Florida Senate - 2017 CS for SB 386
By the Committee on Transportation; and Senators Mayfield and
Gainer
596-02455-17 2017386c1
1 A bill to be entitled
2 An act relating to high-speed passenger rail; creating
3 s. 341.601, F.S.; providing a short title; creating s.
4 341.602, F.S.; providing definitions; creating s.
5 341.603, F.S.; providing legislative intent; creating
6 s. 341.604, F.S.; providing applicability; creating s.
7 341.605, F.S.; providing powers and duties of the
8 Florida Department of Transportation; authorizing the
9 department to regulate railroads where not federally
10 preempted; authorizing the department to collect
11 information from relevant parties; requiring the
12 department to keep certain records; requiring the
13 department, in coordination with the Florida Division
14 of Emergency Management, to offer certain response
15 training for accidents involving passengers or
16 hazardous materials under certain circumstances;
17 requiring the department to adopt rules; creating s.
18 341.606, F.S.; providing reporting requirements for
19 certain railroad companies; requiring the department
20 to publish certain information on its website;
21 requiring the department, in coordination with the
22 Federal Railroad Administration and other necessary
23 entities, to adopt certain rules; specifying that
24 reporting requirements are for informational purposes
25 only and not to be used to economically regulate a
26 railroad company; creating s. 341.607, F.S.; providing
27 minimum safety standards for a high-speed passenger
28 rail system; requiring certain railroad companies to
29 comply with certain federal laws and regulations;
30 providing safety technology requirements for certain
31 railroad companies; providing certain requirements for
32 railroad companies before operating a high-speed
33 passenger rail system; creating s. 341.608, F.S.;
34 requiring construction, maintenance, and repair of
35 certain infrastructure by certain railroad companies;
36 specifying requirements for certain roadbed
37 modifications; providing for construction; creating s.
38 341.609, F.S.; requiring the department’s railroad
39 inspectors, in accordance with a specified program, to
40 meet certain certification requirements and to
41 coordinate their activities with those of federal
42 inspectors in the state in compliance with certain
43 federal regulations; requiring the inspectors to
44 report the results of their inspections, subject to
45 certain requirements; requiring the reports to be made
46 available on the department’s website unless they are
47 deemed confidential; creating s. 341.611, F.S.;
48 requiring the department to adopt rules that identify
49 standards for conducting field surveys of certain rail
50 corridors; providing requirements for the field
51 survey; requiring the department to hold certain
52 public meetings; requiring certain railroad companies
53 to construct and maintain fences under certain
54 circumstances; providing fencing requirements;
55 providing that a railroad company is liable for all
56 damages arising from its failure to construct or
57 maintain the fence, under certain circumstances;
58 creating s. 341.612, F.S.; providing that a railroad
59 company operating a high-speed passenger rail system
60 is solely responsible for all rail corridor
61 improvements or upgrades relating to its operation and
62 safety; providing that a local government or the state
63 is not responsible for certain costs unless it
64 expressly assumes responsibility in writing; creating
65 s. 341.613, F.S.; authorizing the department to bring
66 certain actions for the assessment and collection of
67 civil penalties or for injunctive relief, in addition
68 to any administrative action; creating s. 341.614,
69 F.S.; establishing jurisdiction to enforce specified
70 provisions; requiring penalties for violations of
71 specified provisions to be imposed upon the railroad
72 company that commits such violations; providing an
73 effective date.
74
75 Be It Enacted by the Legislature of the State of Florida:
76
77 Section 1. Section 341.601, Florida Statutes, is created to
78 read:
79 341.601 Short title.—Sections 341.601-341.614 shall be
80 known as the “Florida High-Speed Passenger Rail Safety Act.”
81 Section 2. Section 341.602, Florida Statutes, is created to
82 read:
83 341.602 Definitions.—As used in this act, the term:
84 (1) “Department” means the Florida Department of
85 Transportation.
86 (2) “Freight railroad carrier” means any person, railroad
87 corporation, or other legal entity in the business of providing
88 freight rail transportation.
89 (3) “Governmental entity” means the state, any of its
90 agencies, or any of its political subdivisions.
91 (4) “High-speed passenger rail system” means any new
92 intrastate passenger rail system that operates or proposes to
93 operate its passenger trains at a maximum speed in excess of 80
94 miles per hour on or after July 1, 2017.
95 (5) “Pedestrian grade crossing” means a separate sidewalk
96 or pathway where pedestrians, but not vehicles, cross railroad
97 tracks.
98 (6) “Public railroad-highway grade crossing” means a
99 location at which a railroad track is crossed at grade by a
100 public road.
101 (7) “Rail corridor” means a linear, continuous strip of
102 real property that is used for rail service. The term includes
103 the corridor and structures essential to railroad operations,
104 including the land, buildings, improvements, rights-of-way,
105 easements, rail lines, rail beds, guideway structures, switches,
106 yards, parking facilities, power relays, switching houses, rail
107 stations, any ancillary development, and any other facilities or
108 equipment used for the purposes of construction, operation, or
109 maintenance of a railroad that provides rail service.
