Maryland 2025 Regular Session

Maryland Senate Bill SB855 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	sb0855
6	6
7	7	SENATE BILL 855
8	8	K3 5lr2861
9	9	CF HB 958
10	10	By: Senators Ellis, Muse, Augustine, and Lam
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Railroads – Safety Requirements 2
19	19	(Maryland Railway Safety Act of 2025) 3
20	20
21	21	FOR the purpose of establishing requirements and prohibitions related to the operation of 4
22	22	railroads in the State, including provisions related to the size of the crew, blocking 5
23	23	of railroad and highway grade crossings, the length of trains operating on a main or 6
24	24	branch line, wayside detectors, and investigations by railroad labor union 7
25	25	representatives; requiring the Commissioner of Labor and Industry to establish and 8
26	26	maintain a reporting system regarding the transportation of hazardous materials 9
27	27	and waste by rail in the State; and generally relating to safety requirements for 10
28	28	railroads. 11
29	29
30	30	BY adding to 12
31	31	Article – Labor and Employment 13
32	32	Section 5.5–110(e), (f), and (g), 5.5–110.1, 5.5–111.1, and 5.5–113.1 14
33	33	Annotated Code of Maryland 15
34	34	(2016 Replacement Volume and 2024 Supplement) 16
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
37	37	That the Laws of Maryland read as follows: 18
38	38
39	39	Article – Labor and Employment 19
40	40
41	41	5.5–110. 20
42	42
43	43	(E) (1) THIS SUBSECTION APPLI ES TO A TRAIN OR LIG HT ENGINE USED IN 21
44	44	CONNECTION WITH THE MOVEMENT OF RAILROAD FREIGHT. 22
45	45
46	46	(2) THIS SUBSECTION DOES NOT APPLY TO A TRAIN OR LIGHT ENGINE 23
47	47	USED IN CONNECTION W ITH THE MOVEMENT OF RAILROAD FREIGHT INV OLVING: 24 2 SENATE BILL 855
48	48
49	49
50	50
51	51	(I) HOSTLER SERVICE ; OR 1
52	52
53	53	(II) UTILITY EMPLOYEES IN YARD SERVICE. 2
54	54
55	55	(3) A TRAIN OR LIGHT ENGIN E USED IN CONNECTION WITH THE 3
56	56	MOVEMENT OF RAILROAD FREIGHT MAY NOT BE O PERATED IN THE STATE UNLESS 4
57	57	THE TRAIN OR LIGHT E NGINE HAS A CREW OF AT LEAST TWO INDIVIDUALS . 5
58	58
59	59	(4) (I) A PERSON WHO WILLFULLY VIOLATES THIS SUBSEC TION IS 6
60	60	SUBJECT TO A CIVIL P ENALTY ASSESSED BY T HE COMMISSIONER OF : 7
61	61
62	62	1. EXCEPT AS PROVIDED I N ITEM 2 OF THIS 8
63	63	SUBPARAGRAPH , A FINE NOT TO EXCEED $10,000; OR 9
64	64
65	65	2. IF THE PERSON PREVIO USLY COMMITTED A WIL LFUL 10
66	66	VIOLATION WITHIN THE IMMEDIATELY PRECEDIN G 3 YEARS, A FINE NOT TO EXCEED 11
67	67	$25,000. 12
68	68
69	69	(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 13
70	70	PARAGRAPH , A RAILROAD COMPANY S HALL BE SOLELY RESPO NSIBLE FOR THE 14
71	71	ACTIONS OF ITS AGENTS OR EMPL OYEES WHO VIOLATE TH IS SUBSECTION. 15
72	72
