Florida Senate - 2018                                     SB 572
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-00417B-18                                           2018572__
    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 that authority
   10         is not federally preempted; authorizing the department
   11         to collect information from relevant parties;
   12         requiring the department to keep certain records;
   13         requiring the department to adopt rules; creating s.
   14         341.606, F.S.; requiring the Florida Division of
   15         Emergency Management to offer, under certain
   16         circumstances, the local communities and local
   17         emergency services located along the rail corridor
   18         training specifically designed to help them respond to
   19         an accident involving rail passengers or hazardous
   20         materials; creating s. 341.607, F.S.; providing
   21         reporting requirements for certain railroad companies;
   22         requiring the department to publish certain
   23         information on its website; requiring the department,
   24         in coordination with the Federal Railroad
   25         Administration and other necessary entities, to
   26         develop certain rules; specifying that reporting
   27         requirements are for informational purposes only and
   28         are not to be used to economically regulate a railroad
   29         company; creating s. 341.608, F.S.; specifying minimum
   30         safety standards for a high-speed passenger rail
   31         system; requiring certain railroad companies to comply
   32         with certain federal laws and regulations; specifying
   33         safety equipment and technology requirements for
   34         certain railroad companies; requiring certain railroad
   35         companies to meet specified requirements before
   36         operating a high-speed passenger rail system; creating
   37         s. 341.609, F.S.; requiring construction, maintenance,
   38         and repair of certain infrastructure by certain
   39         railroad companies; specifying requirements for
   40         certain roadbed modifications; providing for
   41         construction; creating s. 341.6101, F.S.; requiring
   42         the department’s railroad inspectors, in accordance
   43         with a specified program, to meet certain
   44         certification requirements and to coordinate their
   45         activities with those of federal inspectors in the
   46         state in compliance with certain federal regulations;
   47         requiring the inspectors to report the results of
   48         their inspections, subject to certain requirements;
   49         requiring the reports to be made available on the
   50         department’s website unless they are deemed
   51         confidential; creating s. 341.611, F.S.; requiring the
   52         department to adopt rules that identify standards for
   53         it to conduct field surveys of certain rail corridors;
   54         providing requirements for the field surveys;
   55         requiring the department to hold certain public
   56         meetings; requiring certain railroad companies to
   57         construct and maintain fences under certain
   58         circumstances; providing fencing requirements;
   59         providing that a railroad company operating a high
   60         speed passenger rail system is liable for all damages
   61         arising from its failure to construct or maintain the
   62         fence, under certain circumstances; creating s.
   63         341.612, F.S.; requiring a railroad company operating
   64         a high-speed passenger rail system to be solely
   65         responsible for certain maintenance, improvement, and
   66         upgrade costs; specifying that a governmental entity
   67         is not responsible for any costs associated with the
   68         maintenance and improvements necessary to operate a
   69         high-speed passenger rail system unless the
   70         governmental entity expressly consents in writing;
   71         providing construction; creating s. 341.613, F.S.;
   72         establishing jurisdiction for the state to enforce
   73         specified provisions; requiring penalties for
   74         violations of specified provisions to be imposed upon
   75         the railroad company that commits such violations;
   76         creating s. 341.614, F.S.; providing severability;
   77         providing an effective date.
   78          
   79  Be It Enacted by the Legislature of the State of Florida:
   80  
   81         Section 1. Section 341.601, Florida Statutes, is created to
   82  read:
   83         341.601Short title.—Sections 341.601-341.614 shall be
   84  known as the “Florida High-Speed Passenger Rail Safety Act.”
   85         Section 2. Section 341.602, Florida Statutes, is created to
   86  read:
   87         341.602Definitions.—As used in ss. 341.601-341.614, the
   88  term:
   89         (1)“Department” means the Florida Department of
   90  Transportation.
   91         (2)“Freight railroad carrier” means any person, railroad
   92  corporation, or other legal entity in the business of providing
   93  freight rail transportation.
   94         (3)“Governmental entity” means the state, any of its
   95  agencies, or any of its political subdivisions.
   96         (4)“Hazardous materials” includes all materials and
   97  substances that are now designated or defined as hazardous by 49
   98  C.F.R. parts 100-199 and its implementing regulations, by 49
   99  U.S.C. s. 9601, and in any state law, rule, or program that
  100  regulates handling or transporting of such materials, wastes, or
  101  substances.
