EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1060*
SENATE BILL 1060
K3 4lr2766
CF 4lr3071
By: Senators Ellis and Augustine
Introduced and read first time: February 2, 2024
Assigned to: Finance
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, the 5
blocking of highway grade crossings, wayside detectors, and investigations by 6
railroad labor union representatives; requiring the Commission of Labor and 7
Industry to establish and maintain a database regarding the transportation of 8
hazardous materials and waste by rail in the State; and generally relating to safety 9
requirements for railroads. 10
BY adding to 11
Article – Labor and Employment 12
Section 5.5–110(e), 5.5–110.1, 5.5–110.2, 5.5–111.1, and 5.5–113.1 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Labor and Employment 18
5.5–110. 19
(E) (1) THIS SUBSECTION APPLI ES TO A TRAIN OR LIG HT ENGINE USED IN 20
CONNECTION WITH THE MOVEMENT OF RAILROAD FREIGHT. 21
(2) THIS SUBSECTION DOES NOT APPLY TO A TRAIN OR LIGHT ENGINE 22
USED IN CONNECTION W ITH THE MOVEMENT OF RAILROAD FREIGHT INV OLVING: 23
2 SENATE BILL 1060
(I) HOSTLER SERVICE ; OR 1
(II) UTILITY EMPLOYEES IN YARD SERVICE. 2
(3) A TRAIN OR LIGHT ENGIN E USED IN CONNECTION WITH THE 3
MOVEMENT OF RAILROAD FREIGHT MAY NOT BE O PERATED IN THE STATE UNLESS 4
THE TRAIN OR LIGHT E NGINE HAS A CREW OF AT LEAST TWO INDIVID UALS. 5
(4) (I) A PERSON WHO WILLFULLY VIOLATES THIS SUBSE CTION IS 6
SUBJECT TO A CIVIL PENALTY ASSESS ED BY THE COMMISSIONER OF: 7
1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 8
SUBPARAGRAPH , A FINE NOT TO EXCEED $10,000; OR 9
2. IF THE PERSON PREVIO USLY COMMITTED A WIL LFUL 10
VIOLATION WITHIN THE IMMEDIATELY PRECEDIN G 3 YEARS, A FINE NOT TO EXCEED 11
$25,000. 12
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 13
PARAGRAPH , A RAILROAD COMPANY S HALL BE SOLELY RESPO NSIBLE FOR THE 14
ACTIONS OF ITS AGENT S OR EMPLOYEES WHO VIOLATE THIS SUBSECTION . 15
5.5–110.1. 16
(A) THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A DATABASE 17
REGARDING THE TRANSP ORTATION OF HAZARDOU S MATERIALS AND WASTE BY RAIL 18
IN THE STATE. 19
(B) (1) INFORMATION IN THE DA TABASE MAY NOT BE PROVIDED TO THE 20
PUBLIC AND IS NOT SU BJECT TO DISCLOSURE UNDER THE PUBLIC INFORMATION 21
ACT. 22
(2) THE COMMISSIONER SHALL MA KE INFORMATION CONTAINED IN 23
THE DATABASE AVAILAB LE TO: 24
(I) THE MARYLAND DEPARTMENT OF EMERGENCY 25
MANAGEMENT ; AND 26
(II) THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 27
(C) THE COMMISSIONER SHALL AD OPT REGULATIONS TO C ARRY OUT THIS 28
SECTION, INCLUDING REGULATION S: 29
(1) DEFINING THE SUBSTANCES THAT CONS TITUTE HAZARDOUS 30 SENATE BILL 1060 3
MATERIALS AND HAZARD OUS WASTE; AND 1
(2) ESTABLISHING THE MANNER IN WHICH RAILROAD COMPANIES 2
ARE REQUIRED TO REPO RT INFORMATION REGARDIN G THE TRANSPORT OF 3
HAZARDOUS MATERIALS AND HAZARDOUS WASTE TO THE COMMISSIONER FOR 4
INCLUSION IN THE DAT ABASE UNDER THIS SECTION . 5
5.5–110.2. 6
(A) (1) AN OPERATOR OF A TRAIN MAY NOT BLOCK A HIGH WAY GRADE 7
CROSSING FOR MORE THAN 5 MINUTES WHILE THE TRAIN IS S TANDING, UNLESS THE 8
TRAIN IS A PASSENGER TR AIN AND IS BOARDING OR DISCHARGING PASSE NGERS. 9
