Florida Senate - 2020                                    SB 1468
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-01092A-20                                          20201468__
    1                        A bill to be entitled                      
    2         An act relating to trains; creating s. 341.3023, F.S.;
    3         requiring, as a condition of operation in this state,
    4         that trains used in connection with the movement of
    5         freight and passengers have a crew that consists of at
    6         least two individuals; providing exceptions; defining
    7         terms; authorizing the Secretary of Transportation to
    8         exempt certain railroad carriers from specified
    9         provisions of law under certain conditions; providing
   10         requirements for such exemptions; authorizing the
   11         Department of Transportation to assess civil penalties
   12         against a person or an entity for a specified
   13         violation, subject to certain requirements; requiring
   14         the department to exercise certain authority to the
   15         extent that such authority is not preempted by federal
   16         law or regulation; creating s. 341.3024, F.S.;
   17         requiring, as a condition of operation in this state,
   18         that trains used in connection with the movement of
   19         certain materials and substances have a crew that
   20         consists of at least two individuals; authorizing the
   21         Secretary of Transportation to exempt certain railroad
   22         carriers from specified provisions of law under
   23         certain conditions; providing requirements for such
   24         exemptions; authorizing the department to assess civil
   25         penalties against a person or entity for a specified
   26         violation, subject to certain requirements; requiring
   27         the department to exercise certain authority to the
   28         extent that such authority is not preempted by federal
   29         law or regulation; providing an effective date.
   30  
   31         WHEREAS, the safety of train passengers, crewmembers,
   32  commuters, and residents of the communities in this state which
   33  are traversed by trains, and the safe transport of the freight
   34  carried on those trains, are of paramount importance to this
   35  state, and
   36         WHEREAS, the right to regulate statewide safety concerns
   37  that the United States Secretary of Transportation has not
   38  addressed through the promulgation of a specific rule,
   39  regulation, or standard covering and subsuming the subject
   40  matter falls exclusively to the state, and
   41         WHEREAS, railroad operational challenges make it necessary,
   42  expedient, and a matter of public safety that at least two
   43  qualified persons operate the trains that traverse this state,
   44  and
   45         WHEREAS, positive train control is, or once fully
   46  operational will become, a necessary safety overlay to the safe
   47  operations of passenger and freight train service in this state,
   48  but is not a replacement for minimal safe staffing requirements
   49  for trains, and
   50         WHEREAS, the National Transportation Safety Board’s
   51  recommendations regarding situational awareness, safety policies
   52  adopted by carriers, and regulatory requirements make a minimum
   53  train staffing level of at least two qualified persons in the
   54  cab of a leading locomotive indispensable and practically
   55  necessary, and
   56         WHEREAS, the lives of hundreds of passengers in commuter
   57  and passenger trains in this state depend on the training,
   58  knowledge, skills, and expertise of at least two qualified
   59  crewmembers to safely get them to their destination and to
   60  navigate the immediate aftermath of a train-related emergency in
   61  order to minimize injury and loss of life, and
   62         WHEREAS, hazardous materials travel safely by train through
   63  our communities with the comfort of, and dependence on, a safety
   64  culture with safety overlays and required redundancy which is
   65  vital to avoiding accidents and of the utmost necessity when an
   66  accident does occur, particularly in populated areas of this
   67  state, and a minimum of two qualified persons is a required
   68  component of such a safe operational system, and
   69         WHEREAS, first responders rely on and work directly with
   70  ground crewmembers during emergency situations and depend on
   71  them for their own safety while on and around the tracks, and it
   72  is necessary that at least one crewmember remain at the controls
   73  of the locomotive to ensure safety and vital communications, and
   74         WHEREAS, a state regulation requiring that trains used in
   75  connection with the movement of freight and passengers have a
   76  crew that consists of at least two individuals is not
   77  incompatible with any law, regulation, or order of the United
   78  States Government, and
   79         WHEREAS, most existing state rail operations have a minimum
   80  staffing level of two qualified persons, and this act makes
   81  reasonable exceptions and accommodations that will not
   82  negatively affect the intent to protect and enhance rail safety
   83  statewide, while not unreasonably burdening interstate commerce,
   84  NOW, THEREFORE,
   85  
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Section 341.3023, Florida Statutes, is created
   89  to read:
   90         341.3023 Crew requirements for trains.—
   91         (1) Except as otherwise provided in this section, as a
   92  condition of operation in this state, a train used in connection
   93  with the movement of freight or passengers must have a crew that
   94  consists of at least two individuals.
   95         (2) A train engaged in the transport of passengers in this
   96  state may operate with one qualified individual in the train and
   97  one qualified individual in a connected rail car, provided that,
   98  in corridors that are not positive train control-protected or
   99  where positive train control systems are inoperable or known to
  100  be failing, at least two qualified individuals must operate in
  101  the train.
  102         (3)A train may operate with fewer than two individuals if
  103  it is any one of the following:
  104         (a) A train engaged in switching movements, whether at a
  105  rail yard, a line of road, or a customer facility. Such a train
  106  may operate with one qualified individual in the train and at
  107  least one qualified individual remotely operating the train.
