Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 386 Ì688612,Î688612 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/15/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Mayfield) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 341.601, Florida Statutes, is created to 6 read: 7 341.601 Short title.—Sections 341.601-341.614 shall be 8 known as the “Florida High-Speed Passenger Rail Safety Act.” 9 Section 2. Section 341.602, Florida Statutes, is created to 10 read: 11 341.602 Definitions.—As used in this act, the term: 12 (1) “Department” means the Florida Department of 13 Transportation. 14 (2) “Freight railroad carrier” means any person, railroad 15 corporation, or other legal entity in the business of providing 16 freight rail transportation. 17 (3) “Governmental entity” means the state, any of its 18 agencies, or any of its political subdivisions. 19 (4) “High-speed passenger rail system” means any new 20 intrastate passenger rail system that operates or proposes to 21 operate its passenger trains at a maximum speed in excess of 80 22 miles per 23 (5) “Pedestrian grade crossing” means a separate sidewalk 24 or pathway where pedestrians, but not vehicles, cross railroad 25 tracks. 26 (6) “Public railroad-highway grade crossing” means a 27 location at which a railroad track is crossed at grade by a 28 public road. 29 (7) “Rail corridor” means a linear, continuous strip of 30 real property that is used for rail service. The term includes 31 the corridor and structures essential to railroad operations, 32 including the land, buildings, improvements, rights-of-way, 33 easements, rail lines, rail beds, guideway structures, switches, 34 yards, parking facilities, power relays, switching houses, rail 35 stations, any ancillary development, and any other facilities or 36 equipment used for the purposes of construction, operation, or 37 maintenance of a railroad that provides rail service. 38 (8) “Railroad company” means any individual, partnership, 39 association, corporation, or company and its respective lessees, 40 trustees, or receivers, appointed by a court, which develops or 41 provides ground transportation that runs on rails, including, 42 but not limited to any of the following: 43 (a) A high-speed passenger rail system. 44 (b) A freight railroad carrier. 45 (c) A company that owns a rail corridor. 46 Section 3. Section 341.603, Florida Statutes, is created to 47 read: 48 341.603 Legislative intent.—It is the intent of the 49 Legislature to: 50 (1) Encourage the creation of safe and cost-effective 51 transportation options for this state’s residents and visitors, 52 including high-speed passenger rail systems. 53 (2) Promote and enhance the safety of high-speed passenger 54 rail systems operating within the state to protect the health, 55 safety, and welfare of the public. 56 Section 4. Section 341.604, Florida Statutes, is created to 57 read: 58 341.604 Applicability.—This act applies to any railroad 59 company operating a high-speed passenger rail system, or any 60 railroad company that allows a high-speed passenger rail system 61 to operate on or within its rail corridor. 62 Section 5. Section 341.605, Florida Statutes, is created to 63 read: 64 341.605 Powers and duties of the department; rules.— 65 (1) The department may regulate railroad companies in this 66 state insofar as such authority is not preempted by federal laws 67 or regulations. 68 (2) The department may obtain from any party all necessary 69 information to enable it to perform its duties and carry out the 70 requirements set forth in this act. 71 (3) The department shall keep a record of all of its 72 findings, decisions, determinations, and investigations carried 73 out under this act. 74 (4) If a high-speed passenger rail system operates within 75 the same rail corridor or on the same set of tracks as another 76 railroad company that transports hazardous materials, the 77 department, in coordination with the Florida Division of 78 Emergency Management, shall offer the local communities and 79 local emergency services located along the rail corridor 80 training specifically designed to help them respond to an 81 accident involving rail passengers or hazardous materials. 82 (5) The department shall adopt rules, pursuant to the 83 requirements of chapter 120, to administer this section. 84 Section 6. Section 341.606, Florida Statutes, is created to 85 read: 86 341.606 Reporting requirements.— 87 (1) A railroad company operating a high-speed passenger 88 rail system shall furnish to the department a copy of the 89 accident reports filed with the Federal Railroad Administration 90 for each train accident that occurs within the rail corridor. 91 (2) The department shall annually publish on its official 92 website a report that discloses all of the fatalities, injuries, 93 and accidents during the reporting timeframe which have occurred 94 within a rail corridor where a high-speed passenger rail system 95 operates. 96 (3) A railroad company that transports liquefied natural 97 gas on the same tracks or within the same rail corridor as a 98 high-speed passenger rail system within the state must submit an 99 annual report to the department containing: 100 (a) All insurance carried by the railroad company which 101 covers any losses resulting from a reasonable worst-case 102 unplanned release of liquefied natural gas. 103 (b) Coverage amounts and limitations, and other conditions 104 of the insurance identified in paragraph (a). 