(2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION 10
IS SUBJECT TO A CIVI L FINE NOT EXCEEDING $5,000 PER VIOLATION TO BE 11
ASSESSED BY THE COMMISSIONER . 12
(B) (1) A RAILROAD COMPANY MAY NOT OPERATE A TRAIN THAT IS A 13
FREIGHT TRAIN OR A WORK TRAIN THAT EXCEEDS 8,500 FEET IN LENGTH ON ANY 14
PART OF A MAIN TRACK OR A BRANCH LINE. 15
(2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION 16
IS SUBJECT TO A CIVI L FINE NOT EXCEEDING $10,000 PER VIOLATION TO BE 17
ASSESSED BY THE COMMISSIONER . 18
5.5–111.1. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “EQUIPMENT D EFECT” MEANS: 22
(I) A HOT WHEEL; 23
(II) A HOT WHEEL BEARING ; 24
(III) A WHEEL BEARING THAT SHOWS OR OTHERWISE I NDICATES 25
SIGNS OF FAILING; 26
(IV) DRAGGING EQUIPMENT ; 27
(V) EXCESSIVE TRAIN CAR HEIGHT OR WEIGHT; 28
4 SENATE BILL 1060
(VI) A SHIFTED LOAD ; 1
(VII) A LOW AIR HOSE; 2
(VIII) A RAIL TEMPERATURE D EFECT; OR 3
(IX) A WHEEL CONDITION DE FECT. 4
(3) (I) “WAYSIDE DETECTOR SYST EM” MEANS AN ELECTRONIC 5
DEVICE OR A SERIES O F CONNECTED OR NETWO RKED DEVICES THAT SC AN PASSING 6
TRAINS, ROLLING STOCK , AND ON–TRACK EQUIPMENT FOR DEFECTS AND 7
IMMEDIATELY TRANSMIT AN ALERT INDICATING THE DETECTION OF THE DEF ECT TO 8
THE OPERATOR OF THE TRAIN , ROLLING STOCK , OR ON–TRACK EQUIPMENT . 9
(II) “WAYSIDE DETECTOR SYST EM” INCLUDES DEVICES 10
CAPABLE OF: 11
1. TEMPERATURE DETECTIO N; 12
2. ACOUSTIC DETECTION ; 13
3. DRAGGING EQUIPMENT D ETECTION; 14
4. IMPACT DETECTION ; AND 15
5. OPTICAL MONITORING . 16
(B) THIS SECTION APPLIES ONLY TO A RAILROAD C OMPANY THAT OWNS OR 17
IS OTHERWISE RESPONS IBLE FOR A RAILROAD TRACK THAT THE FEDERAL 18
RAILROAD ADMINISTRATION HAS DE SIGNATED CLASS IV OR GREATER. 19
(C) (1) EACH RAILROAD COMPANY SHALL INSTALL A WAYS IDE DETECTOR 20
SYSTEM ON RAILROAD T RACKS OWNED OR OTHER WISE UNDER THE RESPO NSIBILITY 21
OF THE RAILROAD COMP ANY THAT THE FEDERAL RAILROAD ADMINISTRATION HAS 22
DESIGNATED CLASS IV OR GREATER. 23
(2) (I) EACH RAILROAD COMPANY SHALL INSTALL , MAINTAIN, 24
REPAIR, AND OPERATE EACH WAYSIDE DETECTOR SYS TEM IN ACCORDANCE WITH 25
ALL APPLICABLE GUIDE LINES AND REGULATION S ADOPTED BY THE FEDERAL 26
DEPARTMENT OF TRANSPORTATION . 27
(II) A RAILROAD COMPANY SHA LL REMOVE AND REPLACE AN 28
EXPIRED, BROKEN, OR OBSOLETE WAYSIDE DETECTOR SYSTEM OR P ART OF A 29 SENATE BILL 1060 5
WAYSIDE DETECTOR SYS TEM. 1
(III) A RAILROAD COMPANY SHA LL PLACE EACH WAYSIDE 2
DETECTOR SYSTEM AT AN APPROPRIATE DI STANCE, AS DETERMINED BY THE 3
COMMISSIONER , FROM OTHER WAYSIDE DETECTOR SYSTEMS AND AT A LOCATION 4
THAT WILL ALLOW A TRAIN OPERAT OR SUFFICIENT TIME T O: 5
1. RESPOND TO AN ALERT RECEIVED FROM THE 6
WAYSIDE DETECTOR SYS TEM; 7
2. IF NECESSARY, STOP THE TRAIN, ROLLING STOCK , OR 8
ON–TRACK EQUIPMENT ; AND 9
3. IF NECESSARY, MAKE REPAIRS OR REMOVE 10
EQUIPMENT THAT IS FO UND BY THE TRAIN OPE RATOR TO BE DEFECTIV E. 11
(3) (I) EACH RAILROAD COMPANY SHA LL ESTABLISH WRITTEN 12
POLICIES AND TRAINING REQUIRE MENTS FOR THE RAILRO AD COMPANY ’S 13
EMPLOYEES FOR : 14
1. MONITORING FOR ALERTS FROM WAYSIDE DETECTOR 15
SYSTEMS; 16
2. RESPONDING TO ALERTS RECEIVED FROM WAYSID E 17
DETECTOR SYSTEMS ; AND 18
