HLS 12RS-1337 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 972
BY REPRESENTATIVE EDWARDS
RAILROADS: Authorizes the Public Service Commission to implement the Federal
Railroad State Safety Program Participation Agreement
AN ACT1
To enact R.S. 45:563 and 564 and to repeal R.S. 45:561 and 562, relative to railroad safety;2
to provide for the Public Service Commission; to implement the Federal Railroad3
State Safety Participation Program; to provide for funding; to authorize inspection4
of railroad facilities; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 45:563 and 564 are hereby enacted to read as follows:7
§563. Implementation of Federal Railroad State Safety Act of 19708
A. The Public Service Commission is hereby authorized to perform any act9
and issue any rules or orders as permitted by the Federal Railroad State Safety10
Participation regulations (49 CFR Part 212).11
B.(1) The commission by order shall adopt reasonable fees to be assessed12
annually against railroads operating within the state.13
(2) The commission by order shall establish the method by which the fees14
are calculated and assessed.15
(3) The total amount of fees estimated to be collected by orders adopted by16
the commission under this Section may not exceed the amount estimated by the17
commission to be necessary to recover the costs of administering the commission's18
rail safety program.19 HLS 12RS-1337 ORIGINAL
HB NO. 972
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) In adopting a fee structure, the commission may consider the gross ton1
miles for railroad operations within the state of Louisiana for each railroad operating2
in the state to provide for the equitable allocation among railroads of the cost of3
administering the commission's rail safety program.4
(5) The fees collected under this Section shall be collected for the Public5
Service Commission by the Department of Revenue in a manner similar to that6
performed by the department pursuant to R.S. 45:1177(B).7
(6) These fees collected by the Department of Revenue shall be immediately8
deposited into the state treasury, and prior to these monies being placed into the state9
general fund, an amount equal to that deposited as required by this Section and the10
fees established by the Public Service Commission, shall be credited to a special11
fund hereby created in the state treasury to be known as the "Commission Rail Safety12
Program". The monies in this fund shall be used solely for the expenses of the13
operations of the commission in its administration of this program.14
§564. Authority to inspect railroad facility15
A. The Public Service Commission may enter private property on which a16
general railroad system of transportation is located at a reasonable time and in a17
reasonable manner to perform an inspection, investigation, or surveillance of the18
general railroad system's facilities, equipment, records, and operations relating to19
general operations, rolling stock, and the packaging, loading, or transporting of20
hazardous materials to determine whether the general railroad system complies with21
the applicable safety requirements of this Section or orders adopted by the22
commission.23
B. In performing an inspection in accordance with this Section, the24
commission shall not require a railroad facility owner or operator to alter or cease25
rail operations.26
C. Any inspection, investigation, or surveillance performed on the site of a27
manufacturing facility shall be performed in compliance with the safety rules or28 HLS 12RS-1337 ORIGINAL
HB NO. 972
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
regulations of the facility, including security clearance at the front gate if1
appropriate.2
Section 2. R.S. 45:561 and 562 are hereby repealed in their entirety.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Edwards HB No. 972
Abstract: Authorizes the Public Service Commission to execute and implement the Federal
Railroad State Safety Participation Program.
Proposed law authorizes the La. Public Service Commission to perform any act and issue
any orders necessary to implement the Federal Railroad State Safety Participation
regulations (49 CFR Part 212).
Proposed law authorizes the commission to adopt reasonable fees assessed annually to the
railroads operating in this state in an amount not to exceed the cost of administering its rail
safety program.
Proposed law authorizes the commission to enter private property of the railroad at a
reasonable time and manner for the purpose of performing inspections, investigations, and
surveillance activities relating to general operations, rolling stock, and the packaging,
loading, or transportation of hazardous materials to determine compliance with applicable
safety requirements.
Proposed law places the provisions of the repealed present law in provisions of proposed
law.
(Adds R.S. 45:563 and 564; Repeals R.S. 45:561 and 562)