EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1446*
HOUSE BILL 1446
K3 4lr3071
CF SB 1060
By: Delegate Stein
Introduced and read first time: February 9, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Railroads – Safety Requirements 2
(Maryland Railway Safety Act of 2024) 3
FOR the purpose of establishing requirements and prohibitions related to the operation of 4
railroads in the State, including provisions related to the size of the crew, wayside 5
detectors, and investigations by railroad labor union representatives; requiring the 6
Commissioner of Labor and Industry to establish and maintain a database regarding 7
the transportation of hazardous materials and waste by rail in the State; and 8
generally relating to safety requirements for railroads. 9
BY adding to 10
Article – Labor and Employment 11
Section 5.5–110(e), 5.5–110.1, 5.5–111.1, and 5.5–113.1 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Labor and Employment 17
5.5–110. 18
(E) (1) THIS SUBSECTION APPLI ES TO A TRAIN OR LIG HT ENGINE USED IN 19
CONNECTION WITH THE MOVEMENT OF RAILROAD FREIGHT. 20
(2) THIS SUBSECTION DOES NOT APPLY TO A TRAIN OR LIGHT ENGINE 21
USED IN CONNECTION W ITH THE MOVEMENT OF RAILROAD FREIGHT INV OLVING: 22
(I) HOSTLER SERVICE ; OR 23 2 HOUSE BILL 1446
(II) UTILITY EMPLOYEES IN YARD SERVICE. 1
(3) A TRAIN OR LIGHT ENGIN E USED IN CO NNECTION WITH THE 2
MOVEMENT OF RAILROAD FREIGHT MAY NOT BE O PERATED IN THE STATE UNLESS 3
THE TRAIN OR LIGHT E NGINE HAS A CREW OF AT LEAST TWO INDIVID UALS. 4
(4) (I) A PERSON WHO WILLFULLY VIOLATES THIS SUBSEC TION IS 5
SUBJECT TO A CIVIL P ENALTY ASSESSED BY T HE COMMISSIONER OF : 6
1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 7
SUBPARAGRAPH , A FINE NOT TO EXCEED $10,000; OR 8
2. IF THE PERSON PREVIO USLY COMMITTED A WIL LFUL 9
VIOLATION WITHIN THE IMMEDIATELY PRECEDIN G 3 YEARS, A FINE NOT TO EXCEED 10
$25,000. 11
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 12
PARAGRAPH , A RAILROAD COMPANY S HALL BE SOLELY RESPO NSIBLE FOR THE 13
ACTIONS OF ITS AGENT S OR EMPLOYEES WHO V IOLATE THIS SUBSECTI ON. 14
5.5–110.1. 15
(A) THE COMMISSIONER SHALL ES TABLISH AND MAINTAIN A DATABASE 16
REGARDING THE TRANSPORTATION O F HAZARDOUS MATERIAL S AND WASTE BY RAIL 17
IN THE STATE. 18
(B) (1) INFORMATION IN THE DA TABASE MAY NOT BE PR OVIDED TO THE 19
PUBLIC AND IS NOT SU BJECT TO DISCLOSURE UNDER THE PUBLIC INFORMATION 20
ACT. 21
(2) THE COMMISSIONER SHALL MA KE INFORMA TION CONTAINED IN 22
THE DATABASE AVAILAB LE TO: 23
(I) THE MARYLAND DEPARTMENT OF EMERGENCY 24
MANAGEMENT ; AND 25
(II) THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 26
(C) THE COMMISSIONER SHALL AD OPT REGULATIONS TO C ARRY OUT THIS 27
SECTION, INCLUDING REGULATION S: 28
(1) DEFINING THE SUBSTAN CES THAT CONSTITUTE HAZARDOUS 29
MATERIALS AND HAZARD OUS WASTE; AND 30 HOUSE BILL 1446 3
(2) ESTABLISHING THE MAN NER IN WHICH RAILROA D COMPANIES 1
ARE REQUIRED TO REPO RT INFORMATION REGAR DING THE TRANSPORT O F 2
