Maryland 2025 Regular Session

Maryland House Bill HB958 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0958
6	6
7	7	HOUSE BILL 958
8	8	K3 5lr2134
9	9	CF 5lr2861
10	10	By: Delegates Stein, Addison, Allen, Davis, Ebersole, Foley, Guyton, Healey,
11	11	Holmes, Kaufman, Lehman, R. Lewis, J. Long, McCaskill, Ruth, Solomon,
12	12	Stewart, Terrasa, Valderrama, and Ziegler
13	13	Introduced and read first time: January 31, 2025
14	14	Assigned to: Environment and Transportation
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Railroads – Safety Requirements 2
21	21	(Maryland Railway Safety Act of 2025) 3
22	22
23	23	FOR the purpose of establishing requirements and prohibitions related to the operation of 4
24	24	railroads in the State, including provisions related to the size of the crew, blocking 5
25	25	of railroad and highway grade crossings, the length of trains operating on a main or 6
26	26	branch line, wayside detectors, and investigations by railroad labor union 7
27	27	representatives; requiring the Commissioner of Labor and Industry to establish and 8
28	28	maintain a reporting system regarding the transportation of hazardous materials 9
29	29	and waste by rail in the State; and generally relating to safety requirements for 10
30	30	railroads. 11
31	31
32	32	BY adding to 12
33	33	Article – Labor and Employment 13
34	34	Section 5.5–110(e), (f), and (g), 5.5–110.1, 5.5–111.1, and 5.5–113.1 14
35	35	Annotated Code of Maryland 15
36	36	(2016 Replacement Volume and 2024 Supplement) 16
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
39	39	That the Laws of Maryland read as follows: 18
40	40
41	41	Article – Labor and Employment 19
42	42
43	43	5.5–110. 20
44	44
45	45	(E) (1) THIS SUBSECTION APPLI ES TO A TRAIN OR LIG HT ENGINE USED IN 21
46	46	CONNECTION WITH THE MOVEMENT OF RAILROAD FREIGHT. 22
47	47	2 HOUSE BILL 958
48	48
49	49
50	50	(2) THIS SUBSECTION DOES NOT APPLY TO A TRAIN OR LIGHT ENGINE 1
51	51	USED IN CONNECTION W ITH THE MOVEMENT OF RAILROAD FREIGHT INV OLVING: 2
52	52
53	53	(I) HOSTLER SERVICE ; OR 3
54	54
55	55	(II) UTILITY EMPLOYEES IN YARD SERVICE. 4
56	56
57	57	(3) A TRAIN OR LIGHT ENGIN E USED IN CONNECTION WITH THE 5
58	58	MOVEMENT OF RAILROAD FREIGHT MAY NOT BE O PERATED IN THE STATE UNLESS 6
59	59	THE TRAIN OR LIGHT E NGINE HAS A CREW OF AT LEAST TWO INDIVID UALS. 7
60	60
61	61	(4) (I) A PERSON WHO WILLFULLY VIOLATES TH IS SUBSECTION IS 8
62	62	SUBJECT TO A CIVIL P ENALTY ASSESSED BY T HE COMMISSIONER OF : 9
63	63
64	64	1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 10
65	65	SUBPARAGRAPH , A FINE NOT TO EXCEED $10,000; OR 11
66	66
67	67	2. IF THE PERSON PREVIO USLY COMMITTED A WIL LFUL 12
68	68	VIOLATION WITHIN THE IMMEDIATELY PRECEDING 3 YEARS, A FINE NOT TO EXCEED 13
69	69	$25,000. 14
70	70
71	71	(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 15
