UT
Utah House Bill HB0063

Utah 2023 Regular Session

Utah House Bill HB0063 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 63
1+2nd Sub. H.B. 63
2+LEGISLATIVE GENERAL COUNSEL
3+6 Approved for Filing: K.P. Gasser 6
4+6 02-05-23 9:46 AM 6
5+H.B. 63
6+2nd Sub. (Gray)
7+Representative Mike Schultz proposes the following substitute bill:
28 1 OFFICE OF RAIL SAFETY
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: Mike Schultz
612 5 Senate Sponsor: Michael K. McKell
713 6
814 7LONG TITLE
915 8General Description:
1016 9 This bill creates the Office of Rail Safety within the Department of Transportation.
1117 10Highlighted Provisions:
1218 11 This bill:
1319 12 <creates the Office of Rail Safety;
1420 13 <requires application and a request for certification with the Federal Railroad
1521 14Administration;
1622 15 <upon certification, requires the Office of Rail Safety to assume the inspection and
1723 16investigation functions in certain aspects of the railroad operations;
1824 17 <allows the Office of Rail Safety to regulate and monitor time limits on the blocking
1925 18of railroad-highway grade crossings;
2026 19 <requires railroads to pay a fee to cover the costs of the inspections;
2127 20 <grants rulemaking power to the Department of Transportation to make rules related
2228 21to the implementation of the Office of Rail Safety and employee safety standards
2329 22related to walkways and clearances; and
2430 23 <makes technical changes.
2531 24Money Appropriated in this Bill:
2632 25 None
33+*HB0063S02* 2nd Sub. (Gray) H.B. 63 02-05-23 9:46 AM
34+- 2 -Senate 3rd Reading Amendments 2-28-2023 lp/kpg
2735 26Other Special Clauses:
28-27 This bill provides a special effective date.
29-28 This bill provides a coordination clause. H.B. 63
30-Enrolled Copy
31-- 2 -
32-29Utah Code Sections Affected:
33-30AMENDS:
34-31 72-1-203, as last amended by Laws of Utah 2019, Chapter 479
35-32ENACTS:
36-33 72-17-101, Utah Code Annotated 1953
37-34 72-17-102, Utah Code Annotated 1953
38-35 72-17-103, Utah Code Annotated 1953
39-36 72-17-104, Utah Code Annotated 1953
40-37 72-17-105, Utah Code Annotated 1953
41-38 72-17-106, Utah Code Annotated 1953
42-39 72-17-107, Utah Code Annotated 1953
43-40 72-17-108, Utah Code Annotated 1953
44-41Utah Code Sections Affected by Coordination Clause:
45-42 72-7-102, Utah Code Annotated 1953
46-43 72-7-601, Utah Code Annotated 1953
47-44 72-7-602, Utah Code Annotated 1953
48-45 72-17-201, Utah Code Annotated 1953
49-46 72-17-202, Utah Code Annotated 1953
50-47
51-48Be it enacted by the Legislature of the state of Utah:
52-49 Section 1. Section 72-1-203 is amended to read:
53-50 72-1-203. Deputy director -- Appointment -- Qualifications -- Other assistants
54-51and advisers -- Salaries.
55-52 (1) The executive director shall appoint two deputy directors, who shall serve at the
56-53discretion of the executive director.
57-54 (2) (a) The deputy director of engineering and operations shall be a registered
58-55professional engineer in the state and is the chief engineer of the department. Enrolled Copy H.B. 63
36+27Öº This bill provides a special effective date. »Ö
37+27a This bill provides a coordination clause.
38+28Utah Code Sections Affected:
39+29AMENDS:
40+30 72-1-203, as last amended by Laws of Utah 2019, Chapter 479
41+31ENACTS:
42+32 72-17-101, Utah Code Annotated 1953
43+33 72-17-102, Utah Code Annotated 1953
44+34 72-17-103, Utah Code Annotated 1953
45+35 72-17-104, Utah Code Annotated 1953
46+36 72-17-105, Utah Code Annotated 1953
47+37 72-17-106, Utah Code Annotated 1953
48+38 72-17-107, Utah Code Annotated 1953
49+39 72-17-108, Utah Code Annotated 1953
50+40Utah Code Sections Affected by Coordination Clause:
51+41 72-7-102, Utah Code Annotated 1953
52+42 72-7-601, Utah Code Annotated 1953
53+43 72-7-602, Utah Code Annotated 1953
54+44 72-17-201, Utah Code Annotated 1953
55+45 72-17-202, Utah Code Annotated 1953
56+46
57+47Be it enacted by the Legislature of the state of Utah:
58+48 Section 1. Section 72-1-203 is amended to read:
59+49 72-1-203. Deputy director -- Appointment -- Qualifications -- Other assistants
60+50and advisers -- Salaries.
61+51 (1) The executive director shall appoint two deputy directors, who shall serve at the
62+52discretion of the executive director.
63+53 (2) (a) The deputy director of engineering and operations shall be a registered
64+54professional engineer in the state and is the chief engineer of the department.