110 (8) “Railroad company” means any individual, partnership,
111 association, corporation, or company and its respective lessees,
112 trustees, or receivers, appointed by a court, which develops or
113 provides ground transportation that runs on rails, including,
114 but not limited to any of the following:
115 (a) A high-speed passenger rail system.
116 (b) A freight railroad carrier.
117 (c) A company that owns a rail corridor.
118 Section 3. Section 341.603, Florida Statutes, is created to
119 read:
120 341.603 Legislative intent.—It is the intent of the
121 Legislature to:
122 (1) Encourage the creation of safe and cost-effective
123 transportation options for this state’s residents and visitors,
124 including high-speed passenger rail systems.
125 (2) Promote and enhance the safety of high-speed passenger
126 rail systems operating within the state to protect the health,
127 safety, and welfare of the public.
128 Section 4. Section 341.604, Florida Statutes, is created to
129 read:
130 341.604 Applicability.—This act applies to any railroad
131 company operating a high-speed passenger rail system, or any
132 railroad company that allows a high-speed passenger rail system
133 to operate on or within its rail corridor.
134 Section 5. Section 341.605, Florida Statutes, is created to
135 read:
136 341.605 Powers and duties of the department; rules.—
137 (1) The department may regulate railroad companies in this
138 state insofar as such authority is not preempted by federal laws
139 or regulations.
140 (2) The department may obtain from any party all necessary
141 information to enable it to perform its duties and carry out the
142 requirements set forth in this act.
143 (3) The department shall keep a record of all of its
144 findings, decisions, determinations, and investigations carried
145 out under this act.
146 (4) If a high-speed passenger rail system operates within
147 the same rail corridor or on the same set of tracks as another
148 railroad company that transports hazardous materials, the
149 department, in coordination with the Florida Division of
150 Emergency Management, shall offer the local communities and
151 local emergency services located along the rail corridor
152 training specifically designed to help them respond to an
153 accident involving rail passengers or hazardous materials.
154 (5) The department shall adopt rules, pursuant to the
155 requirements of chapter 120, to administer this section.
156 Section 6. Section 341.606, Florida Statutes, is created to
157 read:
158 341.606 Reporting requirements.—
159 (1) A railroad company operating a high-speed passenger
160 rail system shall furnish to the department a copy of the
161 accident reports filed with the Federal Railroad Administration
162 for each train accident that occurs within the rail corridor.
163 (2) The department shall annually publish on its official
164 website a report that discloses all of the fatalities, injuries,
165 and accidents during the reporting timeframe which have occurred
166 within a rail corridor where a high-speed passenger rail system
167 operates.
168 (3) A railroad company that transports liquefied natural
169 gas on the same tracks or within the same rail corridor as a
170 high-speed passenger rail system within the state must submit an
171 annual report to the department containing:
172 (a) All insurance carried by the railroad company which
173 covers any losses resulting from a reasonable worst-case
174 unplanned release of liquefied natural gas.
175 (b) Coverage amounts and limitations, and other conditions
176 of the insurance identified in paragraph (a).
177 (c) The average and largest liquefied natural gas train,
178 measured in metric tons, operated in the state by the railroad
179 company in the previous calendar year.
180 (d) Information sufficient to demonstrate the railroad
181 company’s ability to pay the costs of remediating a reasonable
182 worst-case unplanned release of liquefied natural gas,
183 including, but not limited to, insurance, reserve accounts,
184 letters of credit, or other financial instruments or resources
185 on which the company can rely to pay all such costs. The
186 department, in coordination with the Federal Railroad
187 Administration and other public and private entities, as
188 necessary, shall develop rules to determine applicable criteria
189 for a reasonable worst-case unplanned release of liquefied
190 natural gas.
191 (4) All reporting requirements are for informational
192 purposes only and may not be used to economically regulate the
193 railroad company.
194 Section 7. Section 341.607, Florida Statutes, is created to
195 read:
196 341.607 Minimum safety standards for high-speed passenger
197 rail.—
198 (1) A railroad company operating a high-speed passenger
199 rail system shall comply with all of the federal laws and
200 regulations administered by the Federal Railroad Administration.
201 (2) A railroad company operating a high-speed passenger
202 rail system must install safety technology that has been
203 approved by the Federal Railroad Administration. Safety
204 technology at a minimum shall include positive train control and
205 remote health monitoring.
206 (3) Before operating a high-speed passenger rail system, a
207 railroad company shall also:
208 (a) Install or realign crossing gates, including those at
209 severely skewed, acute-angled locations identified by either the
210 department or the Federal Railroad Administration, so the gates
211 are parallel to the tracks and in accordance with the most
212 recent edition of the Manual on Uniform Traffic Control Devices
213 published by the Federal Highway Administration and adopted by
214 the state pursuant to s. 316.0745.
215 (b) Equip all automatic public railroad-highway grade
216 crossing warning systems with remote health monitoring
217 technology capable of:
218 1. Detecting false activations;
219 2. Detecting other crossing signal malfunctions; and
220 3. Notifying the train dispatcher and crossing signal
221 maintenance personnel whenever such a malfunction is detected.