HAZARDOUS MATERIALS AND HAZARDOUS WASTE TO THE COMMISSIONER FOR 3
INCLUSION IN THE DAT ABASE UNDER THIS SEC TION. 4
5.5–111.1. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “EQUIPMENT DEFECT ” MEANS: 8
(I) A HOT WHEEL; 9
(II) A HOT WHEEL BEARING ; 10
(III) A WHEEL BEARING THAT SHOWS OR OTHERWISE I NDICATES 11
SIGNS OF FAILING; 12
(IV) DRAGGING EQUIPMENT ; 13
(V) EXCESSIVE TRAIN CAR HEIGHT OR WEIGHT ; 14
(VI) A SHIFTED LOAD ; 15
(VII) A LOW AIR HOSE; 16
(VIII) A RAIL TEMPERATURE D EFECT; OR 17
(IX) A WHEEL CO NDITION DEFECT . 18
(3) (I) “WAYSIDE DETECTOR SYST EM” MEANS AN ELECTRONIC 19
DEVICE OR A SERIES O F CONNECTED OR NETWO RKED DEVICES THAT SC AN PASSING 20
TRAINS, ROLLING STOCK , AND ON–TRACK EQUIPMENT FOR DEFECTS AND 21
IMMEDIATELY TRANSMIT AN ALERT INDICATING THE DETECTION OF THE DEFECT T O 22
THE OPERATOR OF THE TRAIN, ROLLING STOCK , OR ON–TRACK EQUIPMENT . 23
(II) “WAYSIDE DETECTOR SYST EM” INCLUDES DEVICES 24
CAPABLE OF: 25
1. TEMPERATURE DETECTIO N; 26
4 HOUSE BILL 1446
2. ACOUSTIC DETECTION ; 1
3. DRAGGING EQUIPMENT D ETECTION; 2
4. IMPACT DETECTION ; AND 3
5. OPTICAL MONITORING . 4
(B) THIS SECTION APPLIES ONLY TO A RAILROAD C OMPANY THAT OWNS OR 5
IS OTHERWISE RESPONS IBLE FOR A RAILROAD TRACK THAT THE FEDERAL 6
RAILROAD ADMINISTRATION HAS DE SIGNATED CLASS IV OR GREATER. 7
(C) (1) EACH RAILROAD COMPANY SHA LL INSTALL A WAYSIDE DETECTOR 8
SYSTEM ON RAILROAD T RACKS OWNED OR OTHER WISE UNDER THE RESPO NSIBILITY 9
OF THE RAILROAD COMP ANY THAT THE FEDERAL RAILROAD ADMINISTRATION HAS 10
DESIGNATED CLASS IV OR GREATER. 11
(2) (I) EACH RAILROAD COMPANY SHALL INSTALL , MAINTAIN, 12
REPAIR, AND OPERATE EACH WAY SIDE DETECTOR SYSTEM IN ACCORDANCE WITH 13
ALL APPLICABLE GUIDE LINES AND REGULATION S ADOPTED BY THE FED ERAL 14
DEPARTMENT OF TRANSPORTATION . 15
(II) A RAILROAD COMPANY SHA LL REMOVE AND REPLAC E AN 16
EXPIRED, BROKEN, OR OBSOLETE WAYSIDE DETECTOR SYSTEM OR P ART OF A 17
WAYSIDE DETECTOR SYS TEM. 18
(III) A RAILROAD COMPANY SHA LL PLACE EACH WAYSID E 19
DETECTOR SYSTEM AT A N APPROPRIATE DISTAN CE, AS DETERMINED BY THE 20
COMMISSIONER , FROM OTHER WAYSIDE D ETECTOR SYSTEMS AND AT A LOCATION 21
THAT WILL ALLOW A TR AIN OPERATOR SUFFICI ENT TIME TO: 22
1. RESPOND TO AN ALERT RECEIVED FROM THE 23
WAYSIDE DETECTOR SYS TEM; 24
2. IF NECESSARY, STOP THE TRAIN, ROLLING STOCK , OR 25
ON–TRACK EQUIPMENT ; AND 26
3. IF NECESSARY , MAKE REPAIRS OR REM OVE 27
EQUIPMENT THAT IS FO UND BY THE TRAIN OPE RATOR TO BE DEFECTIV E. 28
(3) (I) EACH RAILROAD COMPANY SHALL ESTABLISH WRIT TEN 29
POLICIES AND TRAININ G REQUIREMENTS FOR T HE RAILROAD COMPANY ’S 30
EMPLOYEES FOR : 31 HOUSE BILL 1446 5
1. MONITORING FOR ALERT S FROM WAYSIDE DETEC TOR 1
SYSTEMS; 2
2. RESPONDING TO ALERTS RECEIVED FROM WAYSID E 3
DETECTOR SYSTEMS ; AND 4
3. ADDRESSING DEFECTS . 5
(II) A RAILROAD COMPANY SHA LL MONITOR THE RESPO NSE OF 6
THE RAILROAD COMPANY ’S EMPLOYEES TO ALERT S RECEIVED FROM WAYS IDE 7