65+55 (b) The deputy director of engineering and operations shall assist the executive director
66+56with areas of responsibility that may include: 02-05-23 9:46 AM 2nd Sub. (Gray) H.B. 63
5967 - 3 -
60-56 (b) The deputy director of engineering and operations shall assist the executive director
61-57with areas of responsibility that may include:
62-58 (i) project development, including statewide standards for project design and
63-59construction, right-of-way, materials, testing, structures, and construction;
64-60 (ii) oversight of the management of the region offices described in Section 72-1-205;
65-61 (iii) operations and traffic management;
66-62 (iv) oversight of operations of motor carriers and ports;
67-63 (v) oversight and enforcement of railroad safety requirements as described in Chapter
68-6417, Office of Rail Safety;
69-65 [(v)] (vi) transportation systems safety;
70-66 [(vi)] (vii) aeronautical operations; and
71-67 [(vii)] (viii) equipment for department engineering and maintenance functions.
72-68 (c) The deputy director of planning and investment shall assist the executive director
73-69with areas of responsibility that may include:
74-70 (i) oversight and coordination of planning, including:
75-71 (A) development of statewide strategic initiatives for planning across all modes of
76-72transportation;
77-73 (B) coordination with metropolitan planning organizations and local governments; and
78-74 (C) corridor and area planning;
79-75 (ii) asset management;
80-76 (iii) programming and prioritization of transportation projects;
81-77 (iv) fulfilling requirements for environmental studies and impact statements;
82-78 (v) resource investment, including identification, development, and oversight of
83-79public-private partnership opportunities;
84-80 (vi) data analytics services to the department;
85-81 (vii) corridor preservation;
86-82 (viii) employee development; H.B. 63
87-Enrolled Copy
68+57 (i) project development, including statewide standards for project design and
69+58construction, right-of-way, materials, testing, structures, and construction;
70+59 (ii) oversight of the management of the region offices described in Section 72-1-205;
71+60 (iii) operations and traffic management;
72+61 (iv) oversight of operations of motor carriers and ports;
73+62 (v) oversight and enforcement of railroad safety requirements as described in Chapter
74+6317, Office of Rail Safety;
75+64 [(v)] (vi) transportation systems safety;
76+65 [(vi)] (vii) aeronautical operations; and
77+66 [(vii)] (viii) equipment for department engineering and maintenance functions.
78+67 (c) The deputy director of planning and investment shall assist the executive director
79+68with areas of responsibility that may include:
80+69 (i) oversight and coordination of planning, including:
81+70 (A) development of statewide strategic initiatives for planning across all modes of
82+71transportation;
83+72 (B) coordination with metropolitan planning organizations and local governments; and
84+73 (C) corridor and area planning;
85+74 (ii) asset management;
86+75 (iii) programming and prioritization of transportation projects;
87+76 (iv) fulfilling requirements for environmental studies and impact statements;
88+77 (v) resource investment, including identification, development, and oversight of
89+78public-private partnership opportunities;
90+79 (vi) data analytics services to the department;
91+80 (vii) corridor preservation;
92+81 (viii) employee development;
93+82 (ix) maintenance planning; and
94+83 (x) oversight and facilitation of the negotiations and integration of public transit
95+84providers described in Section 17B-2a-827.
96+85 Section 2. Section 72-17-101 is enacted to read:
97+86 CHAPTER 17. RAIL SAFETY
98+87 Part 1. Office of Rail Safety 2nd Sub. (Gray) H.B. 63 02-05-23 9:46 AM
8899 - 4 -
89-83 (ix) maintenance planning; and
90-84 (x) oversight and facilitation of the negotiations and integration of public transit
91-85providers described in Section 17B-2a-827.
92-86 Section 2. Section 72-17-101 is enacted to read:
93-87 CHAPTER 17. RAIL SAFETY
94-88 Part 1. Office of Rail Safety
95-89 72-17-101. Office of Rail Safety -- Creation -- Applicability.
96-90 (1) In accordance with 49 C.F.R. Part 212, State Safety Participation Regulations, there
97-91is created within the department an Office of Rail Safety.
98-92 (2) As described in 49 C.F.R. Secs. 212.105 and 212.107, to organize the Office of
99-93Rail Safety, the executive director shall:
100-94 (a) enter into an agreement with the Federal Railroad Administration to participate in
101-95inspection and investigation activities; and
102-96 (b) obtain certification from the Federal Railroad Administration to undertake
103-97inspection and investigative responsibilities and duties.
104-98 (3) In establishing the Office of Rail Safety in accordance with the duties described in
105-9949 C.F.R. Part 212, the department may hire personnel and establish the duties of the office in
106-100phases.
107-101 (4) This chapter applies to:
108-102 (a) a class I railroad; and
109-103 (b) commuter rail.
110-104 Section 3. Section 72-17-102 is enacted to read:
111-105 72-17-102. Definitions.