  102         (5)“High-speed passenger rail system” means any new
  103  intrastate passenger rail system that operates or proposes to
  104  operate its passenger trains at a maximum speed in excess of 80
  105  miles per hour and which was not carrying passengers before
  106  January 1, 2017.
  107         (6)“Pedestrian grade crossing” means a separate sidewalk
  108  or pathway where pedestrians, but not vehicles, cross railroad
  109  tracks.
  110         (7)“Public railroad-highway grade crossing” means a
  111  location at which a railroad track is crossed at grade by a
  112  public road.
  113         (8)“Rail corridor” means a linear, continuous strip of
  114  real property that is used for rail service. The term includes
  115  the corridor and structures essential to railroad operations,
  116  including the land, buildings, improvements, rights-of-way,
  117  easements, rail lines, rail beds, guideway structures, switches,
  118  yards, parking facilities, power relays, switching houses, rail
  119  stations, any ancillary development, and any other facilities or
  120  equipment used for the purposes of construction, operation, or
  121  maintenance of a railroad that provides rail service.
  122         (9)“Railroad company” means any individual, partnership,
  123  association, corporation, or company and its respective lessees,
  124  trustees, or receivers, appointed by a court, which develops or
  125  provides ground transportation that runs on rails, including,
  126  but not limited to, any of the following:
  127         (a)A high-speed passenger rail system.
  128         (b)A freight railroad carrier.
  129         (c)A company that owns a rail corridor.
  130         Section 3. Section 341.603, Florida Statutes, is created to
  131  read:
  132         341.603Public purpose and intent.—It is the intent of the
  133  Legislature to:
  134         (1)Encourage the creation of safe and cost-effective
  135  transportation options for this state’s residents and visitors,
  136  including high-speed passenger rail systems.
  137         (2)Promote and enhance the safety of high-speed passenger
  138  rail systems operating within the state to protect the health,
  139  safety, and welfare of the public.
  140         Section 4. Section 341.604, Florida Statutes, is created to
  141  read:
  142         341.604Applicability.—This act applies to any railroad
  143  company operating a high-speed passenger rail system and any
  144  railroad company that allows a high-speed passenger rail system
  145  to operate on or within its rail corridor.
  146         Section 5. Section 341.605, Florida Statutes, is created to
  147  read:
  148         341.605Powers and duties of the department; rules.—
  149         (1)The department may regulate railroad companies in this
  150  state insofar as such authority is not preempted by federal laws
  151  or regulations.
  152         (2)The department may obtain from any party all necessary
  153  information to enable it to perform its duties and carry out the
  154  requirements set forth in this act.
  155         (3)The department shall keep a record of all its findings,
  156  decisions, determinations, and investigations carried out under
  157  this act.
  158         (4)The department shall adopt rules, pursuant to the
  159  requirements of chapter 120, to administer this act.
  160         Section 6. Section 341.606, Florida Statutes, is created to
  161  read:
  162         341.606 Training for local emergency services.—If a high
  163  speed passenger rail system operates within the same rail
  164  corridor or on the same set of tracks as another railroad
  165  company that transports hazardous materials, the Florida
  166  Division of Emergency Management must offer the local
  167  communities and local emergency services located along the rail
  168  corridor training specifically designed to help them respond to
  169  an accident involving rail passengers or hazardous materials.
  170         Section 7. Section 341.607, Florida Statutes, is created to
  171  read:
  172         341.607Reporting requirements.—
  173         (1)A railroad company operating a high-speed passenger
  174  rail system shall furnish to the department a copy of the
  175  accident reports filed with the Federal Railroad Administration
  176  for each train accident that occurs within the rail corridor.
  177         (2)The department shall annually publish on its official
  178  website a compendium of the reports that include any fatalities,
  179  injuries, and accidents during the reporting timeframe which
  180  have occurred within a rail corridor where a high-speed
  181  passenger rail system operates.
  182         (3)A railroad company that transports liquefied natural
  183  gas on the same tracks or within the same rail corridor used by
  184  a high-speed passenger rail system within the state must submit
  185  an annual report to the department containing:
  186         (a)All insurance carried by the railroad company which
  187  covers any losses resulting from a reasonable worst-case
  188  unplanned release of liquefied natural gas.
