H.B. 63
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: K.P. Gasser 6
6 12-20-22 7:04 PM 6
H.B. 63
1 OFFICE OF RAIL SAFETY
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mike Schultz
5 Senate Sponsor: ____________
6
7LONG TITLE
8Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 Legislative Vote:14 voting for0 voting against 4 absent
11General Description:
12 This bill creates the Office of Rail Safety within the Department of Transportation.
13Highlighted Provisions:
14 This bill:
15 <creates the Office of Rail Safety;
16 <requires application and a request for certification with the Federal Railroad
17Administration;
18 <upon certification, requires the Office of Rail Safety to assume the inspection and
19investigation functions in certain aspects of the railroad operations;
20 <allows the Office of Rail Safety to regulate and monitor time limits on the blocking
21of railroad-highway grade crossings;
22 <requires railroads to pay a fee to cover the costs of the inspections;
23 <grants rulemaking power to the Department of Transportation; and
24 <makes technical changes.
25Money Appropriated in this Bill:
26 None
27Other Special Clauses:
*HB0063* H.B. 63 12-20-22 7:04 PM
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28 None
29Utah Code Sections Affected:
30AMENDS:
31 72-1-203, as last amended by Laws of Utah 2019, Chapter 479
32ENACTS:
33 72-17-101, Utah Code Annotated 1953
34 72-17-102, Utah Code Annotated 1953
35 72-17-103, Utah Code Annotated 1953
36 72-17-104, Utah Code Annotated 1953
37 72-17-105, Utah Code Annotated 1953
38 72-17-106, Utah Code Annotated 1953
39
40Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 72-1-203 is amended to read:
42 72-1-203. Deputy director -- Appointment -- Qualifications -- Other assistants
43and advisers -- Salaries.
44 (1) The executive director shall appoint two deputy directors, who shall serve at the
45discretion of the executive director.
46 (2) (a) The deputy director of engineering and operations shall be a registered
47professional engineer in the state and is the chief engineer of the department.
48 (b) The deputy director of engineering and operations shall assist the executive director
49with areas of responsibility that may include:
50 (i) project development, including statewide standards for project design and
51construction, right-of-way, materials, testing, structures, and construction;
52 (ii) oversight of the management of the region offices described in Section 72-1-205;
53 (iii) operations and traffic management;
54 (iv) oversight of operations of motor carriers and ports;
55 (v) oversight and enforcement of railroad safety requirements as described in Chapter
5617, Office of Rail Safety;
57 [(v)] (vi) transportation systems safety;
58 [(vi)] (vii) aeronautical operations; and 12-20-22 7:04 PM H.B. 63
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59 [(vii)] (viii) equipment for department engineering and maintenance functions.
60 (c) The deputy director of planning and investment shall assist the executive director
61with areas of responsibility that may include:
62 (i) oversight and coordination of planning, including:
63 (A) development of statewide strategic initiatives for planning across all modes of
64transportation;
65 (B) coordination with metropolitan planning organizations and local governments; and
66 (C) corridor and area planning;
67 (ii) asset management;
68 (iii) programming and prioritization of transportation projects;
69 (iv) fulfilling requirements for environmental studies and impact statements;
70 (v) resource investment, including identification, development, and oversight of
71public-private partnership opportunities;
72 (vi) data analytics services to the department;
73 (vii) corridor preservation;
74 (viii) employee development;
75 (ix) maintenance planning; and
76 (x) oversight and facilitation of the negotiations and integration of public transit
77providers described in Section 17B-2a-827.
78 Section 2. Section 72-17-101 is enacted to read:
79 CHAPTER 17. OFFICE OF RAIL SAFETY ACT
80 Part 1. Office of Rail Safety Act
81 72-17-101. Office of Rail Safety -- Creation -- Applicability.
82 (1) In accordance with 49 C.F.R. Part 212, State Safety Participation Regulations, there
83is created within the department an Office of Rail Safety.
84 (2) As described in 49 C.F.R. Secs. 212.105 and 212.107, to organize the Office of
85Rail Safety, the executive director shall:
86 (a) enter into an agreement with the Federal Railroad Administration to participate in
87inspection and investigation activities; and
88 (b) obtain certification from the Federal Railroad Administration to undertake
89inspection and investigative responsibilities and duties. H.B. 63 12-20-22 7:04 PM
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90 (3) The department may establish the Office of Rail Safety personnel and duties in
91phases and according to the duties described in 49 C.F.R. Part 212.
92 (4) This chapter applies to:
93 (a) a class I railroad; and
94 (b) commuter rail.