112-106 As used in this chapter:
113-107 (1) "Class I railroad" means the same as that term is defined in 49 U.S.C. Sec. 20102.
114-108 (2) "Commuter rail" means the same as that term is defined in Section 63N-3-602.
115-109 (3) "Federal Railroad Administration" means the Federal Railroad Administration Enrolled Copy H.B. 63
100+88 72-17-101. Office of Rail Safety -- Creation -- Applicability.
101+89 (1) In accordance with 49 C.F.R. Part 212, State Safety Participation Regulations, there
102+90is created within the department an Office of Rail Safety.
103+91 (2) As described in 49 C.F.R. Secs. 212.105 and 212.107, to organize the Office of
104+92Rail Safety, the executive director shall:
105+93 (a) enter into an agreement with the Federal Railroad Administration to participate in
106+94inspection and investigation activities; and
107+95 (b) obtain certification from the Federal Railroad Administration to undertake
108+96inspection and investigative responsibilities and duties.
109+97 (3) In establishing the Office of Rail Safety in accordance with the duties described in
110+9849 C.F.R. Part 212, the department may hire personnel and establish the duties of the office in
111+99phases.
112+100 (4) This chapter applies to:
113+101 (a) a class I railroad; and
114+102 (b) commuter rail.
115+103 Section 3. Section 72-17-102 is enacted to read:
116+104 72-17-102. Definitions.
117+105 As used in this chapter:
118+106 (1) "Class I railroad" means the same as that term is defined in 49 U.S.C. Sec. 20102.
119+107 (2) "Commuter rail" means the same as that term is defined in Section 63N-3-602.
120+108 (3) "Federal Railroad Administration" means the Federal Railroad Administration
121+109created in 49 U.S.C. Sec. 103.
122+110 (4) "Office" means the Office of Rail Safety created in accordance with Section
123+11172-17-101.
124+112 (5) "Railroad" means the same as that term is defined in 49 C.F.R. Sec. 200.3.
125+113 Section 4. Section 72-17-103 is enacted to read:
126+114 72-17-103. Duties of the Office of Rail Safety.
127+115 (1) In accordance with 49 C.F.R. Part 212, and the authorization granted from the
128+116Federal Railroad Administration, the office shall perform the inspection, compliance, and
129+117enforcement duties in the following areas:
130+118 (a) grade crossings; 02-05-23 9:46 AM 2nd Sub. (Gray) H.B. 63
116131 - 5 -
117-110created in 49 U.S.C. Sec. 103.
118-111 (4) "Office" means the Office of Rail Safety created in accordance with Section
119-11272-17-101.
120-113 (5) "Railroad" means the same as that term is defined in 49 C.F.R. Sec. 200.3.
121-114 Section 4. Section 72-17-103 is enacted to read:
122-115 72-17-103. Duties of the Office of Rail Safety.
123-116 (1) In accordance with 49 C.F.R. Part 212, and the authorization granted from the
124-117Federal Railroad Administration, the office shall perform the inspection, compliance, and
125-118enforcement duties in the following areas:
126-119 (a) grade crossings;
127-120 (b) hazardous materials;
128-121 (c) motive power and equipment;
129-122 (d) operating practices;
130-123 (e) signal and train control; and
131-124 (f) track.
132-125 (2) As part of the responsibilities described in Subsection (1), the office shall:
133-126 (a) inspect and investigate railroad rights-of-way, facilities, equipment, and operations
134-127of railroads in this state;
135-128 (b) notify a railroad of any violation or lack of compliance with applicable state and
136-129federal laws, rules, regulations, orders, and directives;
137-130 (c) enforce applicable state and federal laws, rules, regulations, orders, and directives
138-131relating to the transportation by rail of persons or commodities; and
139-132 (d) issue orders to require compliance with state and federal laws, rules, regulations,
140-133orders, and directives.
141-134 (3) The office shall employ a sufficient number of federally certified inspectors and
142-135staff to ensure that railroad equipment, facilities, and tracks are inspected as frequently as
143-136reasonably required to ensure compliance and safety as required under state and federal law. H.B. 63
144-Enrolled Copy
132+119 (b) hazardous materials;
133+120 (c) motive power and equipment;
134+121 (d) operating practices;
135+122 (e) signal and train control; and
136+123 (f) track.
137+124 (2) As part of the responsibilities described in Subsection (1), the office shall:
138+125 (a) inspect and investigate railroad rights-of-way, facilities, equipment, and operations
139+126of railroads in this state;
140+127 (b) notify a railroad of any violation or lack of compliance with applicable state and
141+128federal laws, rules, regulations, orders, and directives;
142+129 (c) enforce applicable state and federal laws, rules, regulations, orders, and directives
143+130relating to the transportation by rail of persons or commodities; and
144+131 (d) issue orders to require compliance with state and federal laws, rules, regulations,
145+132orders, and directives.
146+133 (3) The office shall employ a sufficient number of federally certified inspectors and
147+134staff to ensure that railroad equipment, facilities, and tracks are inspected as frequently as
148+135reasonably required to ensure compliance and safety as required under state and federal law.
