Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 676 Ì9508266Î950826 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Infrastructure and Security (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 341.601-341.611 may be cited 8 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 ss. 341.601-341.611, the 12 term: 13 (1) “Department” means the Department of Transportation. 14 (2) “Freight railroad carrier” means any person, railroad 15 corporation, or other legal entity engaged in the business of 16 providing freight rail transportation. 17 (3) “Governmental entity” means the state, any of its 18 agencies, or any of its political subdivisions. 19 (4) “Hazardous materials” includes all materials, wastes, 20 or substances designated or defined as hazardous by 49 C.F.R. 21 parts 100-199 and their implementing regulations, by 42 U.S.C. 22 s. 9601, or in any state law, rule, or program that regulates 23 the handling or transporting of such materials, wastes, or 24 substances. 25 (5) “High-speed passenger rail system” means any intrastate 26 passenger rail system that operates or proposes to operate its 27 passenger trains at a maximum speed in excess of 80 miles per 28 hour. 29 (6) “Public railroad-highway grade crossing” means a 30 location at which a railroad track is crossed at grade by a 31 public road. 32 (7) “Rail corridor” means a linear, continuous strip of 33 real property that is used for rail service. The term includes 34 the corridor and structures essential to railroad operations, 35 including the land, buildings, improvements, rights-of-way, 36 easements, rail lines, roadbeds, guideway structures, switches, 37 yards, parking facilities, power relays, switching houses, rail 38 stations, any ancillary developments, and any other facilities 39 or equipment used for the purposes of construction, operation, 40 or maintenance of a railroad that provides rail service. 41 (8) “Railroad company” means any individual, partnership, 42 association, corporation, or company and its respective lessees, 43 trustees, or court-appointed receivers which develops or 44 provides ground transportation that runs on rails, and includes, 45 but is not limited to, any of the following: 46 (a) A high-speed passenger rail system. 47 (b) A freight railroad carrier. 48 (c) A company that owns a rail corridor. 49 (9) “Sealed corridor” means a rail corridor that uses 50 safety measures to block all lanes of travel where a roadway 51 crosses a railroad track and that uses pedestrian treatments at 52 grade crossings and controls between crossings to prevent 53 trespassing. 54 Section 3. Section 341.603, Florida Statutes, is created to 55 read: 56 341.603 Legislative intent.—It is the intent of the 57 Legislature to: 58 (1) Encourage the creation of safe and economical 59 transportation options, including high-speed passenger rail 60 systems, for this state’s residents and visitors. 61 (2) Promote and enhance the safe operation of high-speed 62 passenger rail systems within this state to protect the health, 63 safety, and welfare of the public. 64 Section 4. Section 341.604, Florida Statutes, is created to 65 read: 66 341.604 Applicability.—This act applies to any railroad 67 company that operates a high-speed passenger rail system and any 68 railroad company that allows a high-speed passenger rail system 69 to operate on or within its rail corridor. 70 Section 5. Section 341.605, Florida Statutes, is created to 71 read: 72 341.605 Powers and duties of the department; rules.— 73 (1) To the extent that such authority is not preempted by 74 federal law or regulation, the department shall: 75 (a) Regulate railroad companies in this state. 76 (b) Obtain from any party all necessary information to 77 enable it to perform its duties and carry out the requirements 78 of this act. 79 (c) Keep a record of its findings, decisions, and 80 determinations made, and investigations conducted, under this 81 act. 82 (d) Adopt rules by January 1, 2021, to administer this act. 83 Such rules must include minimum standards or criteria for: 84 1. Public railroad-highway grade crossing design, 85 including, but not limited to, installation of appropriate 86 safety equipment, such as remote health monitoring and traffic 87 signal preemption systems; 88 2. Implementation of sealed corridors and of safety 89 measures to be used at sealed corridors; 90 3. Installation or realignment of crossing gates at 91 severely skewed, acute-angled public railroad-highway grade 92 crossings along the rail corridor; and 93 4. Field surveys of the rail corridor to be conducted for 94 the purpose of identifying areas where fencing is necessary to 95 protect the health, safety, and welfare of the public, 96 including, but not limited to, minimum requirements for 97 construction and materials. 98 (2) The department may impose on a railroad company an 99 administrative penalty not exceeding $10,000 for each violation 100 of the rules adopted by the department as provided in this 101 section. Each violation constitutes a separate violation. 102 Section 6. Section 341.606, Florida Statutes, is created to 103 read: 104 341.606 Training for local communities and local agencies. 105 If a high-speed passenger rail system operates on a rail 106 corridor or on a set of tracks which is also used to transport 107 hazardous materials, the Division of Emergency Management must 108 offer the local communities and local agencies located along the 109 rail corridor training specifically designed to help them 110 respond to an accident involving rail passengers or hazardous 111 materials. 112 Section 7. Section 341.607, Florida Statutes, is created to 113 read: 114 341.607 Reporting requirements; rulemaking.— 115 (1) A railroad company that operates a high-speed passenger 116 rail system shall furnish to the department a copy of the 117 accident reports filed with the Federal Railroad Administration 118 for each train accident that occurs within the rail corridor. 119 (2) The department shall annually publish on its website a 120 compendium of the reports that include any fatalities, injuries, 121 or accidents during the reporting timeframe which occurred 122 within a rail corridor where a high-speed passenger rail system 123 operates, unless notified by the Federal Government that the 124 compendium is inconsistent with federal requirements. 