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A00550
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,
KHAN, OTTEN, HILL-EVANS, KINSEY, SAMUELSON, KRAJEWSKI AND
WARREN, APRIL 25, 2023
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, APRIL 25, 2023
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
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
hereby enacts as follows:
Section 1. Title 66 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 2710. Prohibition on blocking of crossings.
A railroad owner or operator may not allow for the blocking
of a railroad/highway grade crossing that results in the delay
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.
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§ 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
operations by collective bargaining representatives.
The collective bargaining representative for each craft of
railroad employee and the State director or representative for
each craft of railroad employee shall be permitted to monitor
the safety practices and operations of a railroad operating in
this Commonwealth. The collective bargaining representative or
State director or representative may accompany the commission or
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
collected by the monitoring of the safety practices and
operations of a railroad under this section may not be
disseminated except in furtherance of an official investigation
related to a potential violation of Federal or State laws and
regulations. A railroad may not ass ert that the collective
bargaining representative or State director or representative is
trespassing on railroad property during an investigation
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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
connection with the movement of freight to be operated unless
the train or light engine has a crew that consists of at least
two individuals.
(b) Construction.--Subsection (a) shall be construed to
relate only to safety, including ensuring that no train or light
engine used in connection with the movement of freight is left
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.
(2) If, within three years of the violation, the
commission has previously assessed one civil penalty against
the person under this subsection, the commission may impose a
civil penalty of not less than $5,000, but not more than
$10,000.
(3) If, within three years of the violation, the
commission has previously assessed two or more civil
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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
penalties imposed under this section into the General Fund.
(e) De finitions.--As used in this section, the term "train
or light engine used in connection with the movement of freight"
does not include hostler service or utility employees.
§ 2714. Wayside detector systems.
(a) System requirements.--The commission, in collaboration
consultation 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
system or its component parts shall be removed and replaced
with new parts or an entirely new wayside detector system.
(3) The distance between wayside detector systems shall
be appropriate, when accounting for the natural terrain
surrounding a track where the railroad operates and the
safety of the trains, rolling stock, on-track equipment,
their operators, their passengers and the persons and
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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:
(i) Respond to an alert projected by a wayside
detector system.
(ii) Stop the train, rolling stock or on-track
equipment, if necessary.
(iii) Make necessary repairs or, if a repair is
impossible at the location, remove the component parts or
equipment that is defective.
(4) The railroad shall have defined, written standards
and training for railroad employees pertaining to wayside
detector system defect alerts, the course of action that
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
department shall determine whether the railroad appears to be in
compliance with Federal railroad safety laws as defined in 49
CFR 209.3 (relating to definitions) .
(c) Noncompliance.--If a railroad does not appear to be in
compliance with Federal railroad safety laws based on an
investigation conducted under subsection (b), no later than 60
days after the conclusion of the investigation, the commission
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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
the following:
(1) The Governor.
(2) The President pro tempore of the Senate.
(3) The Minority Leader of the Senate.
(4) The Speaker of the House of Representatives.
(5) The Minority Leader of the House of Representatives.
(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.
(e) 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:
"Defect." Any of the following:
(1) A hot wheel bearing.
(2) A hot wheel.
(3) A defective bearing that is detected through
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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.
"Department." The Department of Transportation of the
Commonwealth.
"Wayside detector system." An electronic device or a series
of connected devices that scan passing trains, rolling stock,
on-track equipment and their component equipment and parts for
defects.
§ 2715. Study of transportation of hazardous materials or
waste.
(a) Examination of Federal and State laws.--The commission,
in collaboration consultation 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
by railroads shall be disclosed.
(b) Report.--The commission, in collaboration consultation
with the department, shall compile the information examined
under subsection (a) into a report. The report shall include
recommendations regarding the following:
(1) Methods to strengthen the Commonwealth's safety
requirements for the transportation of hazardous materials
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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:
(i) The mishandling of hazardous materials and
hazardous waste.
(ii) Failing to disclose or failing to meet all
disclosure requirements relating to the transportation of
hazardous materials and hazardous waste.
(c) Submission.--No later than 90 days after the effective
date of this subsection, the commission, in collaboration
consultation with the department, shall submit the report
required under 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.
§ 2716. Reporting system for transportation of hazardous
materials or waste.
The commission shall promulgate regulations to create a
reporting system for the transportation of hazardous materials
and waste by railroads within this Commonwealth. The information
contained in the reporting system shall not be made public or
otherwise be accessible under the act of February 14, 2008
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(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
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this act which can be given
effect without the invalid provision or application.
Section 3. This act shall take effect in 180 days.
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