149+136 (4) (a) The office shall investigate railroad practices related to the length of time a
150+137railroad blocks a highway-railroad grade crossing.
151+138 (b) Upon petition of a political subdivision, or upon the office's own motion, the office
152+139may:
153+140 (i) conduct an investigation of the conditions related to a grade crossing; and
154+141 (ii) if necessary, conduct a hearing, make findings, and issue an order to determine
155+142whether highway-railroad crossing blocking practices of the railroad are reasonable.
156+143 (c) (i) The office shall examine and inspect the physical condition of all railroad
157+144facilities in this state to ensure compliance with safety requirements.
158+145 (ii) As part of the inspection and examination of railroad facilities and crossings, the
159+146office shall include an examination and inspection of:
160+147 (A) the condition of railroad facilities and crossing infrastructure;
161+148 (B) whether expansion of grade crossing infrastructure or other changes are justified
162+149based on the traffic and safety conditions; and 2nd Sub. (Gray) H.B. 63 02-05-23 9:46 AM
145163 - 6 -
146-137 (4) (a) The office shall investigate railroad practices related to the length of time a
147-138railroad blocks a highway-railroad grade crossing.
148-139 (b) Upon petition of a political subdivision, or upon the office's own motion, the office
149-140may:
150-141 (i) conduct an investigation of the conditions related to a grade crossing; and
151-142 (ii) if necessary, conduct a hearing, make findings, and issue an order to determine
152-143whether highway-railroad crossing blocking practices of the railroad are reasonable.
153-144 (c) (i) The office shall examine and inspect the physical condition of all railroad
154-145facilities in this state to ensure compliance with safety requirements.
155-146 (ii) As part of the inspection and examination of railroad facilities and crossings, the
156-147office shall include an examination and inspection of:
157-148 (A) the condition of railroad facilities and crossing infrastructure;
158-149 (B) whether expansion of grade crossing infrastructure or other changes are justified
159-150based on the traffic and safety conditions; and
160-151 (C) other safety considerations required by federal law.
161-152 (d) If the office determines that a railroad's highway-railroad crossing blocking
162-153practices are unreasonable, the office shall:
163-154 (i) request the Federal Railroad Administration take enforcement actions pursuant to 49
164-155C.F.R. Sec. 212.115; and
165-156 (ii) notify the Surface Transportation Board defined in 49 U.S.C. Sec. 10102 of the
166-157unsafe and unreasonable practices.
167-158 (e) If the office finds a violation of safety requirements as described in this section or
168-159in federal law, and the office requests an enforcement action and Federal Railroad
169-160Administration does not take enforcement action as described in 49 C.F.R. Sec. 212.115, the
170-161office may seek a civil penalty not less than $500 and no more than $10,000 for each offense.
171-162 (5) (a) The office shall examine and inspect the physical condition of all railroad
172-163facilities in this state to ensure compliance with safety requirements. Enrolled Copy H.B. 63
164+150 (C) other safety considerations required by federal law.
165+151 (d) If the office determines that a railroad's highway-railroad crossing blocking
166+152practices are unreasonable, the office shall:
167+153 (i) request the Federal Rail Administration take enforcement actions pursuant to 49
168+154C.F.R. Sec. 212.115; and
169+155 (ii) notify the Surface Transportation Board defined in 49 U.S.C. Sec. 10102 of the
170+156unsafe and unreasonable practices.
171+157 (e) If the office finds a violation of safety requirements as described in this section or
172+158in federal law, and the office requests an enforcement action and Federal Rail Administration
173+159does not take enforcement action as described in 49 C.F.R. Sec. 212.115, the office may seek a
174+160civil penalty not less than $500 and no more than $10,000 for each offense.
175+161 (5) (a) The office shall examine and inspect the physical condition of all railroad
176+162facilities in this state to ensure compliance with safety requirements.
177+163 (b) If an inspector determines that a railroad facility is noncompliant, the office shall
178+164provide written notice to the railroad.
179+165 (c) If a railroad receives a notice described in Subsection (5)(b), the railroad shall
180+166remedy the condition or practice within 30 days of the date of the notice.
181+167 (d) If after 30 days from the date of the notice the railroad has not remedied the
182+168condition or practice to the office's satisfaction, the office may set the matter for hearing.
183+169 (e) After a hearing described in Subsection (5)(d), if the office determines that the
184+170condition or practice is noncompliant and the railroad has not made reasonable efforts to
185+171remedy the condition or practice, the office may issue an order requiring the railroad to:
186+172 (i) eliminate or remedy the unsafe or unlawful condition or practice; or
187+173 (ii) make any necessary repairs, alterations, or other changes to the relevant condition
188+174or practice to ensure compliance with state and federal law.