73	73	(F) (1) THIS SUBSECTION DOES NOT APPLY WITH RESPE CT TO A 16
74	74	PASSENGER TRAIN WHIL E THE TRAIN IS BOARD ING OR DISCHARGING P ASSENGERS. 17
75	75
76	76	(2) A RAILROAD COMPANY MAY NOT BLOCK A RAILROAD GRADE 18
77	77	CROSSING OR HI GHWAY GRADE CROSSING WITH A STANDING TRAI N FOR MORE THAN 19
78	78	5 MINUTES. 20
79	79
80	80	(3) A RAILROAD COMPANY THA T VIOLATES THIS SUBS ECTION IS 21
81	81	SUBJECT TO A CIVIL F INE NOT EXCEEDING $5,000 FOR EACH VIOLATION T O BE 22
82	82	ASSESSED BY THE COMMISSIONER . 23
83	83
84	84	(G) (1) A RAILROAD COMPANY MAY NOT OPERATE A FR EIGHT OR WORK 24
85	85	TRAIN THAT EXCEEDS 8,500 FEET IN LENGTH ON A MAIN TRACK OR BRANCH LINE. 25
86	86
87	87	(2) A RAILROAD COMPANY THA T VIOLATES THIS SUBS ECTION IS 26
88	88	SUBJECT TO A CIVIL F INE NOT EXCEEDING $10,000 FOR EACH VIOLATION T O BE 27
89	89	ASSESSED BY THE COMMISSIONER. 28
90	90
91	91	5.5–110.1. 29
92	92
93	93	(A) THE COMMISSIONER SHALL ES TABLISH AND MAINTAIN A REPORTING 30 SENATE BILL 855 3
94	94
95	95
96	96	SYSTEM REGARDING THE TRANSPORTATION OF HA ZARDOUS MATERIALS AN D WASTE 1
97	97	BY RAIL IN THE STATE. 2
98	98
99	99	(B) (1) INFORMATION IN THE RE PORTING SYSTEM MAY N OT BE 3
100	100	PROVIDED TO THE PUBL IC AND IS NOT SUBJEC T TO DISCLOSURE UNDE R THE 4
101	101	PUBLIC INFORMATION ACT. 5
102	102
103	103	(2) THE COMMISSIONER SHALL MA KE INFORMATION CONTA INED IN 6
104	104	THE REPORTING SYSTEM AVAILABLE TO: 7
105	105
106	106	(I) THE MARYLAND DEPARTMENT OF EMERGENCY 8
107	107	MANAGEMENT ; AND 9
108	108
109	109	(II) THE FEDERAL EMERGENCY MANAGEMENT AGENCY. 10
110	110
111	111	5.5–111.1. 11
112	112
113	113	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
114	114	INDICATED. 13
115	115
116	116	(2) “EQUIPMENT DEFECT ” MEANS: 14
117	117
118	118	(I) A HOT WHEEL; 15
119	119
120	120	(II) A HOT WHEEL BEARING; 16
121	121
122	122	(III) A DEFECTIVE WHEEL BE ARING DETECTED THROU GH 17
123	123	ACOUSTICS; 18
124	124
125	125	(IV) DRAGGING EQUIPMENT ; 19
126	126
127	127	(V) EXCESSIVE TRAIN CAR HEIGHT OR WEIGHT ; 20
128	128
129	129	(VI) A SHIFTED LOAD ; 21
130	130
131	131	(VII) A LOW AIR HOSE; 22
132	132
133	133	(VIII) A RAIL TEMPERATURE D EFECT; OR 23
134	134
135	135	(IX) A WHEEL CONDITION DEFECT . 24
136	136
137	137	(3) “WAYSIDE DETECTOR SYST EM” MEANS AN ELECTRONIC DEVICE 25
138	138	OR A SERIES OF CONNE CTED OR NETWORKED DE VICES THAT SCAN PASS ING TRAINS, 26 4 SENATE BILL 855
139	139
140	140
141	141	ROLLING STOCK , AND ON–TRACK EQUIPMENT FOR DEFECTS. 1
142	142
143	143	(B) THIS SECTION APPLIES ONLY TO A RAILROAD C OMPANY THAT OWNS OR 2
144	144	IS OTHERWISE RESPONS IBLE FOR A RAILROAD TRACK THAT THE FEDERAL 3
145	145	RAILROAD ADMINISTRATION HAS DE SIGNATED CLASS IV OR GREATER. 4
146	146
147	147	(C) (1) EACH RAILROAD COMPANY SHALL INSTALL A WAYS IDE DETECTOR 5
