           (b) commuter rail.
           Section 3. Section 72-17-102 is enacted to read:
           72-17-102. Definitions.
           As used in this chapter:
           (1) "Class I railroad" means the same as that term is defined in 49 U.S.C. Sec. 20102.
           (2) "Commuter rail" means the same as that term is defined in Section 63N-3-602.
           (3) "Federal Railroad Administration" means the Federal Railroad Administration
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        Enrolled Copy                                                                              H.B. 63
 created in 49 U.S.C. Sec. 103.
         (4) "Office" means the Office of Rail Safety created in accordance with Section
 72-17-101.
         (5) "Railroad" means the same as that term is defined in 49 C.F.R. Sec. 200.3.
         Section 4. Section 72-17-103 is enacted to read:
         72-17-103. Duties of the Office of Rail Safety.
         (1) In accordance with 49 C.F.R. Part 212, and the authorization granted from the
 Federal Railroad Administration, the office shall perform the inspection, compliance, and
 enforcement duties in the following areas:
         (a) grade crossings;
         (b) hazardous materials;
         (c) motive power and equipment;
         (d) operating practices;
         (e) signal and train control; and
         (f) track.
         (2) As part of the responsibilities described in Subsection (1), the office shall:
         (a) inspect and investigate railroad rights-of-way, facilities, equipment, and operations
 of railroads in this state;
         (b) notify a railroad of any violation or lack of compliance with applicable state and
 federal laws, rules, regulations, orders, and directives;
         (c) enforce applicable state and federal laws, rules, regulations, orders, and directives
 relating to the transportation by rail of persons or commodities; and
         (d) issue orders to require compliance with state and federal laws, rules, regulations,
 orders, and directives.
         (3) The office shall employ a sufficient number of federally certified inspectors and
 staff to ensure that railroad equipment, facilities, and tracks are inspected as frequently as
 reasonably required to ensure compliance and safety as required under state and federal law.
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        H.B. 63
                                                                                        Enrolled Copy
        (4) (a) The office shall investigate railroad practices related to the length of time a
 railroad blocks a highway-railroad grade crossing.
        (b) Upon petition of a political subdivision, or upon the office's own motion, the office
 may:
        (i) conduct an investigation of the conditions related to a grade crossing; and
        (ii) if necessary, conduct a hearing, make findings, and issue an order to determine
 whether highway-railroad crossing blocking practices of the railroad are reasonable.
        (c) (i) The office shall examine and inspect the physical condition of all railroad
 facilities in this state to ensure compliance with safety requirements.
        (ii) As part of the inspection and examination of railroad facilities and crossings, the
 office shall include an examination and inspection of:
        (A) the condition of railroad facilities and crossing infrastructure;
        (B) whether expansion of grade crossing infrastructure or other changes are justified
 based on the traffic and safety conditions; and
        (C) other safety considerations required by federal law.
        (d) If the office determines that a railroad's highway-railroad crossing blocking
 practices are unreasonable, the office shall:
        (i) request the Federal Railroad Administration take enforcement actions pursuant to 49
 C.F.R. Sec. 212.115; and
        (ii) notify the Surface Transportation Board defined in 49 U.S.C. Sec. 10102 of the
 unsafe and unreasonable practices.
        (e) If the office finds a violation of safety requirements as described in this section or
 in federal law, and the office requests an enforcement action and Federal Railroad
 Administration does not take enforcement action as described in 49 C.F.R. Sec. 212.115, the
 office may seek a civil penalty not less than $500 and no more than $10,000 for each offense.
        (5) (a) The office shall examine and inspect the physical condition of all railroad
 facilities in this state to ensure compliance with safety requirements.
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        Enrolled Copy                                                                              H.B. 63
        (b) If an inspector determines that a railroad facility is noncompliant, the office shall
 provide written notice to the railroad.
        (c) If a railroad receives a notice described in Subsection (5)(b), the railroad shall
 remedy the condition or practice within 30 days of the date of the notice.
        (d) If after 30 days from the date of the notice the railroad has not remedied the
 condition or practice to the office's satisfaction, the office may set the matter for hearing.