189+175 (f) In addition to any order issued under Subsection (5)(e), after a hearing described in
190+176Subsection (5)(d), if the office determines that the condition or practice is noncompliant and
191+177the railroad has not made reasonable efforts to remedy the condition or practice, and the
192+178condition or practice is so hazardous as to place a railroad employee or the public in immediate
193+179danger, the office may issue an order requiring the railroad:
194+180 (i) after 48 hours' written notice to the railroad, issue an order prohibiting: 02-05-23 9:46 AM 2nd Sub. (Gray) H.B. 63
173195 - 7 -
174-164 (b) If an inspector determines that a railroad facility is noncompliant, the office shall
175-165provide written notice to the railroad.
176-166 (c) If a railroad receives a notice described in Subsection (5)(b), the railroad shall
177-167remedy the condition or practice within 30 days of the date of the notice.
178-168 (d) If after 30 days from the date of the notice the railroad has not remedied the
179-169condition or practice to the office's satisfaction, the office may set the matter for hearing.
180-170 (e) After a hearing described in Subsection (5)(d), if the office determines that the
181-171condition or practice is noncompliant and the railroad has not made reasonable efforts to
182-172remedy the condition or practice, the office may issue an order requiring the railroad to:
183-173 (i) eliminate or remedy the unsafe or unlawful condition or practice; or
184-174 (ii) make any necessary repairs, alterations, or other changes to the relevant condition
185-175or practice to ensure compliance with state and federal law.
186-176 (f) In addition to any order issued under Subsection (5)(e), after a hearing described in
187-177Subsection (5)(d), if the office determines that the condition or practice is noncompliant and
188-178the railroad has not made reasonable efforts to remedy the condition or practice, and the
189-179condition or practice is so hazardous as to place a railroad employee or the public in immediate
190-180danger, the office may issue an order requiring the railroad:
191-181 (i) after 48 hours' written notice to the railroad, issue an order prohibiting:
192-182 (A) the unsafe or unlawful practice; or
193-183 (B) the use of the facility until completion of the necessary repair, alteration, or other
194-184necessary changes; and
195-185 (ii) pay a civil penalty of not more than $10,000 per violation or per day of violation of
196-186state or federal law, or a rule made in accordance with Subsection (6) or Section 72-17-107.
197-187 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
198-188department shall make rules necessary to:
199-189 (a) establish the Office of Rail Safety as required in this part;
200-190 (b) establish and enforce rules regarding safe and reasonable procedures and standards H.B. 63
201-Enrolled Copy
196+181 (A) the unsafe or unlawful practice; or
197+182 (B) the use of the facility until completion of the necessary repair, alteration, or other
198+183necessary changes; and
199+184 (ii) pay a civil penalty of not more than $10,000 per violation or per day of violation of
200+185state or federal law, or a rule made in accordance with Subsection (6) or Section 72-17-107.
201+186 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
202+187department shall make rules necessary to:
203+188 (a) establish the Office of Rail Safety as required in this part;
204+189 (b) establish and enforce rules regarding safe and reasonable procedures and standards
205+190regarding the blocking of grade crossings, which standards and limits shall be commensurate
206+191with reasonable requirements of train and vehicular traffic operations;
207+192 (c) enforce this part and relevant state and federal law related to this part; and
208+193 (d) administer the Office of Rail Safety as described in this part.
209+194 Section 5. Section 72-17-104 is enacted to read:
210+195 72-17-104. Federal Railroad Administration Grant Program.
211+196 After reaching an agreement with and receiving the certification from the Federal
212+197Railroad Administration as described in Section 72-17-101, the office may apply for Railroad
213+198Safety Grants as often as permitted by the Federal Rail Administration.
214+199 Section 6. Section 72-17-105 is enacted to read:
215+200 72-17-105. Establishment of administrative fees -- Payment -- Expenditures.
216+201 (1) (a) The office shall annually determine a fee to be paid by each railroad that
217+202operated within the state and is subject to the jurisdiction of the office on a pro rata basis as
218+203described in Subsection (2).
219+204 (b) The office and the department shall establish the annual fee to produce a total
220+205amount not less than the amount required to regulate railroads and carry out the duties
221+206described in this part.
222+207 (c) The office shall use the revenue generated by the fees paid by each railroad for the
223+208investigation and enforcement activities of the office as authorized under this part.
224+209 (2) (a) For grade crossings inspections and services, the office shall establish and each
225+210railroad shall pay a fee based on:
226+211 (i) as of January 1 of each year, the number of crossings the railroad operates within 2nd Sub. (Gray) H.B. 63 02-05-23 9:46 AM
202227 - 8 -
203-191regarding the blocking of grade crossings, which standards and limits shall be commensurate
204-192with reasonable requirements of train and vehicular traffic operations;
205-193 (c) enforce this part and relevant state and federal law related to this part; and
206-194 (d) administer the Office of Rail Safety as described in this part.
207-195 Section 5. Section 72-17-104 is enacted to read:
208-196 72-17-104. Federal Railroad Administration Grant Program.
