PRINTER'S NO. 1025

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1028

Session of

2023

INTRODUCED BY MATZIE, MARSHALL, NEILSON, PISCIOTTANO, MALAGARI,

MARKOSEK, CIRESI, SALISBURY, DEASY, VENKAT, BENHAM,

OBERLANDER, HARKINS, McNEILL, MADDEN, SANCHEZ, SCHLOSSBERG,

Consolidated Statutes, in railroads, providing for

prohibition on blocking of crossings, for limitation on

length of freight or work trains, for authorization to

monitor safety practices and operations by collective

bargaining representatives, for safe staffing levels for

trains or light engines, for wayside detector systems, for

study of transportation of hazardous materials or waste and

for reporting system for transportation of hazardous

materials or waste; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

of an emergency vehicle from assisting a person or property in

distress for more than five minutes. The commission shall assess

a civil penalty of $10,000 for each violation of this section.

§ 2711. Limitation on length of freight or work trains.

A railroad operating on a main track or branch line in this

Commonwealth may not run, or permit to be run, a freight or work

train which exceeds 8,500 feet in length on any part of the main

track or branch line.

§ 2712. Authorization to monitor safety practices and

the Department of Transportation during an investigation or

inspection of a railroad safety matter. In monitoring the safety

practices and operations of a railroad under this section, the

collective bargaining representative or State director or

representative may take photographs and conduct an investigation

on railroad property as may be necessary for the purpose of

ensuring compliance with Federal or State laws and regulations ,

as well as take photographs and conduct an investigation of a

safety hazard that may result in injury or death to a railroad

employee. Any information, data, evidence or photographs

trespassing on railroad property during an investigation

authorized under this section.

§ 2713. Safe staffing levels for trains or light engines.

(a) Staffing levels.--A train or light engine used in

connection with the movement of freight in this Commonwealth

shall have a crew that consists of at least two individuals. A

superintendent, trainmaster or other employee of a railroad may

not order or otherwise require a train or light engine used in

without a functional crew member as a result of a medical

emergency.

(c) Penalties.--The commission may assess a civil penalty

against a person who willfully violates subsection (a) in

accordance with the following:

(1) If, within three years of the violation, the

commission has not previously assessed a civil penalty

against the person under this subsection, the commission may

impose a civil penalty of not less than $1,000, but not more

than $5,000.

commission has previously assessed two or more civil

penalties against the person under this subsection, the

commission may impose a civil penalty of not less than

$10,000, but not more than $25,000.

(d) Enforcement.--The Attorney General, upon the request of

the commission, shall bring a civil action to collect the

penalties specified under subsection (c). The State Treasurer

shall deposit all of the money collected from the civil

with the department, shall work with a railroad operating in

this Commonwealth to certify that wayside detector systems are

located and functional on a track where the railroad operates.

The railroad shall ensure that the following requirements are

met:

(1) The wayside detector systems shall be properly

installed, maintained, repaired and operational in accordance

with the guidelines issued by the United States Department of

Transportation and th e Federal Railroad Administration.

(2) Any expired, nonworking or outdated wayside detector

their operators, their passengers and the persons and

property in the vicinity of the track, to provide an operator

of a train with sufficient time to do any of the following if

a defect is detected:

detector system.

equipment, if necessary.

railroad employees are required to take to respond to the

alerts and appropriate monitoring and responses by the

railroad if railroad employees fail to take the required

course of action.

(b) Refusal to cooperate.--If a railroad refuses to work or

otherwise cooperate with the commission or the department in

good faith under subsection (a), the commission or the

department shall investigate the railroad's safety practices and

standards in accordance with 49 CFR Pt. 212 (relating to State

safety participation regulations). The commission or the

days after the conclusion of the investigation, the commission

or the department shall make a report to the Federal Railroad

Administration. The report shall detail the results of the

investigation and recommend that the Federal Railroad

Administration take enforcement action within the Federal

Railroad Administration's authority against the railroad for the

safety violations discovered through the investigation. The

commission or the department shall send a copy of the report to

(d) Notice of defects.--When a wayside detector system

detects a defect in a passing train, rolling stock, on-track

equipment or its component equipment and parts, if the message

regarding the defect is not immediately sent to the operator of

the train, rolling stock or on-track equipment, the person who

receives the message shall immediately notify the operator of

the train, rolling stock or on-track equipment of the defect.

The commission and department shall ensure that the manner in

which a wayside detector system message is sent and received

complies with this subsection.

(3) A defective bearing that is detected through

acoustics.

(4) Dragging equipment.

(5) Excessive height or weight.

(6) A shifted load.

(7) A low hose.

(8) A rail temperature defect.

(9) A wheel condition defect.

§ 2715. Study of transportation of hazardous materials or

(a) Examination of Federal and State laws.--The commission,

in collaboration with the department, shall examine current

Federal and State laws regarding the following:

(1) The regulations and protocols pertaining to the

transportation of hazardous materials and hazardous waste by

railroads.

(2) The requirements pertaining to when, how and to whom

the transportation of hazardous materials and hazardous waste

requirements for the transportation of hazardous materials

and hazardous waste by railroads.

(2) Appropriate enhancements to current civil and

criminal penalties relating to the transportation of

hazardous materials and hazardous waste by railroads,

including penalties for the following:

hazardous waste.

subsection (b) to all of the following:

(1) The President pro tempore of the Senate.

(2) The Minority Leader of the Senate.

(3) The Speaker of the House of Representatives.

(4) The Minority Leader of the House of Representatives.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Department." The Department of Transportation o f the

Commonwealth.

otherwise be accessible under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law, but the

commission shall make the information available via a secure

online database accessible only to the Federal Emergency

Management Agency, the Pennsylvania Emergency Management Agency

and county emergency management agencies.

Section 2. The provisions of this act are severable. If any

provision of this act or its application to any person or

Section 3. This act shall take effect in 180 days.