105 (c) The average and largest liquefied natural gas train, 106 measured in metric tons, operated in the state by the railroad 107 company in the previous calendar year. 108 (d) Information sufficient to demonstrate the railroad 109 company’s ability to pay the costs of remediating a reasonable 110 worst-case unplanned release of liquefied natural gas, 111 including, but not limited to, insurance, reserve accounts, 112 letters of credit, or other financial instruments or resources 113 on which the company can rely to pay all such costs. The 114 department, in coordination with the Federal Railroad 115 Administration and other public and private entities, as 116 necessary, shall develop rules to determine applicable criteria 117 for a reasonable worst-case unplanned release of liquefied 118 natural gas. 119 (4) All reporting requirements are for informational 120 purposes only and may not be used to economically regulate the 121 railroad company. 122 Section 7. Section 341.607, Florida Statutes, is created to 123 read: 124 341.607 Minimum safety standards for high-speed passenger 125 rail.— 126 (1) A railroad company operating a high-speed passenger 127 rail system shall comply with all of the federal laws and 128 regulations administered by the Federal Railroad Administration. 129 (2) A railroad company operating a high-speed passenger 130 rail system must install safety technology that has been 131 approved by the Federal Railroad Administration. Safety 132 technology at a minimum shall include positive train control and 133 remote health monitoring. 134 (3) Before operating a high-speed passenger rail system, a 135 railroad company shall also: 136 (a) Install or realign crossing gates, including those at 137 severely skewed, acute-angled locations identified by either the 138 department or the Federal Railroad Administration, so the gates 139 are parallel to the tracks and in accordance with the most 140 recent edition of the Manual on Uniform Traffic Control Devices 141 published by the Federal Highway Administration and adopted by 142 the state pursuant to s. 316.0745. 143 (b) Equip all automatic public railroad-highway grade 144 crossing warning systems with remote health monitoring 145 technology capable of: 146 1. Detecting false activations; 147 2. Detecting other crossing signal malfunctions; and 148 3. Notifying the train dispatcher and crossing signal 149 maintenance personnel whenever such a malfunction is detected. 150 (c) Construct and maintain fencing in accordance with s. 151 341.611. 152 Section 8. Section 341.608, Florida Statutes, is created to 153 read: 154 341.608 Maintenance and repair of roadbeds, tracks, 155 culverts, and certain streets and sidewalks.— 156 (1) A railroad company that constructs or operates a high 157 speed passenger rail system on tracks that intersect with a 158 public street or highway at grade shall, at its sole cost and 159 expense, construct and thereafter maintain, renew, and repair 160 all railroad roadbed, track, and railroad culverts within the 161 confines of the public street or highway, and the streets or 162 pedestrian grade crossings lying between the rails and for a 163 distance outside the rails of 1 foot beyond the end of the 164 railroad ties. 165 (2) If the railroad company that constructs or operates a 166 high-speed passenger rail system is required to install safety 167 improvements that modify the width of a roadbed, it is 168 responsible for ensuring that the impacted roadbed meets the 169 department’s transition requirements as set forth in the most 170 recent edition of the department’s Design Standards and the 171 Manual of Uniform Minimum Standards for Design, Construction, 172 and Maintenance for Streets and Highways. 173 (3) This section does not impair any existing contractual 174 agreements between the railroad company operating the high-speed 175 passenger rail system and a governmental entity within the 176 state. 177 Section 9. Section 341.609, Florida Statutes, is created to 178 read: 179 341.609 Safety inspections and inspectors.— 180 (1) In accordance with the State Rail Safety Participation 181 Program, which is designed to promote safety in all areas of 182 railroad operations to reduce deaths, injuries, and damage to 183 railroad property, the department’s railroad inspectors must be 184 certified by the Federal Railroad Administration and shall 185 coordinate their activities with those of federal inspectors in 186 the state in compliance with 49 C.F.R. part 212 and any other 187 federal regulations governing state safety participation. 188 (2) Unless otherwise confidential under state or federal 189 law, the department’s railroad inspectors shall report in 190 writing the results of their inspections in the manner and on 191 forms prescribed by the department. These reports shall be made 192 available to the public on the department’s website. 193 Section 10. Section 341.611, Florida Statutes, is created 194 to read: 195 341.611 Fencing and separation requirements to protect the 196 public.— 197 (1) The department shall adopt rules that identify 198 standards for conducting field surveys of the rail corridor 199 being used by a high-speed passenger rail system. The field 200 surveys must indicate areas where fencing is necessary for the 201 health, safety, and welfare of the public. 202 (2) At a minimum, the field survey should identify 203 pedestrian traffic generators, such as nearby schools and parks, 204 and signs of current pedestrian traffic that crosses the 205 railroad tracks. The department must hold at least one public 206 meeting in each community where new or substantially modified 207 fencing is proposed before designs and plans for such fencing 208 are finalized. 209 (3) Once it has been determined that a fence is necessary 210 to protect the health, safety, and welfare of the surrounding 211 community, the railroad company operating a high-speed passenger 212 rail system shall construct and maintain the fence on both sides 213 of its railroad tracks sufficient to prevent intrusion. 214 (4) The fencing must be placed 1 foot inside the edge of 215 the railroad company’s right-of-way. 216 (5) The fencing must be maintained by the railroad company 217 operating a high-speed passenger rail system, unless maintenance 218 is specifically addressed in a separate contract with a property 219 owner or local government. 