148	148	SYSTEM ON RAILROAD T RACKS OWNED OR OTHER WISE UNDER THE RESPO NSIBILITY 6
149	149	OF THE RAILROAD COMP ANY THAT THE FEDERAL RAILROAD ADMINISTRATION HAS 7
150	150	DESIGNATED CLASS IV OR GREATER. 8
151	151
152	152	(2) (I) EACH RAILROAD COMP ANY SHALL INSTALL , MAINTAIN, 9
153	153	REPAIR, AND OPERATE EACH WAY SIDE DETECTOR SYSTEM IN ACCORDANCE WITH 10
154	154	ALL APPLICABLE GUIDE LINES AND REGULATION S ADOPTED BY THE FED ERAL 11
155	155	DEPARTMENT OF TRANSPORTATION . 12
156	156
157	157	(II) A RAILROAD COMPANY SHA LL REMOVE AND REPLAC E AN 13
158	158	EXPIRED, BROKEN, OR OBSOLETE WAYSIDE DETECTOR SYSTEM OR P ART OF A 14
159	159	WAYSIDE DETECTOR SYS TEM. 15
160	160
161	161	(III) A RAILROAD COMPANY SHA LL PLACE EACH WAYSID E 16
162	162	DETECTOR SYSTEM AT A N APPROPRIATE DISTAN CE, AS DETERMINED BY THE 17
163	163	COMMISSIONER , FROM OTHER WAYSIDE D ETECTOR SYSTEMS AN D AT A LOCATION 18
164	164	THAT WILL ALLOW A TR AIN OPERATOR SUFFICI ENT TIME TO: 19
165	165
166	166	1. RESPOND TO AN ALERT RECEIVED FROM THE 20
167	167	WAYSIDE DETECTOR SYS TEM; 21
168	168
169	169	2. IF NECESSARY, STOP THE TRAIN, ROLLING STOCK , OR 22
170	170	ON–TRACK EQUIPMENT ; AND 23
171	171
172	172	3. IF NECESSARY , MAKE REPAIRS O R REMOVE 24
173	173	EQUIPMENT THAT IS FO UND BY THE TRAIN OPE RATOR TO BE DEFECTIV E. 25
174	174
175	175	(3) (I) EACH RAILROAD COMPANY SHALL ESTABLISH WRIT TEN 26
176	176	POLICIES AND TRAININ G REQUIREMENTS FOR T HE RAILROAD COMPANY ’S 27
177	177	EMPLOYEES FOR : 28
178	178
179	179	1. MONITORING FOR ALERT S FROM WAYSIDE DETEC TOR 29
180	180	SYSTEMS; AND 30
181	181
182	182	2. RESPONDING TO ALERTS RECEIVED FROM WAYSID E 31
183	183	DETECTOR SYSTEMS . 32 SENATE BILL 855 5
184	184
185	185
186	186
187	187	(II) A RAILROAD COMPANY SHA LL MONITOR THE RESPO NSE OF 1
188	188	THE RAILROAD COMPANY ’S EMPLOYEES TO ALERT S RECEIVED FROM WAYS IDE 2
189	189	DETECTOR SYSTEMS AND TAKE APPROPRIATE ACT IONS IF AN EMPLOYEE FAILS TO 3
190	190	TAKE THE REQUIRED CO URSE OF ACTION . 4
191	191
192	192	(D) THE COMMISSIONER SHALL ES TABLISH A PROCESS FO R CERTIFYING 5
193	193	THAT EACH RAILROAD C OMPANY HAS INSTALLED WAYSIDE DETECTOR SYS TEMS ON 6
194	194	TRACKS IN THE STATE AS REQUIRED UND ER SUBSECTION (C) OF THIS SECTION. 7
195	195
196	196	(E) (1) THE COMMISSIONER SHALL IN VESTIGATE ALLEGED VI OLATIONS 8
197	197	OF THIS SECTION. 9
198	198
199	199	(2) (I) IF THE COMMISSIONER DETERMIN ES THAT A RAILROAD 10
200	200	COMPANY HAS VIOLATED THIS SECTION OR VIOL ATED REGULATIONS ADO PTED BY 11
201	201	THE COMMISSIONER UNDER TH IS SECTION, THE COMMISSIONER SHALL IS SUE A 12
202	202	WRITTEN REPORT TO TH E RAILROAD COMPANY : 13
203	203
204	204	1. DETAILING THE REASON S FOR FINDING THAT A 14
