Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 386
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/15/2017           .                                

       The Committee on Transportation (Mayfield) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 341.601, Florida Statutes, is created to
    6  read:
    7         341.601Short 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         341.602Definitions.—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         341.603Legislative 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         341.604Applicability.—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         341.605Powers 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         341.606Reporting 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         341.607Minimum 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         341.608Maintenance 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         341.609Safety 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         341.611Fencing 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         341.612Operation 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         341.613Enforcement 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         341.614Jurisdiction.—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.