209-197 After reaching an agreement with and receiving the certification from the Federal
210-198Railroad Administration as described in Section 72-17-101, the office may apply for Railroad
211-199Safety Grants as often as permitted by the Federal Railroad Administration.
212-200 Section 6. Section 72-17-105 is enacted to read:
213-201 72-17-105. Establishment of administrative fees -- Payment -- Expenditures.
214-202 (1) (a) The office shall annually determine a fee to be paid by each railroad that
215-203operated within the state and is subject to the jurisdiction of the office on a pro rata basis as
216-204described in Subsection (2).
217-205 (b) The office and the department shall establish the annual fee to produce a total
218-206amount not less than the amount required to regulate railroads and carry out the duties
219-207described in this part.
220-208 (c) The office shall use the revenue generated by the fees paid by each railroad for the
221-209investigation and enforcement activities of the office as authorized under this part.
222-210 (2) (a) For grade crossings inspections and services, the office shall establish and each
223-211railroad shall pay a fee based on:
224-212 (i) as of January 1 of each year, the number of crossings the railroad operates within
225-213this state that cross a highway, whether at grade, by overhead structure, or subway; and
226-214 (ii) the frequency of use of each crossing the railroad operates, including:
227-215 (A) the frequency of train operation at the crossing; and
228-216 (B) the frequency of highway traffic at the crossing.
229-217 (b) For hazardous materials related inspections and services, the office shall establish Enrolled Copy H.B. 63
228+212this state that cross a highway, whether at grade, by overhead structure, or subway; and
229+213 (ii) the frequency of use of each crossing the railroad operates, including:
230+214 (A) the frequency of train operation at the crossing; and
231+215 (B) the frequency of highway traffic at the crossing.
232+216 (b) For hazardous materials related inspections and services, the office shall establish
233+217and each railroad shall pay a fee based on the tonnage of hazardous materials transported in this
234+218state during a given year.
235+219 (c) For motive power and equipment related inspections and services, the office shall
236+220establish and each railroad shall pay a fee based on the number of motive power units and other
237+221equipment units operated by the railroad in this state.
238+222 (d) For track related inspections and services, the office shall establish and each
239+223railroad shall pay a fee based on the number of miles of track owned or operated by the railroad
240+224within this state.
241+225 (e) For signal and train control inspections and services, as well as operating practices
242+226inspections and services, the office shall establish and each railroad shall pay a fee based on
243+227gross operating revenue of each railroad generated within this state.
244+228 (f) (i) For inspection services related to commuter rail, notwithstanding any other
245+229agreement, a county or municipality with commuter rail service provided by a public transit
246+230district may request local option transit sales tax in accordance with Section 59-12-2206 and
247+231spend local option transit sales tax in the amount requested by the office.
248+232 (ii) A county or municipality that requests local option transit sales tax as described in
249+233Subsection (2)(f)(i) may transmit to the office the funds requested under Subsection (2)(f)(i)
250+234and transmitted to the county or municipality under Subsection 59-12-2206(5)(b).
251+235 (iii) A county or municipality that requests local option transit sales tax as described in
252+236Subsection (2)(f)(i) may not request more local option transit sales tax than is necessary to
253+237carry out the safety inspection and functions under this chapter.
254+238 (iv) The office is not required to charge or collect a fee related to inspections of
255+239commuter rail.
256+240 (3) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
257+241the department shall make rules to establish each of the fee amounts described in Subsection
258+242(2): 02-05-23 9:46 AM 2nd Sub. (Gray) H.B. 63
230259 - 9 -
231-218and each railroad shall pay a fee based on the tonnage of hazardous materials transported in this
232-219state during a given year.
233-220 (c) For motive power and equipment related inspections and services, the office shall
234-221establish and each railroad shall pay a fee based on the number of motive power units and other
235-222equipment units operated by the railroad in this state.
236-223 (d) For track related inspections and services, the office shall establish and each
237-224railroad shall pay a fee based on the number of miles of track owned or operated by the railroad
238-225within this state.
239-226 (e) For signal and train control inspections and services, as well as operating practices
240-227inspections and services, the office shall establish and each railroad shall pay a fee based on
241-228gross operating revenue of each railroad generated within this state.
242-229 (f) (i) For inspection services related to commuter rail, notwithstanding any other
243-230agreement, a county or municipality with commuter rail service provided by a public transit
244-231district may request local option transit sales tax in accordance with Section 59-12-2206 and
245-232spend local option transit sales tax in the amount requested by the office.
246-233 (ii) A county or municipality that requests local option transit sales tax as described in
247-234Subsection (2)(f)(i) may transmit to the office the funds requested under Subsection (2)(f)(i)
248-235and transmitted to the county or municipality under Subsection 59-12-2206(5)(b).
249-236 (iii) A county or municipality that requests local option transit sales tax as described in
250-237Subsection (2)(f)(i) may not request more local option transit sales tax than is necessary to
251-238carry out the safety inspection and functions under this chapter.
252-239 (iv) The office is not required to charge or collect a fee related to inspections of
253-240commuter rail.