72	72	PARAGRAPH , A RAILROAD COMPANY S HALL BE SOLELY RESPO NSIBLE FOR THE 16
73	73	ACTIONS OF ITS AGENT S OR EMPLOYEES WHO V IOLATE THIS SUBSECTI ON. 17
74	74
75	75	(F) (1) THIS SUBSECTION DOES NOT APPLY WITH RESPECT TO A 18
76	76	PASSENGER TRAIN WHIL E THE TRAIN IS BOARD ING OR DISCHARGING P ASSENGERS. 19
77	77
78	78	(2) A RAILROAD COMPANY MAY NOT BLOCK A RAIL ROAD GRADE 20
79	79	CROSSING OR HIGHWAY GRADE CRO SSING WITH A STANDING TRAI N FOR MORE THAN 21
80	80	5 MINUTES. 22
81	81
82	82	(3) A RAILROAD COMPANY THA T VIOLATES THIS SUBS ECTION IS 23
83	83	SUBJECT TO A CIVIL F INE NOT EXCEEDING $5,000 FOR EACH VIOLATION T O BE 24
84	84	ASSESSED BY THE COMMISSIONER . 25
85	85
86	86	(G) (1) A RAILROAD COMPANY MAY NOT OPERATE A FREIGH T OR WORK 26
87	87	TRAIN THAT EXCEEDS 8,500 FEET IN LENGTH ON A MAIN TRACK OR BRANCH LINE . 27
88	88
89	89	(2) A RAILROAD COMPANY THA T VIOLATES THIS SUBS ECTION IS 28
90	90	SUBJECT TO A CIVIL F INE NOT EXCEEDING $10,000 FOR EACH VIOLATION T O BE 29
91	91	ASSESSED BY THE COMMISSIONER . 30
92	92
93	93	5.5–110.1. 31 HOUSE BILL 958 3
94	94
95	95
96	96
97	97	(A) THE COMMISSIONER SHALL ES TABLISH AND MAINTAIN A REPORTING 1
98	98	SYSTEM REGARDING THE TRANSP ORTATION OF HAZARDOU S MATERIALS AND WAST E 2
99	99	BY RAIL IN THE STATE. 3
100	100
101	101	(B) (1) INFORMATION IN THE REPORTING SYSTEM MAY NOT BE 4
102	102	PROVIDED TO THE PUBL IC AND IS NOT SUBJEC T TO DISCLOSURE UNDE R THE 5
103	103	PUBLIC INFORMATION ACT. 6
104	104
105	105	(2) THE COMMISSIONER SHALL MA KE INFORMATION CONTA INED IN 7
106	106	THE REPORTING SYSTEM AVAILABLE TO: 8
107	107
108	108	(I) THE MARYLAND DEPARTMENT OF EMERGENCY 9
109	109	MANAGEMENT ; AND 10
110	110
111	111	(II) THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 11
112	112
113	113	5.5–111.1. 12
114	114
115	115	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
116	116	INDICATED. 14
117	117
118	118	(2) “EQUIPMENT DEFECT ” MEANS: 15
119	119
120	120	(I) A HOT WHEEL; 16
121	121
122	122	(II) A HOT WHEEL BEARING ; 17
123	123
124	124	(III) A DEFECTIVE WHEEL BEARING DETECTED THROUGH 18
125	125	ACOUSTICS; 19
126	126
127	127	(IV) DRAGGING EQUIPMENT ; 20
128	128
129	129	(V) EXCESSIVE TRAIN CAR HEIGHT OR WEIGHT ; 21
130	130
131	131	(VI) A SHIFTED LOAD ; 22
132	132
133	133	(VII) A LOW AIR HOSE; 23
134	134
135	135	(VIII) A RAIL TEMPERATURE D EFECT; OR 24
136	136
137	137	(IX) A WHEEL CONDITION DE FECT. 25
138	138	4 HOUSE BILL 958
139	139
140	140
141	141	(3) “WAYSIDE DETECTOR SYST EM” MEANS AN ELECTRONIC DEVICE 1
142	142	OR A SERIES OF CONNE CTED OR NETWORKED DE VICES THAT SCAN PASS ING TRAINS, 2
143	143	ROLLING STOCK , AND ON–TRACK EQUIPMENT FOR DEFECTS. 3
144	144
145	145	(B) THIS SECTION APPLIES ONLY TO A RAILROAD C OMPANY THAT OWNS OR 4
146	146	IS OTHERWISE RESPONSIBLE FOR A RA ILROAD TRACK THAT TH E FEDERAL 5