DETECTOR SYSTEMS AND TAKE APPROPRIATE ACTIONS IF AN EMPLOYEE FAILS TO 8
TAKE THE REQUIRED CO URSE OF ACTION . 9
(D) THE COMMISSIONER SHALL ES TABLISH A PROCESS FO R CERTIFYING 10
THAT EACH RAILROAD C OMPANY HAS INSTALLED WAYSIDE DETECTOR SYS TEMS ON 11
TRACKS IN THE STATE AS REQUIRED UND ER SUBSECTION (C) OF THIS SECTION. 12
(E) (1) THE COMMISSIONER SHALL IN VESTIGATE ALLEGED VI OLATIONS 13
OF THIS SECTION. 14
(2) (I) IF THE COMMISSIONER DETERMIN ES THAT A RAILROAD 15
COMPANY HAS VIOLATED THIS SECTION OR VIOL ATED REGULATIONS ADO PTED BY 16
THE COMMISSIONER UND ER THIS SECTION , THE COMMISSIONER SHALL IS SUE A 17
WRITTEN REPORT TO TH E RAILROAD COMPANY : 18
1. DETAILING THE REASON S FOR FINDING THAT A 19
VIOLATION HAS OCCURR ED; AND 20
2. ORDERING THE RAILROA D COMPANY TO CORRECT 21
THE VIOLATION WITHIN 60 DAYS AFTER THE RE PORT IS ISSUED. 22
(II) IF THE COMMISSIONER ISSUES A REPORT UNDER 23
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE COMMISSIONER SHALL SU BMIT THE 24
REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 25
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 26
(F) (1) A RAILROAD COMPANY THA T FAILS TO CORRECT A VIOLATION 27
WITHIN 60 DAYS AFTER ISSUANCE OF A REPORT BY THE COMMISSIONER UNDER 28
SUBSECTION (E) OF THIS SECTION IS S UBJECT TO A CIVIL FI NE NOT EXCEEDING 29
$10,000 TO BE ASSESSED BY TH E COMMISSIONER . 30
(2) EACH DAY THAT THE PERSON FA ILS TO CORRECT A VIO LATION 31 6 HOUSE BILL 1446
AFTER THE 60–DAY PERIOD SHALL CON STITUTE A SEPARATE V IOLATION. 1
(G) THE COMMISSIONER SHALL AD OPT REGULATIONS TO C ARRY OUT THIS 2
SECTION. 3
5.5–113.1. 4
(A) IN THIS SECTION, “AUTHORIZED RAILROAD UNION REPRESENTATIVE ” 5
MEANS AN INDIVIDUAL SELECTED BY THE HEAD OF A LABOR UNION WHO SE 6
MEMBERS ARE EMPLOYED TO WORK IN THE STATE BY A RAILROAD C OMPANY. 7
(B) (1) A RAILROAD COMPANY SHA LL ALLOW UP TO TWO A UTHORIZED 8
RAILROAD UNION REPRE SENTATIVES FOR EACH UNION REP RESENTING THE 9
RAILROAD COMPANY ’S EMPLOYEES REASONAB LE ACCESS TO ALL PRO PERTY OWNED 10
OR LEASED BY THE RAI LROAD COMPANY FOR TH E PURPOSE OF INVESTI GATING: 11
(I) VIOLATIONS OF FEDERA L OR STATE LAWS AND 12
REGULATIONS ; AND 13
(II) SAFETY HAZARDS THAT MAY RESULT IN INJURY OR DEATH 14
TO A RAILROAD EMPLOY EE OR BE CONSIDERED A THREAT TO PUBLIC S AFETY. 15
(2) IF AN AUTHORIZED RAIL ROAD UNION REPRESENT ATIVE IS 16
CONDUCTING AN INVEST IGATION DESCRIBED UN DER PARAGRAPH (1) OF THIS 17
SUBSECTION, THE RAILROAD COMPANY : 18
(I) SHALL ALLOW THE AUTHORI ZED RAILROAD UNION 19
REPRESENTATIVE TO TA KE PHOTOGRAPHS AND I NVESTIGATE RAILROAD PROPERTY 20
TO THE EXTENT NECESS ARY TO ENSURE COMPLI ANCE WITH FEDERAL AN D STATE 21
LAWS AND REGULATIONS ; AND 22
(II) MAY NOT ALLEGE THAT THE AUTHORIZED RAILR OAD UNION 23
REPRESENTATIVE IS TR ESPASSING ON RAILROA D PROPERTY. 24
(3) A RAILROAD COMPANY SHA LL BE SOLELY RESPONS IBLE FOR THE 25
ACTIONS OF ITS AGENT S OR EMPLOYEES WHO V IOLATE THIS SUBSECTI ON. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2024. 28