  189         (b)Coverage amounts, limitations, and other conditions of
  190  the insurance identified in paragraph (a).
  191         (c)The average and largest liquefied natural gas train, as
  192  measured in metric tons, operated in the state by the railroad
  193  company in the previous calendar year.
  194         (d)Information sufficient to demonstrate the railroad
  195  company’s ability to pay the costs of remediating a reasonable
  196  worst-case unplanned release of liquefied natural gas,
  197  including, but not limited to, insurance, reserve accounts,
  198  letters of credit, or other financial instruments or resources
  199  on which the company can rely to pay all such costs. The
  200  department, in coordination with the Federal Railroad
  201  Administration and other public and private entities, as
  202  necessary, shall develop rules to determine applicable criteria
  203  for a reasonable worst-case unplanned release of liquefied
  204  natural gas.
  205         (4)All reporting requirements are for informational
  206  purposes only and may not be used to economically regulate the
  207  railroad company.
  208         Section 8. Section 341.608, Florida Statutes, is created to
  209  read:
  210         341.608Minimum safety standards for high-speed passenger
  211  rail.—
  212         (1)A railroad company operating a high-speed passenger
  213  rail system shall comply with all of the federal laws and
  214  regulations administered by the Federal Railroad Administration.
  215         (2)A railroad company operating a high-speed passenger
  216  rail system must install safety equipment that has been approved
  217  by the Federal Railroad Administration. Safety technology at a
  218  minimum shall include positive train control pursuant to 49
  219  C.F.R. part 229.
  220         (3)Before operating a high-speed passenger rail system, a
  221  railroad company shall also:
  222         (a)Install or realign crossing gates, including those at
  223  severely skewed, acute-angled locations as identified by either
  224  the department or the Federal Railroad Administration, so the
  225  gates are parallel to the tracks and in accordance with the most
  226  recent edition of the Manual on Uniform Traffic Control Devices
  227  published by the Federal Highway Administration and adopted by
  228  the department pursuant to s. 316.0745.
  229         (b)Equip all automatic public railroad-highway grade
  230  crossing warning systems with remote health monitoring
  231  technology capable of constantly monitoring the highway-railroad
  232  crossing to:
  233         1.Detect false activations;
  234         2.Detect other crossing signal malfunctions; and
  235         3.Notify the train dispatcher and railroad maintenance
  236  personnel whenever such a malfunction is detected.
  237         (c)Construct and maintain fencing in accordance with s.
  238  341.611.
  239         Section 9. Section 341.609, Florida Statutes, is created to
  240  read:
  241         341.609Maintenance and repair of roadbeds, tracks,
  242  culverts, and certain streets and sidewalks.—
  243         (1)A railroad company that constructs or operates a high
  244  speed passenger rail system on tracks that intersect with a
  245  public street or highway at grade shall, at its sole cost and
  246  expense, construct and thereafter maintain, renew, and repair
  247  all railroad roadbed, track, and railroad culverts within the
  248  confines of the public street or highway, and the streets or
  249  pedestrian grade crossings lying between the rails and for a
  250  distance outside the rails of 1 foot beyond the end of the
  251  railroad ties.
  252         (2)If the railroad company that constructs or operates a
  253  high-speed passenger rail system is required to install safety
  254  improvements that modify the width of a roadbed, the company is
  255  responsible for ensuring that the impacted roadbed meets the
  256  department’s transition requirements as set forth in the most
  257  recent edition of the department’s Design Standards and the
  258  Manual of Uniform Minimum Standards for Design, Construction and
  259  Maintenance for Streets and Highways.
  260         (3)This section does not impair any existing contractual
  261  agreements between the railroad company operating the high-speed
  262  passenger rail system and a governmental entity within the
  263  state.
  264         Section 10. Section 341.6101, Florida Statutes, is created
  265  to read:
  266         341.6101Safety inspections and inspectors.—
  267         (1)In accordance with the State Rail Safety Participation
  268  Program, which is designed to promote safety in all areas of
  269  railroad operations to reduce deaths, injuries, and damage to
  270  railroad property, the department’s railroad inspectors shall be
  271  certified by the Federal Railroad Administration and shall
  272  coordinate their activities with those of federal inspectors in
  273  the state in compliance with 49 C.F.R. part 212 and any other
  274  federal regulations governing state safety participation.