147	147	RAILROAD ADMINISTRATION HAS DE SIGNATED CLASS IV OR GREATER. 6
148	148
149	149	(C) (1) EACH RAILROAD COMPANY SHALL INSTALL A WAYS IDE DETECTOR 7
150	150	SYSTEM ON RAILROAD T RACKS OWNED OR OTHER WISE UNDER THE RESPO NSIBILITY 8
151	151	OF THE RAILROAD COMP ANY THAT THE FEDERAL RAILROAD ADMINISTRATION HAS 9
152	152	DESIGNATED CLASS IV OR GREATER. 10
153	153
154	154	(2) (I) EACH RAILROAD COMP ANY SHALL INSTALL , MAINTAIN, 11
155	155	REPAIR, AND OPERATE EACH WAY SIDE DETECTOR SYSTEM IN ACCORDANCE WITH 12
156	156	ALL APPLICABLE GUIDE LINES AND REGULATION S ADOPTED BY THE FED ERAL 13
157	157	DEPARTMENT OF TRANSPORTATION . 14
158	158
159	159	(II) A RAILROAD COMPANY SHA LL REMOVE AND REPLAC E AN 15
160	160	EXPIRED, BROKEN, OR OBSOLETE WAYSIDE DETECTOR SYSTEM OR P ART OF A 16
161	161	WAYSIDE DETECTOR SYS TEM. 17
162	162
163	163	(III) A RAILROAD COMPANY SHA LL PLACE EACH WAYSID E 18
164	164	DETECTOR SYSTEM AT A N APPROPRIATE DISTAN CE, AS DETERMINED BY THE 19
165	165	COMMISSIONER , FROM OTHER WAYSIDE D ETECTOR SYSTEMS AN D AT A LOCATION 20
166	166	THAT WILL ALLOW A TR AIN OPERATOR SUFFICI ENT TIME TO: 21
167	167
168	168	1. RESPOND TO AN ALERT RECEIVED FROM THE 22
169	169	WAYSIDE DETECTOR SYS TEM; 23
170	170
171	171	2. IF NECESSARY, STOP THE TRAIN, ROLLING STOCK , OR 24
172	172	ON–TRACK EQUIPMENT ; AND 25
173	173
174	174	3. IF NECESSARY , MAKE REPAIRS O R REMOVE 26
175	175	EQUIPMENT THAT IS FO UND BY THE TRAIN OPE RATOR TO BE DEFECTIV E. 27
176	176
177	177	(3) (I) EACH RAILROAD COMPANY SHALL ESTABLISH WRIT TEN 28
178	178	POLICIES AND TRAININ G REQUIREMENTS FOR T HE RAILROAD COMPANY ’S 29
179	179	EMPLOYEES FOR : 30
180	180
181	181	1. MONITORING FOR ALERT S FROM WAYSIDE DETEC TOR 31
182	182	SYSTEMS; AND 32
183	183	HOUSE BILL 958 5
184	184
185	185
186	186	2. RESPONDING TO ALERTS RECEIVED FROM WAYSID E 1
187	187	DETECTOR SYSTEMS . 2
188	188
189	189	(II) A RAILROAD COMPANY SHA LL MONITOR THE RESPO NSE OF 3
190	190	THE RAILROAD COMPANY ’S EMPLOYEES TO ALERT S RECEIVED FROM WAYS IDE 4
191	191	DETECTOR SYSTEMS AND TAKE APPROPRIATE ACT IONS IF AN EMPLOYEE FAILS TO 5
192	192	TAKE THE REQUIRED CO URSE OF ACTION . 6
193	193
194	194	(D) THE COMMISSIONER SHALL ES TABLISH A PROCESS FO R CERTIFYING 7
195	195	THAT EACH RAILROAD C OMPANY HAS INSTALLED WAYSIDE DETECTOR SYS TEMS ON 8
196	196	TRACKS IN THE STATE AS REQUIRED UND ER SUBSECTION (C) OF THIS SECTION. 9
197	197
198	198	(E) (1) THE COMMISSIONER SHALL IN VESTIGATE ALLEGED VI OLATIONS 10
199	199	OF THIS SECTION. 11
200	200
201	201	(2) (I) IF THE COMMISSIONER DETERMIN ES THAT A RAILROAD 12
202	202	COMPANY HAS VIOLATED THIS SECTION OR VIOL ATED REGULATIONS ADO PTED BY 13
203	203	THE COMMISSIONER UNDER TH IS SECTION, THE COMMISSIONER SHALL IS SUE A 14
204	204	WRITTEN REPORT TO TH E RAILROAD COMPANY : 15