95 Section 3. Section 72-17-102 is enacted to read:
96 72-17-102. Definitions.
97 As used in this chapter:
98 (1) "Class I railroad" means the same as that term is defined in 49 U.S.C. Sec. 20102.
99 (2) "Commuter rail" means the same as that term is defined in Section 63N-3-602.
100 (3) "Federal Railroad Administration" means the Federal Railroad Administration
101created in 49 U.S.C. Sec. 103.
102 (4) "Office" means the Office of Rail Safety created in accordance with Section
10372-17-101.
104 (5) "Railroad" means the same as that term is defined in 49 C.F.R. Sec. 200.3.
105 Section 4. Section 72-17-103 is enacted to read:
106 72-17-103. Duties of the Office of Rail Safety.
107 (1) In accordance with 49 C.F.R. Part 212, and the authorization granted from the
108Federal Railroad Administration, the office shall perform the inspection, compliance, and
109enforcement duties in the following areas:
110 (a) grade crossings;
111 (b) hazardous materials;
112 (c) motive power and equipment;
113 (d) operating practices;
114 (e) signal and train control; and
115 (f) track.
116 (2) As part of the responsibilities described in Subsection (1), the office shall:
117 (a) inspect and investigate railroad rights-of-way, facilities, equipment, and operations
118of railroads in this state;
119 (b) notify a railroad of any violation or lack of compliance with applicable state and
120federal laws, rules, regulations, orders, and directives; 12-20-22 7:04 PM H.B. 63
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121 (c) enforce applicable state and federal laws, rules, regulations, orders, and directives
122relating to the transportation by rail of persons or commodities; and
123 (d) issue orders to require compliance with state and federal laws, rules, regulations,
124orders, and directives.
125 (3) The office shall employ a sufficient number of federally certified inspectors and
126staff to ensure that railroad equipment, facilities, and tracks are inspected as frequently as
127reasonably required to ensure compliance and safety as required under state and federal law.
128 (4) (a) The power to establish and regulate the length of time a railroad may block a
129highway-railroad grade crossing is vested exclusively in the office.
130 (b) Upon petition of a political subdivision, or upon the office's own motion, the office
131may:
132 (i) conduct an investigation of the conditions related to a grade crossing; and
133 (ii) if necessary, conduct a hearing, make findings, and issue an order to establish
134reasonable limits on the length of time a railroad may block a railroad-highway grade crossing.
135 (c) A railroad that violates a time limit established pursuant to this Subsection (4) and
136rules made according to Subsection (6) is subject to a civil penalty not less than $500 and no
137more than $10,000 for each offense.
138 (5) (a) The office shall examine and inspect the physical condition of all railroad
139facilities in this state to ensure compliance with safety requirements.
140 (b) If an inspector determines that a railroad facility is noncompliant, the office shall
141provide notice to the railroad.
142 (c) If a railroad receives a notice described in Subsection (5)(b), the railroad shall
143remedy condition or practice within 30 days of the date of the notice.
144 (d) If after 30 days from the date of the notice the railroad has not remedied the
145condition or practice to the office's satisfaction, the office shall set the matter for hearing.
146 (e) After a hearing described in Subsection (5)(d), if the office determines that the
147condition or practice is noncompliant and the railroad has not made reasonable efforts to
148remedy the condition or practice, the office may issue an order requiring the railroad to:
149 (i) eliminate or remedy the unsafe or unlawful condition or practice; or
150 (ii) make any necessary repairs, alterations, or other changes to the relevant condition
151or practice to ensure compliance with state and federal law. H.B. 63 12-20-22 7:04 PM
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152 (f) In addition to any order issued under Subsection (5)(e), after a hearing described in
153Subsection (5)(d), if the office determines that the condition or practice is noncompliant and
154the railroad has not made reasonable efforts to remedy the condition or practice, and the
155condition or practice is so hazardous as to place a railroad employee or the public in immediate
156danger, the office may issue an order requiring the railroad:
157 (i) after 48 hours' written notice to the railroad, issue an order prohibiting:
158 (A) the unsafe or unlawful practice; or
159 (B) the use of the facility until completion of the necessary repair, alteration, or other
160necessary changes; and
161 (ii) pay a civil penalty of not more than $10,000 per violation or per day of violation of
162state or federal law, or a rule made in accordance with Subsection (6).
163 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
164department shall make rules necessary to:
165 (a) establish the Office of Rail Safety as required in this part;
166 (b) establish and enforce rules regarding safe and reasonable procedures and standards
167regarding the blocking of grade crossings, which standards and limits shall be commensurate
168with reasonable requirements of train and vehicular traffic operations;
169 (c) enforce this part and relevant state and federal law related to this part; and
170 (d) administer the Office of Rail Safety as described in this part.
