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.