205	205
206	206	1. DETAILING THE REASON S FOR FINDING THAT A 16
207	207	VIOLATION HAS OCCURR ED; AND 17
208	208
209	209	2. ORDERING THE RAILROA D COMPANY TO CORRECT 18
210	210	THE VIOLATION WITHIN 60 DAYS AFTER THE REPOR T IS ISSUED. 19
211	211
212	212	(II) IF THE COMMISSIONER ISSUES A REPORT UNDER 20
213	213	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE COMMISSIONER SHALL SU BMIT THE 21
214	214	REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 22
215	215	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 23
216	216
217	217	(F) (1) A RAILROAD COMPANY THAT FAILS TO CORREC T A VIOLATION 24
218	218	WITHIN 60 DAYS AFTER ISSUANCE OF A REPORT BY THE COMMISSIONER UNDER 25
219	219	SUBSECTION (E) OF THIS SECTION IS S UBJECT TO A CIVIL FI NE NOT EXCEEDING 26
220	220	$10,000 TO BE ASSESSED BY TH E COMMISSIONER . 27
221	221
222	222	(2) EACH DAY THAT THE PER SON FAILS TO CORRECT A VIOLATI ON 28
223	223	AFTER THE 60–DAY PERIOD SHALL CON STITUTE A SEPARATE V IOLATION. 29
224	224
225	225	(G) THE COMMISSIONER SHALL AD OPT REGULATIONS TO C ARRY OUT THIS 30
226	226	SECTION. 31
227	227
228	228	5.5–113.1. 32 6 HOUSE BILL 958
229	229
230	230
231	231
232	232	(A) IN THIS SECTION, “AUTHORIZED RAILROAD UNION REPRESENTATIVE ” 1
233	233	MEANS AN INDIVIDUAL SELECTED BY THE HEAD OF A LAB OR UNION WHOSE 2
234	234	MEMBERS ARE EMPLOYED TO WORK IN THE STATE BY A RAILROAD C OMPANY. 3
235	235
236	236	(B) (1) A RAILROAD COMPANY SHA LL ALLOW AUTHORIZED RAILROAD 4
237	237	UNION REPRESENTATIVE S FOR EACH UNION REP RESENTING THE RAILRO AD 5
238	238	COMPANY’S EMPLOYEES REASONABLE A CCESS TO ALL PROPERT Y OWNED OR 6
239	239	LEASED BY THE RAILRO AD COMPANY FOR THE P URPOSE OF INVESTIGAT ING: 7
240	240
241	241	(I) VIOLATIONS OF FEDERA L OR STATE LAWS AND 8
242	242	REGULATIONS ; AND 9
243	243
244	244	(II) SAFETY HAZARDS THAT MAY RESULT IN INJURY OR DEATH 10
245	245	TO A RAILROAD EM PLOYEE OR BE CONSIDE RED A THREAT TO PUBL IC SAFETY. 11
246	246
247	247	(2) IF AN AUTHORIZED RAIL ROAD UNION REPRESENT ATIVE IS 12
248	248	CONDUCTING AN INVEST IGATION DESCRIBED UN DER PARAGRAPH (1) OF THIS 13
249	249	SUBSECTION, THE RAILROAD COMPANY : 14
250	250
251	251	(I) SHALL ALLOW THE AUTH ORIZED RAILROAD UNION 15
252	252	REPRESENTATIVE TO TA KE PHOTOGRAPHS AND I NVESTIGATE RAILROAD PROPERTY 16
253	253	TO THE EXTENT NECESS ARY TO ENSURE COMPLI ANCE WITH FEDERAL AN D STATE 17
254	254	LAWS AND REGULATIONS ; AND 18
255	255
256	256	(II) MAY NOT ALLEGE THAT THE AUTHORIZED RAILR OAD UNION 19
257	257	REPRESENTATIVE IS TR ESPASSING ON RAILROAD PROPER TY. 20
258	258
259	259	(3) A RAILROAD COMPANY SHA LL BE SOLELY RESPONS IBLE FOR THE 21
260	260	ACTIONS OF ITS AGENT S OR EMPLOYEES WHO V IOLATE THIS SUBSECTI ON. 22
261	261
262	262	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
263	263	October 1, 2025. 24
264	264