125 (3) A railroad company that transports liquefied natural 126 gas on the same tracks, or within the same rail corridor, used 127 by a high-speed passenger rail system within this state shall 128 submit an annual report to the department containing the size of 129 the average and largest liquefied natural gas train, as measured 130 in metric tons, operated in this state by the railroad company 131 in the previous calendar year. 132 (4) All reporting requirements are for informational 133 purposes only. The information reported may not be used to 134 economically regulate the railroad company. 135 (5) The department, in coordination with the Federal 136 Railroad Administration and other public and private entities, 137 as necessary, shall adopt by rule criteria to determine a 138 reasonable worst-case unplanned release of liquefied natural 139 gas. 140 Section 8. Section 341.608, Florida Statutes, is created to 141 read: 142 341.608 Minimum safety standards for high-speed passenger 143 rail systems.—In addition to complying with federal law, Federal 144 Railroad Administration regulations, and other applicable 145 federal regulations, a railroad company operating a high-speed 146 passenger rail system shall comply with the rules adopted by the 147 department pursuant to s. 341.605. 148 Section 9. Section 341.609, Florida Statutes, is created to 149 read: 150 341.609 Maintenance and repair of roadbeds, tracks, 151 culverts, and certain streets and sidewalks.— 152 (1) If the railroad company that constructs or operates a 153 high-speed passenger rail system is required to install safety 154 improvements that modify the width of a roadbed, the company is 155 responsible for ensuring that the impacted roadbed meets the 156 department’s transition requirements as set forth in the most 157 recent edition of the department’s Design Standards and the 158 Manual of Uniform Minimum Standards for Design, Construction, 159 and Maintenance for Streets and Highways. 160 (2) This section may not be construed to impair any 161 existing contractual agreements between a railroad company 162 operating a high-speed passenger rail system and a governmental 163 entity within the state. 164 Section 10. Section 341.6101, Florida Statutes, is created 165 to read: 166 341.6101 Safety inspections and inspectors.— 167 (1) In accordance with the State Rail Safety Participation 168 Program, which is designed to promote safety in all areas of 169 railroad operations to reduce deaths, injuries, and damage to 170 railroad property, the department’s railroad inspectors must be 171 certified by the Federal Railroad Administration and shall 172 coordinate their activities with those of federal inspectors in 173 this state in compliance with 49 C.F.R. part 212 and any other 174 federal regulations governing state safety participation. 175 (2) Unless the results are otherwise confidential under 176 state or federal law, the department’s railroad inspectors shall 177 report in writing the results of their inspections in the manner 178 and on forms prescribed by the department. The department shall 179 make these reports available on its website for the public to 180 access. 181 Section 11. Section 341.611, Florida Statutes, is created 182 to read: 183 341.611 Severability.—If any provision of this act or its 184 application to any person or circumstance is held invalid, the 185 invalidity does not affect other provisions or applications of 186 this act which can be given effect without the invalid provision 187 or application, and to this end, the provisions of this act are 188 severable. 189 Section 12. Sections 341.601-341.611 are remedial in nature 190 and shall apply retroactively. 191 Section 13. This act shall take effect July 1, 2020. 192 193 ================= T I T L E A M E N D M E N T ================ 194 And the title is amended as follows: 195 Delete everything before the enacting clause 196 and insert: 197 A bill to be entitled 198 An act relating to high-speed passenger rail safety; 199 creating s. 341.601, F.S.; providing a short title; 200 creating s. 341.602, F.S.; defining terms; creating s. 201 341.603, F.S.; providing legislative intent; creating 202 s. 341.604, F.S.; providing applicability; creating s. 203 341.605, F.S.; requiring the Department of 204 Transportation to regulate railroad companies when 205 that authority is not federally preempted; requiring 206 the department to obtain information necessary to 207 perform its duties; requiring the department to keep 208 certain records; requiring the department to adopt 209 rules; providing requirements for such rules; 210 authorizing the department to impose administrative 211 penalties; creating s. 341.606, F.S.; requiring the 212 Division of Emergency Management to offer accident 213 response training to certain local communities and 214 local agencies under certain circumstances; creating 215 s. 341.607, F.S.; requiring certain railroad companies 216 to furnish copies of federal accident reports to the 217 department; requiring the department to annually 218 publish certain information on its website; requiring 219 railroad companies that transport liquefied natural 220 gas on or within certain tracks or corridors to submit 221 an annual report to the department containing 222 specified information; prohibiting the use of reported 223 information for the purpose of economically regulating 224 railroad companies; requiring the department, in 225 coordination with the Federal Railroad Administration 226 and other necessary entities, to adopt certain 227 criteria by rule; creating s. 341.608, F.S.; requiring 228 certain railroad companies to comply with federal law 229 and certain regulations; creating s. 341.609, F.S.; 230 providing that certain railroad companies are 231 responsible for ensuring that impacted roadbeds meet 232 specified transition requirements under certain 233 circumstances; providing construction; creating s. 234 341.6101, F.S.; requiring the department’s railroad 235 inspectors, in accordance with a specified program, to 236 meet certain certification requirements and to 237 coordinate their activities with those of federal 238 inspectors in this state in compliance with certain 239 federal regulations; requiring the department’s 240 inspectors to report the results of their inspections 241 to the department, subject to certain requirements, 242 unless the results are confidential under state or 243 federal law; requiring the department to make the 244 reports available on its website; creating s. 341.611, 245 F.S.; providing severability; providing for 246 retroactive application; providing an effective date.