254-241 (3) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
255-242the department shall make rules to establish each of the fee amounts described in Subsection
256-243(2):
257-244 (i) according to the data described in Subsection (2); and H.B. 63
258-Enrolled Copy
259-- 10 -
260-245 (ii) to collect an amount sufficient to cover the budget and costs to administer the
261-246duties of the office.
262-247 (b) The department shall annually adjust the fees established in accordance with
263-248Subsection (3)(a) to account for inflation and other budgetary factors.
264-249 (4) Each railroad that operates within this state shall pay to the office the fees described
265-250and established by the office.
266-251 Section 7. Section 72-17-106 is enacted to read:
267-252 72-17-106. Office of Rail Safety Account.
268-253 (1) There is created an expendable special revenue fund called the Office of Rail Safety
269-254Account.
270-255 (2) The account shall be funded by:
271-256 (a) deposits into the account by the Legislature;
272-257 (b) fees collected pursuant to Section 72-17-105; and
273-258 (c) other deposits or donations into the account.
274-259 (3) The office shall provide a detailed budget to account for the office's expenditures
275-260related to the enforcement of this part, including:
276-261 (a) salaries, per diem, and travel expenses of employees performing the duties
277-262described in this part;
278-263 (b) expenditures for clerical and support staff directly associated with the duties
279-264described in this part;
280-265 (c) expenditures for legal staff who pursue and administer complaints and compliance
281-266issues related to this part; and
282-267 (d) reasonable overhead costs related to Subsections (3)(a) through (c).
283-268 (4) The office, in performing the duties under this part:
284-269 (a) shall limit the expenditure of funds to the total amount of fees collected from the
285-270railroads as described in this section; and
286-271 (b) may not expend funds from other sources accessible to the department. Enrolled Copy H.B. 63
260+243 (i) according to the data described in Subsection (2); and
261+244 (ii) to collect an amount sufficient to cover the budget and costs to administer the
262+245duties of the office.
263+246 (b) The department shall annually adjust the fees established in accordance with
264+247Subsection (3)(a) to account for inflation and other budgetary factors.
265+248 (4) Each railroad that operates within this state shall pay to the office the fees described
266+249and established by the office.
267+250 Section 7. Section 72-17-106 is enacted to read:
268+251 72-17-106. Office of Rail Safety Account.
269+252 (1) There is created an expendable special revenue fund called the Office of Rail Safety
270+253Account.
271+254 (2) The account shall be funded by:
272+255 (a) deposits into the account by the Legislature;
273+256 (b) fees collected pursuant to Section 72-17-105; and
274+257 (c) other deposits or donations into the account.
275+258 (3) The office shall provide a detailed budget to account for the office's expenditures
276+259related to the enforcement of this part, including:
277+260 (a) salaries, per diem, and travel expenses of employees performing the duties
278+261described in this part;
279+262 (b) expenditures for clerical and support staff directly associated with the duties
280+263described in this part;
281+264 (c) expenditures for legal staff who pursue and administer complaints and compliance
282+265issues related to this part; and
283+266 (d) reasonable overhead costs related to Subsections (3)(a) through (c).
284+267 (4) The office, in performing the duties under this part:
285+268 (a) shall limit the expenditure of funds to the total amount of fees collected from the
286+269railroads as described in this section; and
287+270 (b) may not expend funds from other sources accessible to the department.
288+271 Section 8. Section 72-17-107 is enacted to read:
289+272 72-17-107. Rulemaking regarding railroad clearances and walkways.
290+273 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 2nd Sub. (Gray) H.B. 63 02-05-23 9:46 AM
291+- 10 -Senate 3rd Reading Amendments 2-28-2023 lp/kpg
292+274department shall make rules to establish safety standards related to:
293+275 (1) walkways adjacent to railroad track;
294+276 (2) clearances of structures and other obstructions near railroad track;
295+277 (3) the safety of office personnel conducting inspections in accordance with this part;
296+278 (4) railroad infrastructure and work spaces for railroad workers;
297+279 (5) signage related to railroad worker safety; and
298+280 (6) other safety standards as the department finds necessary.
299+281 Section 9. Section 72-17-108 is enacted to read:
300+282 72-17-108. Agreements to indemnify in a railroad contract.
301+283 (1) As used in this section:
302+284 (a) "Railroad contract" means a contract or agreement between:
303+285 (i) a railroad; and
304+286 (ii) another person that could be subject to a civil penalty or fine issued pursuant to this
305+287chapter.
306+288 (b) "Indemnification provision" means a covenant, promise, agreement, or
307+289understanding in, in connection with, or collateral to a railroad contract that requires the person
308+290to insure, hold harmless, indemnify, or defend the railroad against liability, if:
309+291 (i) the damages arise out of a civil penalty issued pursuant to this chapter; and
310+292 (ii) the damages are caused by or resulting from the fault of the railroad or the
311+293railroad's agents or employees.