3. ADDRESSING DEFECTS . 19
(II) A RAILROAD COMPANY SHA LL MONITOR THE RESPO NSE OF 20
THE RAILROAD COMPANY ’S EMPLOYEES TO ALERT S RECEIVED FROM W AYSIDE 21
DETECTOR SYSTEMS AND TAKE APPROPRIATE ACT IONS IF AN EMPLOYEE FAILS TO 22
TAKE THE REQUIRED CO URSE OF ACTION . 23
(D) THE COMMISSIONER SHALL ES TABLISH A PROCESS FO R CERTIFYING 24
THAT EACH RAILROAD C OMPANY HAS INSTALLED WAYSIDE DETECTOR SYS TEMS ON 25
TRACKS IN THE STATE AS REQUIRED UND ER SUBSECTION (C) OF THIS SECTION. 26
(E) (1) THE COMMISSIONER SHALL IN VESTIGATE ALLEGED VIOLATIONS 27
OF THIS SECTION. 28
(2) (I) IF THE COMMISSIONER DETERMIN ES THAT A RAILROAD 29
COMPANY HAS VIOLATED THIS SECTION OR VIOLATED REGULATIONS ADOPTED BY 30
THE COMMISSIONER UNDER TH IS SECTION, THE COMMISSIONER SHALL ISSUE A 31 6 SENATE BILL 1060
WRITTEN REPORT TO THE RAILROAD COMPANY : 1
1. DETAILING THE REASONS FOR FINDING THAT A 2
VIOLATION HAS OCCURRED ; AND 3
2. ORDERING THE RAILROA D COMPANY TO CORRE CT 4
THE VIOLATION WITHIN 60 DAYS AFTER THE REPOR T IS ISSUED. 5
(II) IF THE COMMISSIONER ISSUES A REPORT UNDE R 6
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE COMMISSIONER SHALL SUBMIT THE 7
REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 8
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 9
(F) (1) A RAILROAD COMPANY THAT FAILS TO CORRECT A VIOLATI ON 10
WITHIN 60 DAYS AFTER ISSUANCE OF A REPORT BY THE COMMISSIONER UNDER 11
SUBSECTION (E) OF THIS SECTION IS SUBJECT TO A CIVI L FINE NOT EXCEEDING 12
$10,000 TO BE ASSESSED BY TH E COMMISSIONER . 13
(2) EACH DAY THAT THE PER SON FAILS TO CORRECT A VIOLATION 14
AFTER THE 60–DAY PERIOD SHALL CONSTITUTE A S EPARATE VIOLATION . 15
(G) THE COMMISSIONER SHALL AD OPT REGULATIONS TO C ARRY OUT THIS 16
SECTION. 17
5.5–113.1. 18
(A) IN THIS SECTION, “AUTHORIZED RAILROAD UNION REPRESENTATIVE ” 19
MEANS AN INDIVIDUAL SELECTED BY THE HEAD OF A LABOR UNION WHO SE 20
MEMBERS ARE EMPLOYED TO WORK IN THE STATE BY A RAILROAD C OMPANY. 21
(B) (1) A RAILROAD COMPANY SHA LL ALLOW UP TO TWO A UTHORIZED 22
RAILROAD UNION REPRESENTATI VES FOR EACH UNION R EPRESENTING THE 23
RAILROAD COMPANY ’S EMPLOYEES REASONAB LE ACCESS TO ALL PRO PERTY OWNED 24
OR LEASED BY THE RAI LROAD COMPANY FOR TH E PURPOSE OF INVESTI GATING: 25
(I) VIOLATIONS OF FEDERA L OR STATE LAWS AND 26
REGULATIONS ; AND 27
(II) SAFETY HAZARDS THAT MAY RESULT IN INJURY OR DEATH 28
TO A RAILROAD EMPLOY EE OR BE CONSIDERED A THREAT TO PUBLIC S AFETY. 29
(2) IF AN AUTHORIZED RAIL ROAD UNION REPRESENT ATIVE IS 30
CONDUCTING AN INVEST IGATION DESCRIBED UN DER PARAGRAPH (1) OF THIS 31 SENATE BILL 1060 7
SUBSECTION, THE RAILROAD COMPANY : 1
(I) SHALL ALLOW THE AUTH ORIZED RAILROAD UNIO N 2
REPRESENTATIVE TO TA KE PHOTOGRAPHS AND I NVESTIGATE RAILROAD PROPERTY 3
TO THE EXTENT NECESS ARY TO ENSURE COMPLI ANCE WITH FEDERAL AN D STATE 4
LAWS AND REGULATIONS ; AND 5
(II) MAY NOT ALLEGE THAT T HE AUTHORIZED RAILRO AD UNION 6
REPRESENTATIVE IS TR ESPASSING ON RAILROA D PROPERTY. 7
(3) A RAILROAD COMPANY SHA LL BE SOLELY RESPONS IBLE FOR THE 8
ACTIONS OF ITS AGENT S OR EMPLOYEES WHO V IOLATE THIS SUBSECTI ON. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2024. 11