  275         (2)Unless the results are otherwise confidential under
  276  state or federal law, the department’s railroad inspectors shall
  277  report in writing the results of their inspections in the manner
  278  and on forms prescribed by the department. These reports shall
  279  be made available on the department’s website for the public to
  280  access.
  281         Section 11. Section 341.611, Florida Statutes, is created
  282  to read:
  283         341.611Fencing and separation requirements to protect the
  284  public.—
  285         (1)The department shall adopt rules that identify
  286  standards for it to conduct field surveys of the rail corridor
  287  being used by a high-speed passenger rail system. The field
  288  surveys must indicate areas where fencing is necessary for the
  289  health, safety, and welfare of the public.
  290         (2)At a minimum, the field survey should identify
  291  pedestrian traffic generators, such as nearby schools and parks,
  292  and signs of current pedestrian traffic that crosses the
  293  railroad tracks. The department must hold at least one public
  294  meeting in each community where new or substantially modified
  295  fencing is proposed before designs and plans for such fencing
  296  are finalized.
  297         (3)Once it has been determined that a fence is necessary
  298  to protect the health, safety, and welfare of the surrounding
  299  community, the railroad company operating a high-speed passenger
  300  rail system shall construct and maintain the fence on both sides
  301  of its railroad tracks in a manner sufficient to prevent
  302  intrusion.
  303         (4)The fencing must be placed 1 foot inside the edge of
  304  the railroad company’s right-of-way.
  305         (5)The fencing must be maintained by the railroad company
  306  operating a high-speed passenger rail system, unless a
  307  governmental entity has contractually consented to undertaking
  308  the responsibility for maintaining the fence within its
  309  jurisdiction.
  310         (6)The fence must be at least 4 1/2 feet in height.
  311  Ornamental fencing must be used within urban areas. Chain-link
  312  fencing may be used in locations outside of urban areas.
  313         (7)If a railroad company operating a high-speed passenger
  314  rail system neglects to construct or maintain a required fence,
  315  the railroad company is liable for all damages arising from its
  316  failure to construct or maintain such fence unless another
  317  entity is responsible for maintenance under subsection (5).
  318         Section 12. Section 341.612, Florida Statutes, is created
  319  to read:
  320         341.612Safety improvements associated with the operation
  321  of a high-speed passenger rail system.—
  322         (1)A railroad company operating a high-speed passenger
  323  rail system shall be solely responsible for all maintenance
  324  costs associated with the safety equipment installed at public
  325  railroad-highway grade crossings and at pedestrian grade
  326  crossings which are related to the system’s operation and
  327  safety. A governmental entity is not responsible for any costs
  328  associated with the maintenance necessary to operate a high
  329  speed passenger rail system unless the governmental entity
  330  expressly consents in writing.
  331         (2)A railroad company operating a high-speed passenger
  332  rail system shall be solely responsible for all costs associated
  333  with the improvements and upgrades at all public railroad
  334  highway grade crossings on which the state does not use federal
  335  funds to eliminate hazards, and at pedestrian grade crossings
  336  relating to the system’s operation and safety. A governmental
  337  entity is not responsible for any costs associated with the
  338  improvements necessary to operate a high-speed passenger rail
  339  system unless the governmental entity expressly consents in
  340  writing.
  341         (3)This section does not impair any existing contractual
  342  agreements between a railroad company and a governmental entity
  343  within the state.
  344         (4)This section does not require a railroad company to
  345  share in the cost of work for the elimination of hazards at
  346  public railroad-highway grade crossings on which the state uses
  347  federal funds to eliminate hazards.
  348         Section 13. Section 341.613, Florida Statutes, is created
  349  to read:
  350         341.613Enforcement.—Jurisdiction to enforce ss. 341.601
  351  341.614 shall be as provided by s. 316.640, and any penalty for
  352  a violation of ss. 341.601-341.614 shall be imposed upon the
  353  railroad company that commits such violation.
  354         Section 14. Section 341.614, Florida Statutes, is created
  355  to read:
  356         341.614 Severability.—If any provision of this act or its
  357  application to any person or circumstance is held invalid, the
  358  invalidity does not affect other provisions or applications of
  359  this act which can be given effect without the invalid provision
  360  or application, and to this end the provisions of this act are
  361  severable.
  362         Section 15. This act shall take effect July 1, 2018.