171 Section 5. Section 72-17-104 is enacted to read:
172 72-17-104. Federal Railroad Administration Grant Program.
173 After reaching an agreement with and receiving the certification from the Federal
174Railroad Administration as described in Section 72-17-101, the office may apply for Railroad
175Safety Grants as often as permitted by the Federal Rail Administration.
176 Section 6. Section 72-17-105 is enacted to read:
177 72-17-105. Establishment of administrative fees -- Payment -- Expenditures.
178 (1) (a) The office shall annually determine a fee to be paid by each railroad that
179operated within the state and is subject to the jurisdiction of the commission on a pro rata basis
180as described in Subsection (2).
181 (b) The office and the department shall establish the annual fee to produce a total
182amount not less than the amount required to regulate railroads and carry out the duties 12-20-22 7:04 PM H.B. 63
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183described in this part.
184 (c) The office shall use the revenue generated by the fees paid by each railroad for the
185investigation and enforcement activities of the office as required under this part.
186 (2) (a) For grade crossings inspections and services, the office shall establish and each
187railroad shall pay a fee based on:
188 (i) as of January 1 of each year, the number of crossings the railroad operates within
189this state that cross a highway, whether at grade, by overhead structure, or subway; and
190 (ii) the frequency of use of each crossing the railroad operates, including:
191 (A) the frequency of train operation at the crossing; and
192 (B) the frequency of highway traffic at the crossing.
193 (b) For hazardous materials related inspections and services, the office shall establish
194and each railroad shall pay a fee based on the tonnage of hazardous materials transported in this
195state during a given year.
196 (c) For motive power and equipment related inspections and services, the office shall
197establish and each railroad shall pay a fee based on the number of motive power units and other
198equipment units operated by the railroad in this state.
199 (d) For track related inspections and services, the office shall establish and each
200railroad shall pay a fee based on the number of miles of track owned or operated by the railroad
201within this state.
202 (e) For signal and train control inspections and services, as well as operating practices
203inspections and services, the office shall establish and each railroad shall pay a fee based on
204gross operating revenue of each railroad generated within this state.
205 (f) (i) For inspection services related to commuter rail, notwithstanding any other
206agreement, a county, city, or town with commuter rail service provided by a public transit
207district may request local option transit sales tax in accordance with Section 59-12-2206 and
208spend local option transit sales tax in the amount requested by the office.
209 (ii) A county, city, or town that requests local option transit sales tax as described in
210Subsection (2)(f)(i) shall transmit to the office all of the funds requested under Subsection
211(2)(f)(i) and transmitted to the county, city, or town under Subsection 59-12-2206(5)(b).
212 (iii) A county, city, or town that requests local option transit sales tax as described in
213Subsection (2)(f)(i) may not request more local option transit sales tax than is necessary to H.B. 63 12-20-22 7:04 PM
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214carry out the safety inspection and functions under this chapter.
215 (3) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
216the department shall make rules to establish each of the fee amounts described in Subsection
217(2):
218 (i) according to the data described in Subsection (2); and
219 (ii) to collect an amount sufficient to cover the budget and costs to administer the
220duties of the office.
221 (b) The department shall annually adjust the fees established in accordance with
222Subsection (3)(a) to account for inflation and other budgetary factors.
223 (4) Each railroad that operated within this state shall pay to the office the fees
224described and established by the office.
225 Section 7. Section 72-17-106 is enacted to read:
226 72-17-106. Office of Rail Safety Account.
227 (1) There is created the Office of Rail Safety Account.
228 (2) The account shall be funded by:
229 (a) deposits into the account by the Legislature;
230 (b) fees collected pursuant to Section 72-17-105; and
231 (c) other deposits or donations into the account.
232 (3) The office shall provide a detailed budget to account for the office's expenditures
233related to the enforcement of this part, including:
234 (a) salaries, per diem, and travel expenses of employees performing the duties
235described in this part;
236 (b) expenditures for clerical and support staff directly associated with the duties
237described in this part;
238 (c) expenditures for legal staff who pursue and administer complaints and compliance
239issues related to this part; and
240 (d) reasonable overhead costs related to Subsections (3)(a) through (c).
241 (4) The office, in performing the duties under this part:
242 (a) shall limit the expenditure of funds to the total amount of fees collected from the
243railroads as described in this section; and
244 (b) may not expend funds from other sources accessible to the department.