        (e) After a hearing described in Subsection (5)(d), if the office determines that the
 condition or practice is noncompliant and the railroad has not made reasonable efforts to
 remedy the condition or practice, the office may issue an order requiring the railroad to:
        (i) eliminate or remedy the unsafe or unlawful condition or practice; or
        (ii) make any necessary repairs, alterations, or other changes to the relevant condition
 or practice to ensure compliance with state and federal law.
        (f) In addition to any order issued under Subsection (5)(e), after a hearing described in
 Subsection (5)(d), if the office determines that the condition or practice is noncompliant and
 the railroad has not made reasonable efforts to remedy the condition or practice, and the
 condition or practice is so hazardous as to place a railroad employee or the public in immediate
 danger, the office may issue an order requiring the railroad:
        (i) after 48 hours' written notice to the railroad, issue an order prohibiting:
        (A) the unsafe or unlawful practice; or
        (B) the use of the facility until completion of the necessary repair, alteration, or other
 necessary changes; and
        (ii) pay a civil penalty of not more than $10,000 per violation or per day of violation of
 state or federal law, or a rule made in accordance with Subsection (6) or Section 72-17-107.
        (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 department shall make rules necessary to:
        (a) establish the Office of Rail Safety as required in this part;
        (b) establish and enforce rules regarding safe and reasonable procedures and standards
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        H.B. 63
                                                                                          Enrolled Copy
 regarding the blocking of grade crossings, which standards and limits shall be commensurate
 with reasonable requirements of train and vehicular traffic operations;
         (c) enforce this part and relevant state and federal law related to this part; and
         (d) administer the Office of Rail Safety as described in this part.
         Section 5. Section 72-17-104 is enacted to read:
         72-17-104. Federal Railroad Administration Grant Program.
         After reaching an agreement with and receiving the certification from the Federal
 Railroad Administration as described in Section 72-17-101, the office may apply for Railroad
 Safety Grants as often as permitted by the Federal Railroad Administration.
         Section 6. Section 72-17-105 is enacted to read:
         72-17-105. Establishment of administrative fees -- Payment -- Expenditures.
         (1) (a) The office shall annually determine a fee to be paid by each railroad that
 operated within the state and is subject to the jurisdiction of the office on a pro rata basis as
 described in Subsection (2).
         (b) The office and the department shall establish the annual fee to produce a total
 amount not less than the amount required to regulate railroads and carry out the duties
 described in this part.
         (c) The office shall use the revenue generated by the fees paid by each railroad for the
 investigation and enforcement activities of the office as authorized under this part.
         (2) (a) For grade crossings inspections and services, the office shall establish and each
 railroad shall pay a fee based on:
         (i) as of January 1 of each year, the number of crossings the railroad operates within
 this state that cross a highway, whether at grade, by overhead structure, or subway; and
         (ii) the frequency of use of each crossing the railroad operates, including:
         (A) the frequency of train operation at the crossing; and
         (B) the frequency of highway traffic at the crossing.
         (b) For hazardous materials related inspections and services, the office shall establish
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        Enrolled Copy                                                                                H.B. 63
 and each railroad shall pay a fee based on the tonnage of hazardous materials transported in this
 state during a given year.
         (c) For motive power and equipment related inspections and services, the office shall
 establish and each railroad shall pay a fee based on the number of motive power units and other
 equipment units operated by the railroad in this state.
         (d) For track related inspections and services, the office shall establish and each
 railroad shall pay a fee based on the number of miles of track owned or operated by the railroad
 within this state.
         (e) For signal and train control inspections and services, as well as operating practices
 inspections and services, the office shall establish and each railroad shall pay a fee based on
 gross operating revenue of each railroad generated within this state.
         (f) (i) For inspection services related to commuter rail, notwithstanding any other
 agreement, a county or municipality with commuter rail service provided by a public transit
 district may request local option transit sales tax in accordance with Section 59-12-2206 and
 spend local option transit sales tax in the amount requested by the office.
         (ii) A county or municipality that requests local option transit sales tax as described in
 Subsection (2)(f)(i) may transmit to the office the funds requested under Subsection (2)(f)(i)
 and transmitted to the county or municipality under Subsection 59-12-2206(5)(b).
         (iii) A county or municipality that requests local option transit sales tax as described in
 Subsection (2)(f)(i) may not request more local option trans