  108         (b)A train performing helper service. For purposes of this
  109  paragraph, the term “helper service means the use of a train or
  110  group of trains to assist another train that has experienced
  111  mechanical failure or that lacks the power to traverse difficult
  112  terrain, and includes traveling to or from a location where
  113  assistance is provided.
  114         (c)A train used for purposes of tourist, scenic, historic,
  115  or excursion operations and not operating as part of the rail
  116  system. However, if the train operates for 1.5 hours or more
  117  during the hours between 11 p.m. and 5:30 a.m., it must be
  118  operated by two qualified individuals during those hours.
  119         (d)A train that is not attached to any piece of equipment
  120  or is attached only to a caboose and that is not traveling more
  121  than 30 miles outside of a rail yard.
  122         (e)A train performing hostler service. For purposes of
  123  this paragraph, the term “hostler service” means the movement of
  124  a train not attached to rail cars inside a rail yard.
  125         (f) A freight train used for the purposes of mine loadout
  126  or plant dumping, or a similar operation in which a freight
  127  train is being loaded or unloaded in an assembly-line manner in
  128  an industry while the train moves at a speed of 10 miles per
  129  hour or less.
  130         (4)(a) The Secretary of Transportation may exempt a
  131  railroad carrier with 15 or fewer employees from the limitations
  132  imposed by this section if a train is being operated under all
  133  of the following conditions:
  134         1.The authorized maximum speed of the train is 15 miles
  135  per hour or less.
  136         2.The average grade of any segment of the track on which
  137  the train travels is less than 1 percent over 3 continuous miles
  138  or 2 percent over 2 continuous miles.
  139         (b)The secretary may exempt a carrier from this section
  140  after a full hearing for good cause shown and upon determining
  141  that the exemption is in the public interest and will not
  142  adversely affect safety. The exemption must be for a specific
  143  period of time and subject to review at least annually.
  144         (5) The department may assess a civil penalty against a
  145  person or an entity that violates this section. If the
  146  department assesses a civil penalty, it must do so as follows:
  147         (a) If, within the 3 years before the violation occurred,
  148  the department has not assessed a civil penalty under this
  149  section against such person or entity, it may assess a penalty
  150  in an amount not less than $250, but not more than $1,000.
  151         (b) If, within the 3 years before the violation occurred,
  152  the department has assessed one civil penalty under this section
  153  against such person or entity, it may assess a penalty in an
  154  amount not less than $1,000, but not more than $5,000.
  155         (c) If, within the 3 years before the violation occurred,
  156  the department has assessed two or more civil penalties under
  157  this section against such person or entity, it may assess a
  158  penalty in an amount not less than $5,000, but not more than
  159  $10,000.
  160         (6) The department shall exercise the authority granted
  161  under this section to the extent that such authority is not
  162  preempted by federal law or regulation.
  163         Section 2. Section 341.3024, Florida Statutes, is created
  164  to read:
  165         341.3024Crew requirements for trains used in connection
  166  with the transport of certain materials and substances;
  167  penalties.—
  168         (1) As a condition of operation in this state, a crew that
  169  consists of at least two individuals is required to operate a
  170  train used in connection with the movement of any of the
  171  following:
  172         (a) One or more loaded freight rail cars containing
  173  materials poisonous by inhalation as defined in 49 C.F.R. s.
  174  171.8, including, but not limited to, anhydrous ammonia (UN
  175  1005) and ammonia solutions (UN 3318).
  176         (b) Ten or more loaded freight rail cars or freight rail
  177  cars loaded with bulk packaging as defined in 49 C.F.R. s. 171.8
  178  or with intermodal portable tanks containing any combination of
  179  materials poisonous by inhalation or any Division 2.1 flammable
  180  gases, Class 3 flammable liquids, or Division 1.1 or 1.2
  181  explosives listed in 49 C.F.R. part 173, or hazardous substances
  182  listed in 49 C.F.R. s. 173.31(f)(2).
  183         (2)(a) The Secretary of Transportation may exempt a
  184  railroad carrier having 15 or fewer employees from the
  185  limitations imposed by this section if a train is being operated
  186  under all of the following conditions:
  187         1.The maximum authorized speed of the train is 15 miles
  188  per hour or less.
  189         2.The average grade of any segment of the track on which
  190  the train travels is less than 1 percent over 3 continuous miles
  191  or 2 percent over 2 continuous miles.
  192         (b)The secretary may exempt a carrier from this section
  193  after a full hearing for good cause shown and upon determining
  194  that the exemption is in the public interest and will not
  195  adversely affect safety. The exemption must be for a specific
  196  period of time and subject to review at least annually.
  197         (3)The department may assess a civil penalty against a
  198  person or entity that violates this section. If the department
  199  assesses a civil penalty, it must assess a penalty in an amount
  200  not less than $2,500, but not more than $10,000. However, if the
  201  Secretary of Transportation makes a finding of a willful
  202  violation of this section, the department may assess a penalty
  203  in an amount not more than $100,000.
  204         (4) The department shall exercise the authority granted
  205  under this section to the extent that such authority is not
  206  preempted by federal law or regulation.
  207         Section 3. This act shall take effect July 1, 2020.