205	205	VIOLATION HAS OCCURR ED; AND 15
206	206
207	207	2. ORDERING THE RAILROA D COMPANY TO CORRECT 16
208	208	THE VIOLATION WITHIN 60 DAYS AFTER THE REPOR T IS ISSUED. 17
209	209
210	210	(II) IF THE COMMISSIONER ISSUES A REPORT UNDER 18
211	211	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE COMMISSIONER SHALL SU BMIT THE 19
212	212	REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 20
213	213	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 21
214	214
215	215	(F) (1) A RAILROAD COMPANY THAT FAILS TO CORREC T A VIOLATION 22
216	216	WITHIN 60 DAYS AFTER ISSUANCE OF A REPORT BY THE COMMISSIONER UNDER 23
217	217	SUBSECTION (E) OF THIS SECTION IS S UBJECT TO A CIVIL FI NE NOT EXCEEDING 24
218	218	$10,000 TO BE ASSESSED BY TH E COMMISSIONER . 25
219	219
220	220	(2) EACH DAY THAT THE PER SON FAILS TO CORRECT A VIOLATI ON 26
221	221	AFTER THE 60–DAY PERIOD SHALL CON STITUTE A SEPARATE V IOLATION. 27
222	222
223	223	(G) THE COMMISSIONER SHALL AD OPT REGULATIONS TO C ARRY OUT THIS 28
224	224	SECTION. 29
225	225
226	226	5.5–113.1. 30
227	227
228	228	(A) IN THIS SECTION, “AUTHORIZED RAILROAD UNION REPRESENTATIVE ” 31 6 SENATE BILL 855
229	229
230	230
231	231	MEANS AN INDIVIDU AL SELECTED BY THE H EAD OF A LABOR UNION WHOSE 1
232	232	MEMBERS ARE EMPLOYED TO WORK IN THE STATE BY A RAILROAD C OMPANY. 2
233	233
234	234	(B) (1) A RAILROAD COMPANY SHA LL ALLOW AUTHORIZED RAILROAD 3
235	235	UNION REPRESENTATIVE S FOR EACH UNION REP RESENTING THE RAILRO AD 4
236	236	COMPANY’S EMPLOYEES REASONABLE ACCESS TO ALL PROPERTY OWNED O R 5
237	237	LEASED BY THE RAILRO AD COMPANY FOR THE P URPOSE OF INVESTIGAT ING: 6
238	238
239	239	(I) VIOLATIONS OF FEDERA L OR STATE LAWS AND 7
240	240	REGULATIONS ; AND 8
241	241
242	242	(II) SAFETY HAZARDS THAT MAY RESULT IN INJURY OR DEATH 9
243	243	TO A RAILROAD EMPLOY EE OR BE CONSIDERED A TH REAT TO PUBLIC SAFET Y. 10
244	244
245	245	(2) IF AN AUTHORIZED RAIL ROAD UNION REPRESENT ATIVE IS 11
246	246	CONDUCTING AN INVEST IGATION DESCRIBED UN DER PARAGRAPH (1) OF THIS 12
247	247	SUBSECTION, THE RAILROAD COMPANY : 13
248	248
249	249	(I) SHALL ALLOW THE AUTH ORIZED RAILROAD UNIO N 14
250	250	REPRESENTATIVE TO TA KE PHOTOGRAPHS AND I NVESTIGATE RAILROAD PROPERTY 15
251	251	TO THE EXTENT NECESS ARY TO ENSURE COMPLI ANCE WITH FEDERAL AN D STATE 16
252	252	LAWS AND REGULATIONS ; AND 17
253	253
254	254	(II) MAY NOT ALLEGE THAT THE AUTHORIZED RAILR OAD UNION 18
255	255	REPRESENTATIVE IS TR ESPASSING ON R AILROAD PROPERTY . 19
256	256
257	257	(3) A RAILROAD COMPANY SHA LL BE SOLELY RESPONS IBLE FOR THE 20
258	258	ACTIONS OF ITS AGENT S OR EMPLOYEES WHO V IOLATE THIS SUBSECTI ON. 21
259	259
260	260	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
261	261	October 1, 2025. 23
262	262