Assembly Commerce, Economic Development and Agriculture Committee Statement to Assembly, No. 4460 (September 12, 2024)

Summary

Assembly Commerce, Economic Development and Agriculture Committee statement to Assembly, No. 4460, State of New Jersey, dated September 12, 2024. The committee reports favorably Assembly Bill No. 4460, which provides certain requirements concerning railroad safety. The statement says the owner or operator of a dangerous hazardous train is to require at least a two-person crew on all dangerous hazardous trains, with certain exceptions. It says the bill prohibits a railroad company, including a short line, from operating any train that exceeds 8,500 feet in length on any main line or branch line within the State, and sets a civil penalty of at least $500 but not more than $1,000 per foot exceeding the maximum train length.

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ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND
           AGRICULTURE COMMITTEE

                           STATEMENT TO

                      ASSEMBLY, No. 4460

       STATE OF NEW JERSEY
                         DATED: SEPTEMBER 12, 2024

          The Assembly Commerce, Economic Development and
      Agriculture Committee reports favorably Assembly Bill No. 4460.
          This bill provides certain requirements concerning railroad safety.
      Under the bill, the owner or operator of a dangerous hazardous train is
      to require at least a two-person crew on all dangerous hazardous trains.
      The owner or operator of a dangerous hazardous train is to further
      require that all dangerous hazardous trains clearly display the name of
      the railroad company that owns the dangerous hazardous train. The
      bill provides for certain exceptions to the two-person crew
      requirement, including: when a train is performing helper service;
      when a train is a tourist, scenic, historic, or excursion operation that is
      not part of the general railroad system of transportation; when a train is
      a locomotive that is not attached to railcars, is located inside a rail
      yard, and is being moved between tracks or moved to or from a
      maintenance shop; and when the owner or operator has been exempted
      from the two-person crew requirement by the Commissioner of
      Transportation. However, the bill specifies that the two-person crew
      requirement is mandatory when a train is transporting one or more
      loaded freight cars containing any material poisonous by inhalation or
      transporting 10 or more loaded freight cars or freight cars loaded with
      bulk packages or containing certain hazardous materials.
          The bill also prohibits a railroad company, including a short line,
      from operating any train that exceeds 8,500 feet in length on any main
      line or branch line within the State. Any person or railroad company
      that violates this maximum length is liable for a civil penalty of at least
      $500 but not more than $1,000 per foot exceeding the maximum train
      length allowed under the bill. The maximum penalty allowed is
      $250,000 in instances of gross negligence or a pattern of repeated
      violations that cause an imminent hazard of death or injury or that
      have caused death or injury, regardless of train length.
          The owner or operator of a privately owned railroad is required to
      submit a copy of federally required bridge inspection reports to the
      Commissioner of Transportation, the Governor, and the Legislature.
          Under the bill, the Board of Public Utilities (board), in conjunction
      with Department of Transportation (DOT), is required to work with
      each railroad company that operates in the State to ensure that wayside
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detector systems are installed and are operating along railroad tracks
on which the railroad company operates and to ensure that such
systems meet certain standards. If a railroad company refuses to work
or otherwise cooperate with the board and the DOT in good faith, the
board and the DOT are required to investigate the railroad company’s
safety practices and standards to determine whether the company
appears to be in compliance with federal railroad safety standards. If
the railroad company does not appear to be in compliance, the board
and the DOT are then required to make a report to the Federal Railroad
Administration (administration), within 60 days after this
determination, detailing the results of the investigation and
recommending that the administration take enforcement action against
the railroad company. The bill requires the board and the DOT to send
a copy of the report to the Governor and Legislature.
     The bill requires that all non-profit labor organizations
representing a class or craft of employees of rail carriers or rail carrier
contractor officials (non-profit labor organizations) be permitted onto
railroad property to assist in inspecting for safety hazards and are
permitted to identify any alleged safety hazards.
     Finally, the bill requires the DOT to work with non-profit labor
organizations and local emergency response service providers to apply
for federal grants.
     With the exception of the maximum train length provisions of the
bill, this bill does not apply to certain Class III carriers as defined by
the Surface Transportation Board.


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