222 (c) Construct and maintain fencing in accordance with s.
223 341.611.
224 Section 8. Section 341.608, Florida Statutes, is created to
225 read:
226 341.608 Maintenance and repair of roadbeds, tracks,
227 culverts, and certain streets and sidewalks.—
228 (1) A railroad company that constructs or operates a high
229 speed passenger rail system on tracks that intersect with a
230 public street or highway at grade shall, at its sole cost and
231 expense, construct and thereafter maintain, renew, and repair
232 all railroad roadbed, track, and railroad culverts within the
233 confines of the public street or highway, and the streets or
234 pedestrian grade crossings lying between the rails and for a
235 distance outside the rails of 1 foot beyond the end of the
236 railroad ties.
237 (2) If the railroad company that constructs or operates a
238 high-speed passenger rail system is required to install safety
239 improvements that modify the width of a roadbed, it is
240 responsible for ensuring that the impacted roadbed meets the
241 department’s transition requirements as set forth in the most
242 recent edition of the department’s Design Standards and the
243 Manual of Uniform Minimum Standards for Design, Construction,
244 and Maintenance for Streets and Highways.
245 (3) This section does not impair any existing contractual
246 agreements between the railroad company operating the high-speed
247 passenger rail system and a governmental entity within the
248 state.
249 Section 9. Section 341.609, Florida Statutes, is created to
250 read:
251 341.609 Safety inspections and inspectors.—
252 (1) In accordance with the State Rail Safety Participation
253 Program, which is designed to promote safety in all areas of
254 railroad operations to reduce deaths, injuries, and damage to
255 railroad property, the department’s railroad inspectors must be
256 certified by the Federal Railroad Administration and shall
257 coordinate their activities with those of federal inspectors in
258 the state in compliance with 49 C.F.R. part 212 and any other
259 federal regulations governing state safety participation.
260 (2) Unless otherwise confidential under state or federal
261 law, the department’s railroad inspectors shall report in
262 writing the results of their inspections in the manner and on
263 forms prescribed by the department. These reports shall be made
264 available to the public on the department’s website.
265 Section 10. Section 341.611, Florida Statutes, is created
266 to read:
267 341.611 Fencing and separation requirements to protect the
268 public.—
269 (1) The department shall adopt rules that identify
270 standards for conducting field surveys of the rail corridor
271 being used by a high-speed passenger rail system. The field
272 surveys must indicate areas where fencing is necessary for the
273 health, safety, and welfare of the public.
274 (2) At a minimum, the field survey should identify
275 pedestrian traffic generators, such as nearby schools and parks,
276 and signs of current pedestrian traffic that crosses the
277 railroad tracks. The department must hold at least one public
278 meeting in each community where new or substantially modified
279 fencing is proposed before designs and plans for such fencing
280 are finalized.
281 (3) Once it has been determined that a fence is necessary
282 to protect the health, safety, and welfare of the surrounding
283 community, the railroad company operating a high-speed passenger
284 rail system shall construct and maintain the fence on both sides
285 of its railroad tracks sufficient to prevent intrusion.
286 (4) The fencing must be placed 1 foot inside the edge of
287 the railroad company’s right-of-way.
288 (5) The fencing must be maintained by the railroad company
289 operating a high-speed passenger rail system, unless maintenance
290 is specifically addressed in a separate contract with a property
291 owner or local government.
292 (6) The fence must be at least 4 1/2 feet in height.
293 Ornamental fencing must be used within urban areas. Chain-link
294 fencing may be used in locations outside of urban areas.
295 (7) If a railroad company neglects to construct or maintain
296 a required fence, the railroad company is liable for all damages
297 arising from its failure to construct or maintain such fence
298 unless another entity is responsible for maintenance under
299 subsection (5).
300 Section 11. Section 341.612, Florida Statutes, is created
301 to read:
302 341.612 Operation of a high-speed passenger rail system
303 over the tracks of another railroad company.—A railroad company
304 operating a high-speed passenger rail system is solely
305 responsible for all rail corridor improvements or upgrades
306 relating to the system’s operation and safety. A local
307 government or the state is not responsible for any costs
308 associated with the construction and maintenance of the
309 improvements necessary to operate a high-speed passenger rail
310 system unless it expressly consents in writing.
311 Section 12. Section 341.613, Florida Statutes, is created
312 to read:
313 341.613 Enforcement actions.—In addition to any
314 administrative action authorized by chapter 120 or by other law,
315 the department may bring an action for the assessment and
316 collection of civil penalties or an action for injunctive relief
317 pursuant to 49 C.F.R. part 212, subpart B.
318 Section 13. Section 341.614, Florida Statutes, is created
319 to read:
320 341.614 Jurisdiction.—Jurisdiction to enforce this act
321 shall be as provided by s. 316.640, and any penalty for
322 violation of this act shall be imposed upon the railroad company
323 that commits such violation.
324 Section 14. This act shall take effect July 1, 2017.