Bill > S190

Introduced Session

This bill establishes certain railroad safety requirements for certain railroads in the State. Specifically, under the bill, the owner or operator of a dangerous hazardous train is to require at least two crew members on all dangerous hazardous trains unless certain exceptions, as outlined in the bill, are present. The bill specifies, however, that the exceptions do not apply if the dangerous hazardous train is transporting certain materials outlined in the bill. The bill also prohibits a railroad company from operating any train that exceeds 8,500 feet in length on any main line or branch line within the State. A privately owned railroad found in violation of the train length restriction is to be liable for a civil penalty of at least $500 but not more than $1,000. The bill provides, however, that the civil penalty may be increased to up to $250,000 in certain situations involving a grossly negligent violation or a pattern of repeated violations. Under the bill, each day a violation continues is to constitute a separate and distinct violation. However, the bill authorizes the Commissioner of Transportation (commissioner) to grant a temporary waiver of the train length restriction in certain situations and establishes certain parameters regarding the award and any extension of a temporary waiver. In addition, the bill establishes certain bridge inspection reporting requirements for owners and operators of privately owned railroads. The bill further requires the Department of Transportation (department), in conjunction with the Board of Public Utilities (board), to work with railroad companies in the State to determine the appropriate type of wayside detector system to employ and to ensure that certain requirements for wayside detector systems are met. The bill requires the board and the department to investigate a railroad company's safety practices and standards if the railroad company unreasonably refuses to work or otherwise cooperate with the board and the department to ensure that the wayside detector system requirements established by the bill are met. The bill requires the board, in collaboration with the department, to develop and administer a funding assistance program to ensure railroad companies in the State meet the wayside detector system installation and maintenance requirements established by the bill. The bill establishes the minimum requirements for the funding assistance program, as outlined in the bill. Additionally, the bill requires a "labor representative," defined in the bill as a member of a non-profit labor organization, who has been designated by a non-profit labor organization as an inspector with certain qualifications, to be permitted to enter the property of a privately owned railroad (property) to inspect for safety hazards pursuant to State and federal regulations. Under the bill, an owner or operator may designate a railroad company employee to accompany the labor representative while on the property. In addition, the bill requires the labor representative to carry valid photo identification and written authorization issued by the non-profit labor organization while on the property, and to present the identification and written authorization upon request. Under the bill, a labor representative acting in good faith and without gross negligence or willful misconduct is to be immune from civil liability for actions taken while on the property. The bill permits an owner or operator to require a labor representative to execute a nondisclosure agreement to protect trade secrets or confidential information viewed during an inspection, except where necessary to report hazardous conditions or violations. The bill further specifies that, with the exception of the provisions concerning the train length restriction, the provisions of the bill are not to apply to an owner or operator of a Class III carrier, as defined by federal regulations, that operates within a single municipality on 25 track miles or less and which is engaged in switching or terminal railroad services. Finally, the bill clarifies that its provisions are not to be construed to exempt a major facility from the provisions of the "Spill Compensation and Control Act."

AI Summary

Committee Categories

Patrick Diegnan (D)*,  Raj Mukherji (D)*,  Linda Greenstein (D),  Gordon Johnson (D),  Britnee Timberlake (D), 

Withdrawn Because Approved P.L.2025, c.300. (on 01/13/2026)

Official Document