312+294 (2) Except as provided in Subsection (3), an indemnification provision in a railroad
313+295contract is against public policy and is void and unenforceable.
314+296 (3) If an indemnification provision is included in a railroad contract, in any action for
315+297damages described in Subsection (1)(b)(i), the railroad may seek indemnification from another
316+298party to a railroad contract pro rata based on the proportional share of fault of each party, if:
317+299 (a) the damages are caused in part by the party other than the railroad;
318+300 (b) the cause of the damages arose at a time when the party other than the railroad was
319+301operating pursuant to the railroad contract.
320+302 (4) This section may not be construed to impair a contract in existence before May 3,
321+3032023.
322+303aÖº Section 10. Effective date.
323+303b This bill takes effect on March 31, 2024. »Ö
324+304 Section Öº [10] 11 »Ö . Coordinating H.B. 63 with H.B. 232 -- Substantive and
325+304atechnical 02-05-23 9:46 AM 2nd Sub. (Gray) H.B. 63
287326 - 11 -
288-272 Section 8. Section 72-17-107 is enacted to read:
289-273 72-17-107. Rulemaking regarding railroad clearances and walkways.
290-274 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
291-275department shall make rules to establish safety standards related to:
292-276 (1) walkways adjacent to railroad track;
293-277 (2) clearances of structures and other obstructions near railroad track;
294-278 (3) the safety of office personnel conducting inspections in accordance with this part;
295-279 (4) railroad infrastructure and work spaces for railroad workers;
296-280 (5) signage related to railroad worker safety; and
297-281 (6) other safety standards as the department finds necessary.
298-282 Section 9. Section 72-17-108 is enacted to read:
299-283 72-17-108. Agreements to indemnify in a railroad contract.
300-284 (1) As used in this section:
301-285 (a) "Railroad contract" means a contract or agreement between:
302-286 (i) a railroad; and
303-287 (ii) another person that could be subject to a civil penalty or fine issued pursuant to this
304-288chapter.
305-289 (b) "Indemnification provision" means a covenant, promise, agreement, or
306-290understanding in, in connection with, or collateral to a railroad contract that requires the person
307-291to insure, hold harmless, indemnify, or defend the railroad against liability, if:
308-292 (i) the damages arise out of a civil penalty issued pursuant to this chapter; and
309-293 (ii) the damages are caused by or resulting from the fault of the railroad or the
310-294railroad's agents or employees.
311-295 (2) Except as provided in Subsection (3), an indemnification provision in a railroad
312-296contract is against public policy and is void and unenforceable.
313-297 (3) If an indemnification provision is included in a railroad contract, in any action for
314-298damages described in Subsection (1)(b)(i), the railroad may seek indemnification from another H.B. 63
315-Enrolled Copy
316-- 12 -
317-299party to a railroad contract pro rata based on the proportional share of fault of each party, if:
318-300 (a) the damages are caused in part by the party other than the railroad;
319-301 (b) the cause of the damages arose at a time when the party other than the railroad was
320-302operating pursuant to the railroad contract.
321-303 (4) This section may not be construed to impair a contract in existence before May 3,
322-3042023.
323-305 Section 10. Effective date.
324-306 This bill takes effect on March 31, 2024.
325-307 Section 11. Coordinating H.B. 63 with H.B. 232 -- Substantive and technical
326-308amendments.
327-309 If this H.B. 63 and H.B. 232, Railroad Crossing Maintenance Amendments, both pass
328-310and become law, it is the intent of the Legislature that the Office of Legislative Research and
329-311General Counsel shall prepare the Utah Code database for publication as follows:
330-312 (1) renumbering Title 72, Chapter 7, Part 6, Regulation of Highway-Railroad Grade
331-313Crossings, in H.B. 232 to be Title 72, Chapter 17, Part 2, Regulation of Highway-Railroad
332-314Grade Crossings;
333-315 (2) renumbering Section 72-7-601 in H.B. 232 to be Section 72-17-201;
334-316 (3) renumbering Section 72-7-602 in H.B. 232 to be Section 72-17-202; and
335-317 (4) replacing the language "Section 72-7-602" with "Section 72-17-202" in Section
336-31872-7-102.
327+305amendments.
328+306 If this H.B. 63 and H.B. 232, Railroad Crossing Maintenance Amendments, both pass
329+307and become law, it is the intent of the Legislature that the Office of Legislative Research and
330+308General Counsel shall prepare the Utah Code database for publication as follows:
331+309 (1) renumbering Title 72, Chapter 7, Part 6, Regulation of Highway-Railroad Grade
332+310Crossings, in H.B. 232 to be Title 72, Chapter 17, Part 2, Regulation of Highway-Railroad
333+311Grade Crossings;
334+312 (2) renumbering Section 72-7-601 in H.B. 232 to be Section 72-17-201;
335+313 (3) renumbering Section 72-7-602 in H.B. 232 to be Section 72-17-202; and
336+314 (4) replacing the language "Section 72-7-602" with "Section 72-17-202" in Section
337+31572-7-102.