220 (6) The fence must be at least 4 1/2 feet in height. 221 Ornamental fencing must be used within urban areas. Chain-link 222 fencing may be used in locations outside of urban areas. 223 (7) If a railroad company neglects to construct or maintain 224 a required fence, the railroad company is liable for all damages 225 arising from its failure to construct or maintain such fence 226 unless another entity is responsible for maintenance under 227 subsection (5). 228 Section 11. Section 341.612, Florida Statutes, is created 229 to read: 230 341.612 Operation of a high-speed passenger rail system 231 over the tracks of another railroad company.—A railroad company 232 operating a high-speed passenger rail system is solely 233 responsible for all rail corridor improvements or upgrades 234 relating to the system’s operation and safety. A local 235 government or the state is not responsible for any costs 236 associated with the construction and maintenance of the 237 improvements necessary to operate a high-speed passenger rail 238 system unless it expressly consents in writing. 239 Section 12. Section 341.613, Florida Statutes, is created 240 to read: 241 341.613 Enforcement actions.—In addition to any 242 administrative action authorized by chapter 120 or by other law, 243 the department may bring an action for the assessment and 244 collection of civil penalties or an action for injunctive relief 245 pursuant to 49 C.F.R. part 212, subpart B. 246 Section 13. Section 341.614, Florida Statutes, is created 247 to read: 248 341.614 Jurisdiction.—Jurisdiction to enforce this act 249 shall be as provided by s. 316.640, and any penalty for 250 violation of this act shall be imposed upon the railroad company 251 that commits such violation. 252 Section 14. This act shall take effect July 1, 2017. 253 ================= T I T L E A M E N D M E N T ================ 254 And the title is amended as follows: 255 Delete everything before the enacting clause 256 and insert: 257 A bill to be entitled 258 An act relating to high-speed passenger rail; creating 259 s. 341.601, F.S.; providing a short title; creating s. 260 341.602, F.S.; providing definitions; creating s. 261 341.603, F.S.; providing legislative intent; creating 262 s. 341.604, F.S.; providing applicability; creating s. 263 341.605, F.S.; providing powers and duties of the 264 Florida Department of Transportation; authorizing the 265 department to regulate railroads where not federally 266 preempted; authorizing the department to collect 267 information from relevant parties; requiring the 268 department to keep certain records; requiring the 269 department, in coordination with the Florida Division 270 of Emergency Management, to offer certain response 271 training for accidents involving passengers or 272 hazardous materials under certain circumstances; 273 requiring the department to adopt rules; creating s. 274 341.606, F.S.; providing reporting requirements for 275 certain railroad companies; requiring the department 276 to publish certain information on its website; 277 requiring the department, in coordination with the 278 Federal Railroad Administration and other necessary 279 entities, to adopt certain rules; specifying that 280 reporting requirements are for informational purposes 281 only and not to be used to economically regulate a 282 railroad company; creating s. 341.607, F.S.; providing 283 minimum safety standards for a high-speed passenger 284 rail system; requiring certain railroad companies to 285 comply with certain federal laws and regulations; 286 providing safety technology requirements for certain 287 railroad companies; providing certain requirements for 288 railroad companies before operating a high-speed 289 passenger rail system; creating s. 341.608, F.S.; 290 requiring construction, maintenance, and repair of 291 certain infrastructure by certain railroad companies; 292 specifying requirements for certain roadbed 293 modifications; providing for construction; creating s. 294 341.609, F.S.; requiring the department’s railroad 295 inspectors, in accordance with a specified program, to 296 meet certain certification requirements and to 297 coordinate their activities with those of federal 298 inspectors in the state in compliance with certain 299 federal regulations; requiring the inspectors to 300 report the results of their inspections, subject to 301 certain requirements; requiring the reports to be made 302 available on the department’s website unless they are 303 deemed confidential; creating s. 341.611, F.S.; 304 requiring the department to adopt rules that identify 305 standards for conducting field surveys of certain rail 306 corridors; providing requirements for the field 307 survey; requiring the department to hold certain 308 public meetings; requiring certain railroad companies 309 to construct and maintain fences under certain 310 circumstances; providing fencing requirements; 311 providing that a railroad company is liable for all 312 damages arising from its failure to construct or 313 maintain the fence, under certain circumstances; 314 creating s. 341.612, F.S.; providing that a railroad 315 company operating a high-speed passenger rail system 316 is solely responsible for all rail corridor 317 improvements or upgrades relating to its operation and 318 safety; providing that a local government or the state 319 is not responsible for certain costs unless it 320 expressly assumes responsibility in writing; creating 321 s. 341.613, F.S.; authorizing the department to bring 322 certain actions for the assessment and collection of 323 civil penalties or for injunctive relief, in addition 324 to any administrative action; creating s. 341.614, 325 F.S.; establishing jurisdiction to enforce specified 326 provisions; requiring penalties for violations of 327 specified provisions to be imposed upon the railroad 328 company